§ 10. Public defender

The Governor shall appoint a qualified member of the bar of the Canal Zone as a public defender. The public defender shall receive such compensation and such of the privileges of a Canal Zone Government employee as are fixed and granted by the Governor.

The public defender shall represent, in the district court, any person charged with the commission of a crime within the original jurisdiction of the district court who is unable to obtain counsel for his defense, unless, in an exceptional case, the court assigns other counsel.

Subchapter II-United States Attorney and Marshal

§ 41. Appointment, tenure, leave, and residence of United States attorney

(a) The President shall, by and with the advice and consent of the Senate, appoint a United States attorney for the District of the Canal Zone, who shall hold office for a term of eight years and until his successor is chosen and qualifies, unless sooner removed by the President.

(b) In case of a vacancy in the office of United States attorney, the district court may appoint a person to exercise the duties of the vacant office until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of court.

(c) The United States attorney shall be allowed 60 days' leave of absence with pay each year, under regulations prescribed by the President.

(d) The United States attorney shall reside within the Canal Zone. § 42. Assistant United States attorneys; attorneys; clerical assistants; messengers

Sections 502, 503, and 510 of Title 28, United States Code, apply to the office of the United States attorney for the District of the Canal Zone. The assistant United States attorneys shall reside within the Canal Zone.

§ 43. Salaries

The salaries of the United States attorney, assistant United States attorneys, and attorneys appointed pursuant to section 503 of Title 28, United States Code, are subject to section 508 of Title 28, United States Code.

§ 44. Duties of United States attorney

(a) The United States attorney shall:

(1) conduct all legal proceedings, civil and criminal, for the Government of the United States and for the Government of the Canal Zone;

(2) prosecute all recognizances forfeited and all cases for the recovery of fines, penalties, debts, and forfeitures accruing to the Government of the United States, the Government of the Canal Zone, or the Canal Zone Government; and

(3) advise the Governor, upon request of the latter, on matters pertaining to the office of the Governor.

(b) During the absence or disability of the United States attorney or during a vacancy in his office, a reference in this Code to the United States attorney includes an assistant United States attorney. § 45. Appointment, tenure, leave, and residence of United States marshal; deputies and assistants; salaries (a) The President shall, by and with the advice and consent of the Senate, appoint a United States marshal for the District of the Canal Zone, who shall hold office for a term of eight years and until his successor is chosen and qualifies, unless sooner removed by the President.

(b) In case of a vacancy in the office of United States marshal, the district court may appoint a person to exercise the duties of the vacant office until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of court.

(c) The United States marshal shall be allowed 60 days' leave of absence with pay each year, under regulations prescribed by the President.

(d) The United States marshal shall reside within the Canal Zone. (e) The appointment and tenure of deputies and clerical assistants and the salaries of the United States marshal and his deputies and clerical assistants are subject to sections 542 and 552 of Title 28, United States Code.

§ 46. Powers and duties of United States marshal; supervision by Attorney General

(a) The United States marshal shall be the marshal of the district court and may, in its discretion, be required to attend any session of the court.

(b) The marshal shall execute all lawful writs, process, and orders issued under authority of the United States or of the Government of the Canal Zone, except:

(1) those returnable to the magistrates' courts; or

(2) those issued pursuant to section 1101 of Title 2and he shall command all necessary assistance to execute his duties. (c) The Attorney General shall supervise and direct the marshal in the performance of public duties and accounting for public moneys. The marshal shall report his official proceedings, receipts and disbursements, and the condition of his office as the Attorney General directs. 847. Fees of United States marshal

The United States marshal shall receive, deposit, and account for all public moneys collected by him in accordance with the laws, rules, and regulations governing the receipt and disposition of moneys by United States marshals of judicial districts of the United States.

Sec.

CHAPTER 3-MAGISTRATES' COURTS

81. Establishment of magistrates' courts.

82. Appointment, term, and compensation of magistrates, constables, and other employees.

83. Authority of one magistrate to act for another.

84. Oaths of magistrates and constables.

85. Depositing records with successor.

86. Administrative regulations governing magistrates' courts.

§ 81. Establishment of magistrates' courts

There shall be at least one magistrate's court in each subdivision established pursuant to section 3 of Title 2.

§ 82. Appointment, term, and compensation of magistrates, constables, and other employees

(a) The President or his designee shall appoint a sufficient number of magistrates, who shall hold office for terms of four years and until their successors are chosen and qualify, unless sooner removed for The President or his designee may appoint relief magistrates, or may assign a magistrate to another magistrate's court, to act when necessary:

cause.

(1) during the absence of a magistrate from the Canal Zone; (2) during any period of disability or disqualification of a magistrate from sickness or otherwise to discharge his duties; or (3) for a temporary period only, during the existence of a vacancy in a magistrate's court.

(b) The Governor shall appoint a sufficient number of constables and other employees necessary to conduct the business of the magistrates' courts. Section 101 of Title 2 applies to appointments under this subsection and to the fixing of compensation and the establishment of conditions of employment for magistrates, constables, and other employees of the magistrates' courts. The constables shall perform such clerical and other duties as the magistrates prescribe.

(c) Only citizens of the United States may be appointed magistrates or constables. Magistrates and constables shall reside within the Canal Zone.

§ 83. Authority of one magistrate to act for another

Upon request of a magistrate who is unable to act in any proceeding because of sickness, disability, disqualification, absence, or other cause, another magistrate may act for him. In such cases the proper entry of the proceedings of the magistrate so acting shall be made in the docket of the magistrate for whom he acts. If the inability to act ceases while the proceedings are pending, the magistrate who made the request may resume jurisdiction.

§ 84. Oaths of magistrates and constables

Before assuming office, magistrates and constables shall take and subscribe an oath of office to the effect that they will faithfully and impartially discharge the duties of their respective offices.

§ 85. Depositing records with successor

Upon the expiration of their terms of office, magistrates shall deposit with their successors their official dockets and the papers filed in their offices, and any others which may be in their custody to be kept as records.

§ 86. Administrative regulations governing magistrates' courts The President shall prescribe regulations governing the administration of magistrates' courts and prescribing:

Sec.

(1) the duties of magistrates and constables;

(2) oaths and bonds;

(3) the times and places of holding magistrates' courts; and (4) the disposition of fines, costs and forfeitures.

CHAPTER 5-JURISDICTION AND VENUE

SUBCHAPTER I-GENERAL PROVISIONS

121. Actions between nonresidents.

SUBCHAPTER II—JURISDICTION OF DISTRICT COURT

141. General Jurisdiction of district court.

142. Admiralty Jurisdiction.

143. Jurisdiction of offenses committed within special maritime and territorial jurisdiction of United States.

SUBCHAPTER III—JURISDICTION OF MAGISTrates' courts

171. General jurisdiction of magistrates' courts.

172. Preliminary examinations.

SUBCHAPTER IV-VENUE OF CIVIL ACTIONS

201. Venue of district court civil actions.

202. Transmittal of record upon change of venue. 203. Venue of civil actions in magistrates' courts. 204. Change of venue in magistrates' courts.

SUBCHAPTER V-VENUE OF CRIMINAL ACTIONS

231. Venue of offenses in magistrates' courts.

232. Change of venue in criminal actions in magistrates' courts.

233. Transfer of custody of defendant in district and magistrates' courts.

Subchapter I-General Provisions

§ 121. Actions between nonresidents

A civil action or special proceeding may not be brought in the courts of the Canal Zone where all the parties are nonresidents of the Canal Zone, unless the claim for relief or cause of action is one which arose within the territorial limits of the Canal Zone, or one of the parties proceeded against has property within the territorial limits subject to attachment or execution, or is engaged in business or is employed within the territorial limits.

Subchapter II-Jurisdiction of District Court

§ 141. General jurisdiction of district court

The district court has jurisdiction of all:

(1) civil and criminal actions, except those within the original jurisdiction of the magistrates' courts;

(2) cases in admiralty;

(3) appeals from the magistrates' courts;

(4) actions and proceedings involving laws of the United States applicable to the Canal Zone; and

(5) other matters and proceedings wherein jurisdiction is conferred by this Code or any other law.

§ 142. Admiralty jurisdiction

The jurisdiction in admiralty conferred upon the district court and the district judge is the same as is exercised by the United States district courts and the United States district judges.

§ 143. Jurisdiction of offenses committed within special maritime and territorial jurisdiction of United States In addition to the jurisdiction specifically conferred on it by this Code and other laws, the district court has jurisdiction of offenses under the criminal laws of the United States when such offenses are committed beyond the territorial limits of the Canal Zone but within the special maritime and territorial jurisdiction of the United States as defined by section 7 of Title 18, United States Code, and the offenders are found in the Canal Zone or are brought into the Canal Zone after the commission of the offense.

This section does not deprive the United States district courts of any jurisdiction now provided by law.

Subchapter III—Jurisdiction of Magistrates' Courts

§ 171. General jurisdiction of magistrates' courts

The magistrates' courts have exclusive original jurisdiction coextensive with the subdivision in which each is situated of all:

(1) civil actions in which the principal sum claimed does not exceed $500;

(2) criminal actions wherein the punishment which may be imposed does not exceed a fine of $100, or imprisonment in jail for 30 days, or both;

(3) criminal actions under section 1692 of Title 6 for reckless driving, where bodily injury to a person is not involved, and under section 1693 of Title 6 for driving while intoxicated; and

(4) actions involving the forcible entry and detainer of real estate.

§ 172. Preliminary examinations

The magistrates' courts have jurisdiction to hold preliminary examinations in charges of crime within the original jurisdiction of the district court, to commit offenders to the district court, and to grant bail in bailable cases.

Subchapter IV-Venue of Civil Actions

§ 201. Venue of district court civil actions

(a) Except as otherwise provided by law, all civil actions in the district court may be brought in the division where the defendant or necessary party defendant resides or is found, or in the division where the plaintiff or one of the plaintiffs resides, at the election of the plaintiff.

(b) If neither the plaintiff nor the defendant resides within the Canal Zone, and the action is brought to seize or obtain title to property of the defendant within the Canal Zone, the action shall be brought in the division where the property is situated or is found.

(c) Actions against executors, administrators, and guardians touching the performance of their official duties, and actions for account and settlement by them, and actions for the distribution of the estates of deceased persons among the heirs and distributees, and actions for the payment of legacies, shall be brought in the division in which the will was admitted to probate, or letters of administration were granted, or the guardian was appointed.

(d) Actions to obtain possession of real property, or to recover damages for injuries to real property, or to establish an interest or right in or to real property shall be brought in the division where the property, or some part thereof, is situated.

§ 202. Transmittal of record upon change of venue

When a change of venue from one division of the district court to the other division thereof has been ordered by the court pursuant to section 1404 or 1406 of Title 28, United States Code, the clerk shall immediately make out a true transcript of all docket entries made in the action, and certify thereto under his official seal, and transmit the transcript with all the papers in the action to the other division, and the case shall be tried therein as if it had been instituted there originally.

§ 203. Venue of civil actions in magistrates' courts

Actions in magistrates' courts must be commenced and, subject to the right to change the place of trial as provided in this subchapter, must be tried:

(1) when two or more persons are jointly, or jointly and severally, bound in any debt or contract, or otherwise jointly liable in the same action, and reside in different subdivisions-in either subdivision:

(2) in cases of injury to the person or property-in the subdivision where the injury was committed, or where the defendant resides:

(3) if for the recovery of personal property, or the value thereof, or damages for taking or detaining the same in the subdivision in which the property may be found, or in which the property was taken, or in which the defendant resides;

(4) when neither plaintiff nor defendant resides within the Canal Zone, and the action is brought to seize or obtain title to property of the defendant within the Canal Zone-in the subdivision where the property is situated or found;