§ 1644. Right to communicate and receive visitors; exercise of civil rights (a) Subject to the general rules and regulations of the hospital and, with respect to paragraphs (1) and (2) of this subsection, except to the extent that the head of the hospital determines that it is necessary for the medical welfare of the patient to impose restrictions, every patient may: (1) communicate by sealed mail or otherwise with persons, including official agencies, inside or outside the hospital; (2) receive visitors; and (3) exercise all civil rights including, but not limited to, the right to dispose of property, execute instruments, make purchases, enter contractual relationships, and vote, unless he has been adjudicated incompetent and has not been restored to legal capacity. (b) Notwithstanding any limitations authorized by this section on the right of communication, every patient may communicate by sealed mail with the health director, the Governor of the Canal Zone, and, if admitted pursuant to section 1637 of this title, with the judge of the district court who ordered his hospitalization. (c) Any limitations imposed by the head of a hospital on the exercise of these rights by a patient and the reasons for the limitations shall be made a part of the clinical record of the patient. § 1645. Transfer of patients generally The health director may transfer a patient from one hospital to another if the health director determines that it would be consistent with the medical needs of the patient to do so. When a patient is transferred, written notice thereof shall be given to any one of the following persons: the patient's legal guardian, parent or parents, spouse, or next of kin, or, if none is known, to any other interested party, and, if the patient was hospitalized pursuant to section 1637 of this title, to the judge of the district court. § 1646. Release on convalescent status The head of a hospital may release a patient on convalescent status when he believes that that status is in the best interest of the patient. Convalescent status shall, as far as practicable, include provisions for continuing responsibility to and by the hospital, and for a plan of treatment on an outpatient basis or under the direction of a licensed physician. Periodically, at intervals consistent with good medical practice and with thenexisting circumstances, the head of the hospital shall re-examine the facts relating to the condition of the patient on a convalescent status and, if he determines that hospitalization is no longer necessary, he shall discharge the patient. § 1647. Readmission Prior to discharge, the head of the hospital from which a patient is given convalescent status may at any time readmit the patient. If there is reason to believe that it is in the best interests of the patient to be rehospitalized, the health director or the head of the hospital may issue an order for the immediate rehospitalization of the patient. Such an order, if not voluntarily complied with, shall, upon the indorsement by the judge of the district court or by a magistrate in the Canal Zone, authorize any peace officer to take the patient into custody and transport him to the hospital. § 1648. Disclosure of information; penalties (a) All certificates, applications, records and reports, other than an order of the court, made for the purposes of this chapter, and directly or indirectly identifying a patient or former patient or an individual whose hospitalization has been sought under this chapter together with clinical information relating to such patients, shall be kept confidential and shall not be disclosed by any person except insofar as: (1) the individual identified, or his legal guardian, if any (or if he is a minor, his parent or legal guardian), consents; or (2) disclosure may be necessary to carry out any of the provisions of this chapter; or (3) a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make disclosure would be contrary to the public interest. (b) Nothing in this section precludes disclosure, upon proper inquiry, of information concerning current medical condition to the members of the immediate family of a patient. (c) Whoever violates any provision of this section shall be fined not more than $500 or imprisoned in jail not more than one year, or both. § 1649. Discharge upon medical review (a) The head of a hospital shall cause the condition of every patient to be reviewed as frequently as is consistent with good medical practice, and whenever the head of a hospital determines that the conditions justifying hospitalization no longer exist, the patient shall be discharged even if he was admitted on his own application and regardless of section 1635 (a) (1) of this title, and the Health Bureau so notified. (b) If the patient was admitted on other than his own application, notice of the discharge shall also be given to any one of the following persons: the patient's legal guardian, parent or parents, spouse, or next of kin, or, if none is known, to any other interested party, and, if the patient was hospitalized pursuant to section 1637 of this title, to the judge of the district court. § 1650. Discharge other than upon medical review (a) A patient may be discharged by the head of a hospital without regard to the patient's condition in any case in which: (1) the patient has been ordered excluded or deported from the Canal Zone; (2) arrangments have been made, in the case of persons having a transient status in the Canal Zone, for the patient's departure from the Canal Zone; or (3) arrangements have been made for the patient's transfer to another jurisdiction for treatment. (b) Notice of discharge under this section shall be given as prescribed by section 1649 of this title. § 1651. Discharge of prisoners Notwithstanding any other provision of this chapter, whenever a patient: (1) is under the unexpired sentence of a court; or (2) was committed to a hospital pursuant to section 4864 of Title 6 and the criminal proceedings against him are still pending; or (3) was committed to a hospital pursuant to sections 4456 and 4457 of Title 6 the head of the hospital shall only discharge the patient into the custody of the warden of the institution from which he was taken, or in the case of commitments pursuant to section 4864 of Title 6, to the warden of the jail. Sec. SUBCHAPTER IV-FORCIBLE ENTRY AND DETAINER 1801. Forcible entry defined. 1802. Forcible detainer defined. 1803. Unlawful detainer defined. 1804. Service of notice. 1805. Parties defendant. 1806. Parties generally. 1807. Complaint; issuance of summons. 1808. Form and service of summons. 1809. Arrest of defendant. 1810. Default judgment. 1811. Appearance and answer of defendant. 1812. Trial; showing required. 1813. Amendment to conform to evidence; continuance. 1814. Judgment. 1815. Relief against forfeiture of lease. 1816. Appeals. 1817. Stay pending appeal. 1818. Rules of practice. 1819. Jurisdiction of magistrates' courts. Subchapter I-Property Actions Generally; Conflicting Claims § 1691. Action to quiet title to real and personal property (a) An action may be brought by any person against another who claims an estate or interest in real or personal property adverse to him, for the purpose of determining the adverse claim. (b) In an action to quiet title to, or to determine adverse claims to, real or personal property, when the validity or interpretation of a gift, devise, bequest, or trust, under any will or instrument purporting to be a will, whether admitted to probate or not, is involved, the will, or instrument purporting to be a will, is admissible in evidence; and all questions concerning the validity of any gift, devise, bequest, or trust therein contained, save such as belong exclusively to the probate jurisdiction, shall be determined in the action. If the will has been admitted to probate and interpreted by a decree of the district court, which decree has become final, the interpretation shall be conclusive as to the proper construction of the will, or any part thereof, so construed, in an action under this section. § 1692. Costs If the defendant in an action under section 1691 of this title disclaims in his answer any interest or estate in the property, or suffers judgment to be taken against him without answer, the plaintiff cannot recover costs. § 1693. Recovery of property; termination of plaintiff's right pending action In an action for the recovery of property, if the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment shall be according to the fact, and the plaintiff may recover damages for withholding the property. § 1694. Value of improvements as set-off When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of the improvements shall be allowed as a setoff against the damages. § 1695. Mortgage not a conveyance A mortgage of real property is not deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without foreclosure and sale. § 1696. Injunction against injury during foreclosure or after execution sale The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon; or, after a sale on execution, before a conveyance. § 1697. Damages for injury after execution sale When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession is delivered under the conveyance. § 1698. Alienation of real property pending action An action for the recovery of real property against a person in possession is not prejudiced by any alienation made by that person, either before or after the commencement of the action. § 1699. Joinder of defendants; writ of possession In an action brought by a person out of possession of real property, to determine an adverse claim of an interest or estate therein, the person making the adverse claim and persons in possession may be joined as defendants, and if the judgment is for the plaintiff, he may have a writ for the possession of the premises, as against the defendants in the action, against whom the judgment has passed. § 1700. Tenants in common, etc., as parties All persons holding as tenants in common, joint tenants, or copartners, or any number less than all, may jointly or severally commence or defend any civil action or proceeding for the enforcement or protection of the rights of such party. § 1701. Description of real property in pleadings In an action for the recovery of real property, it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it. § 1702. Verdict in action to recover personal property In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant by his answer claims a return thereof, the jury, if their verdict is in favor of the plaintiff, or if in favor of defendant and they also find that he is entitled to a return thereof, shall find the value of the property, and, if so instructed, the value of specific portions thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the taking or detention of the property. § 1703. Judgment in action to recover personal property In an action to recover the possession of personal property, judg ment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claims a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the property. § 1704. Application of chapter to magistrates' courts Sections 1691-1701, 1703, 1731-1734, and 1762 of this title apply to the magistrates' courts insofar as they relate to actions within the jurisdiction of the magistrates' courts. Sections 1801-1819 of this title apply to the magistrates' courts as provided by section 1819 of this title. |