United States Statutes at Large, Volume 76, Part 1

Front Cover
U.S. Government Printing Office, 1962
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 65HIGHWAYS ROADS AND VEHICLES
37
Appointment tenure leave and residence of United States attorney__
41
CHAPTER 81SHIPPING AND NAVIGATION
46
Salaries__
51
ALCOHOLIC BEVERAGES
53
Change of venue in magistrates courts
58
EXCLUSION AND DEPORTATION OF PERSONS
59
SUBCHAPTER IFEES AND COSTS GENERALLY
61
HIGHWAYS ROADS AND VEHICLES_
65
Governmental exemptions____
67
OATHS AND WITNESSES
71
RAILROADS_
77
SPORTS AND AMUSEMENTS
83
Definition of income
88
PUBLICATION OF REGULATIONS
89
ACCESSION_
91
SUBCHAPTER IIIINTERPRETATION OF GRANTS
92
Transfer of other personal property by sale
94
SUBCHAPTER IVGIFTS 651 Definition of gift
95
Manner of making gift
96
Effect of gift
97
Custodians expenses compensation bond and liabilities
98
Exemption of third persons from liability
99
PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS_
100
By whom acknowledgments taken in foreign countries
101
Requisites for acknowledgment
102
Form of certificate of acknowledgment by corporation_
103
Authentication of certificate of acknowledgment_
104
Contents of cetificate of proof
105
OBLIGATIONS IN GENERAL
106
SUBCHAPTER IDEFINITIONS Sec 781 Obligation defined
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
INTERPRETATION OF CONTRACTS_
120
Deduction from compensation of amounts due for supplies or services
122
Sec Page
124
GENERAL PROVISIONS AFFECTING CHAPTERS 45 TO 105
126
Article DResale by the Seller
127
Article DThe Price
130
Delivery of wrong quantity
138
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
Refiling
149
50
150
Resale at option of parties
151
Loss and increase
152
Voluntary deposit
153
DEPOSIT FOR KEEPING
154
Indemnification of depositary
155
59
156
SUBCHAPTER IIISTORAGE 1741 Deposit for hire
157
Form of receipts what terms may be inserted
158
Sec Page 1781 Obligation of warehouseman to deliver___
159
Negotiable receipts must be cancelled or marked when part of goods delivered
160
Interpleader of adverse claimants___
161
Liability of warehouseman to depositors of commingled goods
162
Warehouseman need not deliver until lien is satisfied
163
Perishable and hazardous goods
164
Negotiation of negotiable receipts by indorsement_
165
Warranties on sale of receipt
166
Article DCriminal Offenses 1831 Issue of receipt for goods not received
167
Article EInterpretation 1841 Cases not provided for in subchapter ___
168
Unclaimed baggage sale at auction
169
DEPOSIT FOR EXCHANGE
170
Care required of borrower
171
Optional loan
172
Evidence of usury
173
Termination of hiring by hirer
174
CHAPTER 59SERVICE WITH EMPLOYMENT SUBCHAPTER IGENERAL PROVISIONS Sec 2101 Employment defined
175
Assumption of risk fellow servant rule contributory negligence
176
Duties of employee for reward
177
Surviving employee
178
CHAPTER 61PARTICULAR EMPLOYMENTS SUBCHAPTER IMASTER AND SERVANT Sec 2231 Servant defined
179
Conformity to limits of authority
180
SERVICE WITH EMPLOYMENT_
181
SUBCHAPTER ICOMMON CARRIERS IN GENERAL
185
50
186
SUBCHAPTER IIIMUTUAL OBLIGATIONS OF PRINCIPALS AND THIRD PERSONS
187
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
See 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 VIEXTINCTION OF LIENS
226
Waiver of demand for performance
233
Limitation on amount of lien unless notice given
234
Factors lien____
235
Article DRights of Holder
236
Form of negotiable instrument
238
Certainty of sum payable definition
239
Payable on demand
240
Insertion of date when authorized wrong date
241
Liability of signatories signature in trade or assumed name
242
Value defined
243
Indorsement in blank change to special indorsement
244
Indorsement in representative capacity
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
Method of acceptance for honor
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
Validity of debtors contracts
272
Powers of judicial officers in conduct of proceedings
273
Marshals fees
274
Assignment to be in writing acknowledgment recording
275
Recording assignment and filing inventory
276
Accounting of assignee
277
Assignees protected for acts done in good faith
278
Means to carry jurisdiction into effect
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 5PARTIES Sec 121 Assignment of thing in action not to prejudice defense
285
Substitution of parties
286
CHAPTER 7COMMENCEMENT OF ACTIONS SERVICE OF PROCESS Sec 161 Service on infant or incompetent person
287
Same default judgment
288
When jurisdiction acquired voluntary appearance
289
CHAPTER 9PLEADINGS Sec 201 Statute of limitations how pleaded
290
Libel and slander complaint
291
Injuries outside locks
292
Affidavit to obtain order
293
Surrender of defendant
294
Justification of bail
295
SUBCHAPTER IICLAIM AND DELIVERY OF PERSONAL PROPERTY 291 Claim for delivery
296
Undertaking by defendant for return of property
297
Affidavit stating incorrect value judgment against officer or sureties
298
SUBCHAPTER IVATTACHMENT 341 Actions in which authorized
299
Direction and command of writ more than one defendant
300
Attachment lien on real property
301
Same liability of garnishee___
302
Claims by third persons
303
Discharge of attachment irregularly issued
304
SUBCHAPTER VRECEIVERS 381 Appointment of receivers generally
305
Oath and undertaking of receiver
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
Attachments and executions on mortgaged personal property
326
Payment by debtor of judgment debtor
327
SUBCHAPTER IVJUDGMENTS AGAINST JOINT DEBTORS 631 Summoning unserved joint debtors to show cause why they should not be bound...
328
Service of notice
329
CHAPTER 17PROCEDURE IN MAGISTRATES COURTS
330
SUBCHAPTER IGENERAL PROVISIONS Sec 711 Provisions applicable to magistrates courts
331
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
CHAPTER 59PROPERTY ACTIONS SUBCHAPTER IPROPERTY ACTIONS GENERALLY CONFLICTING CLAIMS Sec 1691 Action to quiet title...
361
Injunction against injury during foreclosure or after execution sale
362
SUBCHAPTER IIMORTGAGE FORECLOSURE 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 IIIREMEDIES FORMERLY AVAILABLE BY WRIT OF MANDATE 1901 Order to compel performance of duty or admission to of...
370
Acquisition or construction of structures equipment and improve
371
CHAPTER 103SUBPOENAS RIGHTS AND DUTIES OF WITNESSES Sec 2551 Subpoenas generally
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 OF EVIDENCE SUBCHAPTER IGENERAL PROVISIONS
378
Sec Page 2731 Definitions
379
Scope of chapter
380
SUBCHAPTER IIJUDICIAL NOTICE 2761 Facts which must or may be judicially noticed
381
Judicial notice in proceedings subsequent to trial
382
Oath
383
Definition of incrimination
384
Physicianpatient privilege
385
Marital privilege confidential communications__
386
Priestpenitent privilege definition penitential communications
387
Identity of informer
388
Effect of error in overruling claim of privilege
389
Habit or custom to prove specific behavior
390
Preliminary examination___
391
SUBCHAPTER VIIIHEARSAY EVIDENCE 2961 Definitions_
392
Discretion of judge under exceptions 15 16 17 18 and 19
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
Burden of proof
402
Questions of fact and law
403
Unwritten law defined_____
404
Public record of private writing
405
Subscribing witness defined
406
Judicial record of a State enforcement personal representatives
407
Disputable presumptions
408
SUBCHAPTER VIIPARTICULAR CASES STATUTE OF FRAUDS 3251 Offer equivalent to tender
409
Statute of frauds transfer of real property
410
JURISDICTION AND VENUE
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
BIGAMY__
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
false instrument
441
Sending or delivering forged or false messages with fraudulent intent_
442
Counterfeiting ticket of common carrier
443
FRAUD AND FALSE STATEMENTS_
444
Obtaining money labor or property by false pretense proof
445
False representation by married person when selling or mortgaging lands
446
HABEAS CORPUS OFFENSES_
447
HEALTH AND SAFETY
448
Exhibiting deformities of persons
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
LETTERS AND MESSAGES_
463
LIBEL
465
LOTTERIES AND GAMBLING_
466
Lottery and lottery ticket defined
467
MALICIOUS OR OTHER INJURY TO PROPERTY_
469
MARRIAGES_
473
NAVIGATION__
476
JURORS
477
PERJURY
479
POSTAL SERVICE
481
PRIZE FIGHTING AND SPARRING
482
PUBLIC OFFICES OFFICERS AND EMPLOYEES
483
Overcharges by agents of common carriers
488
Definitions__
490
Penalties for violation
496
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 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
SUBCHAPTER IVDEPOSITIONS
520
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
Imprisonment for nonpayment of fine in magistrates court
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
PROBATION OFFICER
533
Issuance and execution of bench warrant
539
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
ATTORNEYS AT
576
SUBCHAPTER VIIDEATH DISABILITY AND SUBSTITUTION Sec Page 1271 Revocation of letters upon subsequent probate accounting powers
584
Special district judge
587
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
See Page 1625 Affidavits in support of claims claims not due contingent claims
607
vouchers
608
Claims not filed on time are barred exception
609
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
286
685
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
CHAPTER 15ESTABLISHING PATERNITY SUBCHAPTER IPATERNITY PROCEEDINGS Sec Page 461 Persons who may bring action certificate ...
694
Competency of mother to testify dying declarations_
695
SUBCHAPTER IIBLOOD TESTS TO DETERMINE PATERNITY 491 Authority for test
696
Uniformity of interpretation
697
26
699
Air navigation regulations_
701
Public defender
702

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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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