Sec. CHAPTER 7-MAXIMS OF JURISPRUDENCE 81. Enumeration and application. § 81. Enumeration and application The following maxims of jurisprudence are intended not to qualify any of the provisions of this Code, but to aid in their just application: (1) When the reason of a rule ceases, so should the rule itself. (2) Where the reason is the same, the rule should be the same. (3) One must not change his purpose to the injury of another. (4) One may waive the advantage of a law intended solely for his benefit. But a law established for a public reason can not be contravened by a private agreement. (5) One must so use his own rights as not to infringe upon the rights of another. (6) One who consents to an act is not wronged by it. (7) Acquiescence in error takes away the right of objecting to it. (8) One can not take advantage of his own wrong. (9) One who has fraudulently dispossessed himself of a thing may be treated as if he still had possession. (10) One who can and does not forbid that which is done on his behalf is deemed to have bidden it. (11) One should not suffer by the act of another. (12) One who takes the benefit must bear the burden. (13) One who grants a thing is presumed to grant also whatever is essential to its use. (14) For every wrong there is a remedy. (15) Between those who are equally in the right or equally in the wrong, the law does not interpose. (16) Between rights otherwise equal, the earliest is preferred. (17) No man is responsible for that which no man can control. (18) The law helps the vigilant before those who sleep on their rights. (19) The law respects form less than substance. (20) That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due. (21) That which does not appear to exist is to be regarded as if it did not exist. (22) The law never requires impossibilities. (23) The law neither does nor requires idle acts. (24) The law disregards trifles. (25) Particular expressions qualify those which are general. (26) Contemporaneous exposition is in general the best. (27) The greater contains the less. (28) Superfluity does not vitiate. (29) That is certain which can be made certain. (30) Time does not confirm a void act. (31) The incident follows the principal, and not the principal the incident. (32) An interpretation which gives effect is preferred to one which makes void. (33) Interpretation must be reasonable. (34) Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer. CHAPTER 9-HOLIDAYS Sec. 111. Legal holidays. 112. Business days. 113. Performance of acts under law or contract. § 111. Legal holidays (a) The following are legal holidays: Every Sunday January 1 (New Year's Day) February 22 (George Washington's Birthday) May 30 (Memorial Day) July 4 (Independence Day) First Monday in September (Labor Day) November 3 (Panamanian Independence Day) November 11 (Veterans Day) Thanksgiving Day December 25 (Christmas Day) and such other days as may, pursuant to law, be declared to be holidays. (b) As far as practicable, all public business shall be suspended on the holidays enumerated in subsection (a) of this section. § 112. Business days All days other than those specified by section 111 of this title are business days for all purposes. § 113. Performance of acts under law or contract An act of a secular nature, other than a work of necessity or mercy, appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed. § 1. Designation The zone of land and land under water granted to the United States by the treaty with the Republic of Panama, dated March 18, 1903, as modified by subsequent treaties, shall be known and designated as the Canal Zone, and the canal constructed thereon shall be known and designated as the Panama Canal. § 2. Acquisition of additional land; exchange of land The President, by treaty with the Republic of Panama, may: (1) acquire additional land or land under water not already granted, or which was excepted from the grant, which he deems necessary for the maintenance, operation, sanitation or protection of the Panama Canal and the Canal Zone; and (2) exchange land or land under water not deemed necessary for those purposes, for other land or land under water which he deems necessary for those purposes. The additional land or land under water so acquired shall become part of the Canal Zone. § 3. Towns and subdivisions Sec. The President shall: (1) determine or cause to be determined what cities or towns shall exist in the Canal Zone; and (2) subdivide and from time to time re-subdivide the zone into subdivisions with clearly defined boundaries, which he shall designate by name or number, so that at least one city or town will be situated in each subdivision. CHAPTER 3-EXECUTIVE 31. Canal Zone Government; administration and functions generally. 32. Appointment and term of Governor. 33. General powers and duties of Governor. 34. Army control in time of war or imminence of war. 35. Assistance of Armed Forces. § 31. Canal Zone Government; administration and functions generally The Canal Zone Government, an independent agency of the United States, shall: (1) be administered, under the supervision of the President or such officer of the United States as may be designated by him, by a Governor of the Canal Zone; and (2) be charged, except as otherwise provided by law, with the performance of the various duties connected with the civil government, including health, sanitation, and protection, of the Canal Zone. § 32. Appointment and term of Governor The President, by and with the advice and consent of the Senate, shall appoint the Governor of the Canal Zone. The Governor shall hold office for a term of four years and until his successor is appointed and has qualified. § 33. General powers and duties of Governor The Governor of the Canal Zone shall: (1) have official control and jurisdiction over the Canal Zone; and (2) perform all duties in connection with the civil government of the Canal Zone, which is to be held, treated and governed as an adjunct of the Canal. § 34. Army control in time of war or imminence of war In time of war in which the United States is engaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all its adjuncts, appendants and appurtenances, including the entire control and government of the Canal Zone. During a continuation of this condition, the Governor of the Canal Zone shall be subject to the order and direction of the officer so appointed, in all respects and particulars as to: (1) the operation of the Canal; and (2) all duties, matters and transactions affecting the Canal Zone. § 35. Assistance of Armed Forces The Governor of the Canal Zone may call upon the Commander of the Armed Forces of the United States in the Canal Zone for military assistance, whenever the Governor deems the assistance of the Armed Forces necessary to: (1) protect the Canal Zone; (2) preserve the peace; (3) quell or disperse routs or riots; or (4) disperse unlawful assemblies. CHAPTER 5—PANAMA CANAL COMPANY 61. Continuation, purposes, offices and residence of the Company. 62. Investment of the United States. 63. Board of Directors; allowances; quorum; meetings. 64. President of the Company. 65. General powers of Company. 66. Specific powers of Company. 67. Subjection to treaties and laws applicable to Panama Railroad Company. 68. Rights in assets taken over upon dissolution of Panama Railroad Company; liabilities. § 61. Continuation, purposes, offices and residence of the Com pany (a) For the purposes of maintaining and operating the Panama Canal and of conducting business operations incident thereto and incident to the civil government of the Canal Zone, the Panama Canal Company is continued as a body corporate and as an agency and instrumentality of the United States. (b) The Company shall have perpetual succession in its corporate name, unless dissolved by Act of Congress. (c) The principal offices of the Company shall be in the Canal Zone, but the Company may establish agencies or branch offices in such other places as it deems necessary or appropriate in the conduct of its business. Within the meaning of the laws of the United States relating to venue in civil actions, the Company is an inhabitant and resident of the Canal Zone and of the District of Columbia. § 62. Investment of the United States (a) The receipt issued as of July 1, 1948, to the United States and delivered to the Secretary of the Treasury, acknowledging the transfer to the Company, as then required by law, of the net assets of the Panama Railroad Company, a corporation created by an Act of the Legislature of the State of New York passed on April 7, 1849, as amended by an Act of that legislature passed on April 12, 1855, and which was wholly owned by the United States, shall be, either in its original amount of $1 or in the amount to which it subsequently has been or is increased as required by law, evidence of the ownership of the Panama Canal Company by the United States. (b) The President of the United States or such officer of the United States as he designates, shall be known as the "stockholder", and shall represent the United States in its capacity as owner of the Company. (c) The amount of the receipt referred to by subsection (a) of this section shall be increased by subsequent additional direct investments of the United States, in excess of repayments to the Treasury and extraordinary expenditures and losses applicable as offsets to such investments under the provisions of subsection (f) of this section, due to: (1) funds advanced to the Panama Canal Company from the Treasury within such appropriations as the Congress from time to time may make for the purpose of meeting increased capital needs; and (2) transfers to the Panama Canal Company from other Government agencies (or, conversely, decreased by transfers from the Company to other Government agencies), pursuant to applicable provisions of law, of business enterprises, facilities, appurtenances, and other assets, less liabilities assumed in connection with the transfers. (d) Transfers of properties and other assets from or to other Government agencies pursuant to paragraph (2) of subsection (c) of this section shall be at such appropriate amounts as are agreed upon between the Panama Canal Company and the agencies concerned and approved by the Director of the Bureau of the Budget. In the determination thereof, due consideration shall be given to the cost and probable earning power of the transferred assets, or usable value to the transferee if clearly less than cost, and adequate provisions made for depreciation of properties and equipment, obsolete or otherwise unusable inventories and other reasonably determinable shrinkages in values, and, insofar as practicable, there shall be excluded from the amount any portion of the value of the transferred property which is properly allocable to national defense. The board of directors shall certify to the Secretary of the Treasury the amount of each transfer, the amount of any accumulated repayments to the Treasury or extraordinary expenditures or losses applicable as offsets to the amount of the transfer under the provisions of subsection (f) of this section, and the effective date of the transfer. (e) In order to reimburse the Treasury, as nearly as possible, for the interest cost of the funds or other assets directly invested in it, the Panama Canal Company shall pay interest to the Treasury on the net direct investment of the Government in it as defined by subsections (a), (c) and (d) of this section, and shown by the receipt described therein, at a rate or rates determined by the Secretary of the Treasury as required to reimburse the Treasury for its cost. Payments of the interest charges shall be made annually to the extent earned, and if not earned shall be made from subsequent earnings. (f) The Panama Canal Company shall account for its surplus, as follows: (1) the total net income from operations from and after 1904 (when the Government acquired control of the Panama Canal Railroad Company), plus the undistributed net income prior to 1904; less |
