§ 42. Liability of minors and mentally unsound persons for wrongs A minor, or a person of unsound mind of whatever degree, is civilly liable for a wrong done by him, but is not liable in exemplary damages unless at the time of the act he was capable of knowing that it was wrongful. § 43. Enforcement of minors' rights A minor may enforce his rights by civil action or other legal proceedings in the same manner as a person of full age, except that a guardian must conduct the action or proceedings. Sec. CHAPTER 5-PERSONAL RIGHTS 71. General personal rights. 72. Defamation. 73. Libel. 74. Slander. 75. Privileged publications; inference of malice. 76. Abduction and seduction. 77. Wrongs not actionable. 78. Right to use force. § 71. General personal rights In addition to the personal rights recognized by section 31 of Title 1, and by Part 2 of Title 6, and subject to the qualifications and restrictions provided by law, every person has the right of protection from: (1) bodily restraint or harm; (2) personal insult; (3) defamation; and (4) injury to his personal relations. § 72. Defamation Defamation is effected by libel or slander. § 73. Libel Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which: (1) exposes a person to hatred, contempt, ridicule, or obloquy; or (2) causes him to be shunned or avoided; or (3) has a tendency to injure him in his occupation. § 74. Slander Slander is a false and unprivileged publication other than libel, which: (1) charges a person with crime, or with having been indicted, convicted, or punished for crime; or (2) imputes to him the present existence of an infectious, contagious, or loathsome disease; or (3) tends directly to injure him in respect to his office, profession, trade, or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits; or (4) imputes to him impotence or a want of chastity; or § 75. Privileged publications; inference of malice (a) A privileged publication is one made: (1) in the proper discharge of an official duty; (2) except as provided by subsection (b) of this section, in a judicial proceeding or other official proceeding authorized by law; (3) in a communication, without malice, to a person interested therein, by one who: (A) is also interested; or (B) stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent; or (C) is requested by the person interested to give the information; (4) by a fair and true report, without malice, in a public journal, of: (A) a judicial or other public official proceeding; or (B) anything said in the course thereof; or (C) a verified charge or complaint made by a person to a public official, upon which a warrant has been issued; (5) by a fair and true report of the proceedings of a public meeting, without malice, if: (A) the meeting was lawfully convened for a lawful purpose: or (B) the publication of the matter complained of was for the public benefit. (b) An allegation or averment contained in a pleading or affidavit filed in an action for divorce or an action prosecuted pursuant to section 234 of Title 8, made about a person by or against whom no affirmative relief is not prayed in the action, is not a privileged publication as to the person making the allegation or averment within the meaning of this section, unless: (1) the pleading is verified or the affidavit is sworn to, and is made without malice by a person having reasonable and probable cause for believing the truth of the allegation or averment; and (2) the allegation or averment is material and relevant to the issues in the action. (c) In the cases provided for by clauses (3), (4) and (5) of subsection (a) of this section, malice is not inferred from the communication or publication. § 76. Abduction and seduction The rights of personal relations forbid the: (1) abduction or enticement of a child from a parent, or from a guardian entitled to its custody; or (2) seduction of a person below 21 years of age, or of a person who, through unsoundness of mind, temporary or permanent, is incapable of giving legal consent. 877. Wrongs not actionable A cause of action does not arise for: (1) alienation of affections; (2) criminal conversation; (3) the seduction of a person over 21 years of age, unless she was incapable of giving legal consent through unsoundness of mind, temporary or permanent: (4) breach of promise of marriage; or (5) a fraudulent promise to marry or to cohabit after marriage. § 78. Right to use force Necessary force may be used to protect from wrongful injury the person or property of oneself, or of a spouse, child, parent, or other relative, or member of one's family, or of a ward, servant, master, or guest. 117. Fixtures defined. 118. Personal property defined. § 111. Ownership; property defined The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this title, the thing of which there may be ownership is called property. § 112. Things subject to ownership There may be ownership of: (1) inanimate things which are capable of appropriation or of manual delivery; (2) domestic animals; (3) obligations; (4) products of labor or skill such as the composition of an author, the goodwill of a business, trademarks and signs; and (5) rights created or granted by statute. § 113. Wild animals Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued. § 114. Classification of property as real or personal Property is either: (1) real or immovable; or (2) personal or movable. 115. Real property defined Real or immovable property consists of: (1) land; (2) that which is affixed to land; (3) that which is incidental or appurtenant to land; and § 116. Land defined Land is the solid material of the earth, whatever may be its ingredients. § 117. Fixtures defined A thing is affixed to the land when it is: (1) attached to it by roots, as in the case of trees, vines or shrubs; (2) imbedded in it, as in the case of walls; (3) permanently resting upon it, as in the case of buildings; or (4) permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws. § 118. Personal property defined Bec. Every kind of property that is not real is personal. CHAPTER 9-OWNERS OF PROPERTY 151. Ownership. 152. Persons who may own property. § 151. Ownership All property has an owner, whether that owner is the government, and the property public, or the owner an individual, and the property private. § 152. Persons who may own property Any person, whether citizen or alien, may take, hold, and dispose of property within the Canal Zone. Sec. CHAPTER 11-MODIFICATIONS OF OWNERSHIP BUBCHAPTER 1-INTERESTS IN PROPERTY 181. Ownership as absolute or qualified. 182. Absolute ownership. 183. Qualified ownership. 184. Several ownership. 185. Ownership of several persons. 186. Joint interest. 187. Partnership interest. 188. Interest in common. 189. Community property. 190. Interests classified as to time. 191. Present interest. 192. Future interest. 193. Perpetual interest. 194. Limited interest. 195. Kinds of future interests. 196. Vested future interests. 197. Contingent future interests. 198. Two or more future interests. 199. Future interests; improbability of contingency. 200. Future interests; posthumous children. 201. Transfer of title to future interests. 202. Future interests; possibilities. 203. Future interests which are recognized. 204. United States bonds or obligations; title upon death of owner or co-owner. SUBCHAPTER II-CONDITIONS OF OWNERSHIP 231. Time of enjoyment of property. 232. Conditions precedent or subsequent. 233. Conditions precedent requiring wrongful or unlawful acts. 234. Conditions in restraint of marriage. 235. Conditions restraining alienation. SUBCHAPTER III-RESTRAINTS UPON ALIENATION 251. Rule against perpetuities; vesting of interest in property. 252. Same; determination of permissible period for vesting of future interest. SUBCHAPTER IV-ACCUMULATIONS 271. Dispositions of income. 272. Accumulations which are void. 273. Accumulation of income. 274. Directions for accumulation beyond limit. 275. Destitute beneficiaries. Subchapter I-Interests in Property § 181. Ownership as absolute or qualified The ownership of property is either: (1) absolute; or (2) qualified. § 182. Absolute ownership The ownership of property is absolute when one person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. § 183. Qualified ownership The ownership of property is qualified when: (1) it is shared with one or more persons; (2) the time of enjoyment is deferred or limited; or (3) the use is restricted. § 184. Several ownership The ownership of property by one person is designated as a sole or several ownership. § 185. Ownership of several persons The ownership of property by several persons is either of: (1) joint interests; (2) partnership interests; (3) interests in common; or (4) community interest of husband and wife. § 186. Joint interest A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself and others, or from tenants in common or joint tenants to themselves or some of them, or to themselves or any of them and others, or from a husband and wife, when holding title as community property or otherwise to themselves or to themselves and others or to one of them and to another or others, when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants. A joint tenancy in personal property may be created by a written transfer, instrument, or agreement. § 187. Partnership interest A partnership interest is one owned by several persons, in partnership, for partnership purposes. § 188. Interest in common An interest created in favor of several persons in their own right is an interest in common, unless : (1) acquired by them in partnership, for partnership purposes; (2) declared in its creation to be a joint interest, as provided by section 186 of this title; or (3) acquired as community property. 8 189. Community property Community property is property acquired by husband and wife, or either, during marriage, when not acquired as the separate property of either or as joint interests or interests in common. § 190. Interests classified as to time In respect to the time of enjoyment, an interest in property is either: (1) present or future; and (2) perpetual or limited. § 191. Present interest A present interest entitles the owner to the immediate possession of the property. § 192. Future interest A future interest entitles the owner to the possession of the property only at a future time. |