Canal Zone code

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Material Information

Title:
Canal Zone code an act of the Congress of the United States of America to establish a code of laws for the Canal Zone, approved June 19, 1934 : together with an appendix containing certain treaties and general laws of the United States applicable in or relating to the Canal Zone or the Panama Canal
Uniform Title:
Canal Zone code (1934)
Physical Description:
vii, 1237 p. : ; 24 cm.
Language:
English
Creator:
Canal Zone
United States
Publisher:
G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Law -- Panama -- Canal Zone   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Includes index.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 00422206
lccn - 34028249
Classification:
lcc - KGH9010.2 1934
System ID:
AA00000266:00001

Full Text
















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CANAL


NE


DE


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





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CONTENTS


Table of titles:
Title 1. Personal andd Civil rights a--.-..-.a -- -.-----... -- ..--
2. Operation and Maintenance of the Canal and Government


of
The
The
The
The
The


the Canal Zone Generally.._- -
Civil Code ....--. .__ -..- ..
Code of Civil Procedure.. --a-
Criminal Code -- - - --- -
Code of Criminmal Procedure .
Judiciary_ ....-.. ------ ----


Appendix:
Treties _---- -- ----- -
General laWS.. ... -_
Parallel reference tables.-
Index_. a --_----- -_ ---


----------------------
----------------- - - a
a a ----- a a --- -- a a --
------- ---- ---- --- -
---------------- a a a a
---------------- a a a


a ------- ---------------- ----- a a - -----
- - - ----------- ----- a ----- ------- a a a -
- a ----- ---- ------ ------ -----------------
a - ---- ------ ------- ------------- --- -


Page
V

1

3
41
319
637
729
821

833
869
1017
1039


tfB3


1w


4



















































S








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
1, a m m-" ^ P t1









JUNE 19, 1934
[H.R. 8700]
(P PBLIC 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 by the Senate and


House


Representatives


United States of America in Congress assembled,


That the seven titles


hereinafter set forth shall constitute the Code of Laws for the Canal
Zone and shall, for all purposes, establish conclusively, and be deemed


embrace,


permanent


laws


relating


or applying in


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


general laws of the


Zone.
shall


United States as relate to or apply in the Canal


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


take effect on the expiration


of ninety


days


after


the date


enactment of this Act.


Copies of such code


printed at the Govern-


ment


Printing


Office


and


bearing


imprint


shall


conclusive


evidence of the original of such code.


SEc.


The said


Canal Zone


Code


shall


published


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


copies


thereof


as may


required


official


and


distribution, including


an index


and


any


other


explanatory


matter


.~ *













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 eniov the


C -


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.








OPERATION, MAINTENANCE, AID GOVERNMENT


[T,2j 2


%2

TITLE 2.--OPERATION D
CANAL AND GOVERNMENT


MAINTENANCE OF
OF TiHE CANAL


TIE
ZONE


Q0NERAILY

enei.i D Io .... .... .. a a-...
2. Aewoanting for fund 3 1
3. Ad nisternlx oaths and summonine wit-
-A ftllA **I:: il Att
:.e alanCm tirna .
5.Cu tnws ee ... .._....................,_,.. 81
5. Customs er e..... .......... ..... 61
44 R=e a-n--an--a O81
7. lusionand deportation of persons.-.... 141
8. Ispection of vesselsa.................---------------.- ..- 151
9. Intxieitug iiquIrs..I ........ -......... (note)
10. Keeping and mpuatndingef domntc ani
mIMls.. a......... ......._............ 2 1 -
11. Notar leeuh--.n... .- ..._...._.-._--.... 211
12. Panama Railr4oad Co.; railroad&es... 221


13. Pardons and reprieves and remission of
nes and O tur -. .- .- .-. .. ... . ...
14. Postal Wervice...-.......... ..... ..._.....
15. Protetion of birds and their nests.......
6I. Public Jlandto -: - - - - -a - -
17. Public roads and highways; vehicles; fer-
18. Purchase of supplies.....-.....---......----.-.
19. Radio equipment on ocean-going vemels
using ports. ..--- -- - -.........-----
20. Sanitation, health, and quarantine........
21 SOe. ......- -........------------ .----
&. Tax esand IIcese. ---.. -..... ---.. -...... .....
23. Tolef or use of Canal.....-...- -.........-.
24. Wireless tlegraphic installations.........


CHAPTER


L---GrENERAL


PROVISIONS


See.
1. Short title of organic act; reservation
of right to alter, amend or repeat,
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.


Section 1.
alter, amend
the opening,
Canal, and t
proved Augu
referred to a
reserved:
a. To alter
b. To exte
its authority.
title 48, sec. 1


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
locks.
11. Canal closed to violators of anti-trust
laws.
12. Regulation by Governor of anchorage
and movement of vessels in time of
national emergency.


Short title of organic act; reservation of right to
or repeal.-The Act entitled "An Act to provide for
maintenance, protection, and operation of the Panama
he sanitation and government of the Canal Zone," ap-
st 24, 1912 (ch. 890, 37 Stat. 560) shall be known and
is the Panama Canal Act, and the right is expressly


, amend or
id modify
(Aug. 24,
301].)


provisions; and
elation made under
at. 569 [U.S. Code,


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
ltnn"a rnlo.a 1omrn mn n lnw-water mark and exrtends to and across


repeal any or all of its
or annul any rule or re
1912, oh. 390, sec. 14, 37





T.2, S8]


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 tcanali,
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 1
may be deemed necessary for such i
Which additional land or land
become part of the Canal Zone.
37 Stat. 560 [U.S. Code, title 48, sec.


and or land und
mrposes;
under water so
(Aug. 24, 1912,
1302].)


|er water


acquired
ch. 390,


which

shall
sec. 1,


CROSS-REFERENCE


For convention between United States and Panama
line of the Canal Zone, see appendix, p. 848.


defining


the boundary


4. Towns and
authorized to deth
exist in the Canal
divide the Canal
or number, so th
division, and the
defined. (Aug. 2
ch. 370, sec. 1, 42


subdivisions of Canal Zone.-The President is
Srmine or cause to be determined what towns shall
Zone, and subdivide and from time to time resub-
Zone into subdivisions, to be designated by name
at there shall be situated one town in each sub-
boundaries of each subdivision shall be clearly
4, 1912, ch. 390, sec. 7, 37 Stat. 564; Sept. 21, 1922,
Stat. 1004; Feb. 16, 1933, ch. 91, sec. 1, 47 Stat. 814


[U.S. Code, title 48, sec. 1341].)
OCBOSS-REFERENCES
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
Tfl jCl 1v 1 tIj m y9 C




VI


OPERATION, MAINTENANCE, AND


GOVERNMENT


tW~2, 210


6. Appointment, term and salary of Governor.-The Govenor
of the Panama Canal shall be appointed by the President, by and
with the advice and consent of th Senate comssioned ra ai
of four years and uitil his successor i pointed and qualified. He
halbrecein'asalary of 0000ayean Au 24,2o1i.8S0 see.
[SStat. 661 [U.S. Code, title 48, sec. 1805])
, (ont and jisot of Goveinot over Cni Zoane.-The
0pvernor of .ePania.a shall, m connection ith theqpera-
toftlie6hziht
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
ajdnet of the Canal (Mug+ .4, l91 yh1 390 sea ,sB Stat 564;
Sept 21, 192, oh. 370, see. 1, 42 Stat. 1004; Feb. 16, 1933, oh. 91
S69 47 Stat. 814 [US. Code, title 48, sec. 13 ] .)
8. Army aontol in time of war or when war is inmminent.--In
tine of war in which the United States is engge or when in the
nen, sch fflcerpof thee Army a
opin on of the President war is imminent, such o
the Presidet may' designate shall, upon the order of the Fred ,
issue and have exclusive authority and jurisdibtion over the opera-
tiol of the Panama Canal and all its adjuncts, apendants and ap-
purtenances, including the entire control and governmentofthe anal
Zone. During a continuance of such condition the Governor of the
Panama Canal shall be subject to the order and direction of sudh
officer of the Army in all respects and particulars as to the operation
of the Canal and all duties, mattersand anstioseti the
SanalZone. (Aug ,1912, ch. 90, sec.1 Stat5 U.S. Obde,
title 48, see. 1308].)


9I Regulations governing operation of Canl, pktage and naVi-
'gatlok ThePresident is authorized to make, and from time t tme
aend, regulaions goverung:
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
han100, or b imprisonment in jail for not more than thirt days,
or bv both. (Aur. 24. 1912. ch. 390, sec. 5, 37 Stat. 562: July 5,





T. 2, 11]


OPERATION, MAINTENANCE, AND GOVBRIMBNT


meant 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 disa ment 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].)


Cuoea-Rn


Establishment and


designation


of district court, see


title 7, section 21.


11.
mitted
States
if such
son or
visions
of any
The qi
court (
pendin
parties
Genera
Stat. 5


Canal closed to violators of anti-trust Iaws.-N


to engage in the coastwise or foreign trade
shall be permitted to enter or pass through the
ship is owned, chartered, operated, or control
company which is doing business in violati
of the anti-trust laws (U.S. Code, title 15, se
other Act of Congress amending or suppleme
question of fact may be determined by the ju
of the United States of competent jurisdiction
g before it to which the owners or operators o
. Suit may be brought by any shipper or b
il of the United States. (Aug. 24, 1912, ch.


67 [U.S. C


ode, title 15, sec.


led
on
'Cs.


Vessel per-
the United
nama Canal
by any per-
of the pro-
1 to 27), or


noting the same.
dgment of any
n in any cause
f such ship are
y the Attorney
390, sec. 11, 37


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].)
OCoss-Rarmacts
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
to the various funds.
32. Accounting by collecting of
X~n V M.~ r^f a k .


relation


Beers


Sec.
33. Examination of accounts by persons de-
tailed from General Accounting
Office.


I




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[T.2,f 42


each fund. (Aug. 1, 1914, 223 me 4, 38 S tt 679 [U.S. Code,
titi. 48, sec 1327J.)
32. Accounting by collecting oefficers of Panama CanaL-The
colSW, offers of the Panama Canal shall render their accounts in


such detil, and shall tr ansmit with
ALoountdi Oicee all such papers, rec
transactions as collectors, as shall b
pkis bythis rsident, and, i hisj
the methods of accounting prescribed
S191 (U.. Code, title 81, ch 1).
38 Stat. 679 [U.S. Code, title 48, sec.


their accounts to the General
)rds and copies relating to their
i prescribed in regulations ap-
idgment, not incompatible with
in the Budget and Accounting
(Aug. 1, 1914, ch. 223, sec. 5,
1328].)


33. Examination of accounts by persons detailed from General
Accounting OMice.-In prescribing regulations under the provisions
of the next preceding section, the President shall ,provide tat it lieu
ot furnishing th the General A counting O mffiindividail t"ddail
cdnlection vouchers two competent persons from the General' A-
counting Ofece, 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
subiItted schedules of collections, and report in duplicate to the
Genrn 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 tr ns-
portation and traveling expenses out of such appropriations for the
Panama Canal as may be desi ated by the Governor. (Mar. 3,
1915, ch. 75 sec. 8, 38 Stat. 886 U.S. Code, title 48, sec. 182)] 4

CHAPTER --ADMINISTERING OATHS AND SUMMONING
;WITNESSES


See.t x
41, Authority of certain officers to admin-
ister oaths for certification of papers.
42. Authority to summon witnesses and
require production of papers.


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


Section 41. Authority of certain officers to administer oaths for
certieati 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.)


Cmos s-Bins utica


-:_ _


a - -


t - -. a t. - -- a ac U - a -- a .~ - .. S --


. S.t~. tN


m


m m i


i





T.2,543]


OPERATION, MAINTENANCE, AND


GOVERNMENT


43. Process to compel attendance of witnesses and pr
of papers.-The district court may:
a. Issue processes at the request of the designated Cana.
to compel the attendance of witnesses and the production
and papers; and
b. Punish for contempt of court any person who refuses
such processes, or who refuses to be sworn or to answer any
or proper question after being duly sworn. (July 5, 1932,
sec. 2, 47 Stat. 577 [U.S. Code, title 48, sec. 1345a].)


oduction


I officers
of books

to obey
material
ch. 422,


CHAPTER 4.-BUSINESS OPERATIONS


See.
51. Providing materials, supplies, and serv-
ices for vessels.


Sec.
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 Railroad Company or otherwise, dry
docks, repair shops, ards, 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
such purposes, but all deposits of such fun
provisions of existing law relating to the dep
of the United States, and any net profits acc:
shall annually be covered into the Treasur
Monthly reports of such receipts and exp
to the President by the persons in charge,
be made to the Congress. (Aug. 24, 1912,
563 [U.S. Code, title 48, sec. 1323].)


hereby appropriated for
Is shall be subject to the
osit of other public funds
ruing from such business
y of the United States.
enditures shall be made
and annual reports shall
ch. 390, sec. 6, 37 Stat.


CHAPTER 5.-CUSTOMS SERVICE


61. Control by Governor of importation of
articles or merchandise; regulations.
62. Offenses in relation to entryv or Imnor-


Sec.
65. Omission of sea stores from list; land-
ing of sea stores; penalty and for-
feiture.


I





OPERATION, MAINTENANCTE, AND GOVERNMENT


[T. 2, 85


iHave authority to establish, and to alter and amend from time
to time rules and regulations governing:
t he entry and importation of goods into the Canal Zone; and
S2) The disposition of goods brought into the Canal Zone in
violation of such regulations. (Feb. 16, 19338, ch. 90, sec. 1, 47 Stat.
818 [U.S. Code, title 48, see. 1825a].)
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;
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
c. Violate any of the rules and regulations established under the
authority of the next preceding section;
Shall e 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,
1938, ch. 90, sec. 8, 47 Stat. 818 [U.S. Code, title 48, see. 1325c].)
83. 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 within 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,
1938, ch. 90, sec. 3, 47 Stat. 813 [U.S. Code, title 48, sec. 1325c].)


64. Omission of mere]
feiture.-If any vessel a


other than a port in the
found to have on board
such vessel shall be liable
of the merchandise not
longing to or consigned;
shall be forfeited: Provi
be imposed if it is made
court in which the trial i
unloaded except as accoi
the errors and omissions i
al iL,.^I1. ,.-.. ^ a a a *. n'-L a,.n...,.,1 --, .


handise from manifest; penalty and for-
rriving at the Canal Zone from any port,
Canal Zone or the Republic of Panama, is
merchandise not manifested, the master of
to a penalty equal in amount to the value
manifested, and all such merchandise be-
to or for the officers or crew of the vessel
ded, however, That such penalty shall not
to appear to the customs officers, or to the
is held, that no part of the cargo has been
mnted for in the master's report, and that
n the manifest were made without fraud or
-.. -la,.,,. a,. .n a -,.J- a', wn ,a, -il a .11,. ....... .. ..w 1 .. ...a.J.. .L.w -.^





T. 2, 66]


OPERATION, MAINTENANCE, AND GOVERNMENT


- -d


Panama, which
officer, or if a
specified in su
a permit being
pose, all of su
landed, shall
shall be liable
or landed. (F
48, sec. 1325e].


h i
g5
ch
rfi
ich
38
to
eb.
)


ire not specified in the list furnished the boarding
greater quantity of such articles is found than that
list, or if any of such articles are landed without
rst obtained from the customs officer for that pur-
Sarticles omitted from the list or manifest, or so
seized and forfeited, and the master of the vessel
a penalty treble the value of the articles so omitted
16, 1933, ch. 90, sec. 5, 47 Stat. 814 [U.S. Code, title


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 in
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].)
COSs-REFlIREEN 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


1. Appointment and compensation in
general -.- .-----------------
2. Retirement of Canal and Railroad
employees on Isthmus who are
citizens - .-- ------------ -


Art. See.
3. Compensation for injuries to Canal
and Railroad employees........- 121





A MNTRNANON, AND 0 V ER NMBN T


fT. 2, 5 83


Canal, necessary for the care, management, maintenance, sanitation,
government, opei and protection of the Canal and Canal Zone
hall:
a Be appointed by te President or by his authority;
b. Be removable at the pleasure of the President; and
c. receivee such compensation as shall be fixed by the President
or y his authority until sch 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.
(A g. 2, 1912, ch. 390, sec. 4, 37 Stat. 561 [U.S. Code, title 48,
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
Sowpqnation 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 salary or compensation, of:
a. The retired pay or allowances of any retired warrant officer or
enlisted man of the Army, Navy, Marine Corps, or Coast Guard; or
Sb. 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].
Onoss-RImauNoKs
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. 80).
83. Deduction from compensation of amounts due for supplies
or serviwces.-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 payable to such
employees, 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, h. 2918, sec. 8,
34. Stat. 1371.)






OPERATION, MAINTENANCE, AND


GOVERNMENT


ARTICLE


2-RETIREMENT OF
ON ISTHMUS


CANAL 'AND RAILROAD
WHO ARE CITIZENS


EMPLOYEES


91. Employees to whom article applies.
92. Automatic retirement; optional ret
ment at 60 in certain cases.
93. Voluntary retirement.
94. Disability retirement; requirement
medical examination.
95. Involuntary separation from the s
ice.
96. Method of computing annuities.
97. Computation of accredited service.
98. Credit for past service.


ire-


erv-


See.
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 unon attaining the age of sixty-


two years shall, after att
rendered at least thirty


g the age of sty years and having
learning the age of simyutedars and having
vftra5service. conutedlf nrovided. in


T. 2, 91]





fl9AriONr MMT fANCB, AND (GO YBRNME2NT


[T.2,j 94


% Voluntary retiement.-(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
anmuity to be determined on the basis of the American Experience


Table of Mortality and an interest rate of 4 per centum, compounded
ann uall .
(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.
875, sec. 3, 46 Stat. 1472 [U.S. Code, title 48, sec. 1871b].)


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.
tion, 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 due to vicious habits,
intemperance, or willful misconduct on the part of the emplo ee,
shb a upon his own application or upon request or order of the Iov-
ernor of the Panama Canal, be retired on an annuity computed in
accordance with the provisions of section 96 of this title.





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
amount credited to his in
(a) of section 101 of this
per annum compounded
unless he shall become re
of this article, shall be p


annuitant has received a sum equal to the
dividual account as provided in paragraph
title, together with interest at 4 per centum
on June 30 of each year, the difference,
-4 S . S-* S .*


emplo
aid to


yed in
the reti


paragraph (b) of section 101 of this ti
in such form and manner as the Admi


may direct.
view of thi


In case of
article th.e


Position
[red empl
tle, upon
nistrator


within
oyee,
applic
of Ve


Sreemployment in position w
amount so refunded shall be


n the purview
as provided in
,ation therefore
terans' Affairs
within the pur-
redenosited as


T. 2 94]


.





OPSRAAiON, MAJNTBNANOBi AND


GOVERNMENT


[T.2ZI95


re for examinations made under the provisions of this section
y physicians or surgeons who are not medical officers of the United
Sates shall be fixed by the Administrator of Veterans' Affairs, and
such ees, together with the employee's reasonable traveling and
other expenses incurred in order to submit to such examinations,
Aa 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. 18371Te].)
NoE.-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, see. 47a],); which reads as follows:
"Retirement authorized by law of Federal personnel of whatever class, civil,
military, naval, judicial, legislative, or otherwise, and for whatever cause retired,
shall take effect on the 1st day of the month following the month in which
said retirement would otherwise be effective, and said 1st day of the month for
retirements made after July 1, 1980, shall be for all purposes in lieu of such
date for retirement as was on April 23, 1980, 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."


Involuntary


separation


from


service.-Should


ployee fifty-five years of age or over to whom this
after having served for a total period of not less tha
and before becoming eligible for retirement under
defined in section 92 of this title, become involuntarily


any


em-


article applies,
in fifteen years
the conditions
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 paragraph (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
(n ) A deferred annuity beginning at the age at which the em-
ployee would otherwise become eligible for retirement compute as
provided in section 96 of this title.
Any employee who has served for a period of not less than fifteen
vsara and who iK fnrtv-fiv.a vanrc af a-rn tn' evar ani^ *. lncc +b0y,






OPERATION, MAINTENANCE, AND


GOVERNMENT


reemployment,


shall


and


allowed


unless such subsequ


an annuity based upon invol
I upon subsequent separation
ent separation shall be invol


1931, ch. 375, sec. 5, 46 Stat. 1474 [U.S.


Code, title


untary
from


separation
the service


untary. (Mar. 2,
Le 48, sec. 1371d].)


Non.---With


respect


to involuntary


separation


from


the service


June 16, 1933, and July 1, 1935, by a person having at least 30 years'


act of June 16, 1933 (ch. 101,


sec.


8, par. (b)


between
service,


48 Stat. 305 [U.S. Code, title 48, see.


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


reasons


than his misconduct, such employee shall be entitled to an annuity


as provided in section 6 of such Act sectiono
Canal Zone retirement and disability fund


of such annuity


at which


he wou


as provided in se


n 96 of this title)


less a


sum equal


other


computed


payable from the
to 5 per centum


Provided, That when an annuitant hereunder attains the age
ld have been entitled to retirement with annuity computed
tion 6 of such Act (section 96 of this title), such deduction


from the annuity shall cease. If


reemployed


in the service of


(including any cc
the United States)


corporation


the District


the majority


when


such


of Columbia
of the stock


annuitant


or the


which


United


shall


States


is owned


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


existing at the time of


the subsequent separation of such person from the service.


Method


computing


annuities.-The


annuity


an em-


ee retired under the provisions of this article shall be composed


A sum equal to $37.50 multiplied by the
not to exceed thirty years rendered


7


of Panama, or (b) in the
States in the Tropics; and


ployee
puted
accord


nhtary
military


number of years of
a) on the Isthmus


or naval service


United


The annuity purchasable with the sum to the credit of the em-
's individual account, including accrued interest thereon com-
as prescribed in paragraph (a) of section 101 of this title,
ing to the experience of the Canal Zone retirement and dis-


ability fund as may from time to tim
annuity values by the board of actuaries
(3) Thirty dollars multiplied by the
rendered and not allowable under para


That the
allowance
between t


number


unde
hirtv


years


r paragraph
and the numi


e


forth


and


number of


raph


of service to be


er of


shall not
allowable


(1)
used


tables


years of


hereof


service


Provided,


in computing the


exceed


difference


years of service


under


*J
paragraph (1); and
(4) Thirty-six dollars multi


ied by the number of years of serv-


96]


(1)
service


w-- v w v w


JSf,





OPERATION, MAINTENANE, AND GOV BNMENT


[T. 2, 97


mulMplied by the number of years of service used in comnp outing the
annuity under paragraph (1) hereof, and divided by forty; and
the average annual basie salary, pay, or compensation, not to exceed
$1,600 per annum, received by the employee during any five consecu-
tive years of allowable service at the option of te employee, mul-
tiplied by the number of years of service used in computing the
annuity under paragraph (3) hereof, and divided by forty: Pro-
vided. That the annuity paid a retiring employee of the Panama
Railroad Company in such service on June 80, 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 of 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: And
provided further, That the number of years of service to be used
in computing the annuity under paragraph (1) and (3) of 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) of 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, in
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 in
this article, shall be so construed as to exclude from the operation of
the atiele all bonuses, allowances, overtime pay. or salary. ay. or


J


2


compensation given in addition to the base
fixed by law or regulation. (Mar. 2 1931,
1474 [U.S. Code, title 48, sec. 1371e].)


pay of the position as
ch. 375, sec. 6, 46 Stat.


97. Computation of accredited service.-Subject to the provisions
of section 98 of this title, the service which shall form the basis for
S*W 'a n. al -V.H-fk* -r ak .- S* *. - .>





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 Risk 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
absence 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
the provisions
deposit with
the Canal Zo:
tion 99 of this
of Veterans' A
basic salary,
after July 31
centum of th
dered subsequ
at the rate of
of each fiscal
period during
Upon making
for the perio
such deposit
the Panama I
further, That
employee of
required unde
sec. 8, 46 Stat


for past service.-All employees coming within
of this article after July 1, 1931, shall be required to
the Treasurer of the United States to the credit of
ne retirement and disability fund referred to in sec-
title, under rules to be prescribed by the Administrator
Lffairs, a sum equal to 2 per centum of the employee's
pay, or compensation received for services rendered
, 1920, and prior to July 1, 1926, and also 3 per
basic salary, pay, or compensation for services ren-
ent to June 30, 1926, together with interest computed
4 per centum per annum compounded on the last day
year, but such interest shall not be included for any
; which the employee was separated from the service.
Such deposit the employee shall be entitled to credit
d or periods of service involved: Provided, That no
shall be required on account of services rendered for
railroad Company prior to January 1, 1924: Provided
failure to make such deposit shall not deprive the
credit for any past service for which no deposit is
r the provisions of this section. (Mar. 2, 1931, ch. 375,


. 1476 [U.S. Code, title


99. Deductions.-Beginning
and withheld from the basic s


48, sec. 1371g].)


July 1, 1931,
alary, pay, or


there shall be deducted
: compensation of each





OPERATION, MAINTENANCE, AND


GOVERNMENT


[TI.2,11 l


pr atd for the paymentof the annuities, refunds, and allow-
andes proided in ths article.
Every employee coming within the provisions of this article shall
Be demed to consent and agree to the deductions from salary, pay,
or compensation as provided herein, and payment less such dedue-
tions ail be a full and complete discharge and acquittance of all
clais and demands whatsoever 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 affecting the salary, pay, or compensa-
tion of any person or persons to whom this article applies. (Mar.
2, 1931, ch. 875, 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,
1981, ch. 875, sec. 10, 46 Stat. 1477 [U.S. Code, title 48, sec. 1371i].)
S101. 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
th Canal Zone retirement and disability fund, covering service from
an afterJuly 1, 191, less the sum of $1 per month or major frac-
tion thereof, shall similarly be credited to such individual account.
(b) In the ease 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
befre 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 naid to such emnlovee:





T. 2, 102]


OPERATION, MAINTENANCE CE, 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 therefore, 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 $1,000, 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 other person. (Mar.
2, 1931, ch. 375, sec. 11, 46 Stat. 1477 [U.S. Code, title 48, sec. 1371j].)


102. Payment of annuities.-Ai
of this article shall be due and pa'
the first business day of the month
period for which the annuity shal
all annuities, refunds, and allow
made by checks drawn and issued
payment of pensions in such form
guards as shall be prescribed by
Affairs in accordance with the laws
accounting that may be found apple
Applications for annuity shall be
of Veterans' Affairs may prescribe


annuities granted


under


terms


yable in monthly installments on
h following the month or other
1 have accrued; and payment of
nces granted hereunder shall be
by the disbursing clerk for the
and manner and with such safe-
the Administrator of Veterans'
, rules, and regulations governing
icable to such payments.
in such form as the Administrator
, 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.





OPPR*TWNy MAI TENAY B, AND ao VERYMENT


[T. 2, 106


under the provisions of the Civil Service Retirement Act (U.S. Code,
title 5, ch. 14), or said Act as amended, or as extended by Executive
orders, or under the provisions of the Panama Railroad pension plan,
te annuity shall be computed, adjusted, and paid under the pro-
vibos i this article, h it this article shall not ibe so construed as to
irid the annuity of any person retired before its effective date,
nikhalltany increase in annuity commence before such effective date.
All those who were sepa rated from the service of either the Panama
Ca Or the Panama Railroad Company on the Isthmus of Panama,
d tqent to August 190, and before July 1, 1931, not by removal
6r us on charges of misconduct or delinquency, without having
bdeI anted retirement annuities due to the fact that all of their
serve which would be allowable under the provisions of this article
Wds not counted in arriving at their total service, and who are other-
wise eligible by having made the necessary contributions to the re-
tir eit and disability funds as herein provided, shall, from July 1,
193[, be paid annuities in accordance with the provisions of this
article. (Mar. 2, 1931, ch. 875, sec. 13, 46 Stat. 1479 [U.S. Code,
title 48, sec. 18711].)


104. Board of
Administrator of
16 of the Act of
make a valuation
Jof fi < '* *
at intervals of fi
Adiinistrator of
46 Stat. 1479 [U.


actuaries.-The board of actuaries selected by the
Veterans' Affairs under the provisions of section
July 3, 1926 (U.S. Code, title 5, sec. 706a), shall
of the Canal Zone retirement and disability fund
ve years, or oftener, if deemed necessary by the
Veterans' Affairs. (Mar. 2, 1931, ch. 375, sec. 14,
. 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.e 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 annually, showing all receipts and disburse-
wpnp on account t annuities refunds, and allowances under this
article, together with the total number of persons receiving annuities
aad. thetotal 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







law or equity, or be subject
meant, or other legal process.
1480 [U.S. Code, title 48, sec


107.


Effective


date.--Thi


and from and after that
Retirement Act (U.S. Cc
ployees of the Panama C
other employees coming
Provided, however, That
shall attain the age of
rendered sufficient service


to be retired on an ax
but whose aggregate e
sufficient in character
annuity under the pr
will be eligible to retire
of that Act and paya
ability fund; and in si
separation from the se
the Administrator of
in the deductions mad
the provisions of this
have been made at the
as amended; and the )
to the Secretary of th
of such employee in ti
and said amount shal


Departm
(Mar. 2,
sec. 1371
ARTICLE


ent to
1931,
p.].)


the c
ch. 37


to execution, levy,
(Mar. 2, 1931, ch.
. 137lo].)
s article shall take


Sdate tl
de, title
anal on
within
any em
eligibili
Son the


muity as
mploymei
and dur
Visions o
e and rec
ble from


p
It
a
f


tie provisions


GOVERNMENT


attachment, garnish-
375, sec. 16, 46 Stat.


effect July
of the Civil


1, 1981,
Service


S5, ch. 14), shall not apply to em-
the Isthmus of Panama or to any
Sthe provisions of this article:
iployee of the Panama Canal who
ty for retirement without having
Isthmus of Panama to entitle him
provided by section 92 of this title,
Sunder the United States would be
tion to entitle him to receive an
the Civil Service Retirement Act,


eive an annuity under the provisions
the civil service retirement and dis-


uch event the employee shall be entitled, upon
vice, to the refund, under such regulations as
Veterans' Affairs may prescribe, of any excess
e from his salary, pay, or compensation under
article, with interest, over those which would
rate fixed by the Civil Service Retirement Act
Administrator of Veterans' Affairs shall certify
e Treasury the amount remaining to the credit
hie Canal Zone retirement and disability fund,
l be transferred on the books of the Treasury
civil service retirement and disability fund.
5, sec. 17, 46 Stat. 1480 [U.S. Code, title 48,


3.-COMPENSATION FOR INJURIES
ROAD EMPLOYEES


TO CANAL


AND


RAIL-


See.
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.


121. Application
Canal and Railroad
used in the Act of
amended (U.S. Cod
T~flflflrh-ifl ( "onn 1l 0 o~A


Transfer of administration of act to
Governor; modifications of act in
respect to Canal and Railroad em-
ployees.


of Federal Employees' Compensation Act
I employees.-The term "employee" when
September 7, 1916 (ch. 458, 39 Stat. 742),
e, title 5, ch. 15), includes all employees of
n4f 4l-b PnnnrnyOYo "Rol^ rnoA fl {fmrwannon I Slan


A


T.2, 107]


OPERATION, MAINTENANCE, AND


i





OPERA lON, MMNTEZJANOB, AN)) GOVERNMENT


[T,2,5 128


39 Stat. 742), as mude(US. Code, title 5, eh. 15), is caused under
mtances creating a leg al liability in the Panama Railroad
Company to pay damgos th refor under the laws of any State,
Torrtbry, or possession of the United States or of the District of
bUn1r of any foregncountry, no compensation shall be pay-
intilthe person entitled to compensation releases to the Panama
Railroad Company any right of action which he may have to enforce
guAfliabiaty of the Panama Bail pad Company, or until he assigns
to the United States any right which he may have to share in any
mon o other property received in satisfaction of such liability
of ]P'anama Eailroad Company. (Sept. 7, 1916, ch. 458, sec. 41,
S9 St4 750 [U.S. Code, title 5, sec. 1911.)


123 Transfer of administration


of act to Governor; modificea-


tins t 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
ad 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 eec to puch transfer, be read "Governor of the Panama Canal"
snd" 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
r T|r jiT^ T **'i ii1 o


of the appropriation for the
Compensation ommision.
In the case compensation
In casev / :'^


work (


)f the United States Employees'


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, see. 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
mayr emove or modify the minimum limit established by section 6
of said act as amended U.S. Code, title 5, see. 756), on the monthly
m pesation for disabi ity and the minimum limit established by
lause (i) of sectin 10 of said act, as amended (U.S. Code, title 5,
8.0 on the monthly pay on which death compensation is to be
imputed. The President may authorize the Governor of the Pan-
sCanal to py the compensation provided by said act, including
It .i a2s na I an. -. z' - .. 1. -L .l a - 1- .. -a -





T. 2, 141] OPERATION, MAINT
CHAPTER 7.-EXCLUSION


ENANGE, AND


AND DEPORTATION


OF PERSONS


Sec. Sec.
141. Regulations as to right to enter or re- 142. Punishment of persons deported from
main upon Canal Zone. 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
punished by a fine of not more than
jail for not more than one year or ]
371, sec. 10, 39 Stat. 529 [U.S. ode,


rules or
$500, or
by both.
title 48,


regulations shall
by imprisonment
(Aug. 21, 1916,
sec. 1321].)


CR08 8-REFEREN cm


Punishment
Extradition


for importing foreign criminals, see title 5, section
of persons accused of crime, see title 6, sections 861


184.
et seq.


142. Punishment of persons deported from Canal Zone
return thereto.-Any person who voluntarily returns to the C
Zone after having served a sentence of imprisonment therein
after being deported therefrom, shall:
a. Be punished by imprisonment in the penitentiary for not
than two years; and
b. Be removed from the Canal Zone upon the completion of
sentence, in accordance with the laws and orders relating to depc
tion.
A voluntary entry into the Canal Zone for any purpose shal
sufficient to constitute a return to the Zone within the meaning


this section, except that the
his discretion, in a case of
person to return to the Can
who remains in the Canal
specified in the permit shall
9 -**'a a -


Governor of the Panama C
necessity, grant a permit
al Zone temporarily. Any
Zone after the expiration
be deemed guilty of a viol


who
anal
and


nore


his
)rta-

1 be
Sof


g Q
anal may, in
to any such
such person
of the time
ation of this


GOVERNMENT


t





OPERATION, MAIMNTENAGE, AND


GOVERNMENT


[T. 2, 155


CHAPTER 8.--INSPECTION


OF VESSELS


151, Vessels
eral
152. Inspect
1Et ERsgulti
1$. ISeun6Tl
1pyIitaiit ^ J~E5 it


subject to inspection in


vessaIs.
I i eUpctiUon.
of certificate of


Inspection.
1554 Refusal of certificate of inspection.
150. Failure to have or display certificate;
receiving excess passengers; fines.


157. Revocation of certificate for changes
in condition of vessel.
15f. Small vessels propelled by machinery;
registration, certification, and num-
bering; licensing of operators; fines.
159. Small vessels not propelled by ma-
Schinery; registration and number-
i g: fines.


160. Sr


narl 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 stabject to an annual inspection of hulls, boilers, machinery, equip-


ment, and passenger accommodations.
47 Stat. 811 [U.S. Code, title 48, sec.


(Feb.
1336a].)


16, 1933, ch. 88, sec. 1,


OCoss-RrnmcEBs
Regulations governing the navigation of the harbors and other waters of the
Canal Zone, see section 9 of this title.


Radio equipment
362 of this title.


on ocean-going


vessels


using ports,


see sections


152.


Inspection of foreign vessels.-A foreign vessel 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


determine


whi


boilers and life-saving equipment are as stated in


inspection;
as evidence
to vessels c
which such
811 [U.S. C


no such


lawful
le Unit


vessel


certificate


inspection
ed States


belongs.


ode, title 48, see.


unless
under


(Feb. 1(
1336b].)


inspection
s like priv


the
1933,


AL


laws
ch.


ether the vessel
the certificate o


shall
ileges
of th


sec.


'e accepted
re granted
country to
2. 47 Stat.


153. Regulations governing
Panama Canal is authorized to


inspection refer
regulations shall
regulations gov


med to in
conform


I


inspection.-The


Governor


prescribe regulations concerning the
bwo next preceding sections, which


as nearly a
, Ste@aot


~rning


United States. (Feb. 16, 4Spe4.
title 48, sec. 1336a].) ),v **


154.


Issuance


I flislay


t88>sed.:1s

certificatE


racticable


h


a,
the board of locarit4pectors of th !Pianta C
and its equipinmeA a certificate. f inspefion,
issued by the Canal authorities, two coDies (


o the laws


and


Octitn Service of the
: t7.t8 |U.S. Code,
*~~ ,(
"*| T^ .... -


of inspect n.-
anl approves 4
'in triplicate, si


When
Vessel
all be


)f which shall be dis-


s.f I A-,
* S S 4 S *S4 -
A. a 4.
A~w.. - a., a rt a an ,~ 'w a rrA. r~ a - a S U --


t


-f




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. 1386d].)
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, sec. 5, 47 Stat. 811 [U.S. Code, title 48, sec.
1336e].)


157.


Revocation


vessel.-Ii


certificate


changes


i case a vessel holding an unexpired cer


in condition
tificate issued


of
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 propeled by machinery; registration, certifi-
cation, and. numbering licensing b operators; fines.-Small ves-
sels .propellt ii whole or in part by machinery, other than public
vessels 6fthel United States or of the Rep tahi of Panama, shall be
registered; certificated and. n bered, and shall display the numbers
assigned in a conspgiuos '.plc. .Ai prescribed foin. Such vessels
shall hot be operated except by an operator holding a license to
operate, issued after examination by the board of local inspectors,
-. 'S 5 9 < .*3 9 S ,





O fflO~, MAlh CTENBANO AND


GOVSBNMENT


[T. 2, 10


by machinery shall be registered and numbered, and when numbers
have en assigned they shall be displayed in a conspicuous place in
prescribed form. Any vessel which is operated in Canal Zone waters
m tiiltIon 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, see. 18S6h .)
16 Smal vessels carrying passengers; certificate; inspection;
lnes.-Vessels under 65 feet in length, before carrying passengers
for ie 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
shll 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,
h. 88, sec. 9, 47 Stat. 812 [U.S. Code, title 48, sec. 1336i].)
CHAPTER 9.-INTOXICATING LIQUORS
NoE.--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.





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.


Violation


of regulations; punishment.


201.


domestic


authorized
regulations:


a. Governing the


Zone
b. Prescribing


mals may


Regulations


animals.-The


make


and pi

keeping


where


permitted


what conditions such
c. Providing for-


(1) The impour
(2) The charges
animals if claimed


animal


and


relative tF
Governor


iblish,


and


of domestic


under


what


keeping
of the


from


time


animals


Sand impounding
Panama Canal is


%toti

within


conditions


do


d to be at large, and when, where
domestic animals shall be confined


hiding of


Sto be


me


amend,

SCanal


mestic
and u


ani-


under


and


animals;


paid for the impounding and


C


by the owner;


The disposition of unclaimed animals; and
The disposition of the proceeds of the sale of such
s, if sold. (July 5, 1932, ch. 427, sec. 1, 47 Stat.


are of such


unclaimed
178.)


CROSS-REFERENCE
Offenses in relation to the keeping, etc., of animals, see title 5, sections 561
to 567, 608 and 810.


202
shall


Violation


re


violate any provis


next preceding section,
1932, ch. 427, sec. 2, 47 S


gulations; punishment.-Any person
ion of the regulations established und
shall be guilty of a misdemeanor. (Ji


who
er the


uly


tat. 579.)


CHAPTER 11.-NOTARIES PUBLIC
Section 211. Appointment and regulation by Governor.-The Gov-


ernor oi
scribe t
charged


E the


Panama


heir powers and


and


collected


Stat. 564; Sept. 21, 1922,
ch. 91. sec. 1. 47 Stat. 81


Canal


s


duties


them.
ch. 370
6 [U.S.


hall appoint all notari
, their official seal, and


es


public, pre-
he fees to be


(Aug. 24, 1912, ch. 390, sec. 7, 37
, sec. 1, 42 Stat. 1004; Feb. 16, 1933,
Code, title 48, sec. 1336].)


CHAPTER 12.-PANAMA RAILROAD COMPANY; RAILROADS


Art.
1. In General .-- --- --


Sec.
~221 I


Art.
2. Safety


Sec.
Appliances ... ......_.... 241


GROSS-REFERENOES


'a a....


a -


a.


- a jph-k


5 '0 ~.rt nnn nnt te fl's nfl ruN n..~. at, nnr n n arc nan *~I a ~ nnn.4nfn -u tsta U fl.


Section


it C


4 t I


- I *


.*


h





OPlRATION, MAWNTENAN7O, AND


GOVERNMENT


[T.2, 241


Other oenses in relantion to railroads, see title 5,
6D, 688, 789, 740, 824, 843 and 844.
Suits in Admiralty Act not to apply to Panama
title 46, section 741 (appendix, p. 991).
Transfer to Shipping Board of vessels owned by P
pot required in its business, see U.S. Code, title 46, s


ARTICLE 1.-IN


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


sections 521, 528 to 526,


Railroad,


see U.S.


Code,


anama Railroad Co. and
section 806.


GENERAL


See.
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 e 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
spntinuously 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 twentv-four-hour period on not. prced-


I





T. 242]


OPERATION, MAINTENANCE, AND


GO VBRNMBNT


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,


brake shafts.-The


ladders,


various appliances


steps, x
for the


*oof


handholds,


protection


and


of train-


men on freight train cars, with reference to running 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 i


n the


- C


United


States,


shall


used


carriers


Canal Zone.


243.


Maintenance


appliances


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


244 of


Panama


this


Panama


title shall


Railroad, a


carrier


Railroad.-In
carefully obse
operating in t


particular secti
ved and obeyed


he C


anal Zone.


ions
by


NoTE.-With


cars
other


of January


used


respect


to the use of


the Government


territories under


1909,


provides as follows:


"All railroads


safety


appliances


of the United


its jurisdiction,


as amended


operated


cars


used


section


States


Executive order


on railroads operated


within


reservations


of the Executive order


the Government


March


1913,


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 order


(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 modified that the cars and
engines at yards and stations will be fitted with safety appliances only to


such e:


tent


approval
be deeme


as may,


the judgment


commandant,


of the Chief of the Bureau of Yards and Docks, Navy


d


necessary


or advisable."


subject


Department,


CHAPTER


13.-PARDONS


AND


FINES AND


REPRIEVES


AND


FORFEITURES


REMISSION


Section 261.


pardons


and


Authority


reprieves


and


Governor.-The


remit


fines


and


Governor may


forfeitures


0


grant
ifenses


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


1' t A 4 a ~a a S an. a a I


A


t


-- --w
w w





oflBM ,I, MMYTENANCEjAND GOVERNMENT


fT. 5 275


CHAPTER it-POSTAL SERVICE


alt Afplcatin of United Stata oU
lawi rules and regulations
272. Authority of Governor in respect
the service.
273. Defayingl expenses from revenues


atm!


30


See.
274. Rate of interest on deposit
a orders.
275. UTe of interest from money
funds deposited in banks.


money
order


Section 271. Application of United States postal laws, rules, and
reglations.-The postal serce of the Canal Zone shall be governed,
exce as otherwise provided it this chapter, by such of the laws,
ru ad regulations of the Postal Service of the United States as
amnt 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.
1 23a].)
COss-RoaRENNCBS


Extension to Canal Zone of United States laws and
crimes against the postal service, see title 5, section 111.
For the laws of the Postal Service of the United S1
tit st.


states,


see U.S


defining
L. Code,


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
estab ished;-
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
[UTJ.S. Code, title 48, see. 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
te of which for that purpose is authorized. (Feb. 16, 1933, ch.
89, see. 1, 47 Stat. 812 [U.S. Code, title 48, sec. 1323a].)
i274. Rate of interest on deposit money orders.-Deposit money
orders issued in the Canal Zone in lieu of postal savings certificates
cordance with rules and regulations heretofore established by
te President, or that may hereafter be established by him, shall
bear interest at a rate not exceeding 3 per centum per annum. (Feb.
I, 1933, ch. 89, sec. 2, 47 Stat. 812 [U.S. Code, title 48, sec. 1323b].)
Use of interest from money order funds deposited in
inks.--The interest received from the Canal Zone money-order
Aan hnil.. nnl anlor f al na varnlatirmnnc dhlll fnrm


4


regulations





T.2, 291]


OPERATION, MAINTENANCE, AND


GOVERNMENT


CHAPTER


15.-PROTECTION


BIRDS


AND


THEIR


NESTS


Sec.
291. Regulations for protection of birds and
their nests. *
292. Taking, disturbing, or killing birds or
taking eggs.


Violations of law or regulations; pun-
ishment.


Section 291. Regulations for protection of birds and their
nests.-The Governor of the Panama Canal shall:
a. Make and publish suitable regulations, from 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.)
Cuoss-RursncE
Carrying and keeping of arms, and hunting, see title 5, sections 871 to 877.


292. Taking, disturbing, or killing birds
person shall hunt, trap, capture, willfully di
of any kind whatever, or take the eggs of any
Zone, except in the form and manner permit
provided for by the next preceding section.
sec. 2, 47 Stat. 576.)


or taking eggs.-No
sturb, or kill any bird
bird, within the Canal
,ted by the regulations
(July 5, 1932, ch. 420,


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.


Section 301. Acquisition by Ui
Canal Zone.-The President is aul
order that all land and land under
Canal Zone is necessary for the cons
sanitation or protection of the Pa
by agreement when advisable, all cl
ants and occupants. Upon failure
any such parcel of land or land u
1 B I S" f l1


Sec.
303. Lease of public lahds; land survey.
304. Revocable licenses for lots in town
sites.


,ited States of title to land in
bhorized to declare by Executive
r water within the limits of the
struction, maintenance, operation,
mama Canal, and to extinguish,
aims and titles of adverse claim-
Sto secure by agreement title to
nder water the adverse claim or
.* .S.- t ^- -


I





OPERA TI


ON, MAINTENANCE, AND GOVERNMENT


303.


Lease


public


lands;


land


survey.--The


authorized to grant leases of the public lands
for such period, not exceeding twenty-five yea
terms and conditions as he may deem advisable.
shall be granted for a tract of land in excess of f
any person who shall not have first established,
such other proof as may be required, that such
of a family or over the age of twenty-one years,
cation for a lease is made in good faith for the
settlement and cultivation, and not for the benef
son whatsoever, and that such person will faithft


President


in the Canal Zone
irs, and upon such
No lease, however,
ifty hectares, nor to
by affidavit and by
person is the head
and that the appli-
purposes of actual
it of any other per-
tlly 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


308


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 therefore for its own use. (June 5, 1920, ch. 239, secs. 1
and2,41Stat.948.)





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
FERRIES


HIGHWAYS;


VEHICLES;


Art. Sec.
1. Regulations governing roads, high-
ways, and self-propelled vehicles_ 321
2. Operation of street-railway cars at
crossings -...----- - 331


Art. See.
3. Ferry and highway near Pacific en-
trance of Canal- -- ... .. 341


ARTICLE


1.-REGULATIONS GOVERNING ROADS,
SELF-PROPELLED VEHICLES


HIGHWAYS,


AND


Sec.
321. Authority of President
enforce regulations.


to make


and


Agreements with Panama for recipro.
cal regulations.
Violation of regulations; punishment.


Section 321. Authority of President to make and enforce regu-
lations.-Until otherwise provided by Congress, the President maj
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].)
Cboss-R_-mNcE


Offenses in relation to highways and automobiles,
507, 511, 512, 513, 525, 531, 551, 784, 785, 824, 825.


see also


title 5,


sections


322. Agreements
President may make
ama touching the re
and the Republic o:
taxes and license fee
lish comity for the c
tions. (Aug. 21, 191


with Panama for reciprocal regulations.-The
mutual agreements with the Republic of Pan-
ciprocal use of the highways of the Canal Zone
f Panama by self-propelled vehicles, touching
s, and any other matter of regulation to estab-
onvenience of the residents of the two jurisdic-
16, ch. 371, see. 3, 39 Stat. 528 [U.S. Code, title





OPBTIO N, MAIWNTENAMV, AND GOVERNMENT


AR LEH 1-OPERATION OF STRflT-RAILWAY
381. OperatIon at street, road, or street- 832. OperatIon
railway crossing. 8333. VIolation


[22,5342


CARS AT CROSSINGS

at railway crossing.
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
whisle when at least one hundred feet from the crossing and con-
tinuing to sound same until the crossing has been passed. (July 5,
1982, cn. 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 ull 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,
1982, ch. 424, sec. 2, 47 Stat. 577.)
333. Violation of article; punishment.--A violation of any of the
p 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
CANAL


NEAR


PACIFIC


ENTRANCE


See.
341. Maintenance of ferry
near Pacific entrance.


highway


See.
342. Regulations governing operation and
maintenance of ferry; punishment
for violations.


M41. 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-
ara 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
t inal of such ferry to a point at or near the town of Arraijan


t





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.)
Csoss-REFEENCES
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. Sec.
361. Radio equipment on vessels using ports 362. Violations; fines and recovery thereof.
and carrying fifty or more persons.
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].)
COoss-REFERENCE
Inspection of vessels, see sections 151 to 160 of this title.
362. Violations; fines and recovery thereof.-Any vessel leaving
44. a4n 4..^ ^ n a -S a 1-- an Cl /^- I 7 -- ~.__ - . ad- -- aa4 a- ^ -- .,*- a




OPERATION, MANTENANO, AND GOVERNMENT


[T.2,d 32


CHAPTER 20-SAnITATION,

371. Rules nd regulations in mitten of
sandtation, health, and quarantine.


HEALTH,


AND


QUARANTINE


See.
872. Regulations respecting practice of heal-
ing art.
873. 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
T mdify or change existing rules and regulations and those
heiroaer made from time to time. (Aug. 21, 1916, ch. 371, sec. 1,
89 Stat. 527; Feb. 16, 1933, ch. 92, 47 Stat. 818 [U.S. Code, title 48,
sec. 1310].)


CO3oS-IUzEBrENCES
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 'ail for not more than thirty days, or by both.
Each day such violation shall continue shall constitute a separate
of ense. (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


891, What laws applicable to seamen of ves-
sels of United States.


Sec.
392. Powers conferred upon shipping com-
missioner and deputies.


Section 391. What laws applicable to seamen o
United States.-The laws relating to seamen of vessels
States on foreign voyages shall apply to seamen of all
United States at the Canal Zone, whether such vessels be


f vessels of
of the United
vessels of the
registered or
gle.-CJ a


I





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. 871, sec.
9, 39 Stat. 529 [U.S. Code, title 48, sec. 1331].)
CHAPTER 22.-TAXES AND LICENSES


Sec.
401. Regulations for levying, assessing, and
collecting taxes.


Violation of such regulations; punish-
menrit.


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].)
OCoss-RrERwoES
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
who commits any act
in the Canal Zone wit
established under the
fine of not more than
than thirty days, or b
528 [U.S. Code, title 4


such regulations; punishment.-Any person
or carries on any business, trade or occupation
hout complying with the rules and regulations
next preceding section, shall be punished by a
$25, or by imprisonment in jail for not more
y both. (Aug. 21, 1916, ch. 371, sec. 5, 39 Stat.
:8, sec. 1314].)


CHAPTER 23.-TOLLS FOR


Sec.
411. Authority of President to prescribe
and change tolls.
412. Bases of tolls; maximum and mini-
mum rates.


USE OF CANAL


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
tolls.-The President is a
section next following, to
the tolls that shall be l1
States for the use of the
scribed as above shall be
a t tt
it. cnxrnni ym^r thobr I-'rnoCirlant^4


r of President to prescribe and
authorized, subject to the provisions
prescribe and from time to time
evied by the Government of the
B Panama Canal, but no tolls wh
changed unless six months' notice 1
k y-/., nrnnnnnrmi<4iv- L~iA nr 0iL 10 10) t


change
of the
change
United
n pre-
thereof





OPERATION, MAINTENANO AND GOVERNMENT


[T.2, 421


lYn based upo n et ei steered tonnage for ships of commerce
th ols 1h11 not exceed $1.25 per net registered ton, nor be less
thn 75 cents per net registered ton, subject, however, to the pro-
visions of article 19 of the convention between the United States
awdlthe 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 ce6s per net registered ton.
The toll for each passenger shall not be more than $1.50. (Aug.
24,1912, oh. 390, sec. 5, 37 Stat. 562; June 15, 1914, ch. 106, sees. 1, 2,
38 Sti, 885 [U.S. Code, title 48, see. 1315].)
Cuoss-RaramrO
Por 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 OGreat 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 traffic
through the same. (June 15, 1914, ch. 106, sec. 2, 38 Stat. 386 [U.S.
Code, title 48, sec. 1317].)
Onoss-Rflauvces
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,
-- .4 nfl. C'9ij < rvr Cl t1.. ii rtrl .... i -*rot ni %






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
freedom


From interference with


installations established by the
ch. 390, sec. 6, 37 Stat. 563 [U.S.


1


United


the wireless telegraphic
states. (Aug. 24, 1912,


Code, title 48, sec. 1323].)


CRoss-REniRENoE


For "The Act of Congress to regulate radio communication,"
Act of 1927, as amended (U.S. Code, title 47, sees. 81 to 119).


see the Radio












TITLE 3.-TE

cSec.


I'LL 00O)E


[E


CIVIL


[T. 3, 4


CODE


1. Preliminary provisionw ............. ...
Seasons -........ ...... .W ... .- ... ... ... ...
3. Personal rights.... ......................
4. Marriage...-.....- ............ ......---
5Divorce..... .............
8 jEIsbnd ajd wIfet_. ...- . aa..... -
7 Children by b6tIrh.1.. -..a-a---
& Obide by adoption ....... . .... ..
9, Guardian and ward.... .. . .. .. .. ... .
10. Foreign corporations generally_. -
I1. ~urities sales la-w...........----. .....
12. 16te of property.. ..... .. .. ..... ..
13. Owners of property ..... ...-.....- - -
14. Modhlcmationsof ownership ..............
I S. Nightsof o owners - -. -. a .. ----- a a
15. Termination of ownership...........
17. General definitions affecting property....
18. Personal property and particular kinds
therefO L-- - --a-- - -.. ..- -.. --. a
19. Modes in which property may be ac-

20. Acces--on---_ .................. .........
21. Transfer of property . .. ...... .. .. . ..
22.Proof and acknowledgment of instru-
ments ......... .. . .. .. .a. .....-
23. Execution and revocation of wills
24. Interpretation of wills, and effect of vari-
ous pof~.-o .ns_ .....-.............-. .....
25. General provisions relating to wills ......
26. SuCcesslonz...........----------.-.'a ..
27. Obligations in general .. ... .. .......
28. Nature of a antaract............ -....... -
29. Manner of creating contracts............
80. Interpretation of contracts...............a
381. UnIlawful -,r-cs. -.-a.._._ .. ._.... a
32. Extinction of contracts ......... .....-
33. Obligations imposed by law..............
34, Sales of goods .... .......................
35. Conditional sales ................ ........
36. Deposit in general .-- ------- - - a a - a
37. Depeal t for keeping.------- ---.---------


69. General provisions respecting negotiable
Instruments... .........--........ ......
70. General provisions affecting chapters 34
to 69....-...... ....--a .... ... .. -. ..
71. Relief in general...... . .. . ..... ... ..
72. Compensatory relief .......... ..........
78. Specific and preventive relief ..-.-....-...
74. Special relations of debtor and creditor...
75. Nuisance. - ..-... ..-.- . .. .. a . .. . .. .
76. Maxims of jurisprudence.......-.....-


Deposit for exchange .. .. .. . ... .
In ~~ a n..a a. a... a - . -
HIlring.. ----- --- a ..- -..-.- ..--.-
Service with employrnt__.......
Particular employme st .........-.
Service without empymen t... ..
Carriage in general ................
Carriage of persons.. ..... ...a.
carriage of property ......... ...
Carriage of mes-ges ..............
Common carriers..... ........._-.-
Trusts in general ..... .. .... ....
Trusts for benefit of third persons.
Agency In general .... .. ... ... .....
Factors -._.... --- ..... ...-..-. -
Partnership in general...........
General partnership .....
Special par tnership .... .._- ........-
Insurance in general -------.....- -
Fire insurance .. ..... ............
Life and health insuan e........
Indenuity aa----........... .......
Guaranty in general aa.. .-. .. -...-
Suretytship.. ... . ... . a ... ... ... .
Liens in general . .. .. .... .. .. .
Mortgage- ..-................. ....-.-.
Pledge....... ....... .......a..
Other liens ........... ..........a a
Negotiable instruments in general_
Bills of exchange -. ..-- ......---
Promissory notes and checks. --..


CHAPTER 1.-PRELIMINARY PROVISIONS


Name of title.
When this title takes effect.
Not retroactive.
Rules of construction.
Provisions similar to existing laws, how
construed.
Actions, etc., not affected.
Legal holidays.


Section 1.


Code of the Canal Zone.


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.


47 Stat.


1124.)


NoTa--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
reveal the existing civil code!"


- a a -
a. a a -
- a a a
- a- -
a. aa a. -
------
----. -
- a. -. ~
a a a -
a - -
----. -
- a - -
a. a.
- a. a. a
-- - -
a -. a
a a .a.
----. -
- -----
- - a a
- - a
a -a -
-. - -
- a -. e
-. ----.
a a. a
- a a a
- a - -
- -. -


Name of title.--This title shall be known as the Civil


(Feb. 27, 1933, ch. 128,


Bec.
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

22601
2611
2621
2681
2751
2801
2831





T.3, 5]


THE


CIVIL CODE


Zone respecting the subjects to which it relates, and its
to be liberally construed with a view to effect its i
promote justice.


provisions are
iects and to


5. Provision
visions of thi,
existing statut
as new enactm
6. Actions,
commenced be
affected by its
7. Legal ho
Canal Zone w
uary 1, Febru
November 3, T
day other than
following will
all public busi
8. Business
tion 7 of this
9. Computa
by law is to 1
including the
also excluded.


10.
of a
appo
day,
next
upon
11.


is similar
s title, so
es, must b
ents.
and so fo]
fore this
provisions


to existing laws, how construed.-The pro-
far as they are substantially the same as
e construed as continuations thereof, and not

rth, not affected.-No action or proceeding
title takes effect, and no right accrued, is
S.


lidays.-The following are the legal holidays in the
within the meaning of this title: Every Sunday, Jan-
Lary 22, Good Friday, May 30, July 4, Labor Day,
thanksgiving Day, and December 25. If a legal holi-
Sunday falls on the first day of the week, the Monday
be observed as a legal holiday. As far as practicable,
ness will be suspended on these days.
days.-All other days than those mentioned in sec-
title are to be deemed business days for all purposes.
tion of time.-The time in which any act provided
be done is computed by excluding the first day and
last. unless the last day is a holiday, and then it is


I


4/


4/i


SCertain acts not to be done on holidays.-Whenever any act
secular nature, other than a work of necessity or mercy, is
inted by law or contract to be performed upon a particular
which day falls upon a holiday, it may be performed upon the
business day, with the same effect as if it had been performed
the day appointed.
Words and phrases, how construed.-Words and phrases are


construed according to the cont
language; but technical words a
have acquired a peculiar and a
defined in section 12 of this tit
such peculiar and appropriate m


ext and the approved usage of
nd phrases, and such others as m
appropriate meaning in law, or
le, are to be construed according
leaning or definition.


the
lay
are
to


CROSS-REFERENCES
Similar provision, see title 4, section 7.
Technical words, how construed, 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





[T.3, 23


CROSS-Rr FouaN
Similar provision, see title 4, section 8.


13, Notice, actual and constructive.-Notice is:
1. Actual-which consists in express information
2. Constructive-which is imputed by law.


14. Constructive notice,
actual notice of circumstan
inquiry as to a particular
itself in all cases in which
have learned such fact.


a fact;


when deemed.-Every person who has
ces sufficient to put a prudent man upon
fact, has constructive notice of the fact
, by prosecuting such inquiry, he might


CHAPTER 2--PERSONS


21. Minors, who are.
22. Periods of minority, how calculated.
23. Adults, who are.
24. Unborn child.
25. Delegation of powers; minors.
26. Contracts by minors.
27. When minor may disaffirm.
28. Minor cannot disaffirm contract I
necessaries.
29. Minor cannot disaffirm certain ol
gations.


30. Contracts by persons with<
standing.
31. Contracts by persons of uns(
32. Powers of persons whose
has been adjudged.
33. Minors liable for wrongs,
liable for exemplary dam!
34. Minors may enforce their ri


ut


under-


)und mind.
incapacity


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
a 1! I A i* ,- ..,,


TEs CIVIL CODS


wtitlBr near it, by a person who writes his own name as a witness:
PIovide, 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;
8. The words personal property include money, goods, chattels,
things in action, and evidences of debt;
4. The word "month" means a calendar month, unless otherwise
expressed;
5. The word "will" includes codicil.


I





T.3, 24]


THE


GIVIL 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.
CROSS-REFERENCE


Posthumous children,
title.


right's


see sections 291,


650 of


25. Delegation of powers
nation of power, nor, undei
relating to real property, or
personal property not in his


; minors.-A minor cannot give
r the age of eighteen, make a c
any interest therein, or relating
immediate possession or control.


a dele-
ontract
to any


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.


minor


27. When
specified in s
if made whils
the minor hir
time afterwai
heirs or person
minor whilst
like manner
whom it was
28. Minor
cannot disaffi
value of thin
entered into b
able to provi<
29. Minor
disaffirm an
the express ai


30. Contracts
entirely without
any kind, but he
to him necessary


may


disaffirm.-In


cases


other


than


those


actions 28 and 29 of this title, the contract of a minor,
t he is under the age of eighteen, may be disaffirmed by
self, either before his majority or within a reasonable
rds; or, in case of his death within that period, by his
nal representatives; and if the contract be made by the
he is over the age of eighteen, it may be disaffirmed in
upon restoring the consideration to the party from
received, or paying its equivalent.
cannot disaffirm contract for necessaries.-A minor
rm a contract, otherwise valid, to pay the reasonable


igs ne(
)y him
de for


cessary for his support,
when not under the care
him or them.


or that of his family,
of a parent or guardian


cannot disaffirm certain obligations.-A minor cannot
obligation, otherwise valid, entered into by him under
authority or direction of a statute.


by persons without understanding.-A person
understanding has no power to make a contract of
is liable for the reasonable value of things furnished
for his support or the support of his family.


CROSS-REFERENCE
Contracts of insane persons, see sections 811 and 812 of this title.
31. Contracts by persons of unsound mind.-A contract of a
It *1* I 1 I 1. I J


i




THE CIVIL (lODE


[T. 3, 44


wafre any right, until his restoration to capacity. But a certificate
from the me dical 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-
mg 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.


Csoss-RrrninwE


Appearance of minor by


guardian, see title 4, sections 127, 128, and


CHAPTER 3.-PERSONAL RIGHTS


Sec.
41. General personal rights.
42. Defamation, what.
43. Libel, what.
44. Slander, what.
45. Privileged publications.


See.
46. Malice not inferred.
47. Personal relations forbid abduction and
seduction.
48. Right to use force.


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,
1. Libel;
2. Slander.


what.-Defamation


is effected


43. Libel, what.-Libel is a false and unprivileged
by writing, printing, picture, effigy, or other fixed repre
the eye, which exposes any person to hatred, contempt,
obloquy, or which causes him to be shunned or avoided, o
a tendency to injure him in his occupation.
COOSS-RamnCrom
Privileged publication, see sections 45 and 46 of this title.


publication
sensation to
ridicule, or
r which has


44. Slander, what.-Slander is a false anm


1 unprivileged


publica-





THE CIVIL CODE


requires, or
profession,
its profits;
4. Imput
5. Which


* by imputing something with reference to his
trade, or business that has a natural tendency to


s to
,by


office,
lessen


him impotence or a want of chastity; or
natural consequence, causes actual damage.


45.P
made-
1. In
2. In
author
trained i
an action
cerning
in such
making
tion unl
without
believin
allegatia
action.
3. In
therein,
in such
ground
or (3)
informa


rivileged


publications.-A


privileged


publication


one


the proper discharge of an official duty.
any judicial proceeding, or in any other official proceeding
zed by law: Provided, That an allegation or averment con-
n any pleading or affidavit filed in an action for divorce or
in prosecuted under section 116 of this title made of or con-
a person by or against whom no affirmative relief is prayed
action shall not be a privileged publication as to the person
said allegation or averment within the meaning of this sec-
ess such pleading be verified or affidavit sworn to, and be made
malice, by one having reasonable and probable cause for
g the truth of such allegation or averment and unless such
on or averment be material and relevant to the issues in such


a communication,
(1) by one who is
relation to the pe
for supposing the
who is requested
tion.


without malice, to a person interested
also interested, or (2) by one who stands
rson interested as to afford a reasonable
motive for the communication innocent,
by the person interested to give the


4. By a fair and true report, without malice, in a public
of (1) a judicial or (2) other public official proceeding, or
anything said in the course thereof, or (4) of a verified ch
complaint made by any person to a public official, upon
complaint a warrant shall have been issued.
5. By a fair and true report, without malice, of (1) the p
ings of a public meeting, if such meeting was lawfully cc
for a lawful purpose and open to the public, or (2) the publics
the matter complained of was for the public benefit.


journal
(3) of
arge or
which


roceed-
nvened
nation of


Coss-REFErENoCE
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.
* A a A 1 l A 5 '1


-The


T. 3, 45]





Sffl*VIL OODE


[T.%54


48. Right to use force.-Any necessary force may be used to pro-
itet from wongf l injury the person or property of oneself, or of
h wift, hband, child, parent, or other relative, or member of one's
fmily, or of a ward, servant, master, or guest.


CHAPTER &4.-MARRIAGE


l What constitutes marriage.
52, Marriage; how proved.
53. What marriages void without being so
deieiL,
54, fat marriages voidable.
5S. Annulment of marriage celebrated
elsewhere.
56 Jurisdiction of annulment suit; who
may institute suit.
UT. Legitmnacy of children of annulled
marriages.
58. Custody of children of annulled mar-
W|ages.
59. Effect of judgment of nullity
60. Capability of minors to contract mar-
riage.


01. 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) f 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
(83 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.)


0308 s-RWCN cm






T. 3, 55]


THE


CIVIL CODE


(3)
ble fr
4)
under
brated
(5)
the fe
(b)


If either party thereto is, at the time of the marriage, incapa-
om physical cause, of entering into the marriage state;
If, because of the age of either party thereto, a written consent
section 60 of this title was required, and the marriage was cele-
without such consent; or


If,
mali
A


the time of the
under fourteen
dable marriage


marriage,
years of
shall be


annulled, by judicial decree, as of the
1926, ch. 19, see. 9, 44 Stat. 927; Jan.
Feb. 27, 1933, ch. 128, sec. 40, 47 Stat.


the male is under seventeen or
age.
Held to be valid until it is
date of such decree. (Dec. 29,
22, 1927, ch. 52, 44 Stat. 1023;
1128.)


55. Annulment of
riage celebrated outsic
may be annulled in t
though it had been c<
shall have resided in t
before and a period of
(b) A suit to have
Zone declared void or
district attorney of th
of the Canal Zone. (Z


marriage
e of the
he same
celebrated
the Cana
thirty d
my such
annulled
e Canal


Dec.


e celebrated elsewhere.-(a) A mar-
Canal Zone may be declared void or
manner and with the same effect as
in the Canal Zone if the petitioner
l Zone within a period of thirty days
ays after the date of such marriage.
marriage celebrated outside the Canal
Smay, in addition, be instituted by the
Zone in the name of the Government


, 1926, ch.


19, sec. 10, 44 Stat. 928; Feb.


27, 1933, ch. 128, sec. 41, 47 Stat. 1129.)


56. Jurisdiction of annulment sui
(a) The district court shall have ju
marriage declared void or annulled.
(b) In the case of a male under
eighteen years of age such suit may
friend or by a parent or guardian.
lunatic such suit may be instituted thi
(c) No suit to have a marriage an
person who, when fully capable of
into such marriage willfully and w:
stances rendering such marriage voi
sec 11. 44 Stat. 928: Feb. 27. 1933, ch


7


t; who may
risdiction of

twenty-one or
be instituted
In the case


institute
a suit to


suit.-
have a


a female under
through a next
of an idiot or a


oughh a next friend.
nulled may be instituted


contr
ith k]
able.
S128,


acting m
knowledge
(Dec.
sec. 42, 4


marriage,
of the
29, 1926,
67 Stat. 1


'


entered
circum-
ch. 19,
129.)


57. Legitimacy of children of annulled marriages.-A judgment
of nullity of marriage does not affect the legitimacy of children
begotten before the judgment.
CROSS-REFERMNCES


Divorce as affecting legitimacy
Legitimate children, who are, see
Legitimacy of children of annull


of children, see section 118 of this title.
sections 162 and 164 of this title.
ed marriage, see section 634 of this title.


/





THE
59. Efect of judgment of
marriage rendered is conelusi
action and those claiming und


Etfect of decree of divorce, see se
60. Capability of minors ti
proided in subdivision (b),
or a female under eighteen
marriage in the Canal Zone.
(b) A male seventeen years
years of age, or a female fou
eighteen years of age, may en
consent of his or her natural
having custody of such male o


or oone o
her family,
appointed
consent. (
clh. 128, se8.


f such parents if th
or has been adjudg
guardian if there
Dec. 29, 1926, ch. 1
46, 47 Stat. 1129.)


CIVIL CODE


nullity.--A judgment
ire only as against the
er them.


of nullity of
parties to the


se-Rinaun


action 117 of this title.
o contract marriage.- (a) Except as
i male under twenty-one years of age
years of age may not enter into a


of age or over and under twenty-one
teen years of age or over and under
Lter into a marriage with the written
or adopted parents, or of the parent
r female if such parents are divorced,
e other is dead, or has deserted his or
ed insane or a lunatic, or of a legally
is no parent qualified to give such
9, sec. 12, 44 Stat. 928; Feb. 27, 1933,


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:
And 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 therefore 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
clerks 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
(2)


married;
The relationship, if any, of such


persons,


consanguinity


,






T.3, 62]


THE


CIVIL CODE


(e) The c
license to ma
all applicati
parents or a


paying the
as other feel
44 Stat. 928
128, sec. 47,
62. Who
riages.-(a)
by-


lerk shall be paid a fee of $2 upon the issuance of a
Lrry, and shall keep a record of all licenses issued and of
ons for licenses, together with any written consent of
i parent or guardian or the chief health officer accom-
same. Such fee shall be disposed of in the same manner
s received by such clerk. (Dec. 29, 1926, ch. 19, sec. 13,
; Jan. 22, 1927, ch. 52, 44 Stat. 1023; Feb. 27, 1933, ch.
47 Stat. 1130.)
may celebrate marriages; license to celebrate mar-
A marriage may be celebrated in the Canal Zone only


(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 su
such
The
such
other
Stat.


division (a) 1
minister is qu
clerk shall be
license. Such
Sfees received
929; Feb. 27,


o j
ali
pa
fe
by
193


.. .... .~ - .. . . ... -. ..- ---- - --
any such minister if such clerk is satisfied that
fied to celebrate marriages in the Canal Zone.
id a fee of $2 for issuing and recording any
e shall be disposed of in the same manner as
such clerk. (Dec. 29, 1926, ch. 19, sec. 14, 44
13, ch. 128, sec. 48, 47 Stat. 1130.)


63. Certifying, signing, return,
riage certificate.-(a) The judicial
marriage shall-


(1) certify upon the mi
riage, giving his official
such marriage was celebr
(2) Cause two persons
names on the marriage lic
residence;
(3) At the time of the
certificate accompanying
parties to the marriage; a
(4) Within thirty days
license, so certified and wil
(b) Upon return of a


rk shall file


the


Lrriage lice
title and t
ated;


who
ense


and recording of license; mar-
officer or minister celebrating a

nse that he celebrated such mar-
;he time when and place where


witnessed the marriage to sign their
as witnesses, each giving his place of


marriage
the licen
nd
after the
tnessed, toc
license as


same aftei


mak


e,
sec


fill out and sign
and deliver it


marriage
ie of the


date of the marriage, return such
the clerk who issued such license.
required in subdivision (a), the
ing registry thereof in a book to


cle


*


b


i





TE CJ01IVIL CODE [T. 8,68

ine of not more than $25, or by imprisonment in jail for not more
than thirty days, or by both.
(b) Any Verson who knowingly makes or causes to be made any
i se oath as to any material matter for the purpose of procuring or
siding another to procure a marriage license shall be guilty of per-
jury ad shall be punished by imprisonment in the penitentiary for
not more than ten years.
(c) Any person who knowingly files or causes to be filed with the
clerk a written consent, any signature to which is a forgery, shehall
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 quahfied 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, 1983, ch. 128, sec. 50, 47 Stat. 1131.)
d **.*> ^-^_ ^ J 3k


65. Declaration where there is no record
solemnization of a marriage heretofore co
exist, the parties may join in a written declar
substantially showing:
(1) The names, ages, and residences of the
(2) The fact of marriage.
(3) That no record of such marriage is
declaration must be subscribed by the part
least three witnesses.


1.-If no record of the
ntracted, be known to
action of such marriage,

parties.


known
ies and


to exist.
attested


Such
by at


66. To be acknowledged and recorded.-Declarations of marriage
must be acknowledged and recorded in the office of the clerk of the
district court.


7. Either
either party
declaration t
trict court, i
declared.


party


hereof,
;o have


may proceed to
marriage denies
, the other may
Sthe validity of


test validity of marriage.-If
the same, or refuses to join in a
proceed, by action in the dis-
Sthe marriage determined and


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.
1- Causes for divorce._.......


See. j Art. Sec.
71 3. General provisions___._....._ 111I






THE


CIVIL CODE


ARTICLE 1.-OAUSES FOR DIVORCE


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.


See.
79. Consent to separate revocable.
80. Desertion, how cured; effect of refus-
ing condonation.
81. 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
riage has been, or hereafter may be, c
tween any two persons, and it shall be E
inafter provided, (1) that either party
sequent to the marriage except as here
willfully deserted and absented herself
or wife without any reasonable cause I
(3) has been guilty of willful neglec
willful failure of the husband to provi
of life, he having the ability to do so, (


by reason of voluntary idleness,
case continued for a period of (


habitual


drun


tempted the li
has been guill
the marriage,
party to obtai
in the district
Feb. 27, 1933,


i every case in which a m
ontracted and solemnized
adjudged, in the manner h
has committed adultery
inafter provided; or (2)
or himself from the husb
For a period of two years
t which shall consist of


e for
r the


profligacy,


)ne year


; or


kenness for the space of t
ife of the other by any meai
by of extreme cruelty; or (
convicted of felony, it shall
n a divorce and dissolution
court. (Sept. 21, 1922, ch.
ch. 128, sec. 60, 47 Stat. 1132


wo
)IS
7)


374


iar-
be-
ere-
sub-
has
and
; or
the


his wife the necessaries
willful failure to do so


or dissipation, in either
(4) has been guilty of
I years; or (5) has at-
showing malice; or (6)
has been subsequent to
a lawful for the injured
such marriage contract
0, sec. 12, 42 Stat. 1008;


.a)


72. Adultery defined.-Adultery
course of a married person with a


husband


is the
person


voluntary
other than


sexual inter-
the offender's


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 wife, 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.


7_ In onca nf qtfragtnrai nr frnail who rommiQts Ap


'rtinn


T. 3, 71]





THE C1VlL CODE


pr.8,g84


harm from which danger would
the other, is not desertion by the
by the other party.


be reasonably
absent party,


apprehended from
but it is desertion


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.
CBOBSS-REFERENCES
Agreement for separation, see section 135 of this title.
Coaent revocable, see section 79 of this title.


78. Absence becomes desertion, when.-Absence or
proper in itself, becomes desertion whenever the intent
fixed during such absence or separation.


separation,
to desert is


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 refusalshall 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 plae
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
infliction of grievous bodily iniurv. or grievous


is the
mental


wrongful
stilm ffeCin c






THE CIVIL CODE


ARTICLE 2.---CAUSES FOR DENYING


DIVORCE


Divorces den
Connivance,
Corrupt cons
Collusion, wi


led, on showing what.
what.
ent, how manifested.
lat.


Condonation, what.
Requisites to condonation.
Condonation implies what.
Evidence of condonation.
Condonation; can only be made when.
Concealment of facts in certain cases
makes condonation void.


Sec.
101. Condonation, how revoked.
102. Recrimination, what.
103. Condonation; when to bar defense.
104. Divorce, when denied.
105. Lapse of time establishes certain pre-
sumptions.
106. Presumptions may be rebutted.
107. Limitation of time.
108. Residence of plaintiff in suit for
divorce.


91. Divorces denied, on showing what.-Divorces must be denied
upon showing:
1. Connivance;
2. Collusion;
3. Condonation;
4. Recrimination; or
5. Limitation and lapse of time.
CROSs-REFERENES


Connivance,


see section 92 of this 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. Cc
party to


nnivance,


what.-Connivance is the corrupt consent of one


commission


acts


other,


constituting the


cause of divorce.


Corrupt consent, how manifested.-Corrupt consent is mani-


tested by passive permission, with intent to con
procure the commission of the acts complained of.


Dive


at or


actively


94.
and


Collusion,


wife


that


what.-Collusion is an agreement between husband


them


shall


commit,


or appear


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.


.5.


C)


Condonation,


what.-Condonation is the conditional forgive-


ness of a matrimonial offense constituting a cause of divorce.


CROSS-REFERENCES
Revoking condonation, see section 101 of this title.
Condonation of a recriminatory defense, see section 103 of this title.


Requisites


condonation.-The


following requirements


T.3, 91]


-


w


V


Wl V





THE CIVIL ODE


[T.3, 106


,98. idence of edadonat on.- Where the cause of divorce con-
sof a course of offensive conduct, or arises, in cases of cruelty,
from excessive acts of ill treatment which may aggregately, consti-
tut the offense, cohabitation, or passive endurance, or conjugal
kindess, 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
cansw 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 condone commits acts constituting a like or other
cause of divorce; or
2. When the condone 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.-Recrimination 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.
(1)
within
after i
(2)
corn me
the ter
(3)
before


Divorce,


when


denied.-A


divorce must be denied:


When the cause is adultery and the action is nc
two years after the commission of the act of
ts discovery by the injured party.
When the cause is conviction of felony, and the
.nced before the expiration of two years after
mination of the period of sentence.
In all other cases when there is an unreasonable
the commencement of the action.


)t commenced
adultery, or


action is not
a pardon, or

lapse of time


Tn nan


nf limo natsnhliha~ rArtnin nranmntin-na-.TTnoa..


in.


.





T. 3, 107]


THE


CIVIL CODE


107.


Limitation


commencing


time.-There


actions


divorce


, except


no limitations


such


as are


of time
contained


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


employment,
the Canal Z


resid
shall,
ne for


181 to 183, 203, 228
she may not have a
Zone.


(b)
resided


before
duly
least t


therein


during such


for the


purpose


residence


of any
deemed


occupation or
a resident of


Sthe purpose of this chapter and sections 152,
, and 2155 of title 4, notwithstanding that he or
,cauired a permanent domicile within the Canal


A.


No plaintiff shall be entitled to a divorce who has not actually
Sin the Canal Zone continuously during the whole year next
the filing of his or her complaint, which residence shall be
roven by the plaintiff to the satisfaction of the court by at


wo


plaintiff
plaintiff


witnesses


shall


Swho
with


are
the


which he or she shall state


in the Canal Zone


place or


residents
complaint


length
places


Canal


or her


of time
where ]


Zone;


own


and


affidavit


plaintiff has
ie or she has


resided
resided


for the last preceding year, and
21, 1922 ch. 370, sec. 13,42 Stat.


Stat.


his or her office or occupation
1008; Feb. 27, 1933, ch. 128, s


. (Sept.
ec. 91, 47


1135.)


CROSS-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


113. Alimony pending suit.
114. When bill is taken
default.
115. Maintenance by husba,
denied.
116. Action for permanent
117. Effect of divorce in g
118. Legitimacy of children
119. Interlocutory order a8
from; final decree
120. Alimony and mainten


confessed


nd where divorce
support of wife.
general .
1.
nd appeal there-
of divorce.


ance; care,


tody, and support of children.


cus-


121. Court shall resort to what, in execut-
ing certain sections.
122. If wife has sufficient 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.
125. Same.
126. Compelling conveyance of property be-
longing to other spouse.
127. Resumption of maiden or former hus-
band's name.
128. Decrees and orders prior to Septem-
ber 21, 1922, legalized.


111. Marriage, how dissolved.-
(1) By the death of one of the I
(2) By the judgment of a court o
a divorce of the parties.


-Marriage
parties ; or


is dissolved


only:


competent jurisdiction decreeing


iflfl es-a -.-. s-C


dS
d


0


A.


)


~~.1 -


I-




T orIVL CoL S


divorce, the


by the hi Ih
of agvb. mo
the pendenc
proper. (S
ch. 128, sec.


[TJ I 1160


the pealn of the suit sudh bum o 'uk of m0nej
her to mainin a defend the suit; and in evety suit for
.wife, when it is just and equitable, shall be entitled to
ring, the p endency of theq And in case of appeal
Md, the district court may grant and enforce the pa eut
ney for her defense and such equitable alimony during
y of the appeal as to the court shall seem reasonable and
ept. 21,1922, ch. 8370, sec. 20,42 Stat. 1010; Feb. 27,1933,
94, 47 Stat. 1136.)


COBOss-RSarwcBN
Property resorted to in executing this section, see section 121 of this title.
4. en 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, arid that the 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
judgment of divorce is denied, the court
vorce, provide for the maintenance by the
children of the marriage, or any of them.


divorce denied.-Though
may, in an action for di-
husband, of the wife and


CROSS-REFERENCES


Alimony generally, see section 120 of this title.
Property resorted to in executing this section, see section 121 of this title.
t16. Action for permanent support of wife.-When the husband
willfullHy 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 fTr 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 therefore 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 community property
1 T'I -. 1. 1 i ^ i T l t.._ t^ ,--2t L-^ A





T. 3, 117]


THE CIVIL OODE


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, see. 18, 42 Stat. 1010; Feb. 27, 1933, ch. 128, sec. 99, 47 Stat.
1137.)
CRoss-R-FEmNcES


Issue of marriages
title.
Legitimacy of chili


dissolved


ren


divorce legitimate,


of annulled


marriages,


see section


see section


57 of


134 of
this


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 such 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 whose favor such interlocutory
order was entered, shall enter a final decree granting a divorce. If
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.)


Alimony


children.-
order touci
custody, an
circumstan
reasonable
defendant
tenance, or
nance in ai
11 .1


and maintenance;


care,


When a divorce shall be dec:
ling the alimony and main
id support of the children,
ces of the parties and the
and just, and in case the wi
to give reasonable security
may enforce the payment
iy other manner consistent


reed
enan
or a:
natu
fe be
for


custody,


and support of


the court may x
ice of the wife,
ny of them as,
ire of the case
Plaintiff, may
such alimony a


nake such
the care,
from the
, shall be
order the
id main-


of such alimony and mainte-
wivith the rules and practice of


120.


q





YE
L


W CIVIL OODEB


[T.B,128


not personally served with summons or does not voluntarily appear.
(Sept. 21 1922, ch. 8370, sec. 20, 42 Stat. 1010; Feb. 27, 1988, ch. 128,
ac. 101,47 Stat. 118T.)
SOBms-RmEEmm
Propey resorted to in executing this section, see section 121 of this title.


121. Court shall resort to what
In executing sections 118,115, 116
resort:
1. To the community property;
2. To the separate property of t2
122. If wife has sufficient for
allowance.-When the wife has e:
community property sufficient to
port, the court, in its discretion,
her out of the separate property of


, in executing certain sections.-
and 120 of this title, the court must

then,
he husband.
her support, court may withhold
either a separate estate, or there is
ive her alimony or a proper sup-
may withhold any allowance to
the husband.


123. Community and separate property may
support and educate children.-The community
separate property may be subjected to the support
the children in such proportions as the court deems


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
court, upon granting
mony, may allow h
any former husband
V^L0'7 IOQQ 10


r
I:.
a


of maiden
to a woman
r to resume
(Sept. 21,
I n Ir*.-AQ A


or former husband's name.-The
a divorce from the bonds of matri-
her maiden name or the name of
1922, ch. 370, sec. 20, 42 Stat 1010;
r C^+11QQ \


be subjected
property and
and education
just.





T. 3, i 131]


THE


CIVIL CODE


CHAPTER 6.-HUSBAND


AND


WIFE


131. Mutual obligations of
wife.
132. Rights of husband, as 1
133. In other respects their
arate.
134. Husband and wife m
tracts.
135. Husband and wife; pro
136. Consideration for agrn
aration.
137. May hold property ho'
138. Separate property of t
139. Separate property of tt
140. Property acquired afte
141. Inventory of separate
wife.
142. Filing inventory notice
143. Community property;
wife.


husband


and~


head of family.
Interests sep-


make


con-


perty relations.
cement of sep-


w.
he wife.
ie husband.
r marriage.
e property


of wife's title.
contracts by


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 marriage.
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
fidelity, and support.


other obligations of mutual respect,


CROSS-REFERENCES


Abandonment or omission
section 441.
Mother aiding in support o
Husband's support of wife,
Wife's support of husband,


to provide for wife,


as misdemeanor, see title 5,


f children, see section 166 of this title.
see sections 150 and 151 of this title.
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.
OCROSS-RErENCES
Parent changing residence of child, see section 183 of this title.
Husband's selection of dwelling place, etc., see section 81 of this title.


133. In other respects their intere
band nor wife has any interest in the
neither can be excluded from the other's


sts


prc


separate.-Neither
)perty of the other,


hus-
but


dwelling.


134. Husband and wife may make contracts.-Either hi
or wife may enter into any engagement or transaction with the
or with any other person, respecting property, which either
if unmarried; subject, in transactions between themselves,


general rules
dential relati
of this title o


which contrc
ons with eaci


n tr


r.Usts


the actions of persons occupying
other, as defined by chapters 49


I


isband
other,
might
to the
confi-
nd b0


135. Husband an


LI


d wife; property


relations.-A husband u


md




FDM CIVIL ClOD


(T.3, 148


136.. ConideratIon for agree ment 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 community
property.
138. Separate property of the wife.-All property of the wife,
owned by her before marriage and that acquired afterwards by gift,
be uest, 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.


C0OSS-RBEERENCES
Community 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
s w married woman, in good faith and for a valuable consideration.
CzOss-RlErmNc
See, also, section 280 of this title.


141. Inventory of.separate property of wife.-A
plete inventory of the separate personal property of
be made out and signed by her, acknowledged or


full and (
the wife
proved in


2om-
may
the





T.3, 3 144]


THE CIVIL CODE


marriage,
husband.


unless


secured


mortgage


thereof


executed


Cuoss-RmrrnmN as


Debts of wife, see sections 146, 147, and 150 of this title.
Community property is liable for husband's debts, see
title.
Necessaries furnished wife, see section 150 of this title.


144.


section 149 of


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
erty.-The earnings and accumulations of the wife, while
living separate from her husband, are her separate property.


prop-
she is


146.


Liability for


debts


wife


contracted


before


marriage.-


The separate property of the husband is not liable for the debts of
the wife contracted before the marriage.


Liability o


erty of the wife is
her marriage, but
That the separate
debts contracted b
furnished to them
Proved, That t
apply to the separl
her marriage or a
than by gift from


148. Married
married woman
husband shall n
be jointly liable


f separate property of wife.-The separate prop-
liable for her own debts contracted before or after
is not liable for her husband's debts: Provided,
property of the wife is liable for the payment of
y the husband or wife for the necessaries of life
or either of them while they are living together:
ie provisions of the foregoing proviso shall not
ate property of the wife held by her at the time of


squired by he
the husband,


r by devise, succession, or gift, other
after marriage.


woman's torts.-For civil
, damages may be recovered
ot be liable therefore, except
with her if the marriage did


injuries committed by a
from her alone, and her
in cases where he would
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-R FEENCOES


147.





'WI CL(1ODE0


[T. 8, 161


supply her with articles necessary for her support, and recover the
reasonable value thereof from the husband.

Ab~ndo9n4nt ox omission to provide for wife, as misdemeanor, see title 5,
..-^ -< ^^l~'B :^,* jR ltl 1 rll. . : ''


151 Husbnd not liabl
saddned by is wife is


t' retulrunless she was j
him; nor iv he liable for
Sfrom him, by agreement,
agreement.


(
1


lit When wit
te husband when
rty, when he has
)ronerty. and he


a a Vt


.5 1~


e when abandoned
not liable for her sl
ustifid, by his misc
her support when


un!es


such


support


by
uppo'
,ondui
she i


ife.-A husband
rt until she offers
ct, in abandoning
s living separate
stipulated in the


e must support usThe wife must support
i he has not deserted her, out of her separate prop-
no separate property and there is no community
is unable, from infirmity, to support himself.


~JfltIfl0LI.CaEfl.flflL~tiEa


at oblgations of sup ort, see section 131 of this title.


J I


153. Rights of husband and wife governed by what.-The prop-
ryrg3t iof husband and wife are governed by this chapter,
l~ese there is t marriage settlement containing stipulations contrary
h :X */ : I'A f lj ^ j^^J


thereto.
'4. )&rfage
'".' ll .-^ a'1


traots tor mi
the pary tos
writing; and
ch pier oef


settlement


rriage settlem
be charged o:
acknowledged
this title.


contracts,


ents


r


must


by his agent
or proved in


how


executed.-All


n writing;
thereunto
the manner


con-


subscribed by
authorized in
prescribed in


155 Viurs may make marriage settlements.-A minor capable
of contracting marriage may make a valid marriage settlement.


CHAPTER 7.-CHILDREN BY BIRTH


161. Legitimacy of I;
with husband
162. Legitimacy of
lock.
163. Legitimacy of c
solution of n
164. Who may dispu


ssuane of wife cohabiting
children born In we4-
hildren born after lis-.
aarriage.
ite the legititay of a


child.
When child becomes legitimate.
Obligation of parents for the sup]
and education of their children.
Custody of minors.
Husband and wife living separ
neither to have superior right
custody of children.


: '
port

ate,
to


Remedy for parental abuse.
When parental authority ceases.
Remedy when parent dies without pro-
viding for the support of his child.
Reciprocal duties of parents and chil-
dren in maintaining each other.
When parent is liable for necessaries
supplied to child.
When parent is not liable for support
furnished his child.
Husband not bound for the support
of his wife's children by a former


marriage.
180. Compensation and sup
S child.


port


of adult


*





T. 3, 162]


162.


THE


Legitimacy of


CIVIL CODB


children born in wedlock.-All children born


in wedlock are presumed to be legitimate.
OBOSs-RErEENCES
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


children


born


after


dissolution


mar-


riage.-All children of a woman who has been married, born within


ten months after the dissolution of the marriage,
legitimate children of that marriage.


164.


are presumed to be


Who may dispute the legitimacy of a child.-The presump-


tion of legitimacy
the descendant of


can be disputed
one or both of I


may be proved like any other fact.


only


them.


by the husband or wi
Illegitimacy, in such


fe, or
case,


165.


When


child becomes legitimate.-A


child born before


wed-


lock becomes legitimate by the subsequent marriage of its parents.


166.


Obligation


parents


support


and


education


their children.-The parent entitled to the custody of a child must
give him support and education suitable to his circumstances: Pro-
vided, That if a child has earnings of his own sufficient therefore 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.


CROSS-REFERENCE


Abandonment or omission
section 441.


to provide for child, as misdemeanor,


see title 5,


167.


Custody


of minors.-The


unmarried minor child are equally


ices.
take


either the


the custody


father and mother of a legitimate


entitled


father or mother be dead


or has


abandoned


entitled to its custody and services.


or her


> its custody and serv-
or unable or refuse to


family,


other


CROSS-REFERENCES
A n4*n -O/..- Sa4-^ J .1,13 S- .LflA2^ ,aa Or 4flf l aS t^2r A1it





THE CIVIL ODB


46>9. W bsun h
pentrol of ebidri
a divorce, the hi
exclusive control
court may, during,
ing thereof, or a:
thp support, cjre
iarhage, as
right of the pa
any o ft"i T
may at any time
decree, as the nat
the children, ma


[T. 3, 5 176


band Or wife may bring action for the exclusive
en; decree in such cases.-Without application for
uiisband or the wife may bring an action for the
of the children of the marriage; and the district
g the pendency of such action, or at the final hear-
fterwards, make such order or decree in regard to
, custody, education, and control of the children of
may be ust, and in accordance with the natural
rents and the best interests of the children, and
thereafter amend, vary, or modify such order or
aral rights and the interests of the parties, including
r require.


170. Custody of illegitimate child.-The mother of an illegiti-
mate unmarried minor is entitled to its custody and services.


O~AB-RWA=NcN


hIneritance 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,
fot its past or future support and education, on such conditions as
>may be proper whenever such direction is fer its benefit.
172. Parent cannot control property of child.-The parent, as
suh, has no control over the property of the child.
173. Remedy for parental abuse.-The abuse of parental author-
jty is the subject of judicial cognizance in a civil action brought by
the child, ory relative within the third degree, or by the district
attorney of the Canal Zone; and when the abuse is established.
the hi may freed from the dominion of the parent, and the
duty of support and education enforced.
COs-RuErnRNCES
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 Xpon the appointment, by a court, of a guardian of the person
eta. dild"
s Upon the marriage of the child; or
3. Upon its attaining majority.
175. Remedy when parent dies without providing for the sup-
Dort of his child.-If a parent chargeable with the support of a child





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.
CROSS-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.
caoss-RrEFEIEOE
Infant liable on contract for necessaries, see section 28 of this title.


178. When parent is n
A parent is not bound to
for the voluntary suppo
compensation, nor to co
child who has abandoned


ot liable fo:
compensate
rt of his cl
mpensate a
the parent


r support furnished
e the other parent, o
hiild, without an ag
stranger for the si
without just cause.


his child.-
>r a relative,
reement for
support of a


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
- . j S* -m - S. S -*


his family and supports
parent, and, where such
their support, nor he to t
180. Compensation an
after attaining majority
by the parent, neither
absence of an agreement


them, it is presumed that he does so
is the case, they are not liable to him
them for their services.


ad support of adult
r, continues to serve
party is entitled to
therefore.


as a
for


child.-Where a child,
and to be supported
compensation, in the


181. Parent may relinquish services and custody of
parent, whether solvent or insolvent, may relinquish
the right of controlling him. Abandonment by the pi
sumptive evidence of such relinquishment.


child.-The
to the child
trent is pre-


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.


CUOSS-REFERLNCE


]
[





THE' CIIL OODE


[T.,1f 1


d rit 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-
lwly insane or intemperat e, 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 suitablee prson 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


stepfather.-A


resident


Canal


being the husband of any woman who has a minor child b
ceased husband, may petition the district court for leave t
suc minor child and for a change in the name of such ch
the written consent must be given to the adoption by the
of the age of fourteen years, and by the mother of such
she is not hopelessly insame or intemperate, or if such m
hopelessly insane or intemperate, then by the legal guardian
child, or if there is no such guardian, then by a discreet and
person appointed by the court to act in the proceedings as
friend of such child.


Zone,
a de-


o adopt
ild; but
child, if
child, if
other is
of such
suitable
the next


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
child is adopted
by such order,
respect to the ch
tions of obedience
shall be to all i


the order.-The natural parents, except when such
under the provisions of section 192 of this title, shall,
be divested of all legal rights and obligations in
ild, and the child shall be free from all legal obliga-
:e and maintenance with respect to them. Such child
ntents and purposes the child and legal heir of the






T.3, 201]


THE CIVIL CODB


it as


such


family,
thereby


with


and


the consent


otherwise


adopts it as su


of his


treating it a-
ch; and such


wife,
3 if ]


were


is married,


into


a legitimate


child is thereupon


deeme


all purposes legitimate from the time of its birth. The I
provisions of this chapter do not apply to such an adoption.


child,
d for


!oregoing


COSS-REFERENCwE
Affecting inheritance, see section 634 of this title.


CHAPTER 9.-GUARDIAN


AND


WARD


Guardian,
Ward, wha
Kinds of g
General gu
Special gua
Guardian;
so forth.


what.
t.
uardians.


ardian, what
rdian, what.
appointment


207. Appointment by will or deed of
guardian.
208. Rules for awarding custody of minor.


209. Relation confidential.
210. Guardian under direction of court.
211. Death of a Joint guardian.
212. Removal of guardian.
213. Guardian appointed by parent, 1
superseded.
214. Suspension of power of guardian.
215. Release by ward.
216. Guardian's discharge.


Cnoss-Rnnmwm


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


General; or
Special.


Cxoss-RxnrrBrNozs


Testamentary guardians,
Guardians ad litem, see 1


see section 207 of this title.
title 4, sections 127 and 128.


204.
of the


General guardian,


person


or of


Zone, or of both.


what.-A general guardian is a guardian
a property of the ward within the Canal


205.


Special guardian,


what.-Every other is a special guardian.


206.
of the


Guardian; appointment by will, and so forth.-A guardian
person or estate, or of both, of a child born, or likely to be


born, may be appoi
death of the parent
1. If the child be
nPf thA mnfthor nr. h


nted by will
appointing:
legitimate, by
I? thcipr no' T


or by deed,

the father,


'It


to take effect upon


with the written consent


r tho nthnr ha Aoad A- inrnnihla


ft


*





THE b7JVIL 00DB


E'L8~I21Z


i. It insane or incmpetent 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
eitbte ar nt if the other be dead or incapable of consent.
"2If 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
cutody 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 determine 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;
8. Of two persons equally entitled
preference is to be given as follows:


to the custody in other respects,


(1) To
(2) To
(3) To
fund to be
(4) To
,4. An
the abihty
of fourtee


a parent;
one who was indicated by the wishes of
one who already stands in the position
applied to the child's support;
a relative.
parent who knowingly or willfully aba
so to do, fails to maintain his minor ch
n years, forfeits the guardi ship of su
n years, nr is~ eh< oa ~'a'ni'f f% CsuP


I deceased parent;
of a trustee of a


radons, or having
ild under the age
h child.


CItoes-RnnuNcu


Respedlve rights of parents,


see section


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
and disposition of the person or property committed
i zmay be regulated and controlled by the court.
211. Death of a joint guardian.-On the death
more joint guardians, the ower continues to the
further appointment is made by the court.


the management
to him, a guard-


of one of two or
survivor until a






T.3,213]


THE CIVIL CODE


5. For having an interest adverse to
his duties;


the faithful


performance of


6. For removal from the Canal Zone;


In the case of a guardian of the property, for insolvency; or
When it is no lonster uroer that the ward should be under


A A


guardianship.


CROSS-RErmRENOE


Removal of guardian,


see title 4, sections 1693 and 1812.


213.


Guardian


appointed


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.


CROSS-RFEUENC


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. If 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.
COROSS-REFERENCE


Marriage of ward


terminates guardianship,


see title 4,


section 1813.


215.


Release


ne may settle acI
which is valid if


Ii'


by ward.-After a


counts


with


obtained


fairly


ward has come


guardian


and


and


give


his majority,


him


a release


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.


COsas-RUaNaoss


Discharge of guardian, s
Resignation of guardian,


ee title 4, section 1813.
see title 4, section 1812.


CHAPTER 10.-FOREIGN


CORPORATIONS GENERALLY


Application for license to dc
accompanying papers; ]
agent; filing fee.
Insurance companies to file
documents and deposits.
Insurance companies to file


business;


~ro


cess


additional
statement


Transacting business without 1
how punished; contracts void.
Same; loss of benefit of limr
laws.


icene,
station


License under chapter 11 sufficient.
"Corporation" includes joint stock


fla-tfl nO llaa


221.

222.
223.


w-- w --





THE CIVIL OODE


[T. s, 22


under the laws of any State or Territory of the United States or
of any foreign country shall do business in the Canal Zone or main-
tain an office therein until it shall have field with the executive
secretary of the Panama Canal:
(a) ap location 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 by
charter or statute or legislative or executive or governmental act,
duly certified by the Secretary of State or other officer authorized by
law to certify y such copy;
c) An affid vit sworn to by any authorized officer of such corpo-
Sation which shall state the amo unt of its authorized capital stock at
ax within sixtv days nrior to such filing:


*~ ~ -'*T - *- "-'ij .^---, ,-- ^ -, at ^ - - ,-_-_ -
d) Every corporation must, at the time of filing its application,
tff in the office of the executive secretary a designation of some
person residing within the Canal Zone and the place of business or
evidence of such person upon whom process issued by authority
of .x under any law of the Canal Zone may be served. With
ws*ch designation shall be submitted a certified copy of the minutes
of the board of directors of such corporation authorizing such desig-
nation. 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 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 corpora-
tion 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 60 days
after 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;
(f) With the application for license there shall also be submitted
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 licena is issued.


i





T, 3, 223]


THE


OIVIL CODE


(a) A certificate of the Commissioner of Insurance or
authorized official, showing that the company is authoriz
act business in the State or country under whose laws tl
is organized;
(b) A duly certified copy of the last annual statement (
ance company to the Commissioner of Insurance or
authorized official in the State or country where the
organized;
(c) A deposit with the executive secretary or his
office of $10,000 in cash or current marketable securities,
be held in trust by the executive secretary for the ace
company, to satisfy any judgment that may be rendered
company under any insurance policies that it may issue.
223. Insurance companies to file statement and
tax.-Insurance companies licensed under this chapter sh
the executive secretary between January 1 and March 1 <
a verified statement showing the business transacted within


Zone by
certified
the State
Such ins
in lieu o
225 of t
premium


C,


the company during
copy of its annual
STerritory, or cou
urance companies
f all other taxes sa
his title, a license
receipts in the Ca:


ig the previous
report to the
ntry in which
shall pay bef
ve the annual
tax equal to
nal Zone for t


s calendar
insurance
the compi
ore March
fee provide
11/2 per c


year
comr


my is
1 of
ed for
mtum


he calendar year


* other duly
ed to trans-
hie company


)f the insur-
other duly
company is


successor in
which shall
ount of the
against the


pay license
iall file with
of each year
in the Canal
and a duly
nissioner of


organized.
each year,
in section
of its net
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
after the period for wh
upon the payment of a
January 1 of each year.


226.
tracts
Zone i
shall I
person
with t
shed


V


Transactin;
void.-Any
without havi
3 subject to
acting for


C


I


he provision
is for a misd


fee.-The right to continue to do business
ich the license is issued shall be contingent
license fee of $10, payable in advance, on


g business without
Corporation which
ng complied with tl
a fine of not more
such corporation, u
s of this chapter, sh
demeanor. In additi


tract made by or on behalf of any such forei^


license, how punished
does business in the
he provisions of this cl
than $500, and any ag
nless it shall have cos
all, upon conviction, b
on to this penalty. ever


p corporation


alf


; con-
Canal
chapter
ent or
nplied
pun-
y con-
ecting





EEB CIVIL (BOD


ET,8J 241


228. License under chapter 11 sufficient.-No corporation licensed
under the provisions of chapter 11 of this title shall be required to
y wthe provisioq of this chapter.
jf (JBporation" includes joint stock companies.-The term
* corporation" as used in this chapter shall include joint stock
-r me
230. Revocation of license.---The Governor of the Panama Canal
is aitorized to revoke any license issued hereunder if, upon exami-
natioi, he shall be satisfied that the operations of the corporation are
conducted in an illegal manner, or in a manner contrary to public
poliby or to the policy of administering the Canal Zone as an adjunct
bf the Panama Canal.


CHAPTER 11.-SECURITIES SALES LAW


Sec.
241,.
RAt
~Ifl.
24t


Permit to sell securities.
Dsilgnatfilon of process uent.
Examinao cation of appcaion; issuance
and revocafton of permit.
Certificate of agent or broker.


See.
245. Examination of application
and revocation of permit.
246. Report on sale of securities.
247. Fees.
248. Penalty for violation.
249. Definitions.


issuance


OCOSS-RKFEENCES
For provisions of the Securities Act of 1933, wherein the term "territory"
Is tefiled to include the banal Zone, see U.S. Code, title 15, sections 77a to
tmnm appendix, p. 898).
Nreign corporations generally, see sections 221 to 280 of this title.
F*wdulent insolvencies by corporations and other frauds in their manage-
ment, gee title 5, sections 751 to 764.

Section 241. Permit to sell securities.-No company shall sell, or
offer sale, negotiate for the sale of, or take subscriptions for any
Aeeurit of its own issue until it shall have first applied for and
Theun from the Governor of the Panama Canal a permit author-
izi it to do so. Such application shall be in writing and shall be
v Tied. In such application the applicant shall set forth the names
&nd addresses of its officers, the location of its principal office, the
nae of its Canal Zone representative, an itemized account of its
financial condition, the amount and character of its assets and lia-
bi ties, 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
a -kw av C : Jan A s .-. w n a na C n tM ad n ah nn t Wane nS a1l8 RS ndB re nnWS -4 w tA 11 T la 4 sr-L n 4 & nfl kVnt





T. 3, 242]


THE


CIVIL CODE


that the applicant is authorize<
Territory, or country.
242. Designation of process


of filing its application, s
secretary a designation of
Zone and stating the place
upon whom process issued
Canal Zone may be served.
a certified copy of the mi
company authorizing such
the person so designated, (
be found at the place desi
designated, then on the exe


his successor in offi
such corporation.
served with process
municate the same
address and no de


ce. and


shall
som
of
by a


I


transact business in such


State,


agent.-Every company, at the time
file in the office of the executive
e person residing within the Canal
business or residence of such person
uthoritv of or under any law of the


With such d
nutes of the
designation.
o, in the eve
mnated or in
cutive secret
such service


When the execui
as provided here


to the
fault ju


corporation in any action in
secretary until at least sixty


company
dgment
which pI
days aft


Assignation
board of
Process
nt that s
the event
ry of the
shall be


L shall be submitted
directors of such
may be served on
uch person cannot
that no person is
Panama Canal, or
a valid service on


Live secretary shall
in he shall without
r concerned at its
shall be entered a
process is served on tt


er


have been
delay corn-
last known
against such
he executive


the date of such service.


243.


Examination


application;


issuance


permit.-Upon the filing of such application, ii
the Governor to examine it, and the other p
filed therewith, or cause the same to be exam:
he deems it advisable, make or have made a (
audit, and investigation of the applicant and it
that the proposed plan of business of the apj
unjust, inequitable, or contrary to the policy
Canal Zone as an adjunct of the Panama Can
transact its business fairly and honestly, and th
it proposes to issue and the methods to be use
disposing of them are not such as, in his opinic
upon the purchaser thereof, the Governor may
a permit authorizing it to issue and dispose of
provided, in the Canal Zone. Each such perm
thirty-first day of December next following
sooner revoked. Otherwise, he shall deny the a
such permit and notify the applicant in wri
Every permit shall recite that the issuance t


only and d
securities
conditions
.0A h01011


toes not co
permitted
as he ma:
ho''7 t"hp ,


institute a recommendation
to be sold. The Govern
y deem necessary to the iss
-nwar tn octlnhhh anih nil


and


t shall l
ipers a
ined, a]
detailed
s affair
)licant
of adm
al, thai
tat the
d by it
on, will
issue to
security
it shall


revocation


be
nd
ad
e:
s.
is


the duty of
documents
he may, if
examination,
If he finds
not unfair,


ministering the
b it intends to
securities that
in issuing or
work a fraud
the applicant
ies, as therein
expire on the


its issuance, unless
application and refuse
ting of his decision.
hereof is permissive
or endorsement of the
or may impose such
ue of such securities,
an and1 raonla.innc 0o





2W5 0CIIL CODE


[T. 1 247


pany shall have first applied for and secured from the Governor
a certificate then in emt, authorizing such person or company so
t Eac such certificate shall expire on the thirty-first day of
ciembar next after its issuance, unless sooner revoked. To secure
mat ertificte, the applicat shall make and file in the office of the
(ovenor an application therefore in writing, verified by or in behalf
* *aAicant. In such application the applicant shall set forth,
in edition to such other information as may be required by the
Governor:


.1 The name and address of the applicant, and, if it be a corpo]
tion, association, or joint-stock company, the name and address
each of its managing officers and agents, and, if it be a partners
the name and address of each of the partners;
2, A succinct statement of facts showing that the applicant, and
managing officers and agents, if it be a corporation, or members,
it be a partnership, have a good business reputation;
8. If the applicant is a broker, the general plan and character
the business of the applicant.
If the applicant is a corporation or association it shall file with
application a designation of a process agent, as provided in secti
S42 of this title.


ra-
of
ip,


of


its
on


245. Examination of application; issuance and revocation of
ennit.-The Governor shall examine such application, or cause the
same t8 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
ths 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, any fraudu-
lent transaction, or if he shall find that the conduct of such business
twith .good policy in the administration of the Canal Zone.
S246. 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
an! Al hvr ; t nn/^n,.* r+bm nTrrf-4+r n4 a nwmr narmni f-nl aocnmnA kg 1vr ;-w- .44% a fln





T. 3, 248]


but n(
appro
issued
Janua
248.
which
solicit
chapter
tion t
such c
be voi
enforce


THIE CIVIL CODB


a -. -- a .. -. S S


Part of such fee shall be returned if the application is dis-
ved. The annual fee for renewal of a permit or certificate
hereunder shall be $10, payable in advance on or before
ry first of each year.
SPenalty for violation.-Any company, agent, or broker,
shall directly or indirectly issue or cause to be issued, or
the sale of any security contrary to the provisions of this
r, shall be subject to a fine of not more than $500. In addi-
o this penalty, every contract made by or on behalf of any
Company, agent, or broker affecting the liability thereof shall
id on its behalf and on behalf of its assigns, but shall be
able against it or them.


249. Definitions.-The following words hav
signification attached to them in this section, un
ent from the context:
1. The word "company" includes all corp
joint-stock companies, and partnerships;
2. The word "security includes all stocks,
dences of property or interest in any company;
3. The word "agent" means and includes


pany employed or a]
within the Canal Zo3
compensation, sell, oi
a subscription for the
4. The word brokek
than an agent, who
engage either wholly
for sale, negotiating
security or securities
of securities, or of i
reselling them or of o


e in this chapter the
less otherwise appar-


)rations,

bonds,


associations,


or other


evi-


very person or cornm-


appointed by a company or broker who shall,
no, either as an employee or otherwise, for a
fer for sale, negotiate for the sale of, or take
sale of any security;
cer" includes every person or company, other
shall for a commission in the Canal Zone
or in part in the business of selling, offering
for the sale of, or otherwise dealing in any
issued by others, or of underwriting any issue
mrchasing such securities for the purpose of
offering them for sale to the public.


CHAPTER 12.-NATURE OF PROPERTY


Property, what.
In what property may exist.
Wild animals.
Real and personal.


Real property.
Land.
Fixtures.
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.
CosS-RrrEnrENoES


Personal property, see sections 258 and 361 et seq.,
fl^ -.1 __-^ __-- -- tt _- nr~__ .S"*" tt P tA ci JtI


of this title.





fli VftVlL CODS

253. Wlt animals.Aniimals wild by nature
ownership, while living nly when on the land
20 Jmor when tam ofr taken and held in p
a irvtediately pursued.
254. Real and personaL-Property is either:
1. Real or immovable or
2. Personal or movable.


255. Real property.--Rleal
1. Land;
2. That which is affixed to
8. That which is incidental
4. That which is immovabl


[T. 3, 22


are the subjects of
of the person claim-
)ssession, or disabled


or immovable property consists of:


land;
or appurtenant to land;
e by law.


COaSs-BWERENCES
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
hbedded 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.
CuOss-REfesNC
Ownership of fixtures, see section 411 of this title.
258. Personal property.-Every kind of property that is not real
" 1
is personal.
CbOss-RUnuENCES


Accession to personal property, see sections 413 to 421
Choses in action, see sections 371 and 372 of this title.
Cohittpio 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

201. Owners.
o&, ho pnay own property.


of this title.


R IS--OWNERS OF PROPERTY


I Sec.
S263. Aliens inheriting must claim within 5
I years.


RSartinn 21_ Own-flnrs.--All nrnnnrtv ham an nwnfr_ whathAr that






T.3, 0 263]


263.


THE CIVIL CODB


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.


Onoss-Rramworn


When and how


aliens may inherit,


see section


of this


title.


Escheat of property, see title 4, sections 1181 et seq.


CHAPTER


14.-MODIFICATIONS OF


OWNERSHIP


1. Interests in property ---......---.... 271
2. Conditions of ownership ...... 301


3. Restraints upon alienation ...-- 311
4. Accumulations ...... ....-...... 321


ARTICLE 1.-INTERESTS IN PROPERTY


Ownership, absolute or qualified.
When absolute.


When qualified
Several owners
Ownership of s
Joint interest,
Partnership in
Interest in con
What interests
Community pr
Interests as to
Present interest


Section


271.


S


hip,


what.


several persons.
what.


terest,


what.


imon, what.
are in common.
operty.
time.
t, what.

Ownership,


283.
284.
285.
286.
287.
288.
289.
290.
291.
292.
293.
294.


absolute


Future interest,
Perpetual interest
Limited interest,
Kinds of future
Vested interests.
Contingent inter
Two or more fut
Certain future in
Posthumous chili
Qualities of exp
Same.
What future int


what.
at, what.
what.
interests.


Sts.
ure interests.
terests not to be void.
dren.
ectant estates.
erests are recognized.


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-REFERENCES
Ownership in what property may exist, see sections 252 and 253 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. When 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
bv several Dersons is either:


A





Tfl CIVL 0ODSB


[T. 3,fA 285


276. Joint interest, what-A joint interest is one owned
eral persons in equal shares by a title created by a single
transfer, when expressly declared in the will or transfer to be
^Apa~ifexpre|s|sly "s- w ill
ten ooy Qr when granted [ devised to executors or trustee

27. Partnership interest, what.-A partnership interest
owned by several persons, in partnership, for partnership p
78. Interest in common, what.-An interest in common
owned by several persons, not in joint ownership or partner


by sev-
will or
a oint
as joint


is one
irposes.
tis one
ship.


See, also,
Husband
Legacy to
title.


COo
sections 276 and 279 ol
and wife as owners i:
two or more makes thi


ss-REEECEs
e this title.
n common, see section 137 of this title.
em owners in common, see section 601 of this


S279. What interests are min 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-
de or unless declared in its creation to be a joint interest, as
provided in section 276 of this title, or unless acquired as com-
nity property.
Cnoss-REFERENOE
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 mi common.
CROSS-REFERENoCE
See also section 140 of this title.


281. Interests as to time.-In ,
an interest in property is either:
1. Present or future; and
2. Perpetual or limited.
282. Present interest, what.-A.
to the immediate possession of the


time of enjoyment,


present interest entitles the owner
property.


283. Future interest, what.-A future interest entitles the owner
to the possession of the property only at a future period.
CnOSS-REFErNCES





T. 3, 5 286]


THBE


GIVIL OODE


286. Kinds of future interests.-A future intest is either:
1. Vested; or
2. Contingent.


287. Vested interests.-A future
person in being who would have a
to the immediate possession of the
intermediate or precedent interest.


e interest is vested when there is a
right, defeasible or indefeasible,
property, upon the ceasing of the


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
ay be created to take effect in the alterna
. order fails to vest, the next in succession
, and take effect accordingly.


or more future interests
tive, so that if the first
shall be substituted for


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.
CuOSS-REFERENCES
Future interests defeated by birth of posthumous child, see section 841 of this
title.
Succession by posthumous children, see sections 554, 590, and 650 of this
title.


292.
cession,


Qualities of expectant estates.-Future interests pass by suc-
will, and transfer, in the same manner as present interests.


293. Same.-A mere possibility, such as the e
apparent, is not to be deemed an interest of any


of an heir


Caoss-RrnzNom


Mere possibility cannot be


transferred,


see section 442


of this


title.


294. What future interests are recognized.-No future interest
in property is recognized by the law, except such as is defined in this
title.
ARTICLE 2.-CONDITIONS OF OWNERSHIP


See.
301. Fixing the time of enjoyment.
302. Conditions.


Sec.
304. Conditions restraining marriage void.
305. Conditions restraining alienation void.


*





TIP CwIvIL 0M
wra fOODy ^7f^^;i


[T. 3, 8 12


O02. Conditions.- Onatlo%^ sare precedent or subsequent.
former fix the beginning, the latter the ending, of the right.
CBosS-REFERNCEmS
liop44J^np oblgatiis, see ei80o0 61 to UQ of this title.
"tobditdnktbneurtent, see Metlon 69 of this title.
Coitions precedent, what are, see etions 597 and 693 of this title.
Conditions subsequent, what are, see sections 60 and 695 of this title.


803.


the
ful,


The


Certain conditions precedent void.-If a condition precedent
the fformance of an act wrong of itself, the instrument
ing it is so far void, and the right cannot exist. If it requires
formance of an act not wrong of itself, but otherwise unlaw-
instrument takes elect and the condition is void.


COs-REBRmsOEs
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.
Onoss-RERENCo


Codtract 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.
CuOSS-REFnRmOE
4lestraints upon alienation, see section 311 of this title.


ARTICLE 3.-RESTRAINTS


UPON


ALIENATION


S1 estrants upon alienation.
alt. Restraints upon ,alienation.


See.
312. Future interests void,
power of alienation.


which


suspend


3 lrestraints upon alienation.-The absolute power
tiqn cannot be suspended, by any limitation or condition
for a longer period than as follows:
t. During the continuance of the lives of persons in be
creation of the limitation or condition; or
2. For a period not to exceed twenty-five years from ti
the creation of the suspension.


of aliena-
whatever,


ing at the

he time of


312. Future interests void, which suspend power of alienation.-
-- S ^*' S S * 4- S.. tT." *W ^ <*1410 a





T.3, 321]


THE


GIVIL OODE


ARTICLE 4.-ACCUMULATIONS


Sec.
321. Dispositions of income.
322. Accumulations, when void.
323. Accumulation of income.


321. Dispositions of
erty to accrue and to be
tion of the instrument
the rules prescribed in


Sec.
324. Other directions, when void in part.
325. Application of income to support, etc.,
of minor.


income.-Dispositions of the income of prop-
received at any time subsequent to the execu-
creating such disposition, are governed by
this chapter in relation to future interests.


322. Accumulations, when void.-All directions for the accumu-
lation of the income of property, 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.


CROSS-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-REFERENCE
Maintenance of ward out of own estate, see title 4, sections 1773 and 1775.
frlf A n'umrn we nrrrnarrmc! fa' nyrsTrnC




THU CIVIL ClODS


IT. 8, 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 16U-TERMINATION


OF OWNERSHIP


See.
341. Future interests,
342. Same.


when defeated.


See.
343. Future
344. Same.


interests,


when


not defeated.


Section
depending
successors,
posthumou


341. Future
on the cont
heirs, issue,
s child of s.


interests,v
ingency of
or children
uch person,


rhen
the
n, is
cap


* defeated.-A
death of any
defeated by
able of taking


future interest,
person without
the birth of a
by succession.


CaOSS-REFERENm
Posthumous children, see section 291 of this title.


342. Same.-A fu
by any act or means
for or authorized in t
liable to be defeated
creation.


ture interest may be defeated in any manner or
which the party creating such interest provided
he creation thereof; nor is a future interest, thus
d, to be on that ground adjudged void in its


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 destrue-
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


Income, what.


Time of creation, what.


Section 351. Income, what.-The income of property, as the term





T. 3, 861]


THE CIVIL OODB


CHAPTER


18--PERSONAL


1. Personal property in general
2. Things in action- .. ...-..
3. Products of the mind ..- -- -


PROPERTY
THEREOF


---- -
- ----
-----


361.
371
381


AND


4. Patents,
rights


PARTICULAR


trade-marks,


KINDS


copy-


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


371. Things in action defined.


Sec.
372. Transfer and survivorship.


371. Things
recover money


action


defined.-A


or other personal


proper


thing in
Dirty by a


action is
judicial


a right to
proceeding.


372.


Transfer
violation


and
of


I


survivorship.-A


a right


p


may be transferred by the owner.


passes


s personal


provided in Title 4,
devisees or successor


T


h


property,
Upon


representatives,
e Code of Civil


thing


in action


or out o
the death


except


where


Procedure


arising


! an obligation,
of the owner it


in the
passes


cases


in office.


Caoss-REFnENCES


Assignment of debt secured by mortgage carries security,
this title.
Assignment of chose in action does not prejudice defense,


see section 2246 of
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


Insurance policy, transfer of, see section 2033 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 written contract for payment of money or property transferable
by endorsement, 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


Right of repossession can be transferred,


712 of this title.


see section 443 of this


Suing on chose in action, see title 4, sections 122 to


title.


124, 1522 and 1523.


Transfer may be oral, when, see section 451 of this title.


ARTICLE


3.-PRODUCTS


OF THE


MIND


381. How far the subject
382. Joint authorship.
883. Transfer.


: of ownership.


Subsequent
forth.


inventor,


author,


386. Private writings.





TSP CIVIL CODS


[T. 8, 401


as the product and the representations or expressions thereof
by him remain in his possession.
382. int authorship. -Unless otherwise agreed, a product
mind in the production of which several persons are joint;
corned is owned by them as follows:
1. If the product is single, in equal proportions;
*. If it is not single, in proportion to the contribution of eac
3883. Transfer.-The owner of any product of the mind, or
representation or expression thereof, may transfer his prope
the same.


made


of the
v con-


~h.


of any
rty in


384.
intent
public
to the


Effect of publication.-If the
onally makes it public, a copy
by any person, without respo
law of copyright.


owner of a product of the mind
or reproduction may be made
nsibility to the owner, subject


COes-RurErCcE
Copyright law, see section 391 of this title.
385. Subsequent inventor, author, and
of a product of the mind does not make it
subsequently and originally producing the
right therein as the prior author, which
extent against all persons except the prior
under him.


so forth.-If the owner
public, any other person
same thing has the name
is exclusive to the same
author, or those claiming


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 .-PATENTS,


TRADE-MARKS,


AND


COPYRIGHTS


9l. Patent, trade-mark, and copyright
Zone.--The patent, trade-mark, and copyr
States shall have the same force and effect
ontinpntal United States, and the district
risdiction in actions arising under such
nited States district courts.


laws extended to Canal
ight laws of the United
in the Canal Zone as in
court is given the same
laws as is exercised by


CnOSS-RRERCENES
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.


rPc1 A DTPD


* A tflflflttn


tW VWWI'WW


nfl ~nfln -


-- a --


* an -


r .,u S S* *5C U Si *1U~ s *U ~u.a FE SUSS5. U w -s a ~t s K.. a sa K U * X *~*U K


lU m





T.3, 411]


THE CIVIL CODE


CHAPTER 20.-ACCESSION


Fixtures.
What fixtures tenant may remove.
Accession by uniting several things.
Principal part, what.
Same.
Uniting materials and workmanship.


See.
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.-When 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 require the
former to remove it.
OCROSS-REFERENCE
Fixtures, see section 257 of this 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 the 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


)nsidered 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 case the
thing belongs to the maker, on reimbursing the value of the materials.





THU IVIL COD


[T. 3,% 482


tohim, and as respects the other, of the materials belonging to him
and the price of his workmanship.
*18 M er of xsetenowners.-When a thing has been formed
by the adiixture of several materials of different owners, and neither
can be considered the phiz substance, an owner without whose
coxiut the admixture wa 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.
419t 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
casepwhere 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-
titiq. 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


Alt. See.
1. De ditio of transfer-. .--.. 431
2. WMt may be transferred .- --.. 441
3~tMde of tranuser,-...- _- -- 451


ARTICLE 1.-DEFINITION


Art. Sec.
4. Interpretation of grants. ...... 461
5. Effect of transfer .--........__- -47'
6. Gifts ---_ .... -.._---..- 481


OF TRANSFER


41. Transfer,; what


Voluntary transfer.


Section 431. Transfer, what.-Transfer is an act of the parties,
Sor of the law, by which the title to property is conveyed from one
living person to another.
Onoss-Rwmmonwr
Transfer, see sections 432 and 454 of this title.
Transfer in writing is ealed a grant, see section 454 of this title.





T.3, 5 441]


THBE


CIVIL CODE


ARTICLE


2.-WHAT


MAY


BE TRANSFERRED


441. What may be transferred.
442. Possibility.


443. Right of
ferred.


repoueugitrn


can be tits-


441.


What


transferred,
following.


may
except


transferred.-Property <
otherwise provided by


any
the


kind


section


may


next


442.
cannot


Possibility.-A mere possibility, not coupled with an interest,
be transferred.


CEOSS-REFERENCE


Mere possibility not deemed an interest,


443.


see section 293 of this title.


Right of repossession can be transferred.-A right of repos-


session for


breach


of condition subsequent, can


be transferred.


ARTICLE


-MODE


OF TRANSFER


451. When oral.
452. When must be in writing.
453. Transfer by sale, etc.
454. Grant, what.
455. Delivery necessary.


456. Date.
457. Delivery to grantee is necessarily ab-
solute.
458. Delivery in escrow.
459. Constructive delivery.


451.


When


every case in


oral.-
which a


transfer


may


made


without


writing,


writing is not expressly required by statute.


CROBS-RECEREN CES


What contracts must be in writing,


Fraudulent
title.


instruments


see sections 886 and 984 of this title.


transfers,


see sections


2761


2762


of this


452.


When must be in


writing.-An interest in an existing trust


can be
ment, s


transferred only by operation of law, or by a written instru-
ubscribed 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.
of sale.


Grant,
The


title, includes


what.-A transfer in


term
both


"grant "


these


this


instruments.


writing is called a grant or bill
and sections 455 to 472 of this


CuOSS-REFERENCES


Construction of grants,


Transfer,


see sections 461 et seq.,


see sections 431 and 432 of this title.


of this title.


455.
interest


Delivery necessary


intended


grant


transferred,


takes effect


only


upon


so as to
delivery


vest the


~4. nfl


I