Section 83: Amends section 295 of the Penal Code by changing the names of the officials designated. The present law designates the officials referred to therein as "internal-revenue agent, collector or deputy collector of internal revenue, or any employee in the office of the Treasurer"; the amendments substitute the words "employee of the United States, or the Panama Canal, or the Panama Railroad Company, who collects or receives public moneys". The sections amended omit subdivision 1 of the existing law because it is no longer properly included in the section since the enactment of the prohibition law. The section as amended also inserts the place of imprisonment and removes the minimum punishment.

Section 84: Amends section 297 of the Penal Code by omitting the words "municipal" and "municipalities" as being no longer applicable to the present conditions in the Canal Zone.

Section 85: Amends section 298 of the Penal Code by increasing the offense from a misdemeanor to a felony.

Section 86: Repeals sections 299, 300, 301, and 302 of the Penal Code. These sections deal with offenses against revenue which are now obsolete.

Section 87: Repeals section 305 of the Penal Code, which deals with licensed businesses in the Canal Zone. Such businesses are covered by other law.

Section 88: Amends section 306 of the Penal Code by eliminating the words "of another" from the definition of the crime of arson. This amendment makes the definition of arson conform to the definition in the California Criminal Code.

Section 88a: Repeals section 311 of the Penal Code which is as follows:

To constitute an arson it is not necessary that a person other than the accused should have had ownership in the building set on fire. It is sufficient that at the time of the burning another person was rightfully in possession of, or was actually occupying such building, or any part thereof.

This section is repealed because the definition of arson having been amended by the preceding section 88, in the manner indicated, this section 311 ought to be eliminated or repealed in order that there may be no conflict between the two sections. It should be noted that the new section 306 removes entirely the limitation as to the ownership of the property in the definition of the crime of arson.

Section 89: Amends section 324 of the Penal Code by eliminating the minimum penalty.

Section 90: Amends section 325 of the Penal Code by including within its provisions "telephone operators and messages" as well as telegraph operators and messages. The language of the section as amended is taken from the California Criminal Code. The section is further amended by changing the punishment so as to include a jail sentence not exceeding one year.

Section 91: Amends section 326 of the Penal Code by eliminating the minimum penalty.

Section 91a: Amends section 327 of the Penal Code by eliminating the minimum penalty.

Section 92: Amends Chapter IV of Title XVI of the Penal Code by adding thereto a new section, 327a. This section adds new law to the criminal laws of the Canal Zone by providing penalties for fraudulently issuing checks or drafts upon a bank or other depository

having no funds or insufficient funds on deposit to pay the same upon presentation.

Section 92a: Amends section 329 of the Penal Code by eliminating the minimum penalty.

Section 92b: Amends section 330 of the Penal Code by eliminating the minimum penalty.

Section 93: Amends section 336 of the Penal Code by increasing the maximum imprisonment penalty from one year to five years. Section 94: Amends section 339 of the Penal Code by inserting the place of imprisonment, "in jail."

Section 94a: Amends the Penal Code by inserting a new section 339a which adds new law to the Criminal Code and provides a penalty for altering club house, commissary, or restaurant, checks, tickets, or coupons. Commissaries and clubhouses are operated in each of the towns on the Canal Zone, and it is to prevent and punish alterations of tickets and coupons issued on these establishments that this amendment is proposed.

Section 95: Repeals section 345 of the Penal Code. The repeal is recommended because the subject is covered in a different manner by section 350.

Section 96: Amends section 352 of the Penal Code by including embezzlement in the offenses therein designated. As amended the section conforms to the similar section in the California Criminal Code.

Section 97: Amends Chapter V of Title XVI of the Penal Code by adding a new section thereto, 354a which will be new law for the Canal Zone. It covers the offense of "joy-riding" or taking the automobile, bicycle, motor cycle, or other vehicle of another person for the purpose of temporarily using or operating the same. The offense is made a misdemeanor and the language follows section 499b of the California Criminal Code.

Section 98: Amends Chapter V of Title XVI of the Penal Code by adding another new section thereto, 354b covering offenses of owners. or managers of automobile garages. This section provides new law for the zone, and is taken from section 537d of the California Criminal Code.

Section 98a: Amends section 355 of the Penal Code by eliminating the minimum penalty.

Section 99: Amends section 359 of the Penal Code by omitting reference therein to municipalities. The amendment is proposed because there are now no officers of municipalities or cities on the zone. Section 100: Amends section 366 of the Penal Code by changing the designation "municipal judge or other competent magistrate' to "magistrate" in order to make the section in harmony with the other laws of the Zone.

Section 101: Amends section 367 of the Penal Code in the same manner and for the same reason as section 366 is amended in the preceding section of this bill.

Section 101a: Amends section 383 by eliminating the minimum penalty.

Section 102: Amends section 386 of the Penal Code by inserting the place of imprisonment, "in jail.”

Section 102a: Amends the Penal Code by adding thereto a new section, 389a. This section enacts new law for the Canal Zone and covers the removal of mortgaged personal property.

Section 102b: Amends section 390 of the Penal Code by eliminating the minimum penalty.

Section 102c: Amends section 401 of the Penal Code by eliminating the minimum penalty and correcting an error therein. The word "and" should have been "or" in the original act, and the amendment is proposed in order to correct the error.

Section 103: Amends Chapter XIII of Title XVI of the Penal Code by adding a new section thereto, 420a. This introduces new law into the Canal Zone and provides a penalty for throwing or depositing glass bottles, nails, tacks, hoops, wires, cans, or other similar substances where they will likely injure any person, animal, or vehicle upon the public highways. The language is taken from the California Code.

Section 104: Repeals section 424 of the Penal Code because the subject matter thereof is covered elsewhere in the code.

Section 105: Amends subsections 4, 5, and 6 of section 426 of the Penal Code. The amendment consists in eliminating references therein to municipalities and by amending subsection 6, which conflicts with the Executive order of the President issued at a later date relating to signs on property and reservations of the Canal Zone, the Panama Railroad, etc.

Section 106: Amends section 431 of the Penal Code by eliminating the minimum penalty and adding the place of imprisonment.

Section 107: Repeals section 434 of the Penal Code. This repeal is proposed because the subject matter is fully covered by navigation regulations provided elsewhere in the Canal Zone laws.

Section 108: Repeals section 435 of the Penal Code for the same reason that section 434 is repealed by the preceding section of this bill.

Section 109: Amends section 436 of the Penal Code, as amended by the Executive order of the President of April 24, 1908, by increasing the offense from a misdemeanor to a felony and by extending the terms of the section to apply to all Government surveys in the zone.

Section 110: Amends section 438 of the Penal Code by eliminating the minimum penalty.

Section 111. Amends section 440 of the Penal Code by eliminating reference therein to municipalities.

Section 112: Amends section 444 of the Penal Code by inserting the place of imprisonment.

Section 113: Amends section 445 of the Penal Code by inserting the place of imprisonment.

Section 114: Amends the first subdivision of section 461 of the Penal Code so as to define the word "wilfully" in conformity with modern decisions and the definition of the word in the California Code.

The sections and other parts of the Penal Code of the Canal Zone that are repealed, and those parts of the sections that are omitted are inclosed herewith in black brackets; new sections that are added, and words or phrases that are inserted in existing law, are inserted herewith in italics, as follows:

SECTION 1. That this act shall hereafter be known as the [Penal] "Criminal Code of the Canal Zone."

[SEC. 4. This act, whenever cited, enumerated, referred to, or amended, may be designated as the Penal Code, adding, when necessary, the number of the section.

[SEC. 6. Nothing in this act affects any of the statutes, laws, orders, or parts thereof enacted by the Congress of the United States or the Isthmian Canal Commission, except so far as they have been repealed or affected by subsequent laws.]

SEC. 7. This code does not affect any power conferred by law upon any courtmartial, or military authority or other officer, to impose or inflict punishment upon offenders: [nor any power conferred by law upon any public body, tribunal, or officer, to impose or inflict punishment (upon offenders.] Provided, however, That the civil courts of the Canal Zone shall have exclusive original jurisdiction in all

criminal matters in which civilians are involved.

SEC. 14. [A] As to all offenses included in this code, a felony is a crime which is punishable with death or by imprisonment in the penitentiary. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the penitentiary is also punishable by fine or imprisonment in jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the penitentiary.

As to all offenses against the general laws of the United States applicable to the Canal Zone, a felony is a crime which may be punished by death or imprisonment for a term exceeding one year and all other such offenses shall be deemed misdemeanors. SEC. 15. Except in cases where a different punishment is prescribed by law, every offense declared to be a felony is punishable by imprisonment in the penitentiary not exceeding five years or by a fine not exceeding $5,000 or by both such fine and imprisonment.

SEC. 16. Except in cases where a different punishment is prescribed by law, every offense declared to be misdemeanor is punishable by imprisonment in jail not exceeding thirty days or by a fine not exceeding [twenty-five dollars] $100, or by both.

[SEC. 20. In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers of the government of the Canal Zone, or of any municipality, city, village, or other civil division, where it is not so expressly provided, they may, in the discretion of the court, be removed from office.]

SEC. 23a. Any trial court of the Canal Zone, in exercise of its jurisdiction of criminal actions, when it shall appear to the satisfaction of the court that the ends of justice and the best interesis of the public, as well as the defendant, will be subserved thereby, shall have power, after conviction or after a plea of guilty for any crime or offense not punishable by death or life imprisonment, to suspend the imposition or execution of sentence and to place the defendant upon probation for such period and upon such terms and conditions as the court deems best; or the court may impose a fine and may also place the defendant upon probation in the manner aforesaid. The court may revoke or modify any condition of probation, or may change the period of probation. The period of probation, together with any extension thereof, shall not exceed five years in the district court or one year in a magistrate court.

While on probation the defendant may be required to pay in one or several sums a fine imposed at the time of being placed on probation and may also be required to make restitution or reparation to the aggrieved party or parties for actual damages or loss caused by the offense for which conviction was had, and may also be required to provide for the support of any person or persons for whose support he is legally responsible. SEC. 26. [The] A sentence of imprisonment in jail, when imposed, [shall be to confinement in the jail of the municipality in which the offense was committed, unless otherwise ordered by the court] may be executed by confinement in any jail of the Canal Zone.

SEC. 29. Whenever any person is declared punishable for a crime by imprisonment in the penitentiary for a term not less than any specified number of years, and no limit [to] of the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment for [such] any number of years [as the discretion of the court shall approve] not less than that prescribed.

SEC. 34. * * *

2. All who commit [larceny or robbery beyond the jurisdiction of the courts] any offense without the Canal Zone which, if committed within the Canal Zone, would be larceny, robbery, or embezzlement under the laws of the Canal Zone, and bring [or are found with the stolen property within this jurisdiction] the property

stolen or embezzled, or any part of it, or are found with it, or any part of it, within the Canal Zone.

SEC. 37. No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But, whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the court or jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.

SEC. 43a. The Postal Laws and Regulations of the United States, not locally inapplicable, which define crimes against the Postal Service, and prescribe punishments therefor, are hereby extended to the Canal Zone and shall be enforceable in the courts of the Canal Zone in the manner and form prescribed for other criminal cases by the Canal Zone laws.

SEC. 44. Any person may be tried and convicted of an [intent] attempt to commit a crime, although it appears at the trail that the crime was actually committed as intended or attempted, unless the court, in its discretion, dismisses the charges and directs such person to be tried for such crime.

SEC. 49. The right of self-defense in no case extends to the infliction of more harm than is necessary for the purpose of defense. [To justify a homicide on the ground of self-defense there must be not only the belief, but also reasonable ground for believing that at the time of killing the deceased the party killing was in imminent or immediate danger of his life or great bodily harm. The circumstances must be such as to induce the mind of a reasonably prudent person to entertain the belief that the defendant was in peril of his life or great bodily harm.]

Sections 58, 59, and 60 merely change meaning of word "magistrate" to conform to use of word in section 7 of Panama Canal act.

SEC. 74a. The words "executive office" as used in this title shall be construed to mean such offices as are occupied and administered by the Governor of the Panama Canal and the heads of the various departments or divisions of the Panama Canal and Panama Railroad Company, and the words "executive officer" to mean the Governor of the Panama Canal and the heads of the various departments or divisions of the Panama Canal and the Panama Railroad Company.

SEC. 79. Every executive or ministerial officer who knowingly asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act is guilty of a misdemeanor] felony.

SEC. 80. [Every officer who, in violation of the law, shall become interested in contracts, or becomes a vendor or purchaser at sales, or shall purchase scrip, or other evidences of indebtedness, is punishable by a fine of not more than one thousand dollars, or by imprisonment in the penitentiary not more than five years, and is forever disqualified from holding any office in the Government of the Canal Zone] No officer or agent of any corporation, joint-stock company, or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint-stock company, association, or firm, shall be employed or shall act as an officer or agent of the United States, the Panama Canal, or the Panama Railroad Company, for the transaction of business with such corporation, joint-stock company, association, or firm. Whoever shall violate the provisions of this section shall be fined not more than $2,000 and imprisoned in the penitentiary not more than two years.

SEC. 83. Every public officer who, for any gratuity, or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is [punishable, by a fine not exceeding five thousand dollars] guilty of a felony, and [] in addition thereto [,] forfeits his office, and is forever disqualified from holding any office in the Government of the Canal Zone.

Sections 89, 90, 91, 92, and 93 repealed.

[SEC. 89. Every person who fraudulently alters the enrolled copy of any act or resolution which has been passed or adopted by the Isthmian Canal Čommission, with intent to procure it to be approved by the chairman, or certified by the secretary, or officially printed or published in language different in that which it was enacted or adopted by the Isthmian Canal Commission, is guilty of a felony, and shall be dealt with accordingly.]