UNIVERSITY OF FLORIDA LIBRARY Digitized by the Internet Archive in 2010 with funding from Lyrasis IVIembers and Sloan Foundation http://www.archive.org/details/canalzonecodeact1934pana 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 APPLI- CABLE 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 Presi- dent 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 Com- mission 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 substan- tive 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 ap- plicable in or relating to the Canal Zone or the Panama Canal. An attempt has been made to represent all general laws which are ap- plicable, 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 f ortli 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 Govern- ment 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 221 Ch. 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; fer- ries.... 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 Gov- ernor. 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," ap- proved 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 con- structed 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 Pres- ident 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 resub- divide the Canal Zone into subdivisions, to be designated by name or number, so that there shall be situated one town in each sub- division, 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 opera- tion 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 opera- tion of the Panama Canal and all its adjuncts, appendants and ap- purtenances, 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 navi- gation. — 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 regula- tions 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-Reteben ce 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 pro- visions 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 ves- sels 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].) CROS S-REFERiBN CES 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 func- tions of receiving, disbursing and accounting for the funds appropri- ated for the Panama Canal is authorized in so far as may be practi- cable, 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 ap- proved 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 Ac- counting 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 admin- ister 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 serv- ices for vessels. See. 52. Receipts from such business ; appropria- tion 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 impor- tation of articles or merchandise. 63. Seizure and confiscation of articles il- legally imported or obtained. 64. Omission of merclumdise from mani- fest; 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 imprison- ment 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 for- feiture.— 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 be- longing 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 pur- pose, 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 ship- ping 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 docu- ment ; 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 compensa- tion 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 here- under 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 pro- vided 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 serv- ice. 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 reach- ing 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 ap- plies 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 con- trary: 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 appoin- tive 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 sixty- two 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 Com- pany 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 examina- tions. — (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 em- ployee 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 Gov- ernor 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 physi- cians 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 tem- porarily 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 involun- tarily 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 pur- view 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 pro- visions 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 em- ployee 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 em- ployee 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 em- ployee 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 em- ployee's individual account, including accrued interest thereon com- puted 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 serv- ice 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 consecu- tive years of allowable service at the option of the employee, mul- tiplied by the number of years of service used in computing the annuity under paragraph (3) hereof, and divided by forty: Fro- vlded, 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 num- ber 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 Colum- bia, 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 Commis- sion, 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 compensa- tion 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 deduc- tions 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 compensa- tion 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 Commis- sion 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 frac- tion 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 inter- est 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 estab- lishment 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 eligi- bility 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 safe- guards 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 deter- mination of the rights of the applicant. Upon receipt of satisfactory evidence the Administrator of Veterans' Affairs shall forthwith adju- dicate the claim of the applicant, and if title to annuity be estab- lished, 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 Com- pany 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 pro- visions 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 other- wise 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 per- formed, any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the pro- visions 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 disburse- ments 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, garnish- ment, 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 em- ployees 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 dis- ability 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 RAIL- ROAD 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 em- ployees. 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 com- pensation 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 pay- able 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; modifica- tions 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 Pan- ama 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 regu- lations, 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 viola- tion 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 deporta- tion. 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 gen- eral. 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 num- bering ; licensing of operators ; fines. 159. Small vessels not propelled by ma- chinery ; registration and number- ing ; fines. 100. Small vessels carrying passengers ; certificate ; inspection ; fines. Section 151. Vessels subject to inspection in general.-— All ves- sels 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, equip- ment, 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 inspec- tion 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 cer- tificate of inspection shall be refused, and the board of local inspec- tors 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 giv- ing 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 ves- sels 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 ani- mals 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 Gov- ernor of the Panama Canal shall appoint all notaries public, pre- scribe 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 con- cession 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 de- partments of Government. — The Panama Railroad Company shall not be required to give bond, either with or without surety, in con- tracts which it may make to furnish services, materials, or supplies to the Army, Navy, Marine Corps, or other departments of the Gov- ernment, 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 dis- patchers. — 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 exceed- ing 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 de- scribed 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 train- men on freight train cars, with reference to runnnig boards, ladders, sill steps, roof handholds, and the position of brake shafts, as desig- nated in the existing standards of the Master Car Builders' Asso- ciation 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 Gov- ernor 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 de- frayed, 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 serv- ice. (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 ; pun- their 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 Novem- ber 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 super- ficial 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 appli- cation 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 recipro- cal regulations. 323. Violation of regulations ; punishment. Section 321. Authority of President to make and enforce regu- lations. — 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 high- ways 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 Pan- ama 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 estab- lish comity for the convenience of the residents of the two jurisdic- tions. (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 Pan- ama 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 main- tenance 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 author- ize, under such regulations as he may prescribe, the purchase of sup- plies 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.) CROS S-EEFEKBN CBS 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 carry- ing 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 communica- tion, 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 con- stitute 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 Presi- dent, 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 ves- sels of United States. Sec. 392. Powers conferred upon sbipping com- missioner 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].) Ceos s-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 depu- ties. — 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 ship- ping 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 regula- tions 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 pro- visions 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 radio- communication, 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 manage- ment 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 O wners 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 54 55 361 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 pro- visions 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, Jan- uary 1, February 22, Good Friday, May 30, July 4, Labor Day, November 3, Thanksgiving Day, and December 25. If a legal holi- day 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. Cros s-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 subscrip- tion 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 under- standing. .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 respect- ing 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 inter- ests 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 pro- visions 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 dam- ages. — A minor, or person of unsound mind, of whatever degree, is civilly liable for a wrong done by him, but is not liable in exem- plary damages unless at the time of the act he was capable of know- ing 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 man- ner 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 qualifi- cations 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 publica- tion 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, conta- gious, 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 proceed- ings 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 pro- tect 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 mar- riages. 59. Efifect of judgment of nullity. 60. Capability of minors to contract mar- riage. 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 chap- ter ; punishment. 65. Declaration where there is no record. 66. To be acknowledged and recorded. 67. Either party may proceed to test valid- ity 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 solemniza- tion 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 celebra- tion 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, incapa- ble, 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 mar- riage 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 circum- stances 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 mar- riage 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 accom- panied 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 impedi- ment 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 mar- riages. — (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; mar- riage certificate. — (a) The judicial officer or minister celebrating a marriage shall — (1) Certif}^ upon the marriage license that he celebrated such mar- riage, 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 im- prisonment 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 dis- trict 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 con- tracted 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 com- mits 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 mar- riage has been, or hereafter may be, contracted and solemnized be- tween any two persons, and it shall be adjudged, in the manner here- inafter provided, (1) that either party has committed adultery sub- sequent 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 separa- tion 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 neces- sary, 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 com- mits 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. -Divorces must be denied 91. Divorces denied, on showing what.- 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 mani- fested 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 com- mitted, or to be represented in court as having committed, acts con- stituting 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 consti- tuting 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 kindness- 54 THE CIVIL CODE [T. 3, § 106 98. Evidence of condonation. — Where the cause of divorce con- sists 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 consti- tuting a different cause of divorce from the one condoned, and exist- ing 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. — Unrea- sonable lapse of time is such a delay in commencing the action as establishes the presumption that there has been connivance, collu- sion, 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 Septem- ber 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 exam- ination 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 compe- tent evidence. Whenever the district judge is satisfied that the in- terests of the defendant require it, the court may order such addi- tional 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 pro- vide 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 ap- plying for divorce, maintain in the district court an action against him for permanent support and maintenance of herself or of her- self 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 de- creeing 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 expira- tion 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 main- tenance, 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 sup- port, 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 belong- ing 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 matri- mony, 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, legal- ized. — 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 con- tracts. 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 sepa- rate, 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 hus- band 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 rela- tions, 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 agree- ment 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 com- plete 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 prop- erty. — 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 prop- erty 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 hus- band 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 prop- erty, 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 prop- erty 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 con- tracts 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 wed- lock. 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 hus- band. — 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 mar- riage. — 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 presump- tion 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 wed- lock 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: Pro- vid^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 serv- ices. 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 hear- ing 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 illegiti- mate 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 f er 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 author- ity 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-REFEREN CE8 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 sup- port 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. CrOS S-REFEKEay CE 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 serv- ice may be paid to him. 183. Right of parent to determine the residence of child. — A 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 hope- lessly 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 guar- dian, 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 noth- ing 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 de- ceased 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 peti- tioner 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 obliga- tions 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. CeOS S -REFEatEN CB 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. Cros 8-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 guardian- ship, 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 guard- ian 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. CbOS S-REIFEaSEN CB Marriage of ward terminates guardianship, see title 4, section 1813. 214. Suspension of power of guardian. — The power of a guard- ian 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-Referen oe 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 manage- ment, see title 5, sections 751 to 764. Section 221. Application for license to do business; accompany- ing 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 main- tain 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 corpo- ration 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^, Cros s-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 Terri- LXth^' 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 trans- act 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, permis- sible 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; con- tracts 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 pun- ished as for a misdemeanor. In addition to this penalty, every con- tract 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 do- ing business in the Canal Zone which fail to comply with the provi- sions 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 exami- nation, 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 manage- ment, 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 author- izing 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 lia- bilities, 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 pro- ceedings of its directors or stockholders or members relating to or affecting the issue of such securities, a copy of its articles of incor- poration and of its bylaws and of any amendments thereto, and also a certificate, executed by the proper officer of the State, Ter- ritory, 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 pro- vided 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 corpora- tion, 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 fraudu- lent 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 pro- ceeds 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 addi- tion 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 appar- ent 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 evi- dences 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 prod- ucts 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 claim- ing 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 nonresi- dent alien takes by succession, he must appear and claim the prop- erty 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. Cbos s-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 sev- eral 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 pur- poses, 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 dura- tion 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 suc- cession, 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 enjoy- ment of property is to begin or end may be determined by computa- tion, 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 unlaw- ful, 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 impos- ing 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 restrain- ing 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 aliena- tion 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 prop- erty to accrue and to be received at any time subsequent to the execu- tion 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 accumu- lation 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 subse- quent 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 destruc- tion 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 copy- rights 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 prod- uct 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 con- cerned, 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. Cbos s-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 communica- tions 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, manufac- ture, ornament, or domestic use, if iho, removal can be effected with- out 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 belong- ing 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, how- ever, 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 prin- cipal 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 mate- rials 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 propri- etors; 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 pro- portion 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 prod- uct, the value thereof in place of the product. 421. Wrongdoer liable in damages. — One who wrongfully em- ploys 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 trans- ferred. 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 repos- session 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 instru- ment, subscribed by the person making the transfer, or by his agent. 453. Transfer by sale, etc. — The mode of transferring other per- sonal 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 de- livered 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 de- livered 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 circum- stances 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 limita- tion 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 suc- cessors, 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 de- livery 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. be 491. By whom acknowledgments may 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 corpora- tion. 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 certi- fied, 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, con- sular, 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 indi- vidual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledg- ment 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 acknowledg- ment, unless it is otherwise in this chapter provided, must be sub- stantially 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 " : Pro- vided^ however, That any acknowledgment taken without the Canal Zone in accordance with the laws of the place where the acknowledg- ment 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 corpora- tion 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 signa- tures, 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 sub- scribing 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 nonresi- dents 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 pur- ports 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 instru- ment 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 exist- ing 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 Janu- ary 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 revo- cations. 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 testa- tor. 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 pro- vided 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 influ- fiR 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 pro- portion 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, refer- ring 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 nuncu- pative 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 nuncupa- tive 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 chap- ter 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 de- stroyed 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 con- sistent 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 hav- ing made a will, the testator marries, and has issue of such mar- riage, 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 provi- sion; 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 mak- ing 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 inten- tion 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 lega- tees, 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 revoca- tion 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 other- wise 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 unpro- vided 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. Ceos s-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 deduc- tion 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 con- struction. 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 uncer- tainty 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-Refeben cb 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.— A 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 limita- tion, 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. Cbos s-Refeken ce 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 dis- position 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 condi- tion precedent in a will is to be deemed performed when the testa- tor'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 be- tween 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 repre- sentative; 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 obliga- tions. 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 consan- guinity. 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 per- son. — When any person having title to any estate not otherwise lim- ited 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, sub- ject 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 de- ceased 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 de- ceased 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 hus- band 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 grand- children 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, other- wise 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 repre- sentation, 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 represen- tation, 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 sub- division 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 illegiti- mate 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 acknowl- edged 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 receiv- ing 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, leav- ing 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 be- longs 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 adminis- tration, 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 represent- ative 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 obliga- tions 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. Cros s-Referen ces 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, con- current, or subsequent. Ceos s-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 refer- ring 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 condi- tions concurrent so imposed upon him on the like fulfillment by the other party, except as provided by the section next following. Ckos s-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 obliga- tion 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 previ- ously performing or offering to perform any conditions upon his part in favor of the former party. Ceos s-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 repug- nant to the nature of the interest created by the contract, is void. Cros s-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 condi- tion 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 trans- ferable. 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 non- negotiable 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 perform- ance. 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 perform- ance. 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 perform- ance 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. — Perform- ance 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 indivis- ible obligation extinguishes a corresponding proportion thereof if the benefit of such performance is voluntarily retained by the cred- itor, 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 pro- portion; 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 pre- scribed 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. Cros s-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 perform- ance 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 col- lect 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 obliga- tion, 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 pro- duced, 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 en- titled 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. CEOS S-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 reason- able 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. Cros s-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 perform- ance 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 con- sideration 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. Ckos s-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 obliga- tion ; 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 extin- guished 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 en- forced. — 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 condi- tions. 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 con- tract 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-Referen ce 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. — Con- sent 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 infor- mation 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 confi- dence 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. Cros s-R EFEBENCES 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 con- tract 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 mis- take 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 par- ties 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 pro- posal 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 abso- lute 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 con- tract 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 law- ful 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 sev- eral 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. Ceos s-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 execu- tory, 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 con- sideration is to be ascertained, which method is on its face impos- sible 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 execu- tion, 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 consider- ation. — A written instrument is presumptive evidence of a con- sideration. 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. CrO SS-ReFEKEN CE3 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 un- sealed 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 miscar- riage 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 prop- erty, 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. Cuds S-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 prom- isor lielievcd promisee to rely. 916. Particular clauses subordinate to gen- eral 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 ascertain- able 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. — Particu- lar 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 con- tract 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 orig- inal 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 uncer- tainty 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. CbOS S-Re1!'JUUEN ce Contracts, joint and several, see sections 681 et seq., of this title. 926. Executed and executory contracts, what. — An executed con- tract 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 respon- sibility 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 trans- acted, 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 extin- guished 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 mis- take 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 preju- dice. 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 ex- tent 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 cancel- ation 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 de- struction, 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 pre- ceding 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 pre- ceding 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 ob- tains a thing without the consent of its owner, or by a consent after- wards 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 obtain- ing 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 descrip- tion. 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 nego- tiable 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 exer- cised. 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 mort- gages. 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 prop- erty 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 sub- stantially 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 subse- quently, 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 sub- stantially 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 fore- going provisions the buyer must pay a reasonable price. What is a reasonable price is a question of fact dependent on the circum- stances 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 nonperform- ance 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 mar- shal, 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 war- ranty 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 con- tract 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 reason- able 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 inten- tion 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 deliver- able 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 prop- erty 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 con- signee 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, \)vo- vided 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 sub- ject 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 perform- ance 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, pro- vided 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 nego- tiable document of title may be negotiated by delivery — (a) Where, by the terms of the document, the carrier, warehouse- man, 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, warehouse- man, 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 docu- ment 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 trans- ferred. — 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 nego- tiation, the transferee acquires a right against the transferor to compel him to indorse the document unless a contrary intention ap- pears. 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 de- livery, 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, when- ever 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 nego- tiable 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 satisfy- ing 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 con- tract, 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 con- tract 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 put- ting 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 con- tract and the circumstances of the case whether the breach of con- tract 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 pay- ment 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 war- ranty 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 deliv- ery, 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 herein- after 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 instru- ment, 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 with- holding 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 pos- session 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 circum- stances 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 unreason- able 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 nego- tiable document of title has been issued for goods, no seller's lien or right of stoppage in transitu shall defeat the right of any pur- chaser 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 J 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 be- tween 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 repu- diated 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 wrong- fully 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 con- tract 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 de- cree 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. Cro s s -R efeben 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 extinc- tion 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 imme- diately 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 reme- dies 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 considera- tion 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, misrepre- sentation, 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 sub- ject 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 negli- gently 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 com- mitted 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 hap- pening 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 happen- ing 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 provi- sion 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 attach- ment 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 de- livered under a conditional sale contract and the seller expressly or impliedly consents that the buyer may resell them prior to perform- ance of the condition, the same shall be valid whether filed or not except that the reservation of property shall be void against pur- chasers 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 con- tract 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 reg- istered 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 prop- erty 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 per- formance 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 reg- istered 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 im- prisoned 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 per- formance 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 con- tract 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 inten- tion 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 condi- tion 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, keep- ing, and storage, may redeem the goods and become entitled to take possession of them and to continue in the performance of the con- tract 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 fur- nish 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 perish- able 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 regis- tered 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 publi- 165 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 ap- plied (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 pur- chase 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 ap- plied, 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 com- mitting 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 de- posited, which may tend to excuse the depositary from delivering the thing to him. 1105. Notice to owner of thing wrongfully detained. — A deposi- tary who believes that a thing deposited with him is wrongfully de- tained 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 obliga- tion 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 deposi- tor 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. Cros s-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 de- positary 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 gra- tuitous depositary must use at least slight care for the preservation of the thing deposited. 1124. His duties cease, when. — The duties of a gratuitous deposi- tary 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 deposi- tary 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 half- month. 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 de- positary 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, preser- vation, 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 mis- Failure 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 misde- scription 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 " dupli- cate " 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 pur- chased 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 accom- panied, 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 pro- visions 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 trans- fer 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 speci- fied 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 warehouse- man, 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 non- delivery 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 ad- verse 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 de- scribed 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 there- for. — 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 cred- itor whose debtor is the owner of a negotiable receipt shall be en- titled to such aid from courts of appropriate jurisdiction, by injunc- tion 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 warehouse- man 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 reason- able 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 de- posited 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 warehouse- man 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. — A 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 de- livered 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 perish- able 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 prop- erty 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 warehouse- 180 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 in- dorsement.— A negotiable receipt may be negotiated by delivery — (a) Where, by the terms of the receipt, the warehouseman under- takes to deliver the goods to the bearer ; or (b) Where, by the terms of the receipt, the warehouseman under- takes 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 deliver- able 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 there- after 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 there- by to acquire the direct obligation of the warehouseman to hold pos- session 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 warehouse- man 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 nego- tiation 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, includ- ing 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 when- ever 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 quan- tity or quality of the goods therein described. 1182. When negotiation not impaired by fraud, mistake, or du- ress. — 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, mort- gaged, or pledged the negotiable receipt representing such goods, continues in possession of the negotiable receipt, the subsequent nego- tiation 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 nego- tiation be prior or subsequent to the notification to the warehouse- man 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 warehouse- man, 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 warehouse- man, 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 warehouse- man, 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 pro- vided 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, includ- ing 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 sub- ject 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 pos- session 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 con- tract. An antecedent or preexisting obligation, whether for money or not, constitutes value where a receipt is taken either in satisfac- tion 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 negli- gently 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 bag- gage 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 pre- scribed 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 pos- session 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 own- ership 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 compen- sates, 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 antici- pate 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 compensa- tion 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-Referen ces 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 con- tract 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 bor- rowed. 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 ex- cess 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 con- tracts 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 representa- tives, 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 termi- nates : 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 enjoy- ment 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. CbOS 8-R EIFEBEN CES 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 appli- cation 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 con- tract 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 em- ployee. 1312. When employer not bound to indem- nify 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 char- acter 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 em- ployer 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 consid- eration, undertakes to do a service for another, is not bound to per- form 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 con- sideration, 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 em- ployed 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 sub- stantially 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 per- form 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 em- ployee acquires by virtue of his employment, except the conq)ensa- tion, 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 de- mand, give prompt notice to his emploj^er of everything which he receives for his account. 1332. Employee not bound to deliver without demand. — An em- ployee 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 con- fidential 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, un- less 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 employ- er'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 speci- fied 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 employ- ment, 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 pur- suit 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 de- mand; 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 con- fidential 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 nego- tiable 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 reason- able 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. uii(h' niaranty Liability of fac(or 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 proceed- ing 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 pur- chaser ; 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 car- riers. — 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. Ceos s-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 pro- vide 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 unreason- able 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 con- signee, 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 per- sonally, 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 inten- tion 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(m- ment, 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 ad- vanced 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. Cbos s-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. Ceos s-Refeken ce Damage for failure to accept freight, see section 2654 of this title. 1473. Compensation. — A common carrier is entitled to a reason- able 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 con- signee, 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 mani- fested only by his signature to the same. 1477. Loss of valuable letters. — A common carrier is not respon- sible 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 lug- gage 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 imita- tions 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 car- rier 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 confi- dence 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 reason- able 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 ad- verso 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, conceal- ment, 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 bene- ficiary. — No trustee, so long as he remains in the trust, may under- take another trust adverse in its nature to the interest of his bene- ficiary 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 pro- visions 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 pro- ceeds, 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 con- sented, 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 prop- erty. — 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 applica- tion tliereof, and his rights can in no way be prejudiced by a mis- application 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 1 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 declara- tions 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 en- titled 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 bene- ficiaries, 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 dis- trict court must appoint a trustee whenever there is a vacancy, and the declaration of trust does not provide a practical method of ap- pointment. 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, renuncia- tion, 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 prin- cipal 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 hav- ing 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 subse- quent 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 un- authorized 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 author- ity 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 restric- tions 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. ChOS S-REFE31EN CB 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 prin- cipal diK^s l)ind liim. Principal's responsibility for agent's negligence, wrongful act, or omis- sion. 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 prin- cipal. 1654. Obligation of principal when agent exceeds his authority. 1655. For acts done under a merely osten- sible 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 transac- tions 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 author- ity. — 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 author- ity. — 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. — A 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, wrong- ful 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 com- mitted 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 per- sons. 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 prin- cipal, 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 per- son. — 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 provi- sions 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 spe- cially 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 prin- cipal 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. — A subagent, lawfully appointed, represents the principal in like man- ner 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 prop- erty by presumption. 1721. Partnership property, what. — The property of a partner- ship 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 partner- ship 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 proceed- ings connected with the formation, conduct, dissolution, and liquida- tion 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 misrepresenta- tion, 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 exon- erates 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 renuncia- tion, 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 por- tion 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 gen- eral partner, in the course of any business usually carried on by the partnership, belong to the firm. Cros s-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. Ceos s-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 part- nership, 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 communi- cated, 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 agree- ment; 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 en- titled 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. Ceo ss-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 dissolu- tion 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, promis- sory notes or other obligations held by the partnership for the purpose of collecting the same, but he cannot create any new obliga- tion in its name or revive a debt against the firm, by an acknowledg- ment, 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 part- nership 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 con- tributed 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 partner- ship 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 pre- tense, 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 with- draws 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 de- fective 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. CrO SS-ReFEREN CES 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 cer- tificate 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 part- nership 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 mort- gagee, the insurance is deemed to be upon the interest of the mortga- gor, 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 mort- gagee, 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 sub- jects 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 inter- est 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, sepa- rately 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 insur- ance, 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 inten- tional or unintentional, entitles the injured party to rescind a con- tract 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 in- quiry. — Neither party to a contract of insurance is bound to com- municate 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 after- 237 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 mate- rial 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 deter- mined 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 Y 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 war- ranty, 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 mate- lially 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; other- wise 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 simul- taneous 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 insur- 2001. 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 dou- ble 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 reinsur- ance, 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 pol- icy, 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 valua- tion 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 there- upon 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 edu- cation 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. Ceo s s-Referen cb Insurable interest, generally, see sections 1881 et seq., of this title, 2033. Assignee, etc., of life policy need have no interest. — A pol- icy 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 pay- ment 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 pol- icy 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 indemnify- ing 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, express- ly, 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 con- trol 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 obliga- tion 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 an- other, 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 obliga- tion, in consideration of the obligation in respect to which the prom- ise 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 an- other, 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 receiv- 248 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 merchan- dise 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 considera- tion, 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 guar- antee 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 con- tract, 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 condi- tional 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 un- conditional unless its terms import some condition precedent to the liability of the guarantor. 2092. Liability upon guaranty of payment or performance. — A 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 princi- pal. — 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 prin- cipal, 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 guar- antor 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 princi- pal, 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 any- thing 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. Cbos s-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. — A 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 be- j'-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 perform- ance. — 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! J [T. 3, § 2143 2135. Surety discharged by certain acts of the creditor.— A 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 securi- ties 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 per- forin 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 exon- erated to the extent to which he is therebj^ prejudiced. Cues s-Reeeeen ce 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 perform- ance 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 par- 255 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 pay- ment 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. — Con- tracts 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 opera- tion 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 com- pensation. 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 compen- sation 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 hav- ing 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 sub- rogated 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 limi- tations. — 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 de- pendent upon possession extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwith- standing 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. Ceos s-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 condi- tion, may, for the purpose of showing such transfer to be a mort- gage, 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. — A 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 perform- ance 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 mort- gage, 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 mort- gagor.— 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 pnap- ter 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, acknowl- edge, 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 mer- chant. 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. Ckos s-Referen ce 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 mort- gage is made upon the stock in trade of a merchant, it shall be deemed, in the absence of a contrary intention, to cover goods sub- sequently 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 subse- quent 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 prop- erty from the Canal Zone without the written consent of the mort- gagee. 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 prop- erty 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 prop- erty. — 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 prop- erty 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 mort- gage 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 part- ing 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 pur- chase. 2306. Pledgee may foreclose right of re- demption. Section 2281. Pledge, what. — Pledge is a deposit of personal prop- erty 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 pur- pose of making awj transfer of it, cannot set up his own title, to de- feat a pledge of the property, made by the other, to a pledgee who received the property in good faith, in the ordinary course of busi- ness, 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 compensa- tion 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 govern- ments, 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 law- fully 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 prop- erty 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 prop- erty 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 direc- tion 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 proprie- tors, and persons pasturing horses or stock, have a lien, dependent on possession, for their compensation in caring for, boarding, feed- ing, or pasturing such horses or stock; and laundry proprietors and persons conducting a laundry business, have a general lien, depend- ent on possession, upon all personal property in their hands belong- 267 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 auc- tion, 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 require- ments : ( 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 reimburse- ment 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 deter- minable, 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 instru- ment otherwise negotiable is not affected by a provision which — (1) Authorizes the sale of collateral securities in case the instru- ment 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 stipu- lation 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 pay- ment is to be made. But nothing in this section shall alter or repeal any statute requir- ing 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 require- ments 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 incom- plete 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 instru- ment 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 instru- ment. 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 instru- ment 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 un- dated, 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 instru- ment whoye signature does not appear thereon, except as herein other- wise 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 appoint- ment 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 repre- sentative character, without disclosing his principal, does not exempt him from personal liability. 2341. Signature by " procuration." — A signature by " procura- tion " 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 instru- ment is deemed prima facie to have been issued for a valuable con- sideration; and every person whose signature appears thereon to have become a party thereto for value. 2352. Consideration, what constitutes. — Value is any considera- tion sufficient to support a simple contract. An antecedent or pi-e- existing 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 con- sideration 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 otherwise- 2356. 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 pur- pose 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 negoti- ated 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 pay- able, or which purports to transfer the instrument to two or more indorsees severally, does not operate as a negotiation of the instru- ment. 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 spe- cial 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 indorse- ment. — 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 condi- tional, 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 nego- tiated 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 indorse- ment 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 con- tinues 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 subse- quent 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 trans- ferrer 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 nego- tiated 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 COD 11 [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. Ckos s-Referen ces 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 defec- tive, 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 de- livery, 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 instru- ment 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 other- wise 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 indorse- ment, 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 payment not I'e- rreseutineut for 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, present- ment 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 representa- tive, 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 pay- ment 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. — Present- ment 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, present- ment 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 pro- visions 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 prin- cipal. 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 instru- ment 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 person- ally 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 reason- able 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 there- after ; (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 de- joosited 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 no- tice 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 ad- dress; 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 an- other, 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 con- trol 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 dis- honor 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 instru- ment at or after maturity in his own right. 2482. Persons secondarily liable discharged. — A person second- arily 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 instru- ment, 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 inopera- tive ; 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 ad- dressed 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 incom- plete, or when it is overdue, or after it has been dishonored by a previous refusal to accept, or by nonpayment. But when a bill pay- able 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 insuf- ficient. 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. — Pre- sentment 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 pro- vided, 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 pre- sentment 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 nonaccept- ance, 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 circum- stances 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 secur- ity, 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 pro- vided, 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 nego- tiable 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 " pri- marily " 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 par- ticular 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 chap- ters 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 con- tracts, 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 com- pensation 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 dam- ages. — 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 com- pensation 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. — Dam- ages 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 stip- ulated 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. — Accept- ing 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 con- tract. 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 dam- ages, 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 be- tween 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 deprecia- tion, 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 there- of, 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 dam- ages 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. Ck OSS-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 en- forced. 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 imme- diate 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 con- trol 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 perform- ance. — 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 con- tract ; 2. If it is not, as to him, just and reasonable; 3. If his assent was obtained by the misrepresentation, conceal- ment, 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, misappre- hension, 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 con- fined 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 ad- judging 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 instru- ments. — 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 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 credi- tor 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' meet- i!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 conver- sion ; 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 modi- fication 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 rela- tive to trusts and fraudulent transfers, and to the restrictions im- posed 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 assign- ment 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 assign- ment 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 here- inafter 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 meet- ing 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 mean- ing 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. Cbos s-Refeieen ces 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 bene- fit 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 pur- chaser 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 assign- ment 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 inven- tory 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 com- missioner 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 assign- ment 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 pur- chasers 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 faith- ful 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 ap- pointed by such court. 2788. Conditions of disposal and conversion; publication of notice by assignee; dividends; rights of mortgagee. — Until a veri- fied 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}^ de- clared 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 instru- ment 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 dam- ages 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 ad- ministrators, and management of es- tates 1521 31. Conveyance of real estate and transfer of personal property by executors and ad- ministrators in certain cases 1541 32. Accounts rendered by executors and ad- ministrators, 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 pro- visions 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 accord- ing 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. CROS S -REFEKEN OES 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 sing- ular; 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, chat- tels, 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 de- priving its owner of the benefit of it, which is done by taking, with- holding, 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 prose- cuted 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 viola- tion 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 con- 23. 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 jus- tice 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 par- ties, their witnesses, and counsel: Provided^ That in any cause the court may, in the exercise of a sound discretion, during the examina- tion 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 minis- terial 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 cham- bers, 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 guard- ianship, 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 disqualifica- tion 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. Cros s -Refeken ces 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 prop- erty 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 pro- ceeding in a court of justice in the Canal Zone shall be in the Eng- lish 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 pro- ceeding 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 Co- lumbia, 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 educa- 325 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 pro- mote 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 accord- ing 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 sure- ties 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 him- self, 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 pro- ceeding 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 pro- ceedings 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 other- wise, 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 objec- tion. 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 discre- tion, 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, judg- ment 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, hav- ing 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 compensa- tion, 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. CBOS S-REaT.RBN CB 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 consist- ing 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 chat- tels, 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 subdivi- sion 2 of section 84 of this title; or an action founded upon a con- tract, 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 sub- division 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 Gov- ernment, 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 imprison- ment, 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 dis- abilities. 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 proceed- ing. 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 ex- pires. — If a person entitled to bring an action die before the expira- tion of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representa- tives, 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 pro- hibition, 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 can- not 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 with- out joining the persons beneficially interested. 125. iMarried women as parties to actions. 126. Wife may defend, when. 127. Appearance of infant, etc., by guard- ian ; 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 non- residents. — 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, sub- ject to the jurisdiction of the Canal Zone courts. This section shall not be construed to exclude from the jurisdic- tion 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. CeOS S-ReFE»E NCES 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, includ- il 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 compro- mise. — When an infant, or an insane or incompetent person is a party, he must appear either by his general guardian or by a guard- ian 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, notwith- standing 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. — A 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 main- tain 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 dam- ages 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 pro- vided 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 prop- erty 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 judg- ment 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 defend- ants; 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 com- mercial 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 instru- ment 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 defend- ing actions. — All persons holding as tenants in common, joint ten- ants, 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 inter- vention 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 prop- erty 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 par- ties 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 gen- eral. 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 prop- erty 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 dam- ages 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 dis- trict 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 com- plaint 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 com- plaint 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. Ceos s -R eferen ces 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 com- plaint must be served, with the summons, upon each of the defend- ants. 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-ReFEEEN CBS 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 defend- ants 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. CrOS S-ReFEREW OES 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 de- fendant 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 CIV IT, 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 con- troversy. 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 ap- pear 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 circula- tion 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 com- plaint, 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 sum- mons, 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 pub- lished 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 serv- ice 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 for- mal 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 com- plaint. 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. Ceos s-Refeken ces 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 hus- band 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 defend- ant, 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 com- plaint 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 com- plaint 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. Cbos s-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 com- plaint. 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 veri- fied, 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 men- tioned 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 de- fendant 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 circum- stances that, if one had brought an action against the other, a counter- claim could have been set up, the two demands shall be deemed com- pensated, 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 sub- scribed 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 Govern- ment 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 Govern- ment, 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 ad- mitted, 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 instru- ment, 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 com- plaint. 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 plead- ing. 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 com- plaint 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 pub- lished 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 com- plaint, 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 supple- mental 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 un- less 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 plead- ing. 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, sur- prise, 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 defend- ant, the court may allow, on such terms as may be just, such de- fendant 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 substan- tial 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, instruc- tion, 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 complain- ing 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 con- tain. 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 undertals- ing, 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 mar- shal. 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 de- fendant 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, fac- tor, 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, deten- tion, 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 wrong- ful, 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 de- fendant, 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-Eeferen ces 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 them- selves 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 mar- shal 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 defend- ant may give to the plaintiff or his attorney notice of the justifica- tion 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 justi- fication, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the whole justifica- tion 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 examina- tion 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 mar- shal 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 de- posit 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 pay- ment, 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 pro- vided 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 de- posited 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 other- wise, 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 ap- plication, 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 prop- erty 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 (par- ticularly 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, pur- suant 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. Cros s-Reifeben ces 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 serv- ice 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 plain- tiff, 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 sure- ties, 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 prop- erty 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 prop- erty, 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 mar- shal must file the notice, undertaking, and affidavit, with his pro- ceedings 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 (appen- dix, p. i)S2) . 342. When injunction may be granted or may not. — An injunc- tion 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, con- sists in restraining the commission or continuance of the act com- plained of, either for a limited period or perpetually; 2. When it appears by the complaint or affidavits that the com- mission 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 injunc- tion 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 speci- fied, 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 return- able, 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 appli- cation 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 ; excep- tions 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 com- pelled to pay costs. Perishable property, how sold ; dispo- sition 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 plain- tiff, 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 prose- cuted, to hinder, delay, or defraud any creditor of the defendant. 353. Undertaking on attachment; exceptions to sureties. — Be- fore 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 suf- ficient 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 defend- ant, and held by any other person, must be attached, by filing with the registrar of property a copy of the writ, together with a descrip- tion 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 descrip- tion 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 presi- dent, 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 defend- ant, 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 prop- erty 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 attach- ment on real property attaches and becomes effective upon the filing of a copy of the writ, together with a description of the prop- erty attached and a notice that it is attached, with the registrar of 876 laintiff' may oppose the same by affidavits or other evidence, in addition to those on which the attach- ment 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. Cros s -Refeebn ce 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. Cros s-Referbnce For chapter 22, see title 3, sections 491 et seq. 376. Attachment of interest of defendant in estate of dece- dent. — 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 pro- ceeds 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 mort- gaged 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 prop- erty in satisfaction of the judgment; 5. In the cases when a corporation has been dissolved, or is insol- vent, 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 corpora- tions. — 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 stock- holders or members. 383. Receiver, restrictions on appointment; ex parte application, undertaking on. — No party, or attorney of a party, or person inter- 382 THE CODE OF CIVIL PROCEDURE [T. 4, § 387 ested in an action, or related to the judge of the court by consan- guinity 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 faith- fully 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 de- positories. " 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 punish- ing 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; disburse- ment; record of receipt and disbursement.— Tlie ckrk shall de- posit in some depositoiy designated by the judge of the district court, in the name of that court, every sum of mone}' deposited in the regis- try 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; commis- sion ; 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 claim- ant. 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 referees- Sec. 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 plain- tiff. 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 deter- mination 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. — Judg- ment 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 submis- sion 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 request- ing 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 prose- cuted, 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 de- 387 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 de- fendant 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, judg- ment 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, when- ever 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 judg- ment 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 there- after 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 publi- cation, 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 pay- ments 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 PROVE DUEE [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 allega- tions 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-REFEIREN CE 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 objec- tions, 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 ver- dict. 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 counter- claim. 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 chal- lenge the jurors, but where there are several parties on either side, they must join in the challenge before it can be made. The chal- lenges 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 dif- ferent counsel, the court must determine their relative order in the evidence and argument; 6. The court may then charge the jury. Cros s-Reiferen ces 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 ap- pointed, 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 impanel- ing 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 ad- journ from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause sub- mitted 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. CkOS S-REFEREN CB 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 particu- lar 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 establish- ing counterclaim. — When a verdict is found for the plaintiff in an action for the recovery of money, or for the defendant, when a coun- terclaim 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 prop- erty, 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 por- tions 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. Cros s-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 judg- ment 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 ob- jection. 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 par- ties 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. Cro s s-Refkren ces 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 spe- cific 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. CUOS S-REFEEEN OES 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 com- missioner 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 ob- jection 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 proceed- ing 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 con- tain 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 im- mediately 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 chan- nel; 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 jude 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 con- stable, 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 de- fendant 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 de- fendant, and all damages which he may sustain by reason of the arrest, if the same be wrongful, or without sufficient cause, not exceed- ing 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. — Be- fore issuing the writ, the magistrate must require a written under- 487 f T. 4, §743] THE CODE OF CIVIL PROCEDURE taking on the part of the plaintiff, with two or more sufficient sure- ties, 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 subdi- vision 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 attach- ing 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 con- stable 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 defend- ant'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 appH- cable to attachments issued in magistrates' courts, the Avord " con- 488 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. ap- Sec. 762. Judgment by default. 761. Judgment when defendant fails to appear. — If the defend- ant fails to appear and to answer or demur within the time specified in the summons, then, upon proof of service of summons, the follow- ing 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 pro- ceedings 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 defend- ant 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 subdivi- sion, 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 plead- ings, 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 defend- ant 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 judg- ment 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 instru- ment 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 genu- ine.' — 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 gen- uineness 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 cer- t: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 preju- dice 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 undertak- ing 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 magis- trate 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 mag- istrate, 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 author- ized to enter judgment, such party may remit the excess, and judg- ment 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 ab- stract 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 plain- tiff (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 magis- trate 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 magis- trate shall have power to set aside any void judgment u})()n mo- tion 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. — Exe- cution 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 execu- tion. 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 magis- trate 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 " con- stable " 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 subdi- vision wherein the defendant resides, and such magistrate may issue execution on such judgment, and may take and exercise such juris- diction 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 magis- trates' 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 magis- trate 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 con- cise 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-Refejibn ce 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 magis- 447 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. — Ap- peals 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 under- taking. 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 amend- ments 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 condi- tioned 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 serv- ices 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 con- firm, 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 dis- trict 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 appeal- mg 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 con- tain, 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 sum- mons. 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, representa- tive, 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 sub- sequently ; 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 de- fendant, 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 judg- ment 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 judg- ment 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 compel- ling 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. CRO S 8-REFEREN CE8 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 ap- pears 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 con- tract, 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 appro- priate 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. CROS S-ReFEEEN CES 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 determi- nation 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 under- takings 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 num- ber of sureties, is authorized or recjuired by any provision of this title, or of any law of the Canal Zone, any corporation with a paid- up 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, guar- anteeing, 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 execu- tion; 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 corpo- ration 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, can- celed, 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 fore- going 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 under- taking, 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 pro- ceedings 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 proceed- ings, 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 cred- itor. — 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. Ckos s-Refeken ces 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 exer- cise the power granted by this article in any case where its declara- tion 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 mat- ters. 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 draw- ing 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 fur- nishing 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 en- titled 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 circum- stances 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 fur- ther sum of 25 cents for each certification thereof: Provided, how- ever, 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 defend- ants 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 exceed- ing 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 for- warding transcript of record, 75 cents. For each certificate not otherwise provided for, 15 cents. For writing and certifying deposition, including the administra- tion 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 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 Govern- ment. Sec. 1025. Security by intervenor or counter- claimant. 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 provi- sions of this article, relating to security for costs, shall apply to an intervenor; and shall also apply to a defendant who seeks a judg- ment 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 pro- ceedings (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 pro- ceedings 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 author- ity 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. Cbos s-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 denomi- nated 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; sub- stance. — 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 alterna- tive 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 counter- vail 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 juris- diction 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. Ceos s-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 other- wise 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 obtain- ing 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 with- out 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 ap- action. 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. Cbos 8-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 speci- fied 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 judg- ment 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. — When- ever 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 forc- ible entry or detainer ; of defend- ant. 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 forci- ble 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 land- lord, 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 occupa- tion 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, includ- ing any covenant not to assign or sublet, than the one for the pay- ment 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 sub- tenant in actual occupation of the premises, also, upon such sub- tenant. Within three daj's after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mort- gagee of the term, or other person interested in its continuance, may perform the condition,s or covenants of the lease or pay the stipu- lated 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 restitu- tion of possession of such demised premises under the provisions of this article. 1144. Service of notice. — The notices required by the next preced- ing 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 de- fendant 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 prop- erty 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 preced- ing 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 com- plaint, 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 de- fendant 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; continu- ance. — 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 prem- ises ; 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 unlawf id detainer be after default in the payment of rent. Judgment against the de- fendant 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, execu- tion 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 unlaw- ful 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 proceed- ings 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 applica- tion 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 plain- tiff 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, proceed- ings. 1174. Illness sufficient cause for nonappear- ance of party arrested ; conflne- ment under arrests for contempt. Sec. 1161. What contempt of court may be pun- ished summarily. 1162. Order adjudging guilt under preced- ing 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 sum- marily. — 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-R efb:ren ces 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 constitut- ing 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 com- mitted, 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 war- I'ant. — Whenever a warrant of attachment is issued, pursuant to this chapter, the court, judge, or magistrate must direct, by an indorse- ment 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 sure- ties, 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 investi- gate 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 de- termine 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 prose- cuted, 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 war- rant 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 bring- ing 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 peti- tion 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 ex- pires, 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 appli- cation 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 pub- lication. — Upon the filing of the said petition the court shall there- upon 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 ap- plication. 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 non- resident, 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 ad- ministration, 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; pen- alty. — 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, de- visee, 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 com- mitted 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 peti- tioner, 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 mail- ing 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 wit- nesses. — 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. CbOS S-ReFEBETV CE 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 inter- ested 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 pro- cured, the court may admit the will to probate upon the testimony of any other witness as provided in section 1234 of this title. CROSS-ReFEIBBN CES 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 con- testant 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 avoid- ing 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 de- manded, 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 sub- scribing 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 satis- fied, 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 divi- sion 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 hear- ing, 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, requir- ing 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. Cros s-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 revoca- tion, 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 dis- ability 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 disa- bilities 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 pro- visions are clearly and distinctly proved by at least two credible wit- nesses : 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 adminis- trators 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 pro- bate, 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. Cros s-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, adminis- trator, 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, admin- istrator, 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 pro- bate, 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 under- standing 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 grant- ing 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 inter- ested 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 execu- tor — 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 execu- tors 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 adminis- trators, 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 substan- tially 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 divi- sion 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 administra- tion 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 administra- trix. 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 sev- eral 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 administra- tion, 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 ad- ministrator. — 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 under- standing 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 prop- erty. If the jurisdictional facts exist, and are proved at the hear- ing 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 ad- ministration 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 con- test 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 con- clusive 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 acknowl- edgments 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 de- cedent, 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 men- tioned 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 perish- able 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 de- posited 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 administra- tion. 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 sur- 93083—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 admin- istration 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 ap- pear 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 administra- tion 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 secu- rity 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 ap- plication 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 un- dertakings 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 under- taking, 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 appear- ance 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 peti- tion, 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 ap- plication. — If the court, or the judge thereof, is satisfied that the matter requires investigation, a citation must be issued to the execu- tor 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. Ckos s-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 administra- tor 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 ad- ministrator 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 execu- tor 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 mak- ing 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 applica- tions 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 ap- pointi^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 de- lay 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 admin- istrator 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. CrOS S -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 pur- poses may commence and maintain or defend suits and other legal proceedings as an administrator; he may sell such perishable prop- erty 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 remov- ing an executor or administrator, such special administrator shall have the same powers, duties, and obligations as a general adminis- trator, and the letters of administration issued to him shall recite that such special administrator is appointed with the powers of a general administrator. Ceos s-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 admin- istrator 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 adminis- trators 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 adminis- trator and executor, or to the special administrator and general administrator of an estate must not, together, exceed the sums pro- vided 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 adminis- trator 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 administra- tor and executor, or as special administrator and general adminis- trator, 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 por- tions 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 administra- tion on the ground of intestacy, or upon the admission to probate of a later will than the one before admitted to probate, the preexist- ing 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 execu- tor 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 prose- cute 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 execu- tors 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 adminis- trator 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 admin- istrator may, at any time, by writing, filed in the district court, resign his appointment, having first settled his accounts and deliv- ered 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 administra- tor, 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 adminis- trator 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 pro- bate, 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 prop- erty. 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 dece- dent 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, speci- fying 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 mem- ber, 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 pur- pose, 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 reason- 517 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 prop- erty 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 adminis- trator, 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 em- bezzlement, concealment, etc., of Sec. 1453. Refusal to obey citation, penalty for, and for embezzlement ; may be - , , -_ compelled to disclose by impiison- property, ment ; liable for double damages. 1454. Persons intrusted with estate of de- I cedent may be cited to account. 1451. Embezzling effects of a decedent. — If any person em- bezzles, 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, con- cealed, smuggled, or fraudulently disposed of, to be recovered for the benefit of the estate. CkOS 8-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, conceal- ment, etc., of property. — If any executor, administrator, or other person interested in the estate of a decedent, complains to the dis- trict 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 embezzle- ment may be compelled to disclose by imprisonment; liable for double damages. — If the person so cited refuses to appear and sub- mit 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 posses- sion 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 subse- sequent 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 men- tioned 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 hear- ing, 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 admin- istration under section 649 of title 3, it shall, by decree for that pur- pose, 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 credi- tors. 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 post- ing, 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-Refeben cb Affidavit of publication of notice, see sections 2072 and 2073 of this title. 1475. Claims not filed are barred. — All claims arising upon con- tracts, 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 distribu- tion 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. Cros 8-Refeben ces 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, accom- panied 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 rejec- tion, 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 admin- istrator, 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. Ceos s-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 prop- erty, 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 admin- istrator to the holder of such claim or to the person filing or pre- senting 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 touch- ing 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 prop- erty 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 limi- tations 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 pend- ing 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 administra- tor 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 execu- 526 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 orig- inal 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 -Refekbn CE 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 mak- ing 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 fore- closure, 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 execu- tor 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 pro- ceeding 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 admin- istrator 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 appli- cable 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 adminis- trator 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 claim- ant. 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 prop- erty to be sold. 1504. Sale of personal property by execu- tor 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 prop- erty 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 prop- erty is necessary for their payment, or for the expenses of adminis- tration, 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 part- nership 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 pay- ment 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 mort- gage. — 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 incom- petent 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 promis- sory 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 pre- scribe 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 promis- sory 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 judg- ment 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 sub- sisting on the property, or some part thereof, at the time of the death of the decedent, and the indebtedness secured by such lien or mort- gage 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. CROS S-ReFEKEN CE 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 pro- ceeding 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 admin- istration 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 near- est 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, bene- fit, 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, em- jDowering, 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, specify- ing 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 pend- ing settlement. Sec. 1521. Executor to take possession of the entire estate. 1522. Actions may be maintained by and against executors and administra- tors. 1523. May maintain actions for waste, con- version, 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. CeOS S-REFEREN CES 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 main- tained 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 com- mitted 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 testa- tor. — When there is a deficiency of a.ssets in the liaiids of an execu- tor 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 adminis- 53G 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 cred- itors, 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 pro- ceeds, 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 empow- ered 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 desig- nation of his fiduciary capacity. The court may direct the executor or administrator to deposit any or all of such funds in an interest- bearing 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 per- siinal property. 1542. Petition for executor or administra- tor 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 peti- tioner, 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 other- wise, 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 writ- ing, 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 con- 538 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 ; com- missiuns 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 there- unto 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 execu- tor 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 pro- vided 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, with- out 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 appraise- ment, 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 admin- istrator 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 admin- istration 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 dur- ing 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 adminis- trator 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 ad- ministrators 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 execu- tor 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 serv- ices rendered by himself. 541 T. 4, § 1568] THE CODE OF CIVIL PROCEDURE 1568. Allowed fees for attorneys; extraordinary services.— At- torneys 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 con- clusive, 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 au- thority 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 vouch- ers. 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 applica- tion of any person interested in the estate, the executor or admin- istrator 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-R EI-EREN CES 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 expira- tion 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 attach- ment 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 admin- istrator. 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 con- ceals himself, so that the citation cannot be personally served, and neglects to render an account within thirty days after the time pre- scribed 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-RBFEBEN CEB 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 exam- ined on oath touching such payments, and also touching any prop- erty 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 uncontra- dicted 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 receiv- ing 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 exec- utor, 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 de- ceased 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 credi- tors. 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 adminis- trator. 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 execu- tor 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 prop- erty 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. CROS S-R EFEBEIX C 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 con- tribute to the payment of his claim ; but if the exectuor or adminis- trator 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 un- paid, 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 adminis- trator 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 neg- lects 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 SETTLE- MENT 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 par- ties ; 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 admin- istration, 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 applica- tion 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 applica- tion. — 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 ap- pears 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, when- ever 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 appor- tioned equally among them. Cros s-Re:feren ces 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 appli- cation 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, coexecu- 550 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, adminis- trator 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. Cro s 8-Referen ces 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 heir- ship; 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, owner- ship, 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 determina- tion 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 con- stituting 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 deposi- tion, 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 prose- cute, 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 determina- tion 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 adminis- tration, 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 settle- 93083—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 non- resident 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 neces- sary, in order that the estate, or any part thereof, may be distrib- uted 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; con- test; 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 adminis- trator, 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 de- visees 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 adminis- tration 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 sub- serve 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 par- ties, 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 peti- tion. — 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 ap- pointed 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 propor- tion 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 incon- venience 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 commis- sioners shall award to make the partition equal, and the commis- sioners 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 adminis- 557 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 parti- tion; 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. Cros s-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 commis- sioners, 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 neces- sary. — 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 de- creed, or some of them, request that such partition be made. 1641. Advancements made to heirs. — All questions as to ad- vancements 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 UN- KNOWN, 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 DIS- Soc. 1661. 1662. 1663. 1664. Court may appoint agent to take possession for absentees. Agent to give bond, and liis com- pensation. 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 resid- ing 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 prop- erty 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 distribu- tion. — Where any trust has been created by or under any will to continue after distribution, the district court shall not lose juris- diction 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 termi- nation 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 execu- tors 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 guard- ian 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 desig- nated 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 proceed- ings, 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 Cbos 8-Refeben ce 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 en- title 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 dis- posed 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, adminis- trator, 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 other- wise 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 guaid- ian 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 pub- lic 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 admin- ister 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 Gov- ernor 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 administra- tor. — 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 administra- tor 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 addi- tional 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 admin- istrator 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 admin- istrator 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 Pan- ama 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 administra- tion 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 Pan- ama 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 de- ceased intestate alien, whose estate is being administered by the pub- lic 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 coun- try 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 administra- tion 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-Refeekn ce 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 exec- utor, 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 administra- tor. — 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 ad- ministrator 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 incompe- tent 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 four- teen. 1724. Nomination by minors after arriving at fourteen. 1725. Who may be guardian ; marriage of guardian does not affect guardian- ship. 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 lim- ited. 1732. Power of court to appoint guardians ad litem, not impaired. 1733. When power of guardian is super- seded. 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 rela- tives 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 proceed- ings, 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 be- lieve that such minor will be carried out of the jurisdiction of the court before which the application is made, or will suffer some irrep- arable 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 suf- ficient 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 there- from, 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 guard- ian. — When any person is appointed guardian of a minor, the court may, with the consent of .such person, insert in the order of appoint- ment, 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 guard- ianship 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 testamen- tary 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 pow- ers 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 im- paired. — 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 guardian- ship 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 guard- ian, 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 hos- pital ; discharge. 1761. No repeal of provisions respecting inquiry into insanity of defend- ants. 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 per- son, 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 super- intendent 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 guard- ianship 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 ap- pointed, 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 prop- erty, 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 em- ployees, 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 admin- istrator 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 obser- vation for insanity or declared to be insane shall be kept in jail, prison, or other similar institution, but shall be kept in suitable quar- ters 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 pend- ing 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 forty- eight 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 attend- ing 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 phy- sician 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 observa- tion. — 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 ob- servation 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 con- test 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 condi- tion as would, in the opinion of the superintendent, warrant his tem- porary release for the purpose of determining whether such improve- ment 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 inter- ested 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: Pro- vided, 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 imprison- ment, 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 guard- ians. 1780. Expenses and compensation of guard- ians. 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 mort- gaging 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, how- enforced. — When a guardian has advanced, for the necessary mainte- nance, support, or education of his ward, an amount not dispro- portionate 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, sup- 580 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 jurisdic- tion 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. Cros s-Re!fere nob 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 pro- vided 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 guardian- 581 [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 expira- tion 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 guard- ian must be allowed the amount of his reasonable expenses incurred in the execution of his trust, and he must also have such compen- sation 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. CrOS S-REa?EEEN CB 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 prop- erty. 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 appoint- ment, 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 preceding- section. — 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 provi- sions 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 non- resident 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 en- tered. 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 pros- pective 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 ap- pointing 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 dis- trict 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 de- 587 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 " guard- ian " being substituted for the words " administrator " or " execu- tor ", 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; ap- pointment 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 pub- lish, 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 pos- session 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 pos- session of the real and personal estate in the Canal Zone of such missing person, and collect and receive the rents, income, and pro- ceeds 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 estab- lished 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. Ckos s -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 instru- ment 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 evi- dence 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 ad- ditional 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 linowl- etlge. 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 gen- eral 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 allega- tion. 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 wit- ness 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. Cros s-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 pre- sumed 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 declara- tion, 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 ques- tion 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 decla- ration, 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 admis- sible. — 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 evi- dence 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 docu- ments, 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. CeoS S-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; ab- stract 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 there- fore 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 circum- stances 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 con- struction 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 par- ticular 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 con- struction 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 \y47 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 pro- 604 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.— A 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 condi- tion 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, pur- suant 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 jurisdic- tion 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 depart- ment of the United States, certified by the heads of those depart- ments, 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 cer- tificate 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 Govern- ment, 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 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 exami- nation or connected therewith, and in so doing may put leading questions, but if he examine him as to other matters, such examina- tion 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 pro- vided 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 with- held, 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, C RO S S - R KFEEE N CES 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 con- trol 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 subordina- tion to the rules of evidence ; 2. That they are not bound to decide in conformity with the decla- rations 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, commis- sioner, 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 MISCELLANE- OUS 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 speci- fied. 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 author- ized 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 prop- erty, 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 pro- ceedings 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 ap- pointed 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 exam- ination 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 magis- trate, 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 affirma- tion, 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 ad- dressed 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 addi- tion 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 ad- dressed, 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 writ- ings, 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. Cbos s-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 keepingof arms; 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 con- viction. 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 Crimi- nal 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 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 ap- plicable 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, for- feiture, 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. — Wlien- ever in this title the character or grade of an offense or its punish- ment 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 general- to 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 forbid- ding- 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 im- prisonment 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.) Ckos s -Referen ce 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 dif- ferent 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 omis- sion which is made punishable in different ways by different pro- visions 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 com- petent 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 punish- able as a contempt of court. CrOSS-ReFEEEN CBS 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. CrOS S-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 inter- cepted 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 im- posed 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 com- pleted. — 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, accom- plishes the commission of another, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime com- mitted. 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 pun- ishment. 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 com- mit 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 aid- ing 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 follow- ing 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 follow- ing 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 commit- ting the act charged against them they knew its wrongfulness. c. Idiots. d. Lunatics and insane persons; but a morbid propensitj^ to com- mit 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, how- ever, 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 com- mitted 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. CROS S-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 pur- pose, motive, or intent is a necessary element to constitute any par- ticular 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 com- mitted the act. (Feb. 21, 1933, ch. 109, sec. 12 [37], 47 Stat. 860.) Cros s-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 con- victed 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 imprison- ment 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 im- prisonment 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 punish- able by imprisonment in the penitentiary, then such person is punish- able 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 con- victed 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 punish- able 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 crimi- nals. — 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 crimi- nal 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 pro- visions 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 adminis- tration 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 execu- tive 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 ad- ministered 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, except- ing 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 reten- tion, 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, asso- ciation, 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, joint- stock 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 em- ployment, 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 un- lawfully 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 peniten- tiary for not more than five years. CbOS S-ReFEREN CB 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 Cros s-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 judi- cial 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 con- troversy, 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 proceed- ings 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 other- wise 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 imprison- ment 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 peniten- tiary 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 per- son, — 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 gen- eral; 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 com- plete. 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 ad- ministered, 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 per- jury. — 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 par- ticular 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 subse- quent 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 mat- ters 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 provi- sions 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 pub- lished as true, 148. Punishment of perjury. — Perjury is punishable by imprison- ment 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 pro- cures 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 instru- ment. — 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, repre- sentation, token or writing, to any witness or person about to be called as a witness upon any trial, proceeding, inquiry or investi- gation 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, will- fully 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 prom- ises 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 with- hold 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 war- rant 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 there- for, 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 magis- trate. — 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 im- prisonment; 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 pris- 650 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 adjudica- tion 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 con- ceal the crime or to abstain from any prosecution thereof, or to with- hold 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 mis- demeanor. 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 pun- ishable 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 hos- pital. — 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 imprison- ment 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 adminis- tration 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 judg- ment 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 prop- erty 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 persons- Sec. 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-Rbifeeen ces 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 perpetra- tion 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 circum- stances, 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 accord- ingly. (Aug. 21, 1916, ch. 371, sec. 10, 39 Stat. 529 [U.S. Code, title 48, sec. 1322].) 256. Manslaughter defined; voluntary and involuntary man- slaughter. — 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 amount- ing 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 justifi- able 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-Reiferen ces 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 homi- cide was committed; or d. When necessarily committed in attempting by lawful ways and means to apprehend any person for any felonj' committed or in law- fully 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 commis- sion 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 mali- ciously 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. 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 regu- lations. Sec. 392. Punishment of violations of regula- tions. 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 pro- vision 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 prostitu- tion. 407. Seduction under promise of marriage. 408. Intermarriage bars prosetiution. 401. Rape defined. — Rape is an act of sexual intercourse accom- plished 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 execu- tion, or by any intoxicating, narcotic or aniiesthctic substance, admin- istered 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 four- teen. — 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 hus- band 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 an- nulled. — The next preceding section does not extend : a. To any person by reason of any former marriage whose hus- band 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 compe- tent 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 inter- marry 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 man- kind 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, appeal- ing 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 miscar- riage. 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 impris- onment 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 advertise- ment of any medicine or means for producing or facilitating a mis- carriage 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 charge- able 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 beg- ging or peddling in any public street or highway, or in any mendi- cant 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 unneces- sarily deprive of liberty any child under the age of eighteen ; or b. Having custody or possession of a child under the age of four- teen, 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 pro- visions of the next preceding section and of any other law, regula- 676 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, publica- tions or books; or designs, copies, draws, engraves, paints or other- wise 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. Cros s-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. — Who- ever, through invitation or device, prevails upon any person to visit any room, building or other place kept for the purpose of prostitu- tion, is punishable by a fine of not more than $500, or by imprison- ment 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, rouge- et-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 con- trol, 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 punish- able 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 gam- bling 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, ap- pliance 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 mer- chandise, 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. de- Sec. 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, pro- motion 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 dis- tribution. — 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. 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 de- fraud 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 per- sonal 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 mort- gaged 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 him- self 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 fraud- ulent sale of property or pretended property, by auction, or by any of the practices known as mock auctions, is punishable by imprison- ment 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 prin- cipal 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 ob- tains any food or acconnnodation at an inn or boarding house with- out paying therefor, with intent to defraud the proprietor or man- ager 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 accom- modation, 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 part- nership who commits any fraud upon the other members in the affairs of the partnership, is punishable by imprisonment in the peni- tentiarv 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 pro- prietor 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 patron- age, 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 meas- ure 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 frac- tional 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 mes- sage. 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 counter- feited 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, writ- ing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, prom- issory 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 corpora- tion 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 mat- ters, 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-Retbren ces Forging or counterfeiting passport, see U.S. Code, title 22, section 222 (ap- pendix, 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 impres- sion 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 impris- onment 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 prop- erty, with the intention to pass the same or to permit, cause or pro- cure 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 incor- porated bank or banking company, with intention to fill up and com- plete 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 presenta- tion, 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 arrange- ment 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 bul- lion. — 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 punish- able 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.) Ceob s-Referen cb See also U. S. Code, title 18, section 277 (appendix, p. 910). 732. Forging or counterfeiting government securities or obliga- tions. — 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 circu- late 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, forg- ing 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 impris- onment 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 de- fraud, utters, passes or puts off, in payment or negotiation, within the Canal Zone, any such false, forged, or counterfeit bond, cer- tificate, 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 im- prisonment 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 counter- feited, 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 Govern- ment 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 counter- feit 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 de- signed for the printing of the genuine issue of the obligations afore- said ; 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, obliga- tions 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 en- title 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 can- celation, 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 club- house, commissary or restaurant check, ticket, coupon, or other evi- dence 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, cer- tificate, 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 capi- tal. 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 pro- posed, 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 corpora- tion, 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 advertise- ment. — Every person who, without being authorized so to do, sub- scribes 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 asso- ciation, 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 pay- ment 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 prop- erty 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 imprison- ment 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 associa- tion who knowingly concurs in making, publishing or posting any written report, exhibit or statement of its affairs or pecuniary condi- tion, 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 de- manding, 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 com- pany, or other incorporated company, who knov\'ingly assents to, or has any agency in, contracting any debt by or on behalf of such com- pany, 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 omis- sion 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 associa- tion 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 827 Embezzlement, 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 de- grees, 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 de- livered, 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 prop- erty. — Every person who, after mortgaging any real property, and during the existence of the mortgage, or after the mortgaged prop- erty 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 con- sent 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 mis- demeanor. 783. Stealing water. — Every person who, with intent to defraud or injure: a. Opens or causes to be opened or draws water from any stop- cock 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 prop- erty, knowmg the same to have been stolen, is punishable by impris- onment 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, un- less 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. — ^Vho- ever 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 other- wise, to any soldier, sailor, officer, cadet or midshipman in the mili- tary 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 ani- mals. — 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 gener- ally. 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 endanger- ing 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 {)rop- erty of such person, is punishable by imprisonment in the peniten- tiary 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 mali- ciously 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 explo- sive 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 imprison- ment 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 ad- dressed 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 adminis- ters 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 imprison- ment 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 de- stroy 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 enforce- ment. — 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 protec- tion 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 endan- ger 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 au- thority. 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 des- troys any public bridge, viaduct or culvert, is punishable by imprisonment in the penitentiary for not more than five years. Ceos s-Reifeben cb Receiving compensation for use of bridge without authority, see section 531 of this title. 823. Burning of bridge. — Every person who willfully or malici- ously 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 malici- ously 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, cul- vert, 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 plat- form. — Any person other than a member of a train crew, or a con- struction or transportation official or employee engaged in the per- formance of his duties, who shall jump on or off a railroad locomo- tive, 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 Com- pany 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 appur- tenances 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 monu- ment; 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 monu- ment, 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 per- son, not the owner thereof, who willfullj^ injures, disfigures or destroys any monument, work of art, or useful or ornamental im- provement 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, stop- cock, 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 imprison- ment 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, agri- cultural, 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 unlaw- fully 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 notifica- tions. — 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 reserva- tion. — The posting required by sections 844 to 846 of this title, shall consist of printed or painted signs, conspicuously placed, by the au- thority of the Governor of the Panama Canal, at or near the reserva- tion 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 con- tents of message. 854. Bribing agent to disclose message. Sec. 855. Disclosing contents of telegraphic or cable message. S56. Altering telegraphic or cable mes- sage. 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 counsel- ing, aiding, abetting or encouraging treason or other resistance to lawful authorit}'-, or any message calculated to further any fraudu- lent 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 con- trivance, 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 peni- tentiary 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, pro- cures, 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 •ec. Sec. 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 ; regula- tion. 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 Gover- nor 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 pLanta- tions ; 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 appli- cant. 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 appli- cation, 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 Gov- ernor, 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 hunt- ing 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 viola- tion of the provisions of this chapter or any rule or regulation estab- lished 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 im- posed 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 of arrest 71 G. Arrest 81 7. Powers and duties of magistrates in gen- eral -... - 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 informa- tion 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 dif- ferent 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 prose- cution 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 con- viction to an}' more restraint than is necessary for his detention to answer the charge. Ceos s-Reifekbn as 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 defend- ant 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 con- victed 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 recog- 731 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 prop- erty 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 wit- nesses. 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 aeace 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 there v\^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 defend- ant 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 au- thorized. 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 war- rant 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 magis- trate 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 sub- division. — 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 magis- trate. — When an arrest is made without a warrant by a peace officer or private person, the person arrested must be taken without un- necessary 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 pur- suing 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 magis- trates 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 imprison- ment, 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 pro- ceeding 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 magis- trate 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 sub- penas 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 defend- ant 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 Al- mighty 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 him- self 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-Referen ces 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 imprison- ment 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 judg- ment 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 forth- with 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 com- mitted, or no probable cause showing the defendant's connection there- with, 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 magis- trate 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 defend- ant 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 nec- essary. — 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 under- taking. — 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 sure- ties. — 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 tran- script 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. See. Art. Sec. 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. Cros s-Refei: en ce 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 juris- diction 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 examina- tion 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 hear- ing, 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 com- mitted, 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 com- mitting 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 con- stituting 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 follow- ing form : In the United States District Court for the District of the Canal Zone, Division of The Government of the Canal Zone against : Infor- mation. , 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 jurisdic- tion 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 repeti- 747 T. 6, § 188] THE CODE OF CRIMINAL PROCEDURE tion, and in such a manner as to enable a person of common under- standing 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-Referbn CE Setting aside the information, see sections 241 to 245 of this title. 188. Construction of words used. — The words used in an informa- tion are to be construed in their usual acceptance in common lan- guage, 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 pro- ceding 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 plead- ing 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 con- viction 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 pro- ceeding 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 estab- lished on the trial. 197. Conviction or acquittal of one or more of several defend- ants. — 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 suborna- tion 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 informa- tion 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 informa- tion for forgery has been destroyed or withheld by the act or pro- curement of the defendant, and the fact of such destruction or with- holding 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, denomina- tion 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 abet- ting its commission, shall be prosecuted, tried and punished as prin- cipals, 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 INFORMA- TION FILED AND BEFORE COMMENCEMENT OF TRIAL Art. Sec. 1. Arraignment of the defendant 221 2. Setting aside the information 241 3. Demurrer ; amendment of informa- tion 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 Informa- tion. 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 mo- tion, 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 tndant. 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 forth- with 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 under- takings 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 sub- division 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 dis- trict attorney, by an order or warrant, require the personal attend- ance of the defendant at the trial. Csos s-Refeeen ces 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 pend- ing 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 Orgs s-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 excep- tion 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 chal- lenges, 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 pre- scribed 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 exemp- tion from service on a jury is not a cause of challenge, but the privi- lege 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 para- graph 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 pre- scribed 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 exam- ined 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 incon- sistent 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 con- spiracy. 379. Proof of false pretenses. 380. Proof of forgery of bank bill or note. 381. Proof upon trial for larceny or em- bezzlement 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 accom- plice. 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 requir- ing 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 con- tradictor}^ 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 provi- sions 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 seduc- tion. — Upon a trial for procuring or attempting to procure an 705 T. G, § 377 J 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 aid- ing or assisting therein, the defendant cannot be convicted upon the testimony of the woman upon or with whom the offense was com- mitted, 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, cer- tificate 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-Referen ce 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. Ceos s-Referen ce 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 pre- tense, 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, denomi- nation 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 valu- able 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 pur- ports 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 pro- curing 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 con- victed of murder or manslaughter unless the death of the person alleged to have been killed, and the fact of the killing by the defend- ant 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. Cros s-Refere n ce 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 exami- 767 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 defend- ants 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 com- municate 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 informa- tion 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 judg- ment 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 defend- ant, $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 ver- dict. 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 con- viction 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 judg- ment 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, judg- ment 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. . 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 Govern- ment 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 im- migration 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, mainte- nance, operation, sanitation and protection of the Canal and aux- iliary 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 sub- ject 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 priv- ileges 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 thou- sand 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 bene- fits 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 opera- tion 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 dis- lio-reement of the Commission (by reason of thear being equally di- vided in conclusion) an umpire shall be appointed by the two (gov- ernments who shall render the decision. In the event of the death, absence, or incapacity of a Commissioner or UnU^ire, or of his omit- ting, 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 ves- sels 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 Pan- ama, 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 annul- ment, 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 priv- ileges 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 con- tract 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, con- firms 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 Pan- ama under any contracts or concessions, with said Wvse, the Uni- versal 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 consumma- tion 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 con- vention, 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 Gov- ernment, 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 Con- tracting 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 ; wharf- age and other i)rivileges. Panama to maintain " Sabanas Road." Railway rights across territory trans- ferred. 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 de- livered 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 No- vember 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 Jen- nings 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 monu- mented 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 hun- dredths (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 me- ters (151.33) to a point; thence north thirty-seven degrees and forty- five minutes east (N. 37° 45' E.) fourteen and thirty-three one-hun- dredths 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 fifty- nine minutes east (N. 76° 59' E.) forty-two and forty-five one- hundredths (42.45) meters to a point; thence south sevent^'-two de- grees and eleven minutes east (S. 72° 11' E.) one hundred and fifty- nine and twenty-seven one-hundredths (159.27) meters to a point near Calidonia Bridge; thence north three degrees and eight min- utes 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 min- utes and thirty seconds west (N. 46° 39' 30" W.) two hundred and twenty and four one-hundredths (220.04) meters to a Panama Rail- road 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 Curun- du; thence following the course of Rio Curundu upstream to a point (marked " E " on the map) where the said Rio Curundu is inter- sected 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 mter- section 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 twenty- six 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 Dis- pensary 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, fifty- six minutes (N. 8° 56') plus one thousand and fifty-eight and eighty- eight hundredths (1.058.88) meters and longitude west seventy-nine degrees, thirty-two minutes (W. 79° 32') plus three hundred forty- two 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 (some- times 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 sixty- two 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 swim- ming 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 Washing- 852 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 imag- inary 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, sub- ject to the police laws and quarantine and sanitary rules and regu- lations 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 pro- jection under any of the provisions of the Canal Treaty of Novem- ber 18, 1903.^^ X. The contracting parties hereby agree that this Convention shall not diminish, exhaust, or alter any rights acquired by them here- tofore 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 rep- resentatives of the respective governments for identification. This Convention, when signed by the plenipotentiaries of the high con- tracting 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 Plenipoten- 855 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 Pleni- potentiary of the Republic of Panama, in view of the close associa- tion 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 Gov- ernments as neutrals may be maintained, after having conferred on the subject and being duly empowered by their respective Govern- ments, 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 Com- mission. II. Organization and meetings of Com- mission. III. Proceedings of Commission. IV. Record of proceedings ; Secretaries and assistants. V. Exhaustion of legal remedies not con- dition precedent. VI. Time of filing and adjudicating claims ; reports. VII. Finality of proceedings of Commis- sion. VIII. Payment of balance between total awards. IX. Expenses of Commission. X. Ratification. The United States of America and the Republic of Panama, desir- ing 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 plenipo- tentiaries : The President of the United States of America, The Honorable Frank B. Kellogg, Secretary of State of the United States of Amer- ica; and The President of the Republic of Panama, The Honorable Doctor Ricardo J. Alfaro, Envoy Extraordinary and Minister Plenipoten- 856 TREATIES: PANAMA— 1926 tiary of Panama to the United States and the Honoiuble Doctor Eusebio A. Morales, Envoy Extraordinary and Minister Plenipo- tentiary 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, asso- ciations, 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 indi- viduals, for losses or damages suffered by persons or by their prop- erties; 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 partner- ship, 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 Govern- ment, 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 inter- national 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 ques- tions: 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 Novem- ber 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 sub- mitted 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 pre- side 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 desig- nated 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 Interna- tional 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 organi- zation 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 meet- ings, 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 ma- jority 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 Com- mission 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 there- of. 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 equi- table 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 inter- national 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 Commis- sioners and every three months thereafter, the Commission shall sub- mit 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, Ratifica- tions 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 desir- ing 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 nomi- nated 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. Ratifica- tions 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 provi- sions of Article V of the Convention between the United States of America and the Republic of Panama for the Prevention of Smug- gling 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 pur- pose 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 ve- hicles or persons by reason of the carriage of such liquors when they are in transit under seal and under certificate by Panamanian au- thority from the terminal ports of the Canal to the cities of Pan- ama 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 modifica- tion 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 inter- ests 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 accord- ingly 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, Fran- cisco 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 pro- duction 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 Govern- ment 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 prod- ucts 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 estab- lishment 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 prin- ciples 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, pro- viding 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 com- pared 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 be- tween 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 Co- lombia 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 modi- fied 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 em- ployees 691a 15. Compensation for injuries to em- ployees 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 hus- band 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 com- ing 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 pay- ment 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 Colum- bia. (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 gov- ernment 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 commis- sioned 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 spe- cially 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 connec- tion 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 contribu- tion to, or in any way supplement the salary of, any Govermnent official or employee for the services performed by him for the Gov- ernment 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 depart- ment; 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 disburse- ment 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 gen- eral 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 pas- senger-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 Con- gress 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 ap- propriations as are intended to be used for purchase, maintenance, repair, or operation of all motor-propelled or horse-drawn passen- ger-carrying vehicles, specifying the sums required, the public pur- poses for which said vehicles are intended, and the officials or em- ployees 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 with- held 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 Dis- trict 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 sub- jects 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 comput- ing 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 Feb- ruary 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 for- feited. (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 dona- tion as a gift or present to any official superior. Every person who violates this section shall be summarily discharged from the Gov- ernment 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 execu- tive 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 execu- tive 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 de- partments 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 depart- mental 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 miscon- duct. — 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 com- mission may, from time to time, require a partially disabled em- ployee to make an affidavit as to the wages which he is then receiv- ing. 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 com- pensation 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 em- 876 (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 physi- cally 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 capac- ity. 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 wage- earning 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; pen- sions. — 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 de- partment, use such leave until it is exhausted, in which case his com- pensation 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 ex- penses. — 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 serv- ices, 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 em- ployee 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 reason- able. All such expenses when authorized or approved by the commis- sion 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 com- pensation 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 compensa- tion 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 pay- able 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 addi- tional 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 depend- ent, 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 de- pendents 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 percent- 878 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 grand- child, 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 stepchil- dren, adopted children, and posthumous children, but does not include married children. The terms " brother " and " sister " include step- brothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or mar- ried 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 inca- pable of self-support. The term " parent " includes stepparents and parents by adoption. The term '' widow " includes only the dece- dent'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 com- pensation, above provided, would result in injustice, the commission may, in its discretion, modify the apportionment to meet the require- ments 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 mar- riage, accepts any payments of compensation after his marriage he shall be punished by a fine of not more than $2,000 or by imprison- ment for not more than one year, or by both such fine and imprison- ment. (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 com- mission. 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 her- meticall}' 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 quar- ters 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 em- ployee'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 compensa- tion 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 deter- mined 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' compensa- tion. 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 perform- ance 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 ad- dress 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 accom- panied 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 pro- visions of this section. (Sept. 7, 1916, ch. 458, sec. 19, 39 Stat. 746.) 770. Time for making claims. — All original claims for compensa- tion 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 com- mission 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, includ- ing 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 commis- sion 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 disa- bility, 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 commis- sion 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 dam- ages 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 com- mission, 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 commis- sion 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 sur- plus, 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 com- posed 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 organ- ization 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 inde- pendent 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 execu- tive departments, commissions, and independent bureaus shall trans- 883 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, com- missions, 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 serv- ice. — 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 appropria- tions 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 ap- propriated, 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 Treas- 884 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 compen- sation. — 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 pro- vided 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 com- mission 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 com- mission 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 compensa- tion, 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 im- prisonment 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 pay- able 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 compensa- tion 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 com- pensation is payable under this chapter is caused under circum- stances 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 ; regu- lations 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 em- ployees of the Alaskan Engineering Commission are concerned to the chairman of that commission, in Avhich cases the words " com- mission " 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 pay- able to employees under section 771, shall be paid out of appropria- tions for the Panama Canal or for the Alaskan Engineering Com- mission 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 Pan- ama 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 com- pensation 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' com- pensation 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, respec- tively, 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 execu- tive 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 ex- 887 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; standardiza- tion. — 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 practi- cable 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 depart- ments 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 ad- vanced 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 Co- lumbia, 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 subse- quent 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 Vir- gin 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 seek- ing 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 juris- diction 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 juris- diction 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 innni- grant " 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 immi- gration 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 con- dition 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 em- ployees 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, trans- ft'rs of credit between or payments by banlcing iii.^titutions, and export, hoard- ing, 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 au- thorizing 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 supple- ment 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 Colum- bia 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 sectint 5 2. Offenses Against Neutrality 21 4. Offenses Against Opoiatibns of Government 71 7. Offenses Against Cm-rency, Coin- ape. 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, Mari- time. And Territoiial Jurisdic- tion 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 coun- try, 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 govern- ment 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 LAW IS 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 en- listed 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 sub- jects 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 ves- sel. — 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 fur- nishing, 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 hav- ing 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 Presi- dent, 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 de- livered 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' mani- fests 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 govern- ment, 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, do- mestic 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 de- parture 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 con- spiracies 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 inter- fere 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 know- ingly 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 wrong- fully affixing seal of executive departments to certificate or instru- ment or wrongfully using such certificate or instrument. — Who- ever 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, counter- feiting, 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 cer- tificate, instrument, commission, document, or paper, of any descrip- tion, or whoever with wrongful or fraudulent intent shall have pos- session 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 im- 906 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 jurisdic- tion 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 representa- tives 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 direc- tion 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 Treas- ury 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, photo- graph, 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 Secre- tary 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 de- fraud, 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 counter- feited, 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 for- eign 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 juris- diction 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 counter- feit 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, exe- cute, 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 impris- oned 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 resem- blance 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, cur- rent 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 pos- session 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, fraud- ulently, by any art, way, or means, shall deface, mutilate, impair, diminish, falsify, scale, or lighten, or cause or procure to be fraudu- lently defaced, uuitilated, impaired, diminished, falsified, scaled, or lightened, or willingly aid or assist in fraudulently defacing, mutilat- ing, 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 juris- diction 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'what- soever, 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 au- thority 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 war- rant 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 manufac- ture 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 coun- terfeit 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 coun- terfeit 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 author- ity ; 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 gov- ernment," 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, with- out 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. — ^Who- ever, being the owner, driver, conductor, master or other person hav- ing charge of any stagecoach, railway car, steamboat, or other ve- hicle 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. — Who- ever, being the owner, driver, conductor, master, or other person hav- ing 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 com- pensation, 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 other- wise, 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 De- partment 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 de- signed 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 furnish- ing 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 build- ing 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 im- prisoned 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 con- 915 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 pack- age 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 des- troy 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 em- bezzling mail matter. — Whoever, being a postmaster or other person employed in any department of the Postal Service, shall unhnvf uUy 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 depart- ment 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 con- tained 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 attempt- ing 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 mali- ciously 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 ar- rival, 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 will- fully 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 im- 917 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 author- ity 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 representa- tive 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 regula- tions 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 em- ployed, 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 em- ployed 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 pro- vided 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 post- age 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 post- master or other person engaged in the Postal Service, shall collect and fail to account for the postage due upon any article of mail mat- ter which he may deliver, without having previously affixed and can- celed 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 post- master 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 pro- ducing 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 representa- tion 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 de- posited, 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 en- velopes. — 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 im- pressed 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 pur- chase 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 de- livered 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 subse- quent 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 post- master or other person employed in the Postal Service, shall act as agent for any lottery office, or under color of purchase or other- wise, vend lottery tickets, or shall knowingly send by mail or de- liver any letter, paclaige, postal card, circular, or pamphlet adver- tising any lotter}^, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any ticket, cer- tificate, 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. — Who- ever, 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 ob- tain 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," " spu- rious 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 deposi- tory for mail matter, to be sent or delivered by the post office estab- lishment of the United States, or shall take or receive any such there- from, 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.) Ceos s-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 im- 923 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 de- posited 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 ad- dressee in the United States, and as a result thereof such communica- tion 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 pur- pose 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, pack- age, 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 inflam- mable 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 other- wise 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 regu- lations 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: Pro- vided, 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 non- mailable 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, accord- ing 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 de- clared 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 non- mailable, whether transmitted in accordance with the rules and regu- lations 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 car- rier, 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 Co- lumbia 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 unlaw- ful 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 ad- dressed. The Postmaster General is hereby authorized and directed to make public from time to time in suitable bulletins or public no- tices the names of States in which it is unlawful to advertise or so- licit 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 nonmail- able.— Every letter, writings, circular, postal card, picture, print, en- o;raving, photograph, newspaper, pamphlet, book, or other publica- tion, 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 mat- ter 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 juris- diction of the United States. (June 15, 1917, ch. 30, title XIII, sec. 1, 40 Stat. 231.) 347. Counterfeiting money orders. — Wlioever, with intent to de- fraud, 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 Depart- ment, 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 know- ingly 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 there- for, 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 engrav- ing; 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 im- prisoned 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 pay- ment 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 sure- ties, or shall knowingly, or without the exercise of due diligence, approve any bond of a bidder with insufficient sureties, or shall know- ingly 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. — Who- ever shall knovN^ngly submit or cause to be submitted to any post- master 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 pre- sented, 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 circum- stance 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; de- posits permitted. — Whoever, being a postmaster or other person em- ployed 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 Depart- ment, 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 prop- erty 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 con- tractor 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 vio- lation 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 exceed- ing $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 enter- prise, 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 enter- prise, 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 sub- ject 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 adver- tisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme, or shall know- ingly 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, Terri- tory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Terri- tory, 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 ship- ment. — Any railroad company, express company, or other common carrier, or any other person vdio, in connection with the transporta- tion of any spirituous, vinous, malted, fermented, or other intoxi- cating 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 noncon- tiguous 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 Colum- bia 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 pur- poses, 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 com- merce, 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 debauch- ery, or any other immoral practice, whether with or without her con- sent, 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 con- viction 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 know- ingly 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 viola- tion was committed, or from, through, or into which any such woman or girl may have been carried or transported as a passenger in inter- state 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 inf orm.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 procura- tion 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 prosti- tution, 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 suppres- sion of the white-slave traffic, shall file with tl^e Commissioner Gen- eral 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 Immigra- tion, 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 sub- ject 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, socie- ties, 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 will- fully bring into the United States or any place subject to the juris- diction thereof, any person inveigled or forcibly kidnaped in any other country, with intent to hold such person so inveigled or kid- naped in confinement or to any involuntary servitude; or whoever shall knowingly and willfully sell or cause to be sold, into any condi- tion of involuntary servitude, any other person for any term what- ever; or whoever shall knowingly and willfully hold to involun- tary 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 com- mitted 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 con- trol of United States; guano islands. — The crimes and offenses de- fined 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 com- mitted 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 interna- tional 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, maga- zine, 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 ap- pertaining 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 unlaw- ful 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. Who- ever, 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 impris- oned 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 com- mit 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 con- victed 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, miscon- duct, 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 corpora- tion, for the time being actually charged with the control and man- agement 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. — Who- ever 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 imprison- ment 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 com- mitted 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 im- prisoned 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, be- ing 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 mari- ner 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, com- bines, 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 mari- time 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 there- of, 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 jurisdic- tion 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 belong- ing 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 jurisdic- tion of the United States, willfully and corruptly casts away or other- wise 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 mari- time 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 hostili- ties 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. — Wlio- ever, 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 confed- erate 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 paral- lel 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 pro- visions of the section last preceding, committed on any of said islands or on the waters, rocks, or keys adjacent thereto, shall be deemed com- mitted 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 Amer- ican 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, con- tinental 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, sen- tence, 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 dis- tricts, 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 pro- vided 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 embez- zled, 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 appli- cation 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 commis- sioner 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 speci- jfied, 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 war- rant, 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 war- rant 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 war- rant, 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 prop- 949 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 war- rant or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the judge or com- missioner 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 pro- ceedings, 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 penal- ties 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 impris- oned 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 juris- diction 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 com- mitted 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 stipu- lations 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 indebted- ness, 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 de- positaries; 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 break- ing and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust com- panies, 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 pur- poses by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplo- matic 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 safe- keeping 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 ap- pointed 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 Phil- ippine 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 stipula- tion 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 appropria- tions 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 Sec- 955 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 Dis- trict 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, allow- ing 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 pro- vided, 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 reason- able 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 im- ports of articles, goods, wares, and merchandise from foreign coun- tries 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, corpora- tion, 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 sub- division, 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 there- from; 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 im- portation 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, for- feited, 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 Nar- cotics 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, un- less 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 nar- cotic 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 Commis- sioner of Narcotics, no other narcotic drug may be so admitted, trans- ferred, 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 impor- tation 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 regu- lations 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 coun- try has instituted and maintains, in conformity with that conven- tion, 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 ade- quate 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 regu- lations 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 exer- cising 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 pay- ment 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 penal- ties 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 prerequi- site 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 8 [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 will- fully 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, counter- feited, 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 excep- tions 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 pub- lished 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 promul- gated, or of any permit, rule, or regulation issued thereimder, shall, upon conviction, be fined not more than $10,000, or, if a natural per- son, 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 appur- tenances, 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 restric- tion 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 unincorpo- rated 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 for- eign 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 auth- orized 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 impris- oned not more than five years, or both. (June 15, 191T, ch. 30, Title VIII, sec. 1, 40 Stat. 226.) CROS S-ReFEEEN CES 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 con- sular 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 for- eign 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 for- eign 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; in- dictment. — 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 gov- ernment," 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 gen- erally; 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 viola- tion 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 war- rant 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 condem- nation 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 dis- trict 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 chap- ter applies for and obtains a warrant for the detention of the prop- erty, 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 pro- ceedings 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 conven- tions 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 pos- session 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 na- tion ; punishment. — It shall be unlawful for any person, with intent to deceive or mislead, within the United States or Territories, posses- sions, 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, decora- tion, 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 Sup- plement 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 prepara- tion 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 pack- age 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 com- plete 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 Com- 93083—34 62 flfiO T. 2f), § 1041 J 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 prepara- tion, 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 pur- pose, 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 deco- cainized 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 herein- after prescribed, but their ri^ht to this exemption shall be evidenced in such manner as the Commissioner, with the approval of the Secre- tary, 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 de- struction 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 origi- nal 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 provi- sions 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 ob- tained 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 ad- ministration, 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 physi- cian, 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 pro- vided 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, Terri- torial, 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 pro- vided in this section to any other person for any of the drugs men- tioned 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 Sec- retary, 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 im- posed 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 Commis- sioner, 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 provi- sions 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 dis- trict 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 De- partment 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 mu- nicipal ordinance regulating the sale, prescribing, dispeusing, deal- ing 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?} J awful 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 informa- tion, 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 impris- oned 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 pen- alties 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 em- ployee 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 sub- chapter 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 con- viction 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 depart- ment, 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 sub- chapter 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 opera- tion 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 pro- visions 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 amend- ment 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 sub- chapter 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 sub- chapter 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 sub- sections 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 propor- tionate 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, manu- facturers, 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 practi- tioners. — Physicians, dentists, veterinary surgeons, and other prac- titioners, 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, com- pound, 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 activ- ities 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) Gov eminent 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 provid- ing for the registration of all persons in the Canal Zone who pro- duce, 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 im- port, 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, muni- cipal, 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 sub- section (a), and also a violation of the provisions of sections 1383 and 1384 : Provided^ That this subsection shall not apply to any em- ployee 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 appli- 980 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 chap- ter 12 shall be construed to mean and include a partnership, associa- tion, 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; prohibi- tion. — 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 juris- diction 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 dis- trict 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 ap- peals is allowed an appeal may also be taken to said court from an interlocutory decree in admiralty determininect 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}' author- ized 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 merchan- dise 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 viola- tion 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 equip- ment, 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 60 51 52 63 55 60 61 62 63 64 65 66 67 10 11 13 14 18 19 25 26 27 29 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 91 92 93 94 95 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 106 94 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 90 136 137 91 141 142 143 146 147 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 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 Cali- fornia 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. 128 fornia 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. 128 fornia 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 Cali- fornia 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 Proce- Title 4 47 Stat ch. 127 fornia Civil Proce- Title 4 47 Stat ch. 127 fornia Civil Proce- Title 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 Cali- Title 4 ^ 7 Stat, ch. 127 fornia Civil Proce- Title 4 ^'^^i^^- ^ "'® ^ ch. 127 fornia Civil Proce- Title 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 Crim- inal fornia Penal Title 5 Crim- inal fornia Penal Title 5 Crim- inal fornia Penal Title 5 Crim- inal 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 4 135 141 •103b 104 117 118 283 291 •163 184 209 211 t444 451 3 "'"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 11 13 • 14 •15 •16 39 36 15 20 16 17 18 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 24 25 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 68 70 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 •592 593 121 ""'156' #151 192' 193 122 '"'"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 Crim- inal fornia Penal Title 5 Crim- inal fornia Penal Title 5 Crim- inal fornia Penal Title 5 Crim- inal 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 ♦420a 607 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 Crimi- nal Proce- dure Cali- fornia Penal Code Titles Old Crimi- nal Proce- dure Cali- fornia Penal Code Title 6 Old Crimi- nal 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 Cali- fornia Penal Code 1074 1075 1076 1077 1078 1081 1082 1083 1093 867 1096 1097 1098 1099 1100 1101 1102 (>'2045) (l'2049) (►/2051) (/2052) 21 8 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 Crimi- nal Proce- dure CaU- fornia Penal Code Title 6 Old Crimi- nal Proce- dure Cali- fornia Penal Code Title 6 Old Crimi- nal Proce- dure Cali- fornia Penal Code Title 6 Old Crimi- nal Proce- dure Cali- fornia 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 743 744 401 404 1493 1496 •861 862 511 436 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 Chap- ter Sec- tion Vol- ume Page Title Section Date Chap- ter Sec- tion 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 Do Do Do Do 285 285 390 390 390 390 390 390 2 6 1 3 4 5 6 7 36 36 37 37 37 37 37 37 1451 1452 560 561 661 562 663 664 2 2 2 2 2 2 2 2 222 223 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 Chap- ter Sec- tion Vol- ume Page Title Section Date Chap- ter 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 44 927 927 4 3 131 53 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 - 19 19 11 12 44 44 928 928 3 3 56 60 Do 371 2 39 528 2 401 Do - 19 13 44 928 3 61 Do Do 371 371 3 4 39 39 528 528 2 5 321, 322 391, 591 Do Do 19 19 14 15 44 44 929 929 3 3 62 63 Do 371 5 39 528 2 323.402 Do . 19 16 44 929 3 64 Do Do 371 371 5 8 39 39 528 528 b 2 392, 592 67 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 Chap- ter 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 89 90 90 90 90 90 91 91 91 91 91 92 109 109 109 109 109 109 Sec- Vol- tion 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 81 81 81 812 812 812 812 812 812 813 813 813 813 814 814 814 814 815 817 818 859 859 859 859 859 860 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 61 66 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... Do- Do.. Do.- Do... Do.. Do.. Do.. Do.. Do.. Do.. Chap- Sec- ter 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 11 12 13 14 15 16 16a 17 17a 18 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 50a 50b 50c 50d 50e 51 51a 51b 51c 52 53 54 55 56 56a 56b 56c Vol- ume 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 47 56d| 47 57 59 60 61 62 63 65 65 67 67a 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 484 56 58 111 42 33 41-43 91 94 97 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 Chap- ter Sec- tion Vol- ume Page Title Section Date Chap- ter 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 Chap- ter Sec- tion Vol- ume Page Title Section Date Chap- ter Sec- tion 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 no no no no no no 97 98 99 100 101 102 103 104 105 106 107 108 109 47 47 47 47 47 47 47 47 47 47 47 47 47 897 898 898 898 898 898 898 899 899 899 899 899 899 6 6 6 6 6 6 6 6 6 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 Do Do Do Feb. 27... Do June 16... no no no no no no no no no no 127 128 101 no 111 112 113 114 115 116 117 118 120 "sib" 47 47 47 47 47 47 47 47 47 47 47 47 48 900 900 900 900 900 900 900 901 901 901 908 1124 305 6 6 6 6 6 6 6 6 6 6 4 3 2 686 791 795 832 825 740 724 774 904 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 4 4 4 4 4 4 4 4 4 4 3 3 3 3 3 3 3 4 4 4 4 4 4 5 5 2 2 2 2 2 6 1 342, 344, 441, 773 43 65 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. . 1 2 3 5 5 5 2 4 5 2 5 5 5 5 5 5 2 6 3 3 3 3 4 4 4 4 4 4 4 4 4 4 443 Do 810 1907 Do.-.. 444,811 Mar. 13 Nov. 23 224 Mar. 22 . . 18 29 242 243 247 393 399 414 527 530 531 670 671 794 795 796 797 798 809 812 813 814 817 818 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 1 2 3 Do Do 844 Do Do 845 Do Do 846 Do... 1913 Mar. 19 Do^-.. Do 244 note Do Aug. 29 3 1 2 3 4 1 1 2 3 4 5 G 7 8 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 Jan. 9 Aug. 14 1001 1 2 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 1 2 Rule 1 Rule 2 Rule 7 Rule 18 Rule 20 4 4 4 4 4 4 4 4 4 4 4 4 1026 1003 1004 1006 984 982 984, 1004, 1005, 1006 153 26 442 45 965, 966 1928 Jan. 3 2 3 4 5 7 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 393 Jan. 9 Do 394 Do Do 395 Do 396 Do Do . - 397 Do. 987 1924 Nov. 3 3 4 5 6 7 9 10 11 12 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 Sec- tion Canal Zone Code No. Date Sec. tion Canal Zone Code Title Section Title Section 3 1904 Aug. 22 2 3 4 5 6 10 5 5 5 5 5 5 5 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 3 3 do 836 do - 1910 Apr. 23 -.- - 3 do 3 3 60S do --- 1912 July 18 1 2 4 do 12 12 1 2 830 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, disease272 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 : 1 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 : 8 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 : 1 Orders, see OpvDers Parties, see Parties Pleading, see Answer ; Complaint ; Cross-Complaint ; Demurreb ; Pleamng Retroactive, code is not, 4 : 3 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 compen- sation, 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 Costs Appeal 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 Dies For 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 Plates For 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 Credit See 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 : 2 Compounding, punishment, 5 : 181 Declaration in code as prerequisite to arrest, 5 : 6 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 : 1 Offenses committed prior to effective date, 5 : 2 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 : 1 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!*) 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 Joint Delivery 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 ordereit 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 Em- ployees 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 Admin- istrator ; 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 Acknowledg- ments 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 Sale Absolute 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!&> 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 Gates Leaving 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?"^^™*"^"*^"^ ^^ ^'^^^^ 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 Heirs and issue, of, 3: 466 »In 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 Guilty Plea 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 Idiots See 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 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 Insult Right 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 Loss Agreement 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 Intent Accident 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 Issues Are 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 Jails See 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 Libel Answer, 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 : 41 AS 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 Sale Extinguishes 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 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 : 9 Licensing of officers, regulation, 2 : 9 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 : 9 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 : 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 Public Abatement, 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 Joint Conlribution 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 Offer How 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 Office See 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 : 1 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 : 1 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 : 9 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 Tolls Authority 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 litnta!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 Sale Demand 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 Police See 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 Ports At 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 : 6 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 : 9 Pilots and pilotage in Canal and approaches, authority to regulate, 2 : 9 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 : 4 Vessels, authority to operate facilities and appurtenances for, 2 : 51 Wireless telegraphic installations, authority to cause to be maintained, 2:421 Press Freedom 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 : 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 : 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 : 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 : 6 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 : 9 Modification or annulment of regulations under Panama Canal Act, right jreserved, 2 : 1 Navigation of waters of Canal Zone, 2 : 9 Operation of Canal, 2 : 9 Passage and control of vessels through the Canal, 2 : 9 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 Relief See 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 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 Sales See Estates of Decedents ; Execution ; Foreclosure of Mortgage ; Guard- ian 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 : 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 prescribelishment authorized, 2 : 4 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 Return By 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 Tense Of 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 Title Admissibility 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 Tolls Panama 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 : 1 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 Trial See 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 Issues By 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 : 9 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 : 9 Passage and control through Canal, regulation, 2 : 9 Pilots and pilotage in Canal and approaches, regulation, 2 : 9 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 : 9 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 — Con t 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 De- claratory 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 3 1262 08300 954 7