United States Statutes at Large, Volume 76, Part 1

Front Cover
U.S. Government Printing Office, 1962 - Law
Vols. for 1950-19 contained treaties and international agreements issued by the Secretary of State as United States treaties and other international agreements.
 

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Contents

Words and phrases
4
CHAPTER 7MAXIMS OF JURISPRUDENCE Sec 81 Enumeration and application
5
CHAPTER 9HOLIDAYS Sec 111 Legal holidays
6
Designation
7
CHAPTER 5PANAMA CANAL COMPANY Sec 61 Continuation purposes offices and residence of the Company
8
ARRESTS SEARCHES AND SEIZURES
9
Board of Directors allowances quorum meetings
10
President of the Company
11
Subjection to treaties and laws applicable to Panama Railroad Com pany
12
Payment of excess funds into Treasury
13
Insurance coverage
14
Exemption of teachers with respect to dual offices and double salaries
15
Definitions
16
Compensation
17
Canal Zone Merit System
18
Same Board of Appeals duties
19
Applicability of other laws
20
SUBCHAPTER VMISCELLANEOUS 201 Compensation of persons in military naval or Public Health Service who serve Canal Zone Government or...
21
Sale of water to Republic of Panama
22
Injuries in locks of Canal
23
Delays for which no responsibility assumed
24
Investigation of accident or injury giving rise to claim
25
Revocable licenses for lots in town sites
26
CIVIL RIGHTS
27
COMPOUNDING CRIME
29
CONSPIRACY
31
Penalties for violation
32
CONTEMPTS
33
CONTRACTS
35
CONVICTS
37
CHAPTER 69NOTARIES PUBLIC
38
CORPORATIONS AND ASSOCIATIONS
39
DISORDERLY CONDUCT
41
DUELS AND CHALLENGES
43
ESCAPE AND RESCUE
45
EXTORTION OPPRESSION AND THREATS
47
FALAE IMPRISONMENT
49
AERONAUTICS
51
Sec Page SUBCHAPTER IIUNITED STATES ATTORNEY AND MARSHAL 41 Appointment tenure leave and residence of United States attorney
53
General
54
Authority of one magistrate to act for another
55
Actions between nonresidents
56
DOMESTIC ANIMALS
57
Change of venue in magistrates courts
58
Transfer of custody of defendant in district and magistrates courts
59
Powers of judicial officers in conduct of proceedings
60
HOMICIDE
61
323
62
HEALTH AND SAFETY
63
SUBCHAPTER IIICOSTS
65
SURETY BONDS AND UNDERTAKINGS
67
NOTARIES PUBLIC
69
SUBCHAPTER 1ADMISSION REMOVAL AND SUSPENSION OF ATTORNEYS
71
LETTERS AND MESSAGES
73
PROFESSIONS AND OCCUPATIONS
75
TITLE 4CIVIL LAWS
77
CHAPTER 1GENERAL PROVISIONS Sec 1 Construction of title
78
Delegation of powers by minors incapacities
79
Liability of minors and mentally unsound persons for wrongs
80
SHIPPING AND NAVIGATION
81
CHAPTER 7NATURE OF PROPERTY Sec 111 Ownership property defined
82
Sec Page 151 Ownership
83
Qualified ownership
84
Perpetual interest
85
SUBCHAPTER IICONDITIONS OF OWNERSHIP 231 Time of enjoyment of property
86
WILDLIFE HUNTING AND FISHING
87
interest
88
NUISANCES
89
OBSTRUCTION OF JUSTICE
91
PERJURY
93
SUBCHAPTER IIIINTERPRETATION OF GRANTS Sec Page 621 Interpretation as contracts
94
SUBCHAPTER IVGIFTS 651 Definition of gift
95
Manner of making gift
96
Effect of gift
97
Custodians expenses compensation bond and liabilities
98
Exemption of third persons from liability
99
Accounting by custodian
100
By whom acknowledgments taken in foreign countries
101
Requisites for acknowledgment
102
Form of certificate of acknowledgment by corporation
103
Authentication of certificate of acknowledgment
104
Contents of cetificate of proof
105
CHAPTER 29OBLIGATIONS IN GENERAL
106
Obligation defined
107
Custody of thing offered
112
Satisfaction defined
113
CHAPTER 31NATURE OF A CONTRACT SUBCHAPTER 1DEFINITIONS Sec 1001 Contract defined
114
Persons capable of contracting
115
Kinds of fraud
116
Mistake of foreign laws
117
Sec Page SUBCHAPTER IVOBJECT 1081 Object defined
118
Ascertainment of consideration
119
Written contract effective upon delivery
120
Uniformity of interpretation
121
Restriction to object of contract
122
Executed and executory contracts
123
Sec Page 1271 Extinguishment
124
Destruction cancellation or alteration by beneficiary
125
Willful acts and negligence contributory negligence
126
SUBCHAPTER 1THE CONTRACT Article AFormation of the Contract Sec 1421 Contracts to sell and sales
128
Article CSubject Matter of Contract 1425 Existing and future goods
129
Article DThe Price 1429 Definition and ascertainment of price
130
Implied warranties of title
131
i
134
SUBCHAPTER IVRIGHTS OF UNPAID SELLER
140
Sec Page Article D_Resale by the Seller 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
Chapter not to affect warehouse laws
147
Primary rights of buyer
148
Refiling
149
Retaking possession
150
Resale at option of parties
151
Loss and increase
152
Voluntary deposit
153
Delivery of thing owned jointly etc
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
Issue of receipt for goods not received
167
Article EInterpretation 1841 Cases not provided for in subchapter
168
Unclaimed baggage sale at auction
169
Abandoned things
170
Care required of borrower
171
Optional loan
172
Evidence of usury
173
CHAPTER 61PARTICULAR EMPLOYMENTS
179
See Page
180
Principals rights and liabilities from agents acts
187
CHAPTER 79PARTNERSHIP IN GENERAL
193
DISTRICT COURT
195
Effect of partners acts in bad faith
196
Partial dissolution
197
Powers of partners in liquidation restriction regarding obligations
198
Acknowledgment and recordation of certificates false statements
199
Interest and profits
200
When special partnership becomes general
201
Scope of chapter
203
Lottery
204
Interest of carrier or depositary
205
Required inquiry
206
Representation as to future
207
Coverage of specified insureds interest
208
Express warranties to be in policy
209
Policy as receipt
210
See Page 3501 Notice of fire loss
211
Presumed nature of contract
212
CHAPTER 87FIRE INSURANCE Sec 3571 Alteration of use or condition of insured property
213
Limit of liability
214
Manner of payment of life insurance
215
Validity with respect to past wrongful act
216
Regulation of bail
217
SUBCHAPTER VLETTER OF CREDIT Sec Page 3921 Definition of letter of credit
222
Letter as continuing guaranty in certain cases
223
General or special liens
224
POSTAL SERVICE
251
Sec Page 4521 Circumstances authorizing acceptance for honor
258
Method of acceptance for honor
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
Breach of warranty of agents authority
265
Liability of owner of dog for damages suffered by dog bite
266
CHAPTER 111SPECIFIC AND PREVENTIVE RELIEF SUBCHAPTER 1GENERAL PRINCIPLES See 4761 Allowance of specific or preventive reli...
267
Enforcement of penal law penalty or forfeiture
268
Parties not entitled to specific performance
269
Article ECancellation of Instruments
270
Recording assignment and filing inventory
276
Sec SUBCHAPTER IGENERAL PRINCIPLES Page 5031 Nuisance defined
278
5033 Private nuisance defined
279
TITLE 5CIVIL PROCEDURE AND EVIDENCE PART 1 CIVIL PROCEDURE GENERALLY
280
Division of judicial remedies
281
Actions not otherwise provided for
282
Actions on accounts
283
Death before expiration of limitation period
284
Earnings of each party after separate maintenance judgment
286
243
291
Actions in which authorized
292
SUBCHAPTER VRECEIVERS
305
CHAPTER 13TRIAL
308
Sec Page SUBCHAPTER VIIEXECUTION
331
SUBCHAPTER IICOMMENCEMENT OF ACTIONS SERVICE OF PROCESS Sec Page 741 Commencement of action
333
Time for appearance of defendant
334
Answer counterclaims
335
Amendment of pleadings
336
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
Judgment of dismissal for failure to bring to trial
341
Relief from judgment or order clerical mistakes harmless error
342
Renewal of execution
343
Undertaking on appeal 344
344
Filing of undertaking exception to and justification of sureties 957 Stay of proceedings on filing undertaking
345
PART 2PARTICULAR PROCEEDINGS CHAPTER 51 DECLARATORY JUDGMENTS
346
Filing and serving undertaking
347
Judgment against sureties
348
Grant of writ by magistrates court
349
Production of body
350
CHAPTER 57HOSPITALIZATION OF MENTALLY
353
Discharge upon medical review
359
11
369
PART 3EVIDENCE CHAPTER Page 101 GENERAL PROVISIONS
371
CHAPTER 103SUBPOENAS RIGHTS AND DUTIES OF WITNESSES Sec 2551 Subpoenas generally
372
Persons present
373
CHAPTER 105PRODUCTION OF EVIDENCE SUBCHAPTER GENERAL PROVISIONS Sec 2591 Mode of taking testimony
374
Regulation of manufacture sale
375
Act
376
Presence of parties
377
CHAPTER 109ADMISSIBILITY OF EVIDENCE UNIFORM RULES
378
Adoption generally
381
Definition of incrimination
384
Adoption of illegitimate child by father
387
Sec Page 2894 Testimony of jurors not limited except by this chapter
389
Habit or custom to prove specific beha ior
390
Preliminary examination
391
SUBCHAPTER VIIIHEARSAY EVIDENCE 2961 Definitions
392
Discretion of judge under exceptions 15 16 17 18 and 19
396
SUBCHAPTER IXAUTHENTICATION AND CONTENT OF WRITINGS 2991 Authentication required ancient documents
397
Proof of attested writings
398
Degree of certainty required to establish facts
399
Effect of declarations and acts of one person on rights of another
400
Same intent general and particular provisions
401
Unwritten law defined
404
Compromise offer
410
231
411
ROBBERY 491
412
Definitions
413
Classification of offenses
414
Persons capable of committing crimes
415
Extent of right of selfdefense
416
Punishment where only minimum term prescribed
417
Page
418
232
419
GENERALLY
424
See Page
425
Action for relief from obligation to support parent
427
29
430
Necessity for overt act exceptions pleading and proof
431
432
432
439
439
Sec Page 954 Personating another and incurring liability
440
false instrument
441
Sending or delivering forged or false messages with fraudulent intent
442
Uttering forged or counterfeit State or municipal securities or obli 988 Counterfeiting ticket of common carrier
443
Proof of intent to defraud
444
Obtaining money labor or property by false pretense proof
445
False representation by married person when selling or mortgaging lands
446
Misrepresentation of newspaper circulation
447
SUBCHAPTER IIOFFENSES AND PENALTIES OTHER ENFORCEMENT
448
Exhibiting deformities of persons
449
Same use of substances which may produce serious illness or perma 1109 Act by intoxicated physician or surgeon endangering life
450
Setting on fire grass or shrubbery
451
Adulterating or selling adulterated candy
452
Construction with other laws
453
Punishment for manslaughter
454
455
455
Indecent exposures exhibitions and pictures
456
spiracy
457
Bailee tenant lodger or attorney in fact
462
Lottery and lottery ticket defined
466
Writ of execution on failure to make support payments
467
Taking water from or disturbing irrigation or other canals etc
472
473
473
Sec Page
474
476
476
Definition of oath
480
481
481
482
482
CHAPTER 107RAPE
488
Sec Page
490
Penalties for violation
496
iii
497
Public defender
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 COMPLAINT WARRANT OF ARREST Bee 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
Rules of procedure in criminal actions in magistrates courts
509
Harmless error plain error
510
Dismissal of actions
511
Conduct of trial evidence
512
Withdrawal of appeal by defendant
513
Judgment
514
II
515
SUBCHAPTER IVDEPOSITIONS Sec Page Article ADepositions Generally 4271 Depositions on motion of defendant
524
Application for order to district court or magistrate or on one जगजजजजजज 4296 Order for examination 4296 Examination not to take place when...
525
SUBCHAPTER VSECURING THE ATTENDANCE OF WITNESSES FROM WITHOUT A STATE IN CRIMINAL PROCEEDINGS 4331 Definitions
526
Witness from another State summoned to testify in the Canal Zone
527
Circumstances in aggravation or mitigation of punishment
528
Mitigation of punishment when act already punished as contempt
529
Judgment for fine and costs attachment of property
530
SUBCHAPTER III EXECUTION OF DEATH SENTENCE 4451 Warrant for execution of judgment of death time of execution
531
Procedure on finding of sanity or insanity
532
ecuted
533
Issuance and execution of bench warrant
539
31
559
Definitions
571
Oral transfer
591
Sec Page SUBCHAPTER VIIDEATH DISABILITY AND SUBSTITUTION new appointee
592
Death or disqualification of all executors or administrators bond SUBCHAPTER VIIIRESIGNATION SUSPENSION AND REMOVAL 1291 Resigna...
593
Revocation for embezzlement waste or mismanagement
594
Oath of executor or administrator recording letters
595
Insufficiency of sureties or bond additional security
596
Delivery in escrow
597
Operation of business of decedent
598
Same costs sale of property recovered proceeds 1421 Custody and management of property recovery of possession joinder in possessory or title acti...
599
Investment of moneys of estate pending settlement
600
iiiiiii
678
Action when putative father has died claim against estate when
695
iiiiii
702
a8558 O 62 2
703

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Common terms and phrases

Popular passages

Page 129 - 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.
Page 250 - 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.
Page 250 - 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.
Page 241 - But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.
Page 243 - That the instrument is at the time of his indorsement valid and subsisting. And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 137 - In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or warranty within a reasonable time after the buyer knows, or ought to know of such breach, the seller shall not be liable therefor.
Page 242 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 130 - 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.
Page 253 - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers.
Page 364 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...

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