Chapter 19. To amend the Panama Canal Act and other laws applicable to the Canal Zone, and for other purposes
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CHAP. 19.— An Act To amend the Panama Canal Act and other laws applicable to the Canal Zone, and for other purposes.December 29, 1926.[[H. R. 12316](/us/bill/69/hr/12316).][[Public, No. 534](/us/pl/69/534).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Panama Canal Act amendments. That subdivision
(c)of section 8 of the Panama Canal Act, as amended, is amended to read as follows: " “(c) District court.Jury duty.Vol. 42, p. 1005, amended. The judge of the district court shall provide for the selection, summoning, and serving of jurors from among the citizens of the United States subject to jury duty, to serve in the division of the Qualifications.district in which such jurors reside. Any citizen of the United States who is employed by the Panama Canal or Panama Railroad Company within the Canal Zone, and who resides in a residence owned by the Panama Canal or Panama Railroad Company in territory contiguous to the Canal Zone shall, for the purposes of this subdivision, be deemed to reside in the division nearest his place of residence. A jury shall be had, on the demand of either party, in any criminal case or civil case at law originating in said court. Compensation.The compensation of jurors shall be prescribed by order of the President.”" Sec. 2. Vol. 42, p. 1006, amended. Subdivision
(g)of section 8 of the Panama Canal Act, as amended, is amended to read as follows: " “(g) Appointment, tenure, etc., of judge, 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. Each shall reside within the Canal Zone during his term of office, and shall be allowed Leaves of absence.sixty days’ leave of absence each year, with pay, under such regulations as the President may from time to time prescribe.”" Sec. 3. Divorce, etc.Vol. 42, p. 1009, amended. Section 15 of the Act entitled “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,” approved September 21, 1922, is amended to read as follows: " “Sec. 15. Service of process.Vol. 42, p. 1009. Process—Service, personal and by publication.—
(a)Upon the filing of a petition for divorce and the affidavit required 925by subdivision
(b)of section 13 the clerk of the district court shall issue a summons requiring the defendant to appear and answer. If the defendant can be found in the Canal Zone, such summonsPersonally. shall be served by delivering to the defendant in person a true copy thereof and a copy of the petition for divorce. If the defendant can not be found in the Canal Zone, the summons shall be returned to such clerk with an indorsement thereon showing such fact. “(b) Upon application of the petitioner, accompanied by the affidavitBy publication if not personally. required by subdivision (c), if the summons has not been served as provided in subdivision (a), the court, or the judge thereof, shall enter an order directing service of a summons by publication if it appears to the satisfaction of such court or judge— “(1) That the defendant can not be found in the Canal Zone; andConditions, “(2) That a proper cause for divorce is alleged in favor of the petitioner; and “(3) Either
(A)that the husband and wife have resided together in the Canal Zone and that the defendant has gone out of the Canal Zone and wilfully refuses to return, so that process can not be personally served upon such defendant; or
(B)that the marriage was celebrated in the Canal Zone and that the defendant has abandoned the petitioner and gone out of the Canal Zone in disregard of his or her marital obligations. “(c) The petitioner shall file, with the application for an orderAffidavit of petitioner required. directing service of summons by publication, an affidavit stating the present address of the defendant, except that if such address is not known to the petitioner such affidavit shall state the last known address of the defendant, and that, after the exercise of due diligence, the petitioner has been unable to ascertain such present address. Such affidavit shall contain such other information as the court, or the judge thereof, may require. “(d) Upon entry of an order directing service of a summons byPublication of order of service of summons. publication the clerk of the court shall cause such summons to be published at least once each week for three successive weeks in the newspaper designated in such order. The court, or the judge thereof, shall designate a newspaper printed and published in the Canal Zone and of general circulation therein, or a newspaper printed in English or having an English section or edition and published in the Republic of Panama and having a general circulation in the Canal Zone, which, in the opinion of the court or judge, will be most likely to give notice to the defendant. The clerk of the court shall mail aCopy by mail to defendant. copy of the summons and a copy of the petition, not later than ten days after the first publication of the summons, addressed to the defendant at his or her last known place of residence. The court is authorized to adopt rules prescribing the form of such summons. “(e) The clerk of the court, after the last publication of a summons,Certificate of publication and mailing. shall make certificate that the summons has been published and that a copy of the summons and petition has been mailed as required in subdivision (d), and a copy of such summons as published shall be attached to such certificate. Such certificate and copy shall be evidence of such publication and mailing. “(f) In any case where service by publication may be ordered thePersonal service outside Canal Zone, court, or the judge thereof, upon application of the petitioner, shall authorize personal service upon the defendant outside the Canal Zone. Such service shall be made by delivering to the defendant in person a true copy of the summons and a copy of the petition for divorce, and may be made by any person not a party to or otherwise interested in the subject matter in controversy. Such service shall have only the effect of service of summons by publication. Return of suchReturn, etc. summons shall be made with a notation of the time and place of service and the fact that the defendant served is a nonresident of the 926Canal Zone. Such return shall be made under oath. The cost of making such service shall be borne by the party at whose instance the same was made, except that if made by any such officer authorized to serve process, the actual cost of such service shall be included as a part of the costs of the case. “(g) Facts of service required before entering decree. All the facts relating to the service of summons, whether made personally or by publication, must be established to the satisfaction of the court, or the judge thereof, before any decree is entered pursuant to a petition for divorce.”" Sec. 4. Vol. 42, p. 1010, amended. Subdivision
(a)of section 16 of such Act of September 21, 1922, is amended to read as follows: " “Sec. 16. Process and practice. Appearance and answer—Issue and triad.—
(a)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. Time for trial.In no such proceedings shall the cause stand for trial before the expiration of the time allowed for the defendant to appear and Summons for appearance.answer. A summons issued or published under section 15 shall require the defendant to appear and answer— “(1) After personal service. Within ten days after personal service thereof if such service is had in the Canal Zone; “(2) Within thirty days after personal service thereof if such service is had in the Republic of Panama; “(3) Within ninety days after personal service if such service is had outside of the Canal Zone and the Republic of Panama; “(4) Service by publication. Within thirty days after the first publication of summons if the defendant resides in the Canal Zone or the Republic of Panama; and “(5) Within ninety days after the first publication of summons if the defendant resides outside the Canal Zone and the Republic of Panama.”" Sec. 5. Vol. 42, p. 1011, amended.
(a)Section 21 of such Act of September 21, 1922, is amended to read as follows: " “ Sec. 21. Interlocutory order if case proven. Effective date of decree.—
(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 divorce has been proved, and every such interlocutory order shall expressly state that no divorce is granted Appeal.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) Final decree on expiration of interlocutory order, etc. 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 expiration of such period then after the final disposition of the case if determined in favor of the petitioner, 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, or upon its own motion may, enter a final decree No appeal allowed therefrom.Divorces under prior law not affected.granting a divorce. No appeal may be taken from such final decree.”"
(b)Section 21 of such Act of September 21, 1922, as in force immediately prior to the passage of this Act, shall be applicable in respect of divorces granted prior to the passage of this Act in the same manner and to the same extent as though this Act had not been passed. purchase of suppliesSupplies. Sec. 6. Small purchases of, in open market. The Governor of the Panama Canal may authorize, under such regulations as he may prescribe, the purchase of supplies 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. 927 action for wrongful deathInjuries resulting in death. Sec. 7.
(a)Whenever by any injury done or happening within theAction for damages against party liable therefor. Canal Zone the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured (or, in the case of a married woman, have entitled her or her husband, either individually or jointly) to maintain an action and recover damages in respect thereof, the individual who or corporation, company, or association which would have been liable if death had not ensued shall be liable to an action for damages notwithstanding the death of the person injured, and even though the death shall have been caused under such circumstances as amount in law to a felony.
(b)Every action under this section shall be brought by and inBy personal representative. the name of the personal representatives and within one year after the death of such deceased person.
(c)No action shall be maintained under this section if the personNot allowed if damages recovered by party. suffering injury and death, or any person for him, has recovered damages on account of such injury.
(d)In an action under this section the jury shall award suchCompensation to be awarded. damages as it shall deem to be a fair and just compensation assessed with reference to the pecuniary injury, resulting from such death, to the surviving spouse and children of the deceased, and if there isBeneficiaries. neither a surviving spouse nor child, then to the parents of the deceased, and if there is no parent, then to the brothers and sisters and other blood relatives dependent upon the deceased for support.
(e)Damages recovered in an action under this section shall be forDistribution specified. the exclusive benefit of the surviving spouse and other persons enumerated in subdivision (d), and shall be distributed to them, in the order named in such subdivision, according to the laws in force in the Canal Zone applicable to the distribution of estates.
(f)In no case shall recovery under this section exceed the sumMaximum restricted. of $10,000.
(g)This section shall not be construed as authorizing a suitNo suit against United States. against the United States nor as modifying or repealing any other Act. void and voidable marriages—celebration of marriagesMarriages. Sec. 8.
(a)A marriage celebrated in the Canal Zone after theVoid, if celebrated hereafter. enactment of this Act shall be void, without being so decreed—
(1)If between persons related by consanguinity within the fourthWithout a decree. degree, determined according to the civil law;
(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;
(3)If either party thereto is not present in person at the celebration of the marriage.
(b)A void marriage may, in addition, be declared by judicialBy judicial decree. decree, or be shown in any collateral proceeding, to have been void from the time of its celebration. Sec. 9.
(a)A marriage celebrated in the Canal Zone after theVoidable. enactment of this Act shall be voidable—
(1)If either party thereto, at the time of the marriage, is an idiotGrounds for voiding. or a lunatic;
(2)If the consent of either party thereto was procured by force or fraud;
(3)If either party thereto is, at the time of the marriage, incapable. from physical cause, of entering into the marriage state;
(4)If, because of the age of either party thereto, a written consent under section 13 was required, and the marriage was celebrated*Post*, p. 1023. without such consent; or 928
(5)If, at the time of the marriage, the male is under seventeen or the female is under fourteen years of age.
(b)Valid until annulled by judicial decree. A voidable marriage shall be held to be valid until it is annulled, by judicial decree, as of the date of such decree. Sec. 10. Procedure if marriages outside of Canal Zone.
(a)A marriage celebrated outside of the Canal Zone may be declared void or may be annulled in the same manner and with the same effect as though it had been celebrated in the Canal Zone if both parties to such marriage resided in the Canal Zone within a period of thirty days before and a period of thirty days after the date of such marriage.
(b)Institution of suit by government of Canal Zone. A suit to have any such marriage celebrated outside the Canal Zone declared void or annulled may, in addition, be instituted by the district attorney for the Canal Zone in the name of the government of the Canal Zone. Sec. 11. Jurisdiction of district court.
(a)The District Court for the Canal Zone shall have jurisdiction of a suit to have a marriage declared void or annulled.
(b)In case of minors. In the case of a male under twenty-one or a female under eighteen years of age such suit may be instituted through a next friend or by a parent or guardian. In the case of an idiot or a lunatic such suit may be instituted through a next friend.
(c)Knowledge of voidable circumstances a bar to annulment suits. No suit to have a marriage annulled may be instituted by a person who, when fully capable of contracting marriage, entered into such marriage willfully and with knowledge of the circumstances rendering such marriage voidable. Sec. 12. Age restriction of minors.
(a)Except as provided in subdivision (b), a male under twenty-one years of age or a female under eighteen years of age may not enter into a marriage in the Canal Zone.
(b)Permission by written consent of parents, etc. A male seventeen years of age or over and under twenty-one years of age, or a female fourteen years of age or over and under eighteen years of age, may enter into a marriage with the written consent of his or her natural or adopted parents, or of the parent having custody of such male or female if such parents are divorced, or of one of such parents if the other is dead, or has deserted his or her family, or has been adjudged insane or a lunatic, or of a legally appointed guardian if there is no parent qualified to give such consent. Sec. 13. Marriage licenses required.
(a)No marriage 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. Such license when issued shall be accompanied by a marriage certificate to be filled in by the person celebrating the marriage.
(b)Issue by clerk of the court. Such clerk shall, upon application therefor in accordance with subdivision (c), accompanied by the written consent when Application, etc., required.*Post*, p. 1023.required by subdivision
(b)of section 13, issue a license to marry if it appears to the satisfaction of such clerk from the sworn statement of the persons desiring to marry or, if required by such clerk, from the sworn statement of another, that no legal impediment to the marriage is known to exist.
(c)Statements to be made. The application for a license to marry shall state—
(1)The name, address, age, color, and race of each of the persons to be married;
(2)The relationship, if any, of such persons, by consanguinity or affinity;
(3)If either of such persons has been previously married, then the date and place of each previous marriage, the name of each person to whom previously married, and the manner in which each such marriage has been terminated.
(d)Forms. The district court shall prescribe the form of the application for a license to marry, of the license to marry, and of the marriage certificate. 929
(e)The clerk shall be paid a fee of $2 upon the issuance of aFees, record, etc. license to many, and shall keep a record of all licenses issued and of all applications for licenses, together with any written consent of parents or a parent or guardian accompanying the same. Such fee shall be disposed of in the same manner as other fees received by such clerk. Sec. 14.
(a)A marriage may be celebrated in the Canal ZoneCelebration of marriages. only by—
(1)A judicial officer of the Canal Zone.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 denominationIn Panama Republic. 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 paragraphLicense to minister in Panama.
(3)of subdivision
(a)to any such minister if such clerk is satisfied that such minister is qualified to celebrate marriages in the Canal Zone. The clerk shall be paid a fee of $2 for issuing and recording any such license. Such fee shall be disposed of in the same manner as other fees received by such clerk. Sec. 15.
(a)The judicial officer or minister celebrating a marriageRequirements at marriage. shall—
(1)Certify upon the marriage license that he celebrated suchCertificate, etc. marriage, giving his official title and the time when and place where such marriage was celebrated;
(2)Cause two persons who witnessed the marriage to sign theirSignature, etc., of witnesses. names on the marriage license as witnesses, each giving his place of residence;
(3)At the time of the marriage, fill out and sign the marriageIssue of certificate. certificate accompanying the license and deliver it to one of the parties to the marriage; and
(4)Within thirty days after the date of the marriage, returnReturn of certified license. such license, so certified and witnessed, to the clerk who issued such license.
(b)Upon return of a license as required in subdivision (a), theClerk to file returned license, and make, entry in marriage registry. clerk shall file the same after making registry thereof in a book to be kept in his office for that purpose only, such registry to contain the Christian and surnames of the parties, the time of their marriage, and the name and title of the person who celebrated the marriage. Sec. 16.
(a)Any judicial officer or minister who is qualified toSpecified offenses.Violation of provision hereof by judicial officer, etc., a misdemeanor.*Post*, p. 1023. celebrate marriages in the Canal Zone and who violates any of the provisions of section 14, 15, or 16 of this Act shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than $25, or by imprisonment for not more thanPenalty for. thirty days, or both.
(b)Any person who knowingly makes or causes to be made anyMaking false oath to procure license. false oath as to any material matter for the purpose of procuring or aiding another to procure a marriage license shall be deemed guilty of perjury and shall, upon conviction thereof, be punished by imprisonmentPunishment for. for not less than one nor more than ten years.
(c)Any person who knowingly files or causes to be filed with theForging written consent with clerk. clerk a written consent any signature to which is a forgery shall be deemed guilty of uttering a forged instrument and shall, upon conviction thereof, be punished by imprisonment for not less than onePunishment for. nor more than fourteen years.
(d)Any person who is not qualified to celebrate marriages in thePunishment for celebrating marriage in Canal Zone by person not qualified. Canal Zone under this Act and who celebrates in the Canal Zone 930what purports to be a marriage ceremony shall, upon conviction thereof, be punished by imprisonment for not more than three years. escheat of propertyEscheat of property. Sec. 17. Property in Canal Zone of person dying without heirs, devisees, etc., to escheat to United States. If a person dies, or has heretofore died, owning any property situated in the Canal Zone and leaving no heir, next of kin, devisee, legatee, or other person entitled thereto, and if such property has not, prior to the enactment of this Act, been decreed to have escheated under section 780 of the Code of Civil Procedure of the Canal Zone, such property shall escheat to the United States. Sec. 18. Petition for escheat decree to be filed by district attorney of Canal Zone two years after death of such decedent.
(a)In any case where he believes that property has escheated to the United States, the District Attorney for the Canal Zone, after the expiration of two years from the date of the death of the deceased person, shall file, for the benefit of the United States and in the name of the government of the Canal Zone, in either division of the district court for the Canal Zone, a petition praying for a decree declaring that such property has escheated to the United States. One petition may cover any number of estates, but the facts relating to each estate shall be stated in a separate count. Each count as to which the claim of the United States is contested shall be tried separately. The court shall enter a separate decree on each count, and may apportion and tax costs as justice may require.
(b)Publication of notice of hearing. Upon the filing of such petition the court shall fix a time and place for a hearing thereon, and direct the clerk to give notice thereof by publication at least once each week for four successive weeks in a newspaper designated by the court and having a general circulation in the Canal Zone and an English section or edition. The first publication shall be not less than ninety days prior to the time fixed Service of notice on person in possession.for the hearing. Such notice shall also be served personally on any person in possession of any of such property at the time of the filing of the petition.
(c)Form of notice. Such notice shall be in such form as the court may prescribe, shall state the time and place of such hearing, and shall require any and all persons claiming any interest in any of such property to appear at such hearing and assert their claims. Sec. 19. Decree of escheat.
(a)If, after such hearing, the court finds that any of such property has escheated, it shall enter its decree to that effect. Sale of property.Such decree may direct the sale of any of the escheated property, in the manner provided for the sale of property on execution, and Deposit of proceeds as a special fund.direct the deposit, after the payment of all just debts and charges, of all moneys realized from such estate with the collector of the Panama Canal, as a special fund, to be kept separate and apart from all other funds.
(b)Investment of funds. The collector of the Panama Canal shall, as nearly as may be, keep all the funds deposited under the provisions of this section in a separate account and invested in United States Government bonds, United States postal savings certificates, or United States post-office money orders, bearing interest, until disposed of as hereinafter provided. Sec. 20. Claim for escheated property may be filed within eight years after decree.
(a)Any person claiming an interest in any property which has escheated, if his claim has not been adjudicated, may, at any time within eight years from the date of the decree under subdivision
(a)*Post*, p. 1023.of section 20, or from the date of the final disposition of the case if an appeal is taken from such decree, file a claim in either division Notice, hearing, etc.of the district court for the Canal Zone. Upon the filing of such claim the court shall direct the clerk to serve notice upon the district attorney for the Canal Zone. Such notice shall be in such form as the court may prescribe and shall state the time and place fixed for a hearing upon such claim. 931
(b)If, after hearing, the court finds in favor of the claimant, itEffect of favorable decree. shall enter its decree to that effect, stating the amount of money (including interest) to which such claimant is entitled. The collectorPayment. of the Panama Canal, upon presentation by the claimant of a certified copy of the decree of the court which has become final, shall pay to the claimant the amount of money to which such claimant is entitled. Costs in any such proceeding shall be assessed byCosts. the court and paid by, or deducted from any amount due, the claimant.
(c)Upon the expiration of such period of eight years, or, if aIf claim not success’ fill, fund to be covered into the Treasury with interest realized therefrom.*Post*, p. 1023. claim is pending, upon the final disposition of such claim, any money deposited in accordance with a decree under subdivision
(a)of section 20 and not successfully claimed under this section, together with any interest realized from the investment thereof, shall be covered into the Treasury of the United States as miscellaneous receipts, and all claims thereto shall thereafter be forever barred. Sec. 21. All proceedings under sections 19 and 21 shall be deemedProceedings deemed equitable actions.*Post*, p. 1023. equitable actions, triable by the court without the intervention of a jury. In any case involving an amount exceeding $1,000, where aAppeals allowed. decree has been entered after contest, an appeal may be taken in the same manner and within the same time as an appeal in other civil actions. settlement of estatesSettlement of estates. Sec. 22. Hereafter, in the Canal Zone, the settlement of the estateNo delay if no heir, etc., can be found. of a deceased person shall not be delayed because any heir, next of kin, devisee, legatee, or person entitled thereto, or to any part thereof, is unknown or can not be found. In any such ease the court shall, inInterest thereof to be converted into money and held as a special fund. the decree of distribution, fix the interest of such heir, next of kin, devisee, legatee, or person in such estate, direct the conversion of such interest into money, and direct that the money representing the interest of such person be paid to the administrator of estates of the Canal Zone, to be held by such administrator as a special fund, distinct and apart from all other funds. Such fund, or any partDisbursed by administrator of estates by order of court. thereof, shall be disbursed by such administrator thereafter only by order of the court, either to the person entitled thereto, on presentation of claim and satisfactory proof to the court, or to the collector of the Panama Canal pursuant to a proceeding under*Post*, p. 1024. section 19. Approved, December 29, 1926.