Experience has shown the necessity for such a statute, supplementing other provisions covering actual larceny and malicious mischief. The proposed section in substance is based on section 504 of the Vehicle Code of California.

SECTION 9

Section 9 of the bill would repeal the provisions of law superseded by the amendments proposed in the other sections of the bill, and in addition would repeal sections 331 to 333 of title 2 of the Canal Zone Code, governing the operation of street railways, and the act of May 3, 1932, which authorizes the modification of the boundary line between the Canal Zone and the Republic of Panama. The sections of the Canal Zone Code, relating to the operation of street railways, are wholly obsolete, in view of the elimination several years ago of street railways in the Canal Zone. The act of May 3, 1932, authorized the Secretary of State to effect a modification of the boundary line between the Canal Zone and the Republic of Panama with respect to the parcel of land in the Canal Zone which had been tentatively selected as a desirable site for the then contemplated American Legation Building. Subsequently, the American Embassy was constructed in another place in the Republic of Panama so that the necessity for the 1932 act has disappeared. The State Department has advised that there is no objection to the repeal of the 1932 act.

The headquarters of the United States Army in the Canal Zone has reviewed and concurred in the proposed legislation. By direction of the Governor.

[H. R.

B. F. BURDICK, Chief of Office.

81st Cong., 1st sess.]

A BILL To amend the Canal Zone Code, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 2 of the Canal Zone Code, approved June 19, 1934 (48 Stat. 1122), is amended by adding in article 1 of chapter 6 thereof a new section numbered 84, reading as follows:

"84. PAYMENT FOR ACCUMULATED OR ACCRUED LEAVE UPON DEATH.-Upon the death of any officer or employee of the Panama Canal or the Panama Railroad Company on the Isthmus of Panama, any compensation which may be payable on account of his accumulated and current accrued leave, under the conditions of employment prescribed by authority of section 81 of this title, as amended, shall be paid, upon the establishment of a valid claim therefor, in the following order of precedence:

"First, to the beneficiary or beneficiaries, if any, lawfully designated by the employee under the retirement Act applicable to his service; and

"Second, if there be no such designated beneficiary, to the estate of such deceased employee: Provided, That any such payment shall be subject to the deduction, as provided in section 83 of this title, of all amounts due from the employee for supplies and services to the extent only, however, that other compensation due to the employee is insufficient for such purpose."

SEC. 2. Title 2 of the Canal Zone Code is amended by adding in chapter 9 thereof two new sections numbered 181 and 182, respectively, and reading as follows:

"181. REGULATIONS RELATIVE TO ALCOHOLIC BEVERAGES.—The President is granted continuing authority to make regulations in respect to the sale and manufacture of alcoholic beverages within, and the importation thereof into and exportation thereof from, the Canal Zone, including the authority to prescribe licenses and fees for the sale and manufacture of such beverages.

"182. VIOLATION OF REGULATIONS; PUNISHMENT.-Any person who shall violate any provision of such regulations shall be punishable by a fine of not more than $500, or by imprisonment in jail for not more than six months, or by both, and in addition the license of such person may be revoked or suspended as the President may by such regulations prescribe."

SEC. 3. Section 303 of title 2 of the Canal Zone Code is amended to read as follows:

"303. REVOCABLE LICENSES COVERING LANDS OUTSIDE OF TOWN SITES.-Whenever the Governor of the Panama Canal deems such action to be necessary to, or in in the interests of, the Government of the United States and of the efficient operation, maintenance, sanitation, government, and protection of the Panama

Canal and Canal Zone, the Governor is authorized, either in person or through such officer as he may designate, to issue revocable licenses covering the use of tracts of land situated outside of town sites in the Canal Zone. The terms and conditions of licenses issued under authority of this section shall be as prescribed by the Governor, except that the said licenses shall be revocable at the pleasure of the Governor and that, upon revocation of a license hereunder, the licensee shall, immediately or upon such reasonable notice as the Governor may prescribe, vacate the licensed area, remove therefrom all improvements which he may have placed upon the licensed area, and restore the licensed area to a condition satisfactory to the Governor, and shall not be entitled to indemnification for the value of such improvements: Provided, however, That licenses heretofore issued by the authority of the Governor, and still in force, covering the use of tracts of land for agricultural purposes are ratified and confirmed in accordance with the terms and conditions applicable to them, respectively, and that upon the revocation of any of such licenses the terms and conditions applicable to which are such as to provide for compensation to the licensee in the reasonable value of the improvements made by him on said tract, to be determined in such manner as the Governor may direct, the compensation is authorized so to be determined and to be paid out of any moneys heretofore or hereafter appropriated for such purpose, except that no compensation shall be paid in the case of any license which is revoked on account of a material breach by the licensee of the terms and conditions applicable to his license, or where the licensee shall have abandoned the license, or in the case of the death of the licensee."

SEC. 4. Section 225 of title 3 of the Canal Zone Code is amended to read as follows:

"225. CONTINUANCE AFTER ORIGINAL LICENSE PERIOD.-The right to continue to do business for the calendar year, and the successive calendar years, after the calendar year during which the original license was issued shall be contingent upon compliance with such provisions of this chapter as are applicable to corporations licensed under this chapter, upon the payment of a license fee of $10, payable in advance, on January 1 of each year, and upon the designation of a new process agent before March 1 of the process agent theretofore designated has ceased during a preceding calendar year to reside within the Canal Zone." SEC. 5. Title 4. of the Canal Zone Code is amended by inserting therein a new chapter numbered 27A, embracing sections 1470a to 1470f, and reading as follows:

"Sec.

"CHAPTER 27A.-DISPOSITION OF ESTATES WITHOUT ADMINISTRATION

1470a. Setting aside estates not exceeding $1,000 in value; inclusion of application in petition for probate or letters.

1470b. Same; separate petition prior to hearing of petition for probate or letters. 1470c. Same; petition after filing of inventory.

1470d. Same; notice of hearing.

1470e. Same; decree setting aside.

1470f. Same; denying petition and instead acting on petition for probate or letters.

"SEC. 1470a. SETTING ASIDE ESTATES NOT EXCEEDING $1,000 IN VALUE INCLUSION OF APPLICATION IN PETITION FOR PROBATE OR LETTERS.—if the decedent leaves a surviving spouse or minor child or minor children, and the net value of the whole estate, over and above all liens and encumbrances of record at the date of death and not including the property e. cepted from administration under section 649 of title 3, does not exceed the sum of $1,000, the person petitioning for the probate of the will or for letters of administration may add an allegation to that effect to the other allegations of the petition, with a specific description of all of the decedent's property, a list of all the liens and encumbrances of record at the date of death, and an estimate of the value of the property, and may include, in the prayer, an alternative prayer that if the court finds that the net value of the whole estate, over and above all liens and encumbrances of record at the date of death and not including the property excepted from administration under section 649 of title 3 does not exceed $1,000, the same he set aside to the surviving spouse, if there be one, and if there be none, then to the minor child or minor children of the decedent. When such allegation is included in the petition, the petition shall be verified, and the notice of hearing shall include a statement that a prayer for setting aside the estate to the surviving spouse or minor child or minor children, as the case may be, is included in the petition.

"CROSS REFERENCE

"Settlement by public administrator without regular administration of estates less than $250, see section 1703 of this title, as amended,

"1470b. SAME; SEPARATE PETITION PRIOR TO HEARING OF PETITION FOR PROBATE OR LETTERS.-If the person petitioning for probate of the will or for letters of administration does not include such an allegation as is provided for by the next preceding section, the surviving spouse, if there be one, and if there be none, the guardian of the minor child or minor children, may, at any time prior to the hearing of such petition, file a verified petition setting forth the matters mentioned in the next preceding section, and pray that the estate be set aside for the use of the surviving spouse or minor child or minor children. If the hearing of the original petition is set for a day more than 10 days after the filing of the petition herein provided for, the latter shall be set for hearing at the same time as the former; if not, it shall be set for hearing at least 10 days after the date on which it is filed, and the former petition shall be continued until such date.

"1470c. SAME; PETITION AFTER FILING OF INVENTORY.-If the decedent leaves a surviving spouse or minor child or minor children, and upon the filing of the inventory of the estate it appears that the net value of the whole estate, over and above all liens and encumbrances of record at the date of death and not including the property excepted from administration under section 649 of title 3, does not exceed the sum of $1,000, the person representative of the decedent or the surviving spouse or the guardian of the minor child or children may file a verified petition showing the value of the estate to be no greater than as aforesaid, and the clerk shall fix a day for the hearing thereof.

"1470d. SAME; NOTICE OF HEARING.-When a petition is filed under section 1470b or section 1470c of this title, the clerk shall give notice of the hearing for the period and in the manner required by section 1463 of this title.

"1470e. SAME; DECREE SETTING ASIDE.-If, upon the hearing of any petition provided for by this chapter, the court finds that the net value of the estate, over and above all liens and encumbrances of record at the date of the death of the decedent and not including the property excepted from administration under section 649 of title 3, does not exceed the sum of $1,000, and that the expenses of the last illness, funeral charges, and expenses of administration have been paid, it shall, by decree for that purpose, assign to the surviving spouse of the decedent, if there be a surviving spouse, or, if there be no surviving spouse, then to the minor child or children of the decedent, if any, the whole of the estate, subject to whatever mortgages, liens, or encumbrances there may be upon said estate at the time of the death of the decedent. The title thereto shall vest absolutely in the surviving spouse, if there be a surviving spouse, or if there be no surviving spouse, in the minor child or children subject to whatever mortgages, liens, or encumbrances there may be upon said estate at the time of the death of the decedent, and there must be no further proceedings in the administration, unless further estate be discovered.

"1470f. SAME; DENYING PETITION AND INSTEAD ACTING ON PETITION FOR PROBATE OR LETTERS.-If the court finds that the net value of the estate exceeds $1,000, or that there is neither a surviving spouse nor minor child, it shall act upon the petition for probate or for letters of administration in the same manner as though no petition to set aside the estate had been included, and the estate shall then be administered in the usual manner."

SEC. 6. SECTION 1703 of title 4 of the Canal Zone Code is amended to read as follows:

"1703. ESTATES LESS THAN $250.-Whenever the public administrator shall file with the clerk of the district court a statement that the value of any estate, of which he has taken charge, is less than $250, there shall be no regular administration on such estate unless additional estate be found or discovered; and the public administrator may after the payment of the expenses of the last illness of the deceased, and the funeral charges, pay out and deliver such estate to the surviving spouse of the decedent, if there be a surviving spouse, or, if there be no surviving spouse, then to the minor child or children of the decedent, if any, or, if there be neither a surviving spouse nor minor child, then to such creditors, heirs, or other persons as may appear in the judgment of the public administrator to be legally entitled thereto, and the title to such estate shall vest absolutely in the person or persons to whom the same is paid out and delivered as provided in this section."

89685-49- 3

SEC. 7. Title 5 of the Canal Zone Code is amended by adding in article 8 of chapter 11 thereof a new section numbered 573 and reading as follows:

"573. REGULATIONS FOR FIRE PROTECTION; VIOLATIONS.-The Governor of the Panama Canal is granted continuing authority to make regulations for prevention of, and protection against, fires in the Canal Zone: Provided, however, That no regulation made under this section shall have force or effect within the boundaries of any military or naval reservation in the Canal Zone, unless prescribed with the concurrence of the officers commanding the military and naval forces in the Canal Zone, as to the reservations within their respective jurisdictions. Any person who shall violate any of the regulations prescribed under this section shall be guilty of a misdemeanor."

SEC. 8. Title 5 of the Canal Zone is amended by adding in article 10 of chapter 14 thereof a new section numbered 812 and reading as follows:

"812. INJURING OR TAMPERING WITH MOTOR VEHICLE, LAUNCH, OR AIRCRAFT.— Every person, who, without the consent of the owner of any motor vehicle

“(a) willfully injures or tampers with such motor vehicle or the contents thereof;

"(b) breaks or removes any part or parts of or from such motor vehicle; "(c) climbs into or upon such motor vehicle whether it is in motion or at rest, with intent to commit any malicious mischief, or injury or other crime;

or

"(d) manipulates or attempts to manipulate any of the levers, starting mechanism, brakes, or other mechanism or device of such motor vehicle while the same is at rest and unattended

is guilty of a misdemeanor.

As used in this section of the term 'motor vehicle' shall mean and include any automobile, motorcycle, other motor vehicle, motorboat or launch, or aircraft."

SEC. 9. The following statutes or part of statutes are repealed:

(a) Canal Zone Code, title 2, chapter 17, article 2, which article includes sections 331 to 333 of said title 2;

(b) Canal Zone Code, title 4, sections 1467 and 1468;

(c) The Act of May 3, 1932, entitled “An Act to authorize the modification of the boundary line between the Panama Canal Zone and the Republic of Panama, and for other purposes" (ch. 162, 47 Stat. 145; 48 U S. C. 1304a to 1304c);

(d) The Act of June 19, 1934, entitled "An Act authorizing the President to make rules and regulations in respect to alcoholic beverages in the Canal Zone, and for other purposes" (ch. 657, 48 Stat. 1116; 48 U. S C. 1314b to 1314d).

Mr. BURDICK. Section 4 of the bill would amend section 225 of title 3 of the Canal Zone Code. Chapter 10 of title 2, Canal Zone Code, is entitled "Foreign Corporations Generally." It includes section 221 to 230, and deals with the qualifications of foreign corporations to do business in the Canal Zone upon the general basis of the requirement of an annual license for the transaction of business.

Section 221, paragraph (d) of title 3, requires every corporation, at the time of filing its application for a license to do business in the Canal Zone, to file a designation of some person residing within the Canal Zone upon whom process may be served. No provision is now made in chapter 10 requiring the designation of a new process agent in the event a process agent originally designated by the Corporation pursuant to paragraph (d) of section 221 has died, removed from the Canal Zone, or otherwise ceased to reside in the Canal Zone.

The proposed amendment would also make the right to continue to do business contingent upon the designation of a new process agent before March 1 if the process agent theretofore designated has ceased during a preceding calendar year to reside within the Canal Zone. This date is made March 1, rather than January 1, the beginning of a calendar year, so as to provide adequate time for the designation in the case of a vacancy occurring near the end of a preceding calendar year.

The proposed amendment would achieve the further purpose of making such right contingent upon compliance by the corporation with such other provisions of the chapter as are applicable to corporations licensed under the chapter, such as the filing of amendments or changes in articles of incorporation, the filing of annual reports and statements of business transacted in the Canal Zone, and the payment of any required license tax.

Section 5 of the bill would amend title 4 of the Canal Zone Code by inserting therein a new chapter numbered 27A, and embracing sections 1470a and 1470f, the chapter being entitled "Disposition of Estates Without Administration." The proposed new chapter is a substitute for sections 1467 and 1468 of title 4, Canal Zone Code, which sections would be repealed by section 9, paragraph (b), of

the bill.

Sections 1467 and 1468 in their present form were derived from sections 1469 and 1470 of the California Code of Civil Procedure, general source of title 4 of the Canal Zone Code. In California these two sections were replaced in 1939 by new and different provisions embodied in sections 640 to 646 of the California Probate Code-Probate Code of California, Deering, 1941. The proposed new sections are derived from the present California law as above cited.

The present Canal law provides for the assignment of the small estate for the use and support of the family upon the basis of a verified petition considered at or immediately after the return of the inventory of the estate of a decedent. There are thus required at present two petitions, two notices, and two hearings, one set in reference to the original petition for probate or administration and the second set on the petition for setting aside the estate.

This amendment would eliminate the necessity for having these two separate proceedings and at the time that the petition for probate is filed the petition for authority to set this aside could be included.

To eliminate such unnecessary delay and effort which serves no useful purpose, both the United States district judge for the Canal Zone, who handles all probate proceedings in the Canal Zone, and the public administrator of the Canal Zone, who handles substantially all of the estates of deceased employees in the Canal Zone, have urged an amendment such as here proposed.

The present California law authorizes the setting aside of estates the net value of which over and above liens and encumbrances of record at the date of death does not exceed $2,500. The procedure as here proposed for the Canal Zone is restricted as in the present law to estates not exceeding $1,000 in value, exclusive of liens and encumbrances, and of property-clothing of decedent and household effectsexcepted from administration under section 649 of title 3.

Mr. WEICHEL. Mr. Chairman, is that a statement that he is reading from? Usually when a witness is reading from a statement, we follow a copy.

The CHAIRMAN. Have you copies of the statement?

Mr. BURDICK. I have some copies of it.

Mr. WEICHEL. The Reorganization Act provides that we get copies of statements some days in advance. While nobody requires that, we would like to have copies of the statement that he is going to read from for a half hour to follow.

Mr. BURDICK. I just got this completed.