United States Statutes at Large, Volume 76, Part 1

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

From inside the book

Contents

CHAPTER 9HOLIDAYS Sec 111 Legal holidays 996
6
CHAPTER 3EXECUTIVE
7
III
14
CHAPTER 15PUBLIC PROPERTY AND PROCUREMENT
26
Assistance of Armed Forces
35
CHAPTER 65HIGHWAYS ROADS AND VEHICLES
37
Appointment tenure leave and residence of United States attorney
41
00
43
Report on sale of securities
45
AERONAUTICS_
51
DOMESTIC ANIMALS
57
Continuation purposes offices and residence of the Company
61
HEALTH AND SAFETY
63
Subjection to treaties and laws applicable to Panama Railroad Com
67
NOTARIES PUBLIC
69
CHAPTER 17ATTORNEYS AT LAW SUBCHAPTER IADMISSION REMOVAL AND SUSPENSION OF ATTORNEYS Sec Page 541 Admission to...
71
Certificate of admission
72
Transfer of Canal and facilities to Company
73
Appearance
74
PROFESSIONS AND OCCUPATIONS
75
Authority
76
TITLE 4CIVIL LAWS CHAPTER
77
GENERAL PROVISIONS
78
PERSONAL RIGHTS
80
SHIPPING AND NAVIGATION_
81
NATURE OF PROPERTY_
82
MODIFICATIONS OF OWNERSHIP
83
RIGHTS OF OWNERS__
87
GENERAL DEFINITIONS AFFECTING PROPERTY
88
LIFE AND DISABILITY INSURANCE
89
MODES OF ACQUIRING PROPERTY
90
ACCESSION
91
TRANSFER OF PROPERTY_
92
Transfer of other personal property by sale
94
PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS
100
29
106
Sec Page 811 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
Satisfaction defined
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
Implied warranties in sale by sample
131
SUBCHAPTER IITRANSFER OF PROPERTY AND TITLE Article ATransfer of Property as Between Seller and Buyer 1441 Property not to pass unt...
132
Reservation of right of possession or property when goods are shipped
133
Risk of loss
134
Creditors rights against sold goods in sellers possession
135
Rights of person to whom document has been negotiated
136
Indorser not a guarantor__
137
Delivery of wrong quantity
138
Right to examine the goods
139
SUBCHAPTER IVRIGHTS OF UNPAID SELLER Article ARights of Unpaid Seller Against the Goods 1491 Definition of unpaid seller
140
When lien is lost
141
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
30
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
Negotiable receipts must be cancelled or marked when part of goods
160
Article DCriminal Offenses
167
Sec Page 1871 Innkeepers lien on property of guests
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
SUBCHAPTER IDEFINITIONS Sec 2661 Agent and agency defined
188
Consideration unnecessary
189
Power to disobey instructions
190
CHAPTER 79PARTNERSHIP IN GENERAL
193
SUBCHAPTER IVALTERATION AND DISSOLUTION
198
Interest and profits
200
Sec Page 3201 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
Sec 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 IVLIABILITY OF GUARANTORS
219
SUBCHAPTER VLETTER OF CREDIT
220
Sec Page 3921 Definition of letter of credit
222
Letter as continuing guaranty in certain cases
223
General or special liens
224
Compensation of holder of lien
225
SUBCHAPTER VIEXTINCTION OF LIENS 4071 Lien as accessory to act whose performance it secures
226
Definition of mortgage
227
Power of sale
228
Bottomry and respondentia excluded from chapter
229
Filing assignment of mortgage notice
230
CHAPTER 101PLEDGE Sec 4201 Definition
231
Deposit of pledged property with third person as pledge holder
232
Waiver of demand for performance
233
b Livery and feedstable etc proprietors
234
Article DRights of Holder
236
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
251
Notice to antecedent party time
252
Notice of nonpayment where acceptance refused
253
Renunciation by holder
254
Treatment of bill as promissory note
255
General acceptance
256
Days on which presentment may be made
257
Persons who may make protest_
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
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 IGENERAL PRINCIPLES Sec 4761 Allowance of specific or preventive relief
267
Enforcement of penal law penalty or forfeiture
268
Parties not entitled to specific performance
269
Article ECancellation of Instruments 4831 Grounds for cancellation
270
Uniformity of interpretation__
271
Powers of courts in conduct of proceedings
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
Accounting of assignee
277
Proceedings in English language
278
Private nuisance defined
279
CHAPTER 1GENERAL PROVISIONS
280
Division of judicial remedies
281
Actions not otherwise provided for
282
Actions on accounts ___
283
Death before expiration of limitation period
284
CHAPTER 7COMMENCEMENT OF ACTIONS SERVICE
287
Disposition of deposit
291
SUBCHAPTER VIDEPOSITS IN COURT HANDLING OF FUNDS BY CLERK
292
Affidavit to obtain order
293
Garnishment notice to garnishee
301
Sec Page 411 Order for deposit of money or property or delivery to another party
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
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
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
Filing of undertaking exception to and justification of sureties
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
Discharge of person detained by virtue of process
351
Recommitment to proper custody
352
CHAPTER 57HOSPITALIZATION OF MENTALLY ILL Sec 1631 Definitions___
353
Emergency hospitalization
354
Right to discharge on application emergency detention
355
Detention under special circumstances
357
Right to communicate and receive visitors exercise of civil rights__
358
Discharge upon medical review
359
Payment of charges
360
Action to quiet title to real and personal property
361
Injunction against injury during foreclosure or after execution sale
362
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 behavior
390
Preliminary examination
391
SUBCHAPTER VIIIHEARSAY EVIDENCE 2961 Definitions
392
31
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
33
409
Statute of frauds transfer of real property
410
47
411
GENERAL PROVISIONS_
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
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
Compelling attendance of witnesses and production of papers
426
BURGLARY_
428
CHILDREN_
429
CIVIL RIGHTS
430
CONTEMPTS_
431
CONTRACTS_
432
DISORDERLY CONDUct
435
DUELS AND CHALLENGES
436
ESCAPE AND RESCUE___
437
EXTORTION OPPRESSION AND THREATS
438
FALSE IMPRISONMENT
439
FORGERY AND COUNTERFEITING_
440
FRAUD AND FALSE STATEMENTS_
444
False representation by married person when selling or mortgaging
446
HABEAS CORPUS OFFENSES_
447
HEALTH AND SAFETY
448
nent injury tear gas mustard gas acid or explosives
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
General personal rights
465
LOTTERIES AND GAMBLING_
466
Sec Page
467
MALICIOUS OR OTHER INJURY TO PROPERTY
469
MARRIAGES
473
60
474
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
Throwing injurious substances on highways
491
Slander___
494
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 54 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
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
Remanding cause to magistrate
515
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
Depositions on motion of defendant____
524
Application for order to district court or magistrate
525
SUBCHAPTER VSECURING THE ATTENDANCE OF WITNESSES FROM WITHOUT A STATE IN CRIMINAL PROCEEDINGS 4331 Definition...
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 IIIEXECUTION OF DEATH SENTENCE 4451 Warrant for execution of judgment of death time of execution___
531
Procedure on finding of sanity or insanity
532
Mode of inflicting punishment of death
533
Suspension of sentence and probation
534
Disposition of property
540
CHAPTER 229COMPROMISING CRIMES Sec Page 4821 Compromise of certain misdemeanors
541
CHAPTER 231MENTAL INCOMPETENCY OF DEFENDANT Sec 4861 Trial or punishment of insane person prohibited
542
Procedure upon finding of mental incompetency
543
Mental examination of indigent defendant
544
Delivery by trial court__
545
Actions triable in magistrates court
546
Application of extradition laws and treaties of United States
547
SUBCHAPTER 11UNIFORM CRIMINAL EXTRADITION ACT 5021 Definitions
548
Extradition of persons not present in demanding state at time of commission of crime
549
Confinement in jail when necessary
550
Commitment to await requisition bail
551
42
560
Ownership property defined
562
SUBCHAPTER VIIDEATH DISABILITY AND SUBSTITUTION Sec Page 1271 Revocation of letters upon subsequent probate accounting powers
584
new appointee
592
SUBCHAPTER VIIIRESIGNATION SUSPENSION AND REMOVAL 1291 Resignation of executor or administrator and appointment of suc cessor l...
593
Revocation for embezzlement waste or mismanagement
594
Oath of executor or administrator recording letters
595
Insufficiency of sureties or bond additional security
596
Same neglect or refusal to give new sureties
597
Operation of business of decedent
598
Same costs sale of property recovered proceeds
599
Investment of moneys of estate pending settlement
600
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
CHAPTER 15ESTABLISHING PATERNITY SUBCHAPTER IPATERNITY PROCEEDINGS
671
Sec Page 280 Community property presumptions
686
Inventory of separate property
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
Sec Page 461 Persons who may bring action certificate where child unborn nature of action
694
Competency of mother to testify dying declarations
695
SUBCHAPTER IIBLOOD TESTS TO DETERMINE PATERNITY 491 Authority for test
696
Uniformity of interpretation
697
Air navigation regulations
701

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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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