Executive Order 7676—The Canal Zone Judiciary

By virtue of and pursuant to the authority vested in me by the Canal Zone Code, approved June 19, 1934 (48 Stat. 1122), and otherwise, I hereby prescribe the following order relating to the Canal Zone Judiciary:

SECTION 1. Definitions.--As used in this order:

(a) "District Court" shall mean the United States District Court for the District of the Canal Zone.

(b) "Code" shall mean the Canal Zone Code approved June 19, 1934 (48 Stat. 1122).

(c) "Governor" shall mean the Governor of The Panama Canal.

CROSS-REFERENCE: For statutory provisions relating to the Canal Zone Judiciary, see Code, title 7, sections 1 to 62.

SECTION 2. Boundaries of divisions of District Court. The two divisions of the District Court shall be known, respectively, as the Balboa Division and the Cristobal Division.

The Balboa Division shall include all that part of the Canal Zone which lies easterly of a line extended through the Canal Zone 5-mile boundary monument 40 on the eastern boundary, and monument 148 ½ (which is also a 100-foot contour monument) on the western boundary. The said line, extending through the monuments 40 and 148 ½ and bearing S. 39°46' W. (true), crosses the Panama Railroad at a point 11 feet southerly from track-span bridge numbered 22-10, and crosses the Panama Canal at station 1339 plus 13 feet (which crossing point is 2721 feet northerly along the tabenilla Reach from the Tabernilla P.I.) and is as shown on Panama Canal drawing 6103-35, filed with the records of the Panama Canal in the Canal Zone.

The Cristobal Division shall include all that part of the Canal Zone which lies westerly of the above-described line.

For the purposes of this section the Canal Zone shall be deemed to include all lands and lands under water over which in connection with the construction, maintenance, operation, sanitation, and protection of the Panama Canal, the United States now possesses and exercises, or shall hereafter possess and exercise, sovereign rights, power, and authority.

CROSS-REFERENCE: Authority of President to determine boundaries of divisions of District Court, see Code, title 7, section 22.

SECTION 3. Subdivisions of Canal Zone.--The Canal Zone is hereby divided into two subdivisions, one to be known as the Balboa Subdivision and the other as the Cristobal Subdivision.

The Balboa Subdivision shall be coterminous with the Balboa Division of the District Court, and the Cristobal Subdivision shall be coterminous with the Cristobal Division of the District Court.

CROSS-REFERENCE: Authority of President to divide the Canal Zone into subdivisions, see Code, title 2, section 4.

SECTION 4. Towns of the Canal Zone.--The town of Balboa shall include the town site of that name at the Pacific terminus of the Canal, and all other settlements within the Balboa Subdivision of the Canal Zone; and the town of Cristobal shall include the town site of that name, and all other settlements within the Cristobal Subdivision of the Canal Zone.

CROSS-REFERENCE: Authority of President to determine what towns shall exist, see Code, title 2, section 4.

SECTION 5. Places for holding sessions of District Court.--The Governor shall provide a suitable place in each of the towns of Balboa and Cristobal for the holding of the sessions of the District Court.

SECTION 6. Privileges, allowances, and facilities of District Court and its personnel.--The District Court and its personnel shall continue to receive the perquisites, privileges, and allowances to which they were entitled and were receiving prior to November 4, 1933, the effective date of the transfer from the Secretary of War to the Department of Justice of the function of supervision over the said Court, as provided for by section 6 of Executive Order No. 6166 of June 10, 1933; and The Panama Canal shall continue to furnish as theretofore to the court and to its personnel all necessary office quarters, equipment, and facilities, and all necessary travel facilities within the Canal Zone; and The Panama Canal shall not require payment from the Department of Justice for such quarters, equipment, and facilities.

SECTION 7. Designation of Marshal as disbursing officer; bond.--The Marshal of the District shall disburse all funds under the control of the Department of Justice required for the maintenance and operation of the District Court, and shall give bond for the faithful performance of his duties in such amount as may be fixed by the Attorney General.

CROSS-REFERENCES: Establishment of office of Marshal of the District, see Code, title 7, section 40.

Powers and duties of Marshal generally, see Code, title 7, section 41.

SECTION 8. Leave of absence of District Judge, District Attorney, and Marshal.--The leave of absence allowed the District Judge, District Attorney, and Marshal by Section 42 of title 7 of the Code shall be reckoned by calendar years. If the office involved is held by two or more persons in one calendar year, the leave shall be prorated to such persons in proportion to the time that they have held office during that year. Any portion of the leave of absence accruing in any one calendar year and not used in that year may be accumulated and used in succeeding calendar years: Provided, that leave may not be accumulated in excess of 120 days, and that not more than 120 days of leave may be taken in any one calendar year. The officers concerned shall make applications for leave of absence to the Attorney General of the United States and shall report to him the time of their departure and the time of their return to duty.

SECTION 9. Magistrates and constables; appointment; compensation.--There shall be a magistrate and a constable for each of the towns of Balboa and Cristobal, who shall be appointed, and whose compensation shall be fixed, by the Governor; and in the event of the absence or disability of a magistrate or constable, the Governor may appoint an additional magistrate or constable to serve during such absence or disability.

CROSS-REFERENCES: Appointment, term, and compensation of magistrates, constables, and other employees, see Code, title 7, section 4.

Oath of magistrates and constables, see Code, title 7, section 5.

SECTION 10. Places of holding magistrates' courts.--The magistrates shall hold court at such places in their respective towns as may be designated from time to time by the Governor.

CROSS-REFERENCE: Authority of President to prescribe times and places of holding magistrates' courts, see Code, title 7, section 6.

SECTION 11. Bonds of constables.--The constables appointed for the magistrates' courts shall be required before assuming office to execute a bond with two or more good and sufficient sureties, or with a corporate surety, to be approved by the Governor, in the sum of $1000, conditioned that the officer executing the bond will faithfully comply with his duties as constable, and will turn over all money, property, and effects coming into his hands by virtue of his office, to the persons entitled thereto in accordance with law. The bond may be sued upon in any court of competent jurisdiction by any person who may be injured by reason of a failure of official duty on the part of the constable. The bond shall not become void upon a first recovery but successive suits may be instituted thereon until the full amount thereof is exhausted.

CROSS-REFERENCES: Authority of President to regulate bonds of constables, see Code, title 7, section 6.

For provisions respecting corporate sureties on bonds, see Code, title 4, section 962.

SECTION 12. Duties of constables.--The constables of the magistrates' courts shall:

(a) Attend all sessions of the magistrate's court for the town and subdivision to which they may be assigned by the Governor.

(b) Preserve order in the court.

(c) Receive and receipt for all money collected by them upon any process or paid into or deposited with the magistrate's court as fees, fines, costs, forfeitures, or bail.

(d) Duly account for such money in accordance with rules and regulations to be prescribed by the Governor.

CROSS-REFERENCES: Authority of President to prescribe the duties of constables and the disposition of fines, costs, and forfeitures, see Code, title 7, section 6.

Payment of all fees over to Collector of Panama Canal, see Code, title 4, section 981, as amended by act of May 13, 1936, 49 Stat. 1269.

SECTION 13. Prior orders superseded.--This order supersedes Executive Orders dated March 12, 1914 (No. 1898), August 3, 1914 (No. 2007), February 26, 1924 (No. 3965), May 25, 1927, August 29, 1927 (No. 4711), January 3, 1928 (No. 4792), September 2, 1931 (No. 5704), November 3, 1933 (No. 6390), and all other Executive Orders heretofore issued which relate to the Canal Zone judiciary and are of a permanent and continuing nature.

SECTION 14. Effective date.--This order shall take effect on the thirtieth day after the date hereof.

FRANKLIN D ROOSEVELT

The White House,
July 26, 1937.