Legislative Calendar, Volume 76, Part 1

United States. Congress. Senate. Committee on Finance

U.S. Government Printing Office, 1962

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Title Page

Table of Contents

Index

PART	lxxvii

Sec Page	lxxxiv

33588	xci

CANAL ZONE CODE	xcv

TITLE Page 1 GENERAL PROVISIONS	1

ADMINISTRATION AND REGULATION	6

CHAPTER 3EXECUTIVE	7

Payment of excess funds into Treasury	13

Penalty for selling without notice or taking down or defacing notice	319

Sales as absolute or subject to redemption certificate of sale	320

Redemption persons to whom payments made tender	321

Rents and profits	322

Claims by third persons filing of claim undertaking by plaintiff	323

Same hearing to determine title to property	324

Same undertaking by claimant	325

Attachments and executions on mortgaged personal property	326

Canal Zone Merit System	14

Regulations relating to the keeping and impounding of domestic	31

CHAPTER 65HIGHWAYS ROADS AND VEHICLES	37

Appointment tenure leave and residence of United States attorney	41

Report on sale of securities	45

JUDICIARY	51

ALCOHOLIC BEVERAGES_	53

EXCLUSION AND DEPORTATION OF PERSONS_	59

HIGHWAYS ROADS AND VEHICLES	65

Governmental exemptions____	67

OATHS AND WITNESSES	71

Certificate of admission	72

Proceedings for removal suspension or discipline generally	73

Appearance	74

Disqualified attorney as plaintiff	75

Authority	76

CIVIL LAWS	77

GENERAL PROVISIONS	78

PERSONAL RIGHTS	80

NATURE OF PROPERTY_	82

SPORTS AND AMUSEMENTS	83

RIGHTS OF OWNERS	87

GENERAL DEFINITIONS AFFECTING PROPERTY	88

PUBLICATION OF REGULATIONS	89

MODES OF ACQUIRING PROPERTY	90

ACCESSION	91

TRANSFER OF PROPERTY	92

Transfer of other personal property by sale	94

Custodians expenses compensation bond and liabilities	98

PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS	100

OBLIGATIONS IN GENERAL	106

General rules of interpretation__	107

Conditions precedent	108

SUBCHAPTER IIITRANSFER OF OBLIGATIONS 871 Transfer of burden of obligation	109

Article BOffer of Performance 911 Extinction by offer	110

Time of offer __	111

Custody of thing offered	112

Wild animals___	113

NATURE OF A CONTRACT	114

Persons capable of contracting	115

Kinds of fraud	116

Mistake of foreign laws	117

Sec Page 1081 Object defined	118

CREATION OF CONTRACTS_	119

INTERPRETATION OF CONTRACTS__	120

Appointment and compensation duties delegation of powers bonds_	121

Restriction to object of contract	122

UNLAWFUL CONTRACTS_	123

Sec Page	124

OBLIGATIONS IMPOSED BY LAW_	125

GENERAL PROVISIONS AFFECTING CHAPTERS 45 TO 105	126

Article DResale by the Seller	127

Article DThe Price	130

Delivery of wrong quantity	138

Sec Page 1499 When and how resale may be made	142

Effect of sale of goods subject to lien or stoppage in transitu	143

When seller may rescind contract or sale	144

Interest and special damages	145

Interpretation shall give effect to purpose of uniformity	146

CONDITIONAL SALES	147

Primary rights of buyer	148

Refiling	149

Retaking possession	150

Resale at option of parties	151

DEPOSIT IN GENERAL	152

Voluntary deposit	153

DEPOSIT FOR KEEPING	154

Indemnification of depositary	155

Obligation of depositary of animals_	156

SUBCHAPTER IIISTORAGE 1741 Deposit for hire	157

Form of receipts what terms may be inserted	158

Sec Page 1781 Obligation of warehouseman to deliver	159

Negotiable receipts must be cancelled or marked when part of goods delivered	160

Interpleader of adverse claimants____	161

Liability of warehouseman to depositors of commingled goods_	162

Warehouseman need not deliver until lien is satisfied	163

Perishable and hazardous goods	164

Negotiation of negotiable receipts by indorsement	165

Warranties on sale of receipt	166

Article DCriminal Offenses 1831 Issue of receipt for goods not received_	167

Article EInterpretation 1841 Cases not provided for in subchapter	168

Unclaimed baggage sale at auction	169

DEPOSIT FOR EXCHANGE	170

Care required of borrower	171

Optional loan__	172

HIRING	173

Termination of hiring by hirer	174

SERVICE WITH EMPLOYMENT	175

Assumption of risk fellow servant rule contributory negligence	176

Duties of employee for reward	177

Surviving employee__	178

PARTICULAR EMPLOYMENTS_	179

Conformity to limits of authority	180

SERVICE WITHOUT EMPLOYMENT	181

CHAPTER 73COMMON CARRIERS SUBCHAPTER ICOMMON CARRIERS IN GENERAL Sec Page 2561 Common carrier defined_	185

Liability for luggage	186

Proof in case of loss	187

Agent and agency defined	188

Consideration unnecessary	189

Power to disobey instructions	190

CHAPTER 79PARTNERSHIP IN GENERAL	193

When special partnership becomes general	198

Interest and profits	200

Venue of district court civil actions	201

Lottery	204

Alteration or withdrawal___	207

Coverage of specified insureds interest_	208

Express warranties to be in policy	209

Policy as receipt	210

Page	211

Regulation of bail	217

Liability of the writer	220

SUBCHAPTER VIEXTINCTION OF LIENS	226

Waste__	227

Power of sale	228

Bottomry and respondentia excluded from chapter	229

Filing assignment of mortgage notice	230

Venue of offenses in magistrates courts___	231

Rights of owner pledging to secure obligation of another person	232

Waiver of demand for performance	233

b Livery and feedstable etc proprietors	234

Article DRights of Holder	236

Article HDischarge of Negotiable Instruments	237

Article EAcceptance for Honor	238

Sec Page 4371 Right of holder to sue payment	245

Notice before full amount paid	246

When person deemed indorser	247

Article FPresentment for Payment 4401 Failure to present for payment effect	248

Persons liable as partners_	249

Computation of time	250

Notice to party or agent i	251

Notice to antecedent party time	252

Treatment of bill as promissory note	255

Sec Page 4521 Circumstances authorizing acceptance for honor	258

Honor of drawer presumption	259

Declaration before payment for honor	260

SUBCHAPTER IIIPROMISSORY NOTES AND CHECKS 4561 Promissory note defined	261

Primary and secondary liability	262

Damages for detriment from unlawful act or omission	263

Interest stipulated by contract	264

Article DRescission of Contracts	267

Parties not entitled to specific performance	269

Article ECancellation of Instruments 4831 Grounds for cancellation_	270

Proceedings to be public exceptions impounding records in certain	271

Validity of debtors contracts_	272

Avoidance only where enforcement of creditors right obstructed	273

Marshals fees	274

Assignment to be in writing acknowledgment recording	275

Recording assignment and filing inventory	276

Review of orders made out of court	277

Assignees protected for acts done in good faith_	278

Private nuisance defined	279

CIVIL PROCEDURE AND EVIDENCE	280

Division of judicial remedies	281

Actions not otherwise provided for	282

Actions on accounts___	283

Death before expiration of limitation period	284

CHAPTER 5PARTIES Sec 121 Assignment of thing in action not to prejudice defense	285

Substitution of parties	286

CHAPTER 7COMMENCEMENT OF ACTIONS SERVICE OF PROCESS Sec 161 Service on infant or incompetent person	287

Same personal judgment	288

When jurisdiction acquired voluntary appearance	289

CHAPTER 9PLEADINGS Sec 201 Statute of limitations how pleaded	290

Libel and slander complaint	291

Restriction on civil arrest	292

Affidavit to obtain order	293

Surrender of defendant_	294

Justification of bail	295

SUBCHAPTER IICLAIM AND DELIVERY OF PERSONAL PROPERTY 291 Claim for delivery	296

Undertaking by defendant for return of property	297

Affidavit stating incorrect value judgment against officer or sureties	298

SUBCHAPTER IVATTACHMENT 341 Actions in which authorized	299

Direction and command of writ more than one defendant	300

Attachment lien on real property	301

Same liability of garnishee	302

Claims by third persons	303

Discharge of attachment irregularly issued	304

SUBCHAPTER VRECEIVERS 381 Appointment of receivers generally	305

Oath and undertaking of receiver	306

Deposit of sums over 200 in depositary disbursements records	307

CHAPTER 13TRIAL SUBCHAPTER ITRIAL BY JURY Sec 451 Jury trial of right_	308

Jury to be sworn	309

Admonition when jury permitted to separate	310

Manner of giving verdict threefourths verdict polling jury	311

SUBCHAPTER IJUDGMENTS GENERALLY Sec 511 Interest on judgments	312

Confession of judgment without action	313

Issuance of execution form and contents	314

Execution after five years	315

Procedure for asserting and determining claims for exemption	316

Execution of writ generally	318

Payment by debtor of judgment debtor	327

SUBCHAPTER IVJUDGMENTS AGAINST JOINT DEBTORS 631 Summoning unserved joint debtors to show cause why they should not be bound...	328

Examination before judge	329

CHAPTER 17PROCEDURE IN MAGISTRATES COURTS	330

SUBCHAPTER IGENERAL PROVISIONS Sec 711 Provisions applicable to magistrates courts	331

Rules of procedure in magistrates courts	332

Classification of property as real or personal	333

Time for appearance of defendant	334

Answer counterclaims	335

Affidavit and undertaking for order of arrest	337

Direction and command of writ more than one defendant service outside subdivision	338

Time for commencement of trial	339

Adjournment undertaking 340	340

Judgment of dismissal for failure to bring to trial	341

Relief from judgment or order clerical mistakes harmless error	342

Judgment against sureties	348

Detention under special circumstances	357

SUBCHAPTER IIMORTGAGE FORECLOSURE	360

Sec Page 1731 Foreclosure of mortgages on real and personal property	363

SUBCHAPTER IIINUISANCE AND WASTE 1761 Abatement of nuisance damages	364

Service of notice	365

Parties defendant	366

Trial showing required	367

Appeals	368

Issuance return and hearing	369

SUBCHAPTER IIREMEDIES FORMERLY AVAILABLE BY WRIT OF MANDATE 1901 Order to compel performance of duty or admission to off...	370

PART 3EVIDENCE CHAPTER Page 101 GENERAL PROVISIONS	371

Transfers of properties between departments and agencies	372

Persons present	373

CHAPTER 105PRODUCTION OF EVIDENCE SUBCHAPTER IGENERAL PROVISIONS Sec 2591 Mode of taking testimony	374

Proof of publication	375

Depositions for use outside Canal Zone Uniform Foreign Depositions Act	376

Presence of parties	377

CHAPTER 109ADMISSIBILITY OF EVIDENCE UNIFORM RULES	378

Definition of incrimination	384

Testimony of jurors not limited except by this chapter	389

Habit or custom to prove specific beha ior 390	390

Preliminary examination__	391

SUBCHAPTER VIIIHEARSAY EVIDENCE 2961 Definitions	392

Discretion of judge under exceptions 15 16 17 18 and 1	396

SUBCHAPTER IXAUTHENTICATION AND CONTENT OF WRITINGS 397 2991 Authentication required ancient documents_	397

Proof of attested writings	398

Sec	399

Part of transaction proved admissibility of whole	400

Same intent general and particular provisions	401

Burden of proof	402

Questions of fact and law	403

Unwritten law defined	404

Public record of private writing	405

Subscribing witness defined	406

Judicial record of a State enforcement personal representatives	407

Disputable presumptions	408

SUBCHAPTER VIIPARTICULAR CASES STATUTE OF FRAUDS 3251 Offer equivalent to tender	409

Compromise offer	410

CRIMES AND CRIMINAL PROCEDURE	411

GENERAL PROVISIONS	412

Definitions__	413

Classification of offenses_	414

Misprision of felony 46 Omission to perform act performed by another	415

Extent of right of selfdefense	416

Punishment where only minimum term prescribed	417

ABORTION AND CONTRACEPTION	418

ADULTERY	419

Definitions__	420

Injury to person by vicious animal_	421

ARRESTS SEARCHES AND SEIZURES	422

ARSON	423

ATTEMPTS TO COMMIT OFFENSES GENERALLY	424

ATTORNEYS	425

BIGAMY	426

BURGLARY	428

CHILDREN_	429

CIVIL RIGHTS	430

CONTEMPTS	431

CONTRACTS_	432

Sec Page 751 Definition	433

Acceptance of deposits when bank insolvent	434

DISORDERLY CONDuct__	435

DUELS AND CHALLENGES_	436

ESCAPE AND RESCUE____	437

EXTORTION OPPRESSION AND THREATS	438

FALSE IMPRISONMENT	439

FORGERY AND COUNTERFEITING_	440

false instrument__	441

Sending or delivering forged or false messages with fraudulent intent	442

Counterfeiting ticket of common carrier	443

FRAUD AND FALSE STATEMENTS_	444

Obtaining money labor or property by false pretense proof	445

False representation by married person when selling or mortgaging lands	446

HABEAS CORPUS OFFENSES_	447

HEALTH AND SAFETY_	448

Exhibiting deformities of persons	449

Act by intoxicated physician or surgeon endangering life	450

Setting on fire grass or shrubbery	451

Adulterating or selling adulterated candy	452

HOMICIDE__	453

Punishment for manslaughter	454

INCEST	455

KIDNAPING AND SIMILAR OFFENSES	456

spiracy	457

LARCENY AND EMBEZZLEMENT_	458

Value of written instruments stolen	459

Larceny of lost property	460

Changing or defacing marks or brands on domestic animals	461

Bailee tenant lodger or attorney in fact	462

LETTERS AND MESSAGES_	463

Use of information derived from private messages	464

LIBEL	465

LOTTERIES AND GAMBLING_	466

MALICIOUS OR OTHER INJURY TO PROPERTY	469

Taking water from or disturbing irrigation or other canals etc	472

MARRIAGES	473

NAVIGATION	476

OBSTRUCTION OF JUSTICE_	477

PERJURY_	479

POSTAL SERVICE	481

PRIZE FIGHTING AND SPARRING	482

PUBLIC OFFICES OFFICERS AND EMPLOYEES	483

40	486

Jumping on or off train riding on roof platform appliances or pro	488

Sec Page	490

Penalties for violation__	496

PART 2CRIMINAL PROCEDURE CHAPTER Page 201 CRIMINAL PROCEDURE GENERALly	497

Criminal action defined	498

Right of attorney to visit prisoner	499

Dismissal of unsigned information	500

Finding on charge of previous conviction___	501

Effect of giving or failing to give security	502

CHAPTER 207COMPLAINT WARRANT AND ARREST SUBCHAPTER ICOMPLAINT WARRANT OF ARREST Sec 3701 Complaint__	503

Peace officers defined	504

Breaking door or window	505

Release by peace officer without appearance before magistrate	506

Committing defendant to district court	507

Disposition of papers and bail_	508

Judgment	514

CHAPTER 215MODE OF TRIAL TRIAL JURY Sec Page 4091 Plea and motions upon which issues of fact arise	516

Exception to challenge to panel	517

Challenge for cause kinds	518

Exemption from service as cause of challenge	519

Order of proceedings on trial	520

Forms of verdict	521

Recording verdict	522

Service of subpoena 523	523

SUBCHAPTER VSECURING THE ATTENDANCE OF WITNESSES	526

Procedure on finding of sanity or insanity	532

Suspension of sentence and probation	534

Disposition of property	540

SUBCHAPTER 11UNIFORM CRIMINAL EXTRADITION	548

Extension of time of commitm t adjournment_	551

Application for issuance of requisition by whom made contents	552

Written waiver of extradition proceedings	553

SUBCHAPTER IIIEXTRADITION OF FUGITIVES FROM REPUBLIC OF PANAMA 5081 Delivery to Panama of offenders who seek refuge in Can...	554

Duty of Canal Zone authorities to facilitate return of fugitive	555

Hard labor in felony convictions work in misdemeanor convictions	556

Discharge	557

Eligibility for parole	558

DECEDENTS ESTATES AND FIDUCIARY RELATIONS	559

42	560

Creditors as competent witnesses	561

CHAPTER 5REVOCATION OF WILLS Sec 81 Revocation of written will duplicate will	562

Instrument altering interest in property previously disposed of by will_	563

Same sources of share apportionment	564

549	568

Revocation for embezzlement waste or mismanagement	594

Affidavits in support of claims claims not due contingent claims	607

vouchers	608

Claims not filed on time are barred exception	609

Claims presented to executor or administrator allowance or rejec tion	610

Filing or presenting claim as prerequisite to action exception_	611

Judgment against decedent execution filing as claim levy before death redemption	612

CHAPTER 71RESORT TO ASSETS SALES Sec 1701 Order of resort to estate for debts	613

selection	614

CHAPTER 73NOTES MORTGAGES CONVEYANCES AND TRANSFERS SUBCHAPTER IBORROWING MONEY AND MORTGAGING PERSO...	615

Execution of notes and instruments of security	616

49	619

DOMESTIC RELATIONS	671

286	685

Sec Page 280 Community property presumptions	686

Filing inventory effect	687

Management of wifes earnings	688

Legitimacy of issue of wife cohabiting with husband	689

Parental abuse	690

Notice to absent or nonconsenting parent_	691

CHAPTER 13SUPPORT OF RELATIONS Sec 421 Support of wife	692

Action for relief from obligation to support parent_	693

CHAPTER 15ESTABLISHING PATERNITY SUBCHAPTER IPATERNITY PROCEEDINGS Sec Page 461 Persons who may bring action certificate ...	694

Competency of mother to testify dying declarations	695

Legal holidays	696

Uniformity of interpretation_	697

Air navigation regulations	701

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Common terms and phrases

$100 or imprisoned 30 days affidavit agent appears application appointed arrest attorney authority bail bond buyer Canal Zone Government certificate CHAPTER civil actions claim clerk compensation contract creditor custody debtor decedent defendant delivered delivery deposit discharge district court duties employee entitled execution executor or administrator fees filing future interest Governor guardian imprisoned in jail indorsement instrument interest issued judge judgment judgment debtor jurisdiction jury letters testamentary liability license lien magistrate magistrate's court marriage mortgage negotiable notice oath obligation offense officer Panama Canal Company party payment penitentiary performance personal property petition plaintiff prescribed probate proceedings provided by section pursuant to section real property receipt regulations residence revocation seller service of process sureties testator therein thereof thereto tion transfer trial trust undertaking United United States attorney United States Code unless vessel violation warrant Whoever witness writ

Popular passages

Page 133 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the owner or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose.‎

Appears in 413 books from 1816-2005

Page 98 - security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security...‎

Appears in 366 books from 1776-2007

Page 246 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.‎

Appears in 358 books from 1867-1999

Page 254 - A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer.‎

Appears in 726 books from 1867-2008

Page 254 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.‎

Appears in 359 books from 1816-2007

Page 242 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.‎

Appears in 341 books from 1867-2005

Page 139 - ... or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.‎

Appears in 292 books from 1778-2005

Page 245 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor.‎

Appears in 255 books from 1867-1999

Page 245 - A holder in due course is a holder who has taken the instrument under the following conditions: 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.‎

Appears in 461 books from 1803-1999

Page 134 - Rule 1 — Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.‎

Appears in 256 books from 1850-2007

Bibliographic information

Title	Legislative Calendar, Volume 76, Part 1 S. prt
Author	United States. Congress. Senate. Committee on Finance
Publisher	U.S. Government Printing Office, 1962

Export Citation	BiBTeX EndNote RefMan

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