Obrázky stránek
PDF
ePub

§ 1474. Prohibited acts

A person may not:

(1) hunt outside the areas designated in the regulations issued pursuant to section 1471 of this title; or

(2) hunt between the hours of sunset and sunrise with the use of an artificial light; or

(3) hunt by the use of a gun or other firearm intended to be discharged by an animal or bird by means of a spring, trap, or other similar mechanical device; or

(4) except in the form and manner permitted by regulations issued pursuant to this chapter, hunt, trap, capture, willfully disturb, or kill a bird, or take the eggs of a bird.

Subchapter II-Fishing

§ 1491. Regulations governing fishing

The Governor may prescribe, and from time to time amend, regulations governing fishing in the Canal Zone.

Subchapter III-Offenses and Penalties

§ 1511. Enumeration of offenses; punishment (a) Whoever:

(1) engages in hunting without first obtaining the permit provided for by this chapter; or

(2) after obtaining a hunting permit, engages in hunting in violation of this chapter; or

(3) violates a regulation issued by the Governor pursuant to this chapter; or

(4) commits any other act prohibited by this chaptershall be fined not more than $100 or imprisoned in jail not more than 30 days, or both.

(b) The penalties imposed by this section are in addition to the punishments authorized by the law against carrying arms without a permit.

Sec.

CHAPTER 89-PUBLICATION OF REGULATIONS

1541. Manner of publishing regulations; constructive notice; effective date. § 1541. Manner of publishing regulations; constructive notice; effective date

(a) Regulations issued under the authority of sections 701, 731, 761, 841, 911, 1131, 1172, 1191, 1331, 1353, and 1441 of this title shall be published in accordance with, and shall be subject to, the provisions of the Federal Register Act, as amended (44 U.S.C. sec. 301 et seq.).

(b) Regulations issued under the authority of sections 811, 931, 951, 1001, 1051, 1071, 1411, 1471 and 1491 of this title, and sections 1281, 1601, 2061, 4782, 6501 and 6225 of Title 6, shall, when issued, be published in one or more of the daily newspapers having a general círculation in the Canal Zone. The publication shall be deemed to give notice of the contents of the regulations to all persons subject thereto or affected thereby. Unless a later date is specified, the regulations shall be effective upon such publication, but a penalty prescribed for violation of a regulation may not be enforced until 30 days after publication.

[blocks in formation]

7. GENERAL PROVISIONS RESPECTING COURTS and JUDICIAL OFFICERS_ 9. FEES AND COSTS.

271

321

[blocks in formation]

5. Appointment, tenure, compensation, leave, and residence of district Judge.

[blocks in formation]

SUBCHAPTER II—UNITED STAtes attorney AND MARSHAL

41. Appointment, tenure, leave, and residence of United States attorney.

42. Assistant United States attorneys; attorneys; clerical assistants; messengers. 43. Salaries.

44. Duties of United States attorney.

45. Appointment, tenure, leave, and residence of United States marshal; deputies and assistants; salaries.

46. Powers and duties of United States marshal; supervision by Attorney General.

47. Fees of United States marshal.

Subchapter I-General Provisions

§ 1. Establishment and designation of district court

There shall be in the Canal Zone one district court, designated as the "United States District Court for the District of the Canal Zone." § 2. Divisions of district court

There shall be two divisions of the district court, one including Balboa and the other including Cristobal. The President shall determine the boundaries of the divisions.

§ 3. Terms of district court

Terms of the district court shall be held in the Balboa and Cristobal divisions at such times as the judge designates by rule or order. § 4. Seal of district court

(a) The district court shall have a seal, which shall be kept by the clerk of the court.

(b) Except as otherwise expressly provided by law, the seal of the district court need not be affixed to any paper or document in any proceeding therein, except to:

(1) a writ or process;

(2) a certificate of probate of a will or of the appointment of an executor, administrator, or guardian; or

(3) an authentication of a copy of a record or other proceeding of the court, or of an officer thereof, or of a copy of a document on file in the office of the clerk.

§ 5. Appointment, tenure, compensation, leave, and residence

of district judge

(a) The President shall, by and with the advice and consent of the Senate, appoint one district judge for the United States District Court for the District of the Canal Zone, who shall hold office for a term of eight years and until his successor is chosen and qualifies, unless sooner removed by the President for cause.

(b) The salary of the district judge shall be at the rate prescribed for judges of the United States district courts.

(c) The district judge shall be allowed 60 days' leave of absence with pay each year, under regulations prescribed by the President. (d) The district judge shall reside within the Canal Zone.

§ 6. Special district judge

(a) The President may appoint a special district judge, to act when necessary:

(1) during the absence of the district judge from the Canal Zone; or

(2) during his disability or disqualification from sickness or otherwise to discharge his duties.

(b) The special district judge shall receive the same rate of compensation and the same traveling expenses and maintenance expenses as are paid to the district judge.

§ 7. Clerk of court

(a) The district court may appoint a clerk who shall be subject to removal by the court.

(b) The clerk may appoint, with the approval of the court, necessary deputies, clerical assistants and employees in such number as may be approved by the Director of the Administrative Office of the United States Courts, subject to removal by the clerk with the approval of the court.

(c) The clerk shall receive, deposit, and account for all public moneys collected by him in accordance with the laws, rules, and regulations governing the receipt and disposition of moneys by clerks of United States district courts.

(d) The clerk shall reside within the Canal Zone.

§ 8. Clerk as registrar of property

The clerk of the district court is ex officio registrar of property in the Canal Zone. The deputy clerks shall have and exercise like powers in the name of the clerk. The clerk and his deputies shall have the duties of registrar so as to give constructive notice in all cases where provision is made for such notice by law. They shall keep proper books of record, which shall at all reasonable hours be open to the public.

§ 9. Court reporter; secretary to district judge

The court reporter appointed by the district court pursuant to section 753 of Title 28, United States Code, shall also act in a dual capacity as secretary to the district judge. The reporter-secretary shall receive the salary fixed by the Judicial Conference of the United States, which shall not be subject to the limits specified by subsection (e) of that section. In addition to his salary, he shall be entitled to retain the fees allowed by subsection (f) of that section. He shall be allowed leave of absence with pay in accordance with the regulations governing leave of absence of Canal Zone Government employees.

§ 10. Public defender

The Governor shall appoint a qualified member of the bar of the Canal Zone as a public defender. The public defender shall receive such compensation and such of the privileges of a Canal Zone Government employee as are fixed and granted by the Governor.

The public defender shall represent, in the district court, any person charged with the commission of a crime within the original jurisdiction of the district court who is unable to obtain counsel for his defense, unless, in an exceptional case, the court assigns other counsel.

Subchapter II-United States Attorney and Marshal

§ 41. Appointment, tenure, leave, and residence of United States attorney

(a) The President shall, by and with the advice and consent of the Senate, appoint a United States attorney for the District of the Canal Zone, who shall hold office for a term of eight years and until his successor is chosen and qualifies, unless sooner removed by the President.

(b) In case of a vacancy in the office of United States attorney, the district court may appoint a person to exercise the duties of the vacant office until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of court.

(c) The United States attorney shall be allowed 60 days' leave of absence with pay each year, under regulations prescribed by the President.

(d) The United States attorney shall reside within the Canal Zone. § 42. Assistant United States attorneys; attorneys; clerical assistants; messengers

Sections 502, 503, and 510 of Title 28, United States Code, apply to the office of the United States attorney for the District of the Canal Zone. The assistant United States attorneys shall reside within the Canal Zone.

§ 43. Salaries

The salaries of the United States attorney, assistant United States attorneys, and attorneys appointed pursuant to section 503 of Title 28, United States Code, are subject to section 508 of Title 28, United States Code.

§ 44. Duties of United States attorney

(a) The United States attorney shall:

(1) conduct all legal proceedings, civil and criminal, for the Government of the United States and for the Government of the Canal Zone;

(2) prosecute all recognizances forfeited and all cases for the recovery of fines, penalties, debts, and forfeitures accruing to the Government of the United States, the Government of the Canal Zone, or the Canal Zone Government; and

(3) advise the Governor, upon request of the latter, on matters pertaining to the office of the Governor.

(b) During the absence or disability of the United States attorney or during a vacancy in his office, a reference in this Code to the United States attorney includes an assistant United States attorney. $45. Appointment, tenure, leave, and residence of United States marshal; deputies and assistants; salaries (a) The President shall, by and with the advice and consent of the Senate, appoint a United States marshal for the District of the Canal Zone, who shall hold office for a term of eight years and until his successor is chosen and qualifies, unless sooner removed by the President.

(b) In case of a vacancy in the office of United States marshal, the district court may appoint a person to exercise the duties of the vacant office until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of court.

(c) The United States marshal shall be allowed 60 days' leave of absence with pay each year, under regulations prescribed by the President.

(d) The United States marshal shall reside within the Canal Zone. (e) The appointment and tenure of deputies and clerical assistants and the salaries of the United States marshal and his deputies and clerical assistants are subject to sections 542 and 552 of Title 28, United States Code.

§ 46. Powers and duties of United States marshal; supervision by Attorney General

(a) The United States marshal shall be the marshal of the district court and may, in its discretion, be required to attend any session of the court.

(b) The marshal shall execute all lawful writs, process, and orders issued under authority of the United States or of the Government of the Canal Zone, except:

(1) those returnable to the magistrates' courts; or

(2) those issued pursuant to section 1101 of Title 2and he shall command all necessary assistance to execute his duties. (c) The Attorney General shall supervise and direct the marshal in the performance of public duties and accounting for public moneys. The marshal shall report his official proceedings, receipts and disbursements, and the condition of his office as the Attorney General directs. § 47. Fees of United States marshal

The United States marshal shall receive, deposit, and account for all public moneys collected by him in accordance with the laws, rules, and regulations governing the receipt and disposition of moneys by United States marshals of judicial districts of the United States.

Sec.

CHAPTER 3-MAGISTRATES' COURTS

81. Establishment of magistrates' courts.

82. Appointment, term, and compensation of magistrates, constables, and other employees.

83. Authority of one magistrate to act for another.

84. Oaths of magistrates and constables.

85. Depositing records with successor.

86. Administrative regulations governing magistrates' courts.

§ 81. Establishment of magistrates' courts

There shall be at least one magistrate's court in each subdivision established pursuant to section 3 of Title 2.

§ 82. Appointment, term, and compensation of magistrates, constables, and other employees

(a) The President or his designee shall appoint a sufficient number of magistrates, who shall hold office for terms of four years and until their successors are chosen and qualify, unless sooner removed for cause. The President or his designee may appoint relief magistrates, or may assign a magistrate to another magistrate's court, to act when necessary:

(1) during the absence of a magistrate from the Canal Zone; (2) during any period of disability or disqualification of a magistrate from sickness or otherwise to discharge his duties; or (3) for a temporary period only, during the existence of a vacancy in a magistrate's court.

« PředchozíPokračovat »