sentatives, may recover from the person, firm, or corporation receiving such interest, the amount of the interest so received or collected, in any court of competent jurisdiction, within two years from the date of the payment.

8 2019. Evidence of usury

Evidence of usury may not be received on the trial of any case unless it is pleaded and verified by the affidavit of the party wishing to avail himself of that defense.

Sec.

2051. Hiring defined.

CHAPTER 57-HIRING

2052. Products of thing hired.

2053. Quiet possession.

2054. Degree of care by hirer.

2055. Repairs by hirer.

2056. Thing let for a particular purpose.

2057. Termination of hiring by letter.

2058. Termination of hiring by hirer.

2059. Termination of hiring generally.

2060. Death or incapacity of party.

2061. Apportionment of hire.

2062. Obligations of letter of personal property.

2063. Ordinary expenses.

2064. Extraordinary expenses.

2065. Return of thing hired.

§ 2051. Hiring defined

Hiring is a contract by which one gives to another the temporary possession and use of property, other than money, for reward, and the latter agrees to return the same to the former at a future time. § 2052. Products of thing hired

The products of a thing hired, during the hiring, belong to the hirer. § 2053. Quiet possession

An agreement to let upon hire binds the letter to secure to the hirer the quiet possession of the thing hired during the term of the hiring, against all persons lawfully claiming it.

§ 2054. Degree of care by hirer

The hirer of a thing shall use ordinary care for its preservation in safety and in good condition.

§ 2055. Repairs by hirer

The hirer of a thing shall repair all deteriorations or injuries thereto occasioned by his want of ordinary care.

§ 2056. Thing let for a particular purpose

When a thing is let for a particular purpose the hirer may not use it for any other purpose; and if he does, he is liable to the letter for all damages resulting from such use, or the letter may treat the contract as thereby rescinded.

§ 2057. Termination of hiring by letter

The letter of a thing may terminate the hiring and reclaim the thing before the end of the term agreed upon when the hirer:

(1) uses or permits a use of the thing hired in a manner con

trary to the agreement of the parties; or

(2) does not, within a reasonable time after request, make such repairs as he is bound to make.

§ 2058. Termination of hiring by hirer

The hirer of a thing may terminate the hiring before the end of the term agreed upon:

(1) when the letter does not, within a reasonable time after request, fulfill his obligations, if any, as to placing and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or

(2) when the greater part of the thing hired, or that part which was and which the letter had at the time of the hiring reason to believe was the material inducement to the hirer to enter into the contract, perishes from any other causes than the want of ordinary care of the hirer.

§ 2059. Termination of hiring generally

The hiring of a thing terminates:

(1) at the end of the term agreed upon;

(2) by the mutual consent of the parties;

(3) by the hirer acquiring a title to the thing hired superior to that of the letter; or

(4) by the destruction of the thing hired.

§ 2060. Death or incapacity of party

If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to contract. In other cases it is not terminated thereby.

§ 2061. Apportionment of hire

When the hiring of a thing is terminated before the time originally agreed upon, the hirer shall pay the due proportion of the hire for such use as he has actually made of the thing, unless the use is merely nominal and of no benefit to him.

§ 2062. Obligations of letter of personal property

One who lets personal property shall deliver it to the hirer, secure his quiet enjoyment thereof against all lawful claimants, put it into a condition fit for the purpose for which he lets it, and repair all deteriorations thereof not occasioned by the fault of the hirer and not the natural result of its use.

§ 2063. Ordinary expenses

A hirer of personal property shall bear all such expenses concerning it as might naturally be foreseen to attend it during its use by him. All other expenses must be borne by the letter.

§ 2064. Extraordinary expenses

If a letter fails to fulfill his obligations as prescribed by section 2062 of this title, the hirer, after giving him notice to do so, if notice can conveniently be given, may expend any reasonable amount necessary to make good the letter's default, and may recover that amount from him.

§ 2065. Return of thing hired

At the expiration of the term for which personal property is hired, the hirer shall return it to the letter at the place contemplated by the parties at the time of hiring; or, if no particular place was so contemplated by them, at the place at which it was at that time.

2122. Assumption of risk; fellow servant rule; contributory negligence. 2123. Negligence of employer.

SUBCHAPTER III-OBLIGATIONS OF EMPLOYEE

2151. Duties of gratuitous employee generally.

2152. Gratuitous employee; service by own request; relinquishment. 2153. Same; written power of attorney.

2154. Duties of employee for reward.

2155. Duties of employee for his own benefit.

2156. Obedience to employer.

2157. Conformity to usage.

2158. Degree of skill required.

2159. Use of skill possessed.

2160. Things which belong to employer.

2161. Duty to account.

2162. Delivery without demand.

2163. Preference to employer.

2164. Responsibility for negligence.

2165. Surviving employee.

SUBCHAPTER IV—TERMINATION OF EMPLOYMENT

2191. Termination of employment generally.

2192. Death or incapacity of employer.

2193. Continuance of service in certain cases.

2194. Terms of employment.

2195. Termination by employer.

2196. Termination by employee.

2197. Compensation due on dismissal.

2198. Compensation due on quitting.

Subchapter I-General Provisions

§ 2101. Employment defined

The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or of a third person.

§ 2102. Government employees

This chapter and chapters 61 and 63 of this title do not apply to the United States Government or any of its agencies, or to their employees as concerns such employment.

§ 2103. Scope of chapter

The scope of this chapter is not confined to servants, but includes factors, brokers, carriers, agents, and all similar classes of persons.

Subchapter II-Obligations of Employer

§ 2121. Indemnification of employee

Except as provided by section 2122 of this title, an employer must indemnify his employee for all that the employee necessarily expends or loses in direct consequence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful.

§ 2122. Assumption of risk; fellow servant rule; contributory

negligence

(a) An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the negligence causing the injury was committed in the performance of a duty the employer owes by law to the employee, or unless the employer has neglected to use ordinary care in the selection of the culpable employee. However, the employer is liable for injury when the same results from the wrongful act, neglect, or default of any agent or officer of the employer, superior to the employee injured, or of a person employed by the employer having the right to control or direct the services of the employee injured, and also when the injury results from the wrongful act, neglect, or default of a coemployee engaged in another department of labor from that of the employee injured, or employed upon a machine or other appliance other than that upon which the employee injured is employed.

(b) Knowledge by an employee injured of the defective or unsafe character or condition of any machinery, ways, appliances or structures of the employer is not a bar to recovery for any injury or death caused thereby, unless it also appears that the employee fully understood, comprehended and appreciated the dangers incident to the use of the defective machinery, ways, appliances or structures, and thereafter consented to use it, or continued in the use thereof. (c) Any contract or agreement, express or implied, made by an employee to waive the benefits of this section, or any part thereof, is null and void, and this section does not deprive any employee or his personal representative of any right or remedy to which he is now entitled under the laws of the Canal Zone.

(d) The rules and principles of law as to contributory negligence which apply to other cases apply to cases arising under this section, except insofar as the same are herein modified or changed.

§ 2123. Negligence of employer

An employer shall in all cases indemnify his employee for losses caused by the former's want of ordinary care.

Subchapter III-Obligations of Employee

§ 2151. Duties of gratuitous employee generally

One who, without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance, he shall use at least slight care and diligence therein.

§ 2152. Gratuitous employee; service by own request; relinquish

ment

One who, by his own special request, induces another to intrust him with the performance of a service, shall perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time.

§ 2153. Same; written power of attorney

A gratuitous employee, who accepts a written power of attorney, shall act under it as long as it remains in force, or until he gives notice to his employer that he will not do so.

§ 2154. Duties of employee for reward

One who, for a good consideration, agrees to serve another, shall perform the service, and must use ordinary care and diligence therein, as long as he is thus employed.

§ 2155. Duties of employee for his own benefit

One who is employed at his own request to do that which is more for his own advantage than for that of his employer, shall use great care and diligence therein to protect the interest of the employer. § 2156. Obedience to employer

An employee shall substantially comply with all the directions of his employer concerning the service on which he is engaged, except where obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee.

8 2157. Conformity to usage

An employee shall perform his service in conformity to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable or manifestly injurious to his employer to do so.

§ 2158. Degree of skill required

An employee shall exercise a reasonable degree of skill, unless his employer has notice, before employing him, of his want of skill. $2159. Use of skill possessed

An employee shall use such skill as he possesses, as far as the same is required, for the service specified.

§ 2160. Things which belong to employer

Everything which an employee acquires by virtue of his employment, except the compensation, if any, which is due to him from his employer, belongs to the employer, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employ

ment.

§ 2161. Duty to account

An employee shall, on demand, render to his employer just accounts of all his transactions in the course of his service, as often as may be reasonable, and shall, without demand, give prompt notice to his employer of everything which he receives for his account.

§ 2162. Delivery without demand

An employee who receives anything on account of his employer, in any capacity other than that of a mere servant, is not bound to deliver it to the employer until demanded, and may not send it to the employer from a distance, without demand, in any mode involving greater risk than its retention by the employee himself.

§ 2163. Preference to employer

An employee who has any business to transact on his own account, similar to that intrusted to him by his employer, shall always give the latter the preference.

§ 2164. Responsibility for negligence

An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused to the employer. The employer is liable to the employee, if the service is not gratuitous, for the value of such services only as are properly rendered.