Chapter 370. To amend sections 7, 8, and 9 of the Panama Canal Act; to amend sections 288, 289, 342, 343, 368, and 461 of the Penal Code of the Canal Zone; and section 2 of the Executive order of July 9, 1914, establishing rules and regulations for the operation and navigation of the Panama Canal and approaches
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CHAP. 370.— An Act To amend sections 7, 8, and 9 of the Panama Canal Act; to amend sections 288, 289, 342, 343, 368, and 461 of the Penal Code of the Canal Zone; and section 2 of the Executive order of July 9, 1914, establishing rules and regulations for the operation and navigation of the Panama Canal and approaches thereto, including all water under its jurisdiction; to amend section 6 of an Act entitled “An Act extending certain privileges of canal employees to other officials on the Canal Zone and authorizing the President to make rules and regulations affecting health, sanitation, quarantine, taxation, public roads, self-propelled vehicles, and police powers on the Canal Zone, and for other purposes, including provision as to certain fees, money orders, and interest deposits,” approved August 21, 1916; and to regulate divorces in the Canal Zone, and for other purposes.
September 21, 1922.[[H. R. 11872](/us/bill/67/hr/11872).][[Public, No. 332](/us/67/pl/332).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Panama Canal Act amendments.Vol. 37, p. 564, amended. That section 7 of the Panama Canal Act, approved August 24, 1912, is hereby amended to read as follows: " “Sec. 7. Governor to have full control of Canal Zone civil government. That the Governor of the Panama Canal shall, in connection with the operation of such canal, have official control and jurisdiction over the Canal Zone and shall perform all duties in connection with the civil government of the Canal Zone, which is to be held, Administration.treated, and governed as an adjunct of such Panama Canal.
Unless in this Act otherwise provided, all existing laws of the Canal Zone referring to the civil governor or the civil administration of the Canal Zone shall be applicable to the Governor of the Panama Canal, who shall perform all such executive and administrative duties required Towns to be authorized.by existing law. The President is authorized to determine or cause to be determined what towns shall exist in the Canal Zone and subdivide and from time to time resubdivide said Canal Zone into subdivisions, to be designated by name or number, so that there shall be situated one town in each subdivision, and the boundaries Jurisdiction of magistrate’s court.Amounts increased.of each subdivision shall be clearly defined.
In each town there shall be a magistrate’s court with exclusive original jurisdiction coextensive with the subdivision in which it is situated of all civil cases in which the principal sum claimed does not exceed $300, and all criminal cases wherein the punishment that may be imposed shall not exceed a fine of $100, or imprisonment not exceeding thirty days, or both, and all violations of police regulations and ordinances and all actions involving possession or title to personal property or the forcible To hold preliminary investigations of felony charges, etc.Vol. 37, p. 566.entry and detainer of real estate.
Such magistrates shall also hold preliminary investigations in charges of felony and offenses under section 10 of this Act and charges of misdemeanor in which the punishment that may bo imposed is beyond the jurisdiction herein granted to the magistrate courts, and commit or bail in bailable cases Appointees to be United States citizensto the district court. A sufficient number of magistrates and constables, who must be citizens of the United States, to conduct the business of such courts, shall be appointed by the Governor of the Panama Canal for terms of four years and until their successors are appointed and qualified, and the compensation of such persons shall be fixed by the President, or by his authority, until such time as Rules, etc., to be established.Congress may by law regulate the same.
The rules governing said courts and prescribing the duties of said magistrates and constables, oaths and bonds, the times and places of holding such courts, the disposition of fines, costs, forfeitures, enforcements of judgments, providing for appeals therefrom to the district court, and the disposition, treatment, and pardon of convicts shall be established by order Notaries public.of the President. The Governor of the Panama Canal shall appoint all notaries public, prescribe their powers and duties, their official seal, and the fees to be charged ana collected by them.
Appeals to district court.“Appeals in civil and criminal cases are hereby authorized from the judgments and rulings of the magistrate courts to the district court under the rules and regulations prescribed by section 6 of Executive order of March 12, 1914, relating to the Canal Zone judi-1005ciary: *Provided, however*, That there shall be no right of appeal in*Proviso*.Criminal cases limited. criminal cases, except in those cases wherein the defendant has been sentenced to jail or has been fined in amount exceeding $25.
” " Sec. 2. That section 8 of the Panama Canal Act is hereby amendedVol. 37, p. 565, amended. to read as follows: " “Sec. 8. There shall be in the Canal Zone one district court withDistrict court.Divisions of. two divisions, one including Balboa and the other including Cristobal; and one district judge of the said district, who shall hold his court in both divisions at such time as he may designate by order, at least once a month in each division. The rules of practice in such districtRules of practice. court shall be prescribed, amended, or repealed by order of the President.
“(b) The said district court shall have jurisdiction of—Jurisdiction. “All felony cases under the laws of the Canal Zone; “All offenses arising under section 10 of this Act; “All cases in equity; “All cases in admiralty; “All cases of divorce and annulment of marriage;Divorce added. “All cases at law involving principal sums exceeding $300; “All appeals from judgments rendered in the magistrates’ courts; “All matters and proceedings not otherwise provided for which atProceedings within Jurisdiction of former courts. the time this Act took effect were within the jurisdiction of the Supreme Court of the Canal Zone, the Circuit Court of the Canal Zone, the District Court of the Canal Zone, or the judges thereof; and “In addition to the jurisdiction now specifically conferred on it byOffenses on high seas on American vessels, and offenders found in Canal Zone, etc. certain Acts of Congress, the said court shall have jurisdiction of offenses under the criminal laws of the United States when such offenses are committed upon the high seas beyond the territorial limits of the Canal Zone, on vessels belonging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof, and the offenders are found in the Canal Zone or are brought into the Canal Zone after the commission of the offense: *Provided*, That this provision shall not be construed to deprive district*Proviso*.Jurisdiction of United States district courts not impaired. courts of the United States of any jurisdiction now provided by law.
The procedure and practice in such cases shall be the same as in other criminal cases tried under the laws of the Canal Zone. “The jurisdiction in admiralty herein conferred upon the districtAdmiralty jurisdiction. judge and the district court shall be the same as is exercised by the United States district judges and the United States district courts, and the practice and procedure shall be the same as in the United States district courts. “(c) The judge of the district court shall provide for the selection,Jurors. summoning, and serving of jurors from among the citizens of the United States, subject to jury duty, to serve in the division of the district in which such jurors reside; and a jury shall be had in any civil or criminal case originating in said court on the demand of either party.
The compensation of jurors shall be prescribed by order ofCompensation. the President. “(d) The said district judge shall receive the same salary as isPay, etc., of judge. allowed to United States district judges, and when holding court away from home shall be allowed the same mileage and per diem as is allowed to United States district judges; he shall appoint the clerkClerk, etc. of said court, and may appoint one assistant clerk and such other additional help as the President may authorize; all of such officials and help shall receive such compensation as shall be prescribed by order of the President.
“(e) During the absence of the district judge or during any periodTemporary designation of acting judge, in case of absence, etc. of disability or disqualification from sickness or otherwise to discharge his duties, the same shall be temporarily performed by a special judge, to be designated by the President, which designation may be made1006Qualifications, etc.by cablegram or otherwise, and who shall be an attorney at law qualified to practice before the courts of the Canal Zone or any of the United States district courts or any of the superior courts of any State, Territory, or possession of the United States, and who during such service shall be paid at the same rate of compensation and the same mileage and per diem as that paid the district judge of the Canal Zone.
“(f) Pay of district attorney. There shall be a district attorney for said court, who shall be paid a salary of $5,000 per annum. Duties.“It shall be the duty of the district attorney to conduct all legal proceedings, civil and criminal, for the Government, and to advise the Governor of the Panama Canal on all legal questions touching the operation of the canal and the administration of civil affairs. Duties of marshal.“There shall be a marshal for said district. It shall be the duty of the marshal to execute all process of the court, preserve order therein, Pay.and do all things incident to the office of marshal.
The marshal shall be paid a salary of $5,000 per annum. “(g) Appointment, tenure etc., of judge, district attorney, and marshal. The district judge, the district attorney, and the marshal shall be appointed by the President, as heretofore, by and with the advice and consent of the Senate, for terms of four years each, and until their successors are appointed and qualified; they shall reside within the Canal Zone during their term of office, and shall be allowed Leaves of asbence.six weeks’ leave of absence each year with pay, under such regulations as the President may from time to time prescribe.
” " Sec. 3. Vol. 37, p. 565. amended. Section 9 of the Panama Canal Act is hereby amended so as to read as follows: " “Sec. 9. Transfer of records, etc., of existing courts. That the records of the existing courts and all causes, proceedings, and criminal prosecutions pending therein as shown by the dockets thereof, except as herein otherwise provided, shall immediately upon the organization of the courts created by this Act be transferred to such new courts having jurisdiction of like cases, be entered upon the dockets thereof, and proceed as if they had originally been brought therein, whereupon all the existing courts, except the Supreme Court of the Canal Zone, shall cease to exist.
The President may continue the Temporary continuance of Canal Zone Supreme Court.Supreme Court of the Canal Zone and retain the judges thereof in office for such time as to him may seem necessary to determine finally any causes and proceedings which may be pending Duties of court officers con tinned.therein. All laws of the Canal Zone imposing duties upon the clerks or ministerial officers of existing courts shall apply and impose such duties upon the clerks and ministerial officers of the new courts created by this Act having jurisdiction of like cases, matters, and duties.
Practice and procedure continued.“All existing laws in the Canal Zone governing practice and procedure in existing courts shall be applicable and adapted to the practice and procedure in the new courts. “(b) Jurisdiction of circuit court of appeals of fifth circuit, on appeals, etc. The Circuit Court of Appeals of the Fifth Circuit of the United States shall have jurisdiction to review, revise, modify, reverse, or affirm the final judgments and decrees of the district court of the Canal Zone, and to render such judgments as in the opinion of the said appellate court should have been rendered by the trial court in all actions and proceedings in which the Constitution or any statute, treaty, title, right, or privilege of the United States is involved, and in cases in which the value in controversy exceeds $1,000, to be ascertained by the oath of either party or by other competent evidence, and also Review of jurisdiction of trial court.in criminal cases wherein the offense charged is punishable as a felony; and also in civil and criminal cases in which the jurisdiction of the trial court is in issue, but whenever any such case is not otherwise reviewable in said appellate court the question of jurisdiction Procedure.alone shall be reviewable by said appellate court.
And such appellate jurisdiction, subject to the right of review by or appeal to the Supreme Court of the United States as in other cases authorized by law, may1007be exercised by said Circuit Court of Appeals in the same manner, under the same regulations, and by the same procedure as nearly as practicable as is done in reviewing the final judgments and decrees of the district courts of the United States. Cases pending in thePending cases not affected. said Circuit Court of Appeals at the time of the passage of this Act shall not be affected hereby, but the same shall be disposed of as though this Act had not been enacted.
“(c) That it shall not be necessary in the district court of the CanalBlending of law and admiralty Jurisdiction authorized. Zone to exercise separately the law and equity jurisdiction vested in said court; and the code of civil procedure of the Canal Zone and the rules of practice adopted in said zone, in so far as they authorize a blending of said jurisdictions in cases at law and in equity, are hereby confirmed.” " Sec. 4. That section 288 of the Penal Code of the Canal Zone isPenal Code Amendments. hereby amended to read as follows:
" “Sec. 288. A person who engages in, instigates, aids, encourages,Punishment for prize fighting, etc. or does any act to further a fight commonly called a ring or prize fight, or who engages in a public or private sparring exhibition, with or without gloves, within the Canal Zone, who sends or publishes a challenge or acceptance of a challenge for such an exhibition or fight, or trains or assists any person in training or preparing for such an exhibition or fight, shall be guilty of a felony, and upon conviction shall be fined not more than $5,000, or be imprisoned in the penitentiary not more than three years or both: *Provided, however*, That the*Proviso*.Not applicable to authorized boxing exhibitions, etc. provisions of this section shall not apply to voluntary boxing or sparring exhibitions conducted under rules and regulations to be promulgated by the President of the United States, or by the governor of the Panama Canal Zone by authority of the President of the United States.
” " Sec. 5. That section 289 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 289. That every person willfully present as a spectator at anyPresence at a prize fight, a misdemeanor. exhibition or fight prohibited in the preceding section is guilty of a misdemeanor.” " Sec. 6. That section 342 of the Penal Code of the Canal Zone, as amended by the Executive order of March 13, 1907, is hereby amended to read as follows: " “Sec. 342. That grand larceny is larceny committed in eitherGrand larceny cases.Offenses designated. of the following cases:
“1. When tne property taken is of the value of $50 or more; “2. When the property is taken from the person of another; “3. When the property taken is a horse, mare, gelding, cow, steer, bull, calf, mule, jack or jenny.” " Sec. 7. That section 368 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 368. That every person guilty of embezzlement isEmbezzlement punished as feloniously stealing property. punishable in the manner prescribed for feloniously stealing property of the value of that embezzled, and where the property embezzled is an evidence of debt or right of action, the sum due upon it or evidenced to be paid by it shall be taken as its true value.
" Sec. 8. That section 343 of the Penal Code of the Canal Zone is hereby amended to read as follows: " “Sec. 343. That larceny in other cases is petit larceny, and isPetit larceny.Punishmenet. punishable by imprisonment in jail for a term not to exceed thirty days or by a fine of not to exceed $100, or by both such fine and imprisonment.” " Sec. 9. That section 461 of the Penal Code of the Canal Zone is hereby amended by adding thereto a clause numbered seventeenth to read as follows:
" “Seventeenth. That whenever any property or interest is intendedProperty of United States. State, etc., included in protection of Penal Code, as of a person. to be protected by a provision of this Penal Code and the general term person’ or any other general term is used to designate the1008party whose property it is intended to protect, the provision of such Penal Code and the protection thereby given shall extend to the property of the United States of America, or of any State, Territory, or possession of the United States, and any other political entity, foreign or domestic.
This provision shall not be construed to restrict the meaning of the term ‘person’ as defined under any other provision of this Penal Code.” " Sec. 10. Operation of Panama Canal. That paragraph 2 of the Executive order of the President of July 9, 1914, establishing rules and regulations for the operation and navigation of the Panama Canal and approaches thereto, including all water under its jurisdiction, is hereby amended to read as follows: " “2. Punishment for violating rules for, amended.
Any person violating any of the provisions of the rules and regulations established hereunder shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $100, or by imprisonment in jail not exceeding thirty days, or by both such fine and imprisonment.” " Sec. 11. Deposit money orders.Vol. 39. p, 528, amended. That section 6 of an Act entitled “An Act extending certain privileges of canal employees to other officials on the Canal Zone and authorizing the President to make rules and regulations affecting health, sanitation, quarantine, taxation, public roads, self-propelled vehicles, and police powers on the Canal Zone, and for other purposes, including provision as to certain fees, money orders, and interest deposits,” approved August 21, 1916, be amended to read as follows:
" “Sec. 6. Interest on, increased. That deposit money orders issued in the Canal Zone in lieu of postal savings certificates in accordance with the rules and regulations heretofore established by the President, or that may hereafter be established by him, shall bear interest at a rate not exceeding 3 per centum per annum.” " Sec. 12. Divorce.Causes entitling injured party to obtain, in the district court. Divorce—Causes.— That in every case in which a marriage has been, or hereafter may be, contracted and solemnized between any two persons, and it shall be adjudged, in the manner hereinafter provided, that either party at the time of such marriage was, and continues to be
(1)naturally impotent; or
(2)that he or she had a wife or husband living at the time of such marriage; or
(3)that either party has committed adultery subsequent to the marriage, except as hereinafter provided; or
(4)has willfully deserted and absented herself or himself from the husband or wife without any reasonable cause for a period of two years; or
(5)has been guilty of willful neglect which shall consist of the willful failure of the husband to provide for his wife the necessaries of life, he having the ability to do so, or the willful failure to do so by reason of voluntary idleness, profligacy, or dissipation, in either case continued for a period of one year; or
(6)has been guilty of habitual drunkenness for the space of two years; or
(7)has attempted the life of the other by any means showing malice; or
(8)has been guilty of extreme and repeated cruelty, involving acts of grievous bodily injury or producing grievous mental suffering endangering life, health, or reason; or
(9)has been, subsequent to the marriage, convicted of felony or other infamous crime, it shall be lawful for the injured party to obtain a divorce and dissolution of such marriage contract in the district court of the Canal Zone. Sec. 13. Petition to be filed in division of residence. Venue—Residence.—
(a)That the petition for divorce shall be filed in the division of the court in which the petitioner Residence construed.resides. Any person having an official residence within the territorial limits of the Canal Zone, or who resides therein for the purpose of any occupation or employment, shall, during such residence, be deemed a resident of the Canal Zone for the purpose of this Act, notwithstanding that he or she may not have acquired a permanent domicile within the Canal Zone. 1009
(b)No person shall be entitled to a divorce in pursuance of theActual residence of one year required. provisions of this Act who has not actually resided on the Canal Zone continuously during the whole year next before the filing of his or her petition, which residence shall be duly proven by the petitioner to the satisfaction of the court by at least two witnesses who are residents of the Canal Zone; and the petitioner shall file with theAffidavit of, to be filed with petition. petition his or her own affidavit, in which he or she shall state the length of time the petitioner has resided on the Canal Zone, the place or places where he or she has resided for the last preceding year, and his or her office or occupation. Sec. 14. When not granted for adultery.— Divorces shall notGrounds for not granting, for adultery. be granted for adultery when
(1)the offense has been committed with the consent or connivance of the party seeking the divorce; or
(2)when the party seeking the divorce has voluntarily cohabited with the other with knowledge that the offense has been committed; or
(3)when the party seeking the divorce has also been guilty of adultery under such circumstances as would have entitled the other party, if innocent, to a divorce. Sec. 15. Process—Service—Notice by publication.—
(a)TheService of process. clerk of the district court shall issue a summons for the defendant to appear and answer, which summons shall be personally served on thePersonally. defendant, if the defendant is found on the Canal Zone, by delivering a true copy thereof to the defendant in person.
(b)When any petitioner shall file in the office of the clerk of theBy publication. district court an affidavit showing—
(1)That the husband and wife have their legal domicile in theConditions. Canal Zone and that the defendant has gone out of the Canal Zone and willfully refuses to return, so that process can not be personally served upon him or her; or
(2)That the marriage was celebrated in the Canal Zone and the wife, being the petitioner, continues to reside therein, and the husband, being the defendant, has abandoned his wife and gone out of the Canal Zone to avoid his marital obligations; or
(3)That the marriage was celebrated in the Canal Zone and the husband, being petitioner, continues to reside therein and was abandoned by his wife, the defendant, who has gone out of the Canal Zone in disregard of her marriage obligation; and When such affidavit states the present place of residence of theIn Canal Zone newspaper. defendant, if known, or that upon diligent inquiry his or her present place of residence can not be ascertained, and stating the last known place of residence of the defendant, the clerk shall cause publication to be made in some newspaper published in the Canal Zone, and ifNewspaper in Panama. there is no newspaper published in the Canal Zone, then in the nearest reliable newspaper with a general circulation published in the Republic of Panama, and printed in English or having an English section or edition, containing notice of the pendency of such suit, the names of the parties thereto, the time and place of return of the summons in the case; and he shall also, within ten days after the first publicationCopy mailed to address of defendant. of such notice, send a copy thereof by mail addressed to the defendant at the last known place of residence stated in the affidavit. The certificate of the clerk that he has sent such notice shall be evidence thereof.
(c)The notice by publication required herein may be given at anyIf defendant not found in Canal Zone, no proceedings until 90 days after first publication. time after the commencement of the suit and after summons has been returned showing that the defendant was not found on the Canal Zone, and shall be published at least once each week for three successive weeks, and no default or proceeding shall be taken against any defendant not personally served with summons and not appearing, unless ninety days shall intervene between the first publication as aforesaid and the date at which such default or proceeding is proposed1010Proof of service.to be taken. All the facts necessary to constitute personal service, where personal service is had, or to authorize the notice by publication, where service is had by publication, must be established to the *Proviso*.Proceedings after 30 days if defendant in Panama, etc.satisfaction of the court by competent evidence: *Provided*, That if the defendant resides or is found within the Republic of Panama and the place of such residence is established to the satisfaction of the court by competent evidence, then such default or other proceeding may be taken against the defendant when thirty days shall intervene between the first publication and the date at which such default or proceeding is proposed to be taken. Sec. 16. Time for trial. Issue and trial.—
(a)The cause shall stand for trial after the summons has been personally served upon the defendant at least ten days, or ninety days after the first publication, or thirty days after the first publication if the defendant resides in the Republic Process and practice.of Panama. The process and practice under proceedings for divorce shall be the same as in other cases in chancery except as in this Act otherwise provided.
(b)Examination of witnesses, etc., if bill taken as confessed. If the bill is taken as confessed, the court shall proceed to hear the cause by examination of witnesses in open court, and in no case of default shall the court grant a divorce unless the judge is satisfied that all proper means have been taken to notify the defendant of the pendency of the suit, and that the cause of divorce has been fully proven by competent evidence. Whenever the district judge is satisfied that the interests of the defendant require it, the court may order such additional notice as equity may seem to require.
(c)Court to be satisfied of truth of admissions, etc. No admission of the defendant shall be taken as evidence unless the court shall be satisfied that such admission was made in sincerity and without fraud or collusion to enable the complainant to obtain a divorce. If it shall appear to the satisfaction of the court that the injury complained of was occasioned by collusion of the parties, or done with the assent of the complainant for the purpose of obtaining a divorce, or that the complainant was consenting thereto, then no divorce shall be decreed. Sec. 17. Court to order custody of children pending suit. Custody of children pending suit.— The court may, on the application of either party, make such order concerning the custody and care of the minor children of the parties during the pendency of the suit as may be deemed expedient and for the benefit of the children. Sec. 18. Legitimacy not affected. Legitimacy of children.— No divorce shall in anywise affect the legitimacy of the children of such marriage. Sec. 19. Proceedings if cross petition be filed by defendant. Cross petition and proceedings thereon.— In addition to an answer, the defendant may file a cross petition for divorce; and when filed the court shall decree the divorce to the party legally entitled Action if original, dismissed.thereto. If the original petition be dismissed after the filing of the cross petition, the defendant may proceed to the trial of the cross petition without further notice to the adverse party; and the case upon such cross petition shall in all things be governed by the same rules applicable to a case on an original petition. Sec. 20. Allowance of alimony pending suit. Alimony pending suit.—
(a)In all cases of divorce the court may require the husband to pay to the wife or pay into court for her use during the pendency of the suit such sum or sums of money as may enable her to maintain or defend the suit; and in every suit for divorce, the wife, when it is just and equitable, shall be entitled to alimony during the pendency of the suit. And in case Enforcement during appeal or writ of error.of appeal or writ of error by the husband, the district court may grant and enforce the payment of such money for her defense and such equitable alimony during the pendency of the appeal or writ of error as to the court shall seem reasonable and proper.
(b)Resumption of maiden name. The court, upon granting to a woman a divorce from the bonds of matrimony, may allow her to resume her maiden name or the name of any former husband. 1011
(c)Whenever a divorce is granted, if it shall appear to the courtConveyance of property belonging to the other. that either party holds the title to property equitably belonging to the other, the court may compel conveyance thereof to the party entitled to the same, upon such terms as it shall deem equitable.
(d)When a divorce shall bo decreed the court may make suchDecree may include order for maintenance of wife, care of children, etc.Enforcement, etc. order touching the alimony and maintenance of the wife, the care, custody, and support of the children, or any of them as, from the circumstances of the parties and the nature of the case, shall be reasonable and just; and in case the wife be complainant, to order the defendant to give reasonable security for such alimony and maintenance, or may enforce the payment of such alimony and maintenance in any other manner consistent with the rules and practice of the court. And the court may, on application, from time to timeAlterations in allowance, etc. make such alterations in the allowance of alimony and maintenance and the care, custody, and support of the children as shall appear reasonable and proper. In decreeing a divorce to the wife the courtManner of paying alimony. may order the husband to pay alimony in a gross sum or in installments as may seem best. And it may make such orders and enforce the same by attachment and secure the payment of such alimony, but judgment for alimony can not be taken when the defendant is not personally served with summons or does not voluntarily appear. Sec. 21. Remarriage within one year forbidden.— In everyNeither party may remarry in one year. case, in which a divorce has been granted, neither party shall marry again within one year from the time the decree was granted:*Provisos*.Two years if guilty of adultery. *Provided*, That when the cause for such divorce is adultery, the person decreed guilty of adultery shall not marry for a term of two years from the time the decree was granted: *Provided, however*, ThatRemarrying each other allowed. nothing in this paragraph shall prevent the persons divorced from remarrying each other, and every person marrying contrary to the provisionsPunishment for violations. of this paragraph shall be punished by imprisonment in the penitentiary for not less than one year nor more than three years, and said marriage shall be held absolutely void. Sec. 22. That all proceedings in the District Court of the CanalFormer proceedings legalized. Zone, wherein and whereby a decree of divorce has heretofore been granted upon personal service, or service by pubheation, and wherein other orders have been made affecting the status of the parties or their children, are hereby legalized. Sec. 23. That all laws, orders, and regulations, or parts thereof inConflicting laws, etc.; repealed. conflict with this Act are hereby repealed. Approved, September 21, 1922.