sive ownership therein, and in the representation or expression thereof, which continues so long as the invention or design and the representations or expressions thereof made by him remain in his possession. § 442. Joint ownership Unless otherwise agreed, a composition in letters or art, or an invention or design, in the production of which several persons are jointly concerned, is owned by them as follows: (1) in equal proportions, if the composition in letters or art is indivisible or the invention or design is single; or (2) in proportion to the contribution of each, if the composition in letters or art is divisible or the invention or design is not single. § 443. Transfer of ownership The owner of a right in a composition in letters or art, or of an invention or design, or of a representation or expression thereof, may transfer his ownership or property therein. § 444. Effect of publication or making public Subject to the law of copyright, if the owner of a composition in letters or art publishes it, or the owner of an invention or design intentionally makes it public, any person, without responsibility to the owner, may use the composition in any manner or make public a copy or reproduction of the invention or design. § 445. Subsequent and original inventors If the owner of an invention or design, does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior inventor, which is exclusive to the same extent against all persons except the prior inventor, or those claiming under him. § 446. Private writings Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but, except by authority of law, they may not be published against the will of the writer. Subchapter IV-Patents, Trademarks and Copyrights § 471. Laws extended to the Canal Zone The patent, trademark, and copyright laws of the United States have the same force and effect in the Canal Zone as in the continental United States, and the district court has the same jurisdiction in actions arising under those laws as is exercised by the United States district courts. Sec. CHAPTER 21-MODES OF ACQUIRING PROPERTY 501. Modes of acquisition generally. § 501. Modes of acquisition generally Property is acquired by: (1) accession; Bec. 531. Fixtures. CHAPTER 23-ACCESSION 532. Removal of fixtures by tenant. 533. Accession by uniting several things. 535. Uniting materials and workmanship. 537. Materials of several owners. 538. Willful trespassers. 539. Election between thing and value. 540. Liability of wrongdoer for damages. § 531. Fixtures Except as provided by section 532 of this title, when a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed belongs to the owner of the land, unless he chooses to require the former to remove it. § 532. Removal of fixtures by tenant A tenant may remove from the demised premises, at any time during the continuance of his term, anything affixed thereto for the purposes of trade, manufacture, ornament, or domestic use, unless: (1) the removal would cause injury to the premises; or (2) the thing has become an integral part of the premises by the manner in which it is affixed. § 533. Accession by uniting several things When things belonging to different owners have been united to form a single thing, and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part. He must, however, reimburse the value of the residue to the other owner, or surrender the whole to him. § 534. Principal part; separation; value; bulk (a) That part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable, and has been united without the knowledge of its owner, who may, in the latter case, require it to be separated and returned to him, although some injury should result to the thing to which it has been united. (b) If neither part can be considered the principal, within the rule prescribed by subsection (a) of this section, the more valuable, or, if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part. 535. Uniting materials and workmanship If a person makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker, on reimbursing the value of the materials. § 536. Inseparable materials If a person makes use of materials which in part belong to him and in part to another, to form a thing of a new description, without destroying any of the materials, but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship. § 537. Materials of several owners If a thing has been formed by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner without whose consent the admixture was made may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbursing to the others the value of their materials. § 538. Willful trespassers Sections 531-537 of this title do not apply to cases in which_a person willfully uses the materials of another without his consent. In those cases, the product belongs to the owner of the material, if its identity can be traced. § 539. Election between thing and value Where a person whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest therein, he may demand: (1) restitution of his material in kind, in the same quantity, weight, measure, and quality; or (2) the value of the material. If he is entitled to the product, he may claim the value thereof in place of the product. § 540. Liability of wrongdoer for damages A person who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this chapter. CHAPTER 25-TRANSFER OF PROPERTY SUBCHAPTER IV-GIFTS 651. Definition of gift. 655. Gift presumed to be in view of death. 658. Gift treated as legacy. SUBCHAPTER V-GIFTS TO MINORS 681. Definitions. 682. Manner of making gift. 683. Effect of gift. 684. Duties and powers of custodian. 685. Custodian's expenses, compensation, bond, and liabilities. 686. Exemption of third persons from liability. 687. Resignation, death, or removal of custodian; bond; appointment of successor custodian. 688. Accounting by custodian. 689. Construction. 690. Short title. Subchapter I-General Provisions § 571. Definitions Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another. A voluntary transfer is an executed contract, and, except that a consideration is not necessary to its validity, is subject to all rules of law concerning contracts in general. A transfer in writing is called a grant or bill of sale, and, as used in this chapter, "grant" includes both these instruments. § 572. Property which may be transferred Except as provided by section 573 of this title, property of any kind may be transferred. § 573. Possibility as transferable A mere possibility, not coupled with an interest, may not be transferred. § 574. Right of repossession as transferable A right of repossession for breach of condition subsequent may be transferred. § 575. Vesting of title A transfer vests in the transferee all the actual title to the thing transferred which the transferor then has, unless a different intention is expressed or necessarily implied. § 576. Incidents to a thing transferred The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself. Subchapter II-Mode of Transfer 591. Oral transfer If a writing is not expressly required by statute, a transfer may be made without writing. § 592. Interest in an existing trust An interest in an existing trust may be transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent. § 593. Transfer of other personal property by sale The mode of transferring other personal property by sale is regulated by chapter 45 of this title. § 594. Necessity for delivery A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor. § 595. Date of delivery A grant duly executed is presumed to have been delivered at its date. § 596. Delivery as necessarily absolute A grant cannot be delivered conditionally to the grantee. Delivery to him, or to his agent, as such, is necessarily absolute, and the instrument takes effect thereupon, discharged of any condition on which the delivery was made. § 597. Delivery in escrow A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take effect. While in the possession of the third person, and subject to condition, it is an escrow. § 598. Constructive delivery Though a grant is not actually delivered into the possession of the grantee, it is constructively delivered where it is: (1) by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery; or (2) delivered to a stranger for the benefit of the grantee, and his assent is shown, or may be presumed. Subchapter III-Interpretation of Grants § 621. Interpretation as contracts Except as otherwise provided in this subchapter, grants shall be interpreted in like manner as contracts in general. § 622. Limitation in grant A clear and distinct limitation in a grant is not controlled by other words less clear and distinct. § 623. Recourse to recitals If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction. § 624. Interpretation against grantor; exceptions (a) Except as provided by subsection (b) of this section, a grant shall be interpreted in favor of the grantee. (b) A reservation in a grant, and a grant by a public officer or body, as such, to a private party, shall be interpreted in favor of the grantor. § 625. Irreconcilable provisions If several parts of a grant are absolutely irreconcilable, the former part prevails. 8 626. "Heirs" and "issue" in certain remainders Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, those words mean successors, or issue living at the death of the person named as ancestor. |