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639. Bank reserve not required on proceeds of war loans.-Aggregate demand deposits against which reserve must be maintained by banks, trust companies, and private and individual bankers shall not include deposits due to the United States of America representing the proceeds of the sale of bonds or certificates of the United States known as war loan of 1917 or the proceeds of any other bonds or certificates of the United States hereafter issued for war purposes.

New York, Laws 1917, ch. 433, sec. 3. 640. Captured property.—The manner of acquiring property captured from an enemy in time of war is regulated by the laws of nations, and with respect to prizes made at sea, by laws which are general throughout the Union.

Louisiana, 2 Merrick's Rev. Civ. Code 1913, art. 3425. 641. Court held at other place than at courthouse.—A judge may direct that court be held or continued at any other place in the county than at the courthouse, when war, pestilence, or other public calamity, or danger thereof may render it necessary; and may, in the same manner, revoke the order, and in his discretion appoint another place in the same county for holding the court.

Oregon, 1 Lord's Laws 1910, sec. 975. 642. Firemen's qualifications.--No person shall be appointed in the fire department or hold membership therein in Greater New York who is not a citizen of the United States, or who can not read and

write understandingly the English language, or if applying for examination during the present war between the United States and the German Empire, and its allies, or within one year after its termination, was under the age of thirty-five years.

New York, Laws 1918, ch. 500, sec. 734. 643. Mortgage may be executed by the Alien Property Custodian.If any mortgage, registered or recorded, is stated in the certificate to have been taken by the Alien Property Custodian, pursuant to the trading with the enemy act, adopted by the United States Congress October 6, 1917, or supplemental acts, and the certificate specifies that the mortgage has been paid, it may be executed by the Alien Property Custodian with like effect as if made by the mortgagee, his personal representative, or assignee. Such certificate of discharge may be offered in evidence in all courts.

New York, Laws 1918, ch. 58. 644. Exchange of prisoners.—The governor may deliver to the military authorities of the United States, to be exchanged for any person held as prisoner by a public enemy or armed insurgents, any person who may be in custody of any officer of this State for a criminal offense.

West Virginia, 1 Hogg's Code 1913, sec. 367. 645. Loyalty to the United States.-Diplomatic relations are severed between this country and the German Empire. Such breach may lead to hostilities. Citizenship of these United States is composed of many nationalities, by birth or ancestry; therefore, Resolved, That the legislature of this State appeals to the citizenship of Oregon for such conduct and action as will prove their loyalty to the country of their adoption or birth, regardless of previous race, creed, or national affiliation; and appeals further for that proof of appreciation of American citizenship which was professed at the time of arrival here, which has been repeated in accepting citizenship, and which the very nature of conditions indicates all honorable men felt when choosing residence in these United States.

Oregon, Laws 1917, H. C. R. No. 9, p. 957. 646. Pledging allegiance to the President.—The general assembly pledges absolute faith and confidence of Colorado in the President of the United States, and indorses every act which he has taken or may take for the protection of the rights of American citizens and interests, whenever and however threatened or attacked.

Colorado, Laws 1917, H. J. R. Nos. 9, 16, pp. 585, 586. Similar provisions, pledging support and assistance to the Government, including all military and financial resources of the several States: Iowa, Laws 1917, ch. 13, cho 299, p. 335; Mississippi, Laws 1917, ch. 59; Montana, Laws 1917, S. J. Res. No. 4, p. 548; Nevada, Laws 1917, Res. No. 4, p. 479; Res. No. 13, p. 488; North Carolina, Laws 1917, Res. No. 19, p. 624.

647. Conspiracy to incite race war.-If any person conspire with another to incite the colored population of the State to acts of violence and war against the white population, or to incite the white population to acts of violence against the colored population, whether insurrection be made or not, he shall be punished by confinement in the penitentiary.

Virginia, 2 Code 1904, sec. 3661. 648. Furtherance of international peace and arbitration.—The general court requests the President of the United States to urge persistently the negotiations with all other nations of treaties of arbitration providing for reference to The Hague tribunal of all differences not settled by regular diplomatic negotiations, and to cause the influence of the United States so far as it might be possible to favor this course among other nations, to the end that the destructive arbitrament of war which determines who is the strongest may be superseded by that of law which determines which cause is more just.

Massachusetts, Acts & Res. 1910, p. 879. 649. Territory not to be increased by conquest.-Resolved, That the General Court of Massachusetts respectfully requests the Congress of the United States to adopt a resolution that this Nation will not increase its territory by conquest. Such has been the resolution of Congress in respect to Cuba. The Republic of Brazil has put into its constitution that it shall in no case undertake a war of conquest, directly or indirectly, for the United States of Brazil or in alliance with another nation. Fear of assault upon territorial integrity is apparently the chief reason for the mutual distrust of the powers and their constant and burdensome preparations for war. The United States of America desires to promote the political unity of all nations recognizing the territorial integrity of the powers and the rights of the several peoples to the land on which they live, and wishes to secure, so far as is possible, the peace and prosperity of the world and to promote mutual confidence between the nations.

Massachusetts, Acts & Res. 1910, p. 881. WILLS.


Soldiers' wills...

Wills of persons in the field.

Section, 650, 651 652-656

657 658

650. Nuncupative.—Any soldier in actual military service, or any mariner or seaman being at sea, may dispose of all his personal property by nuncupative will.

Alabama, 2 Civil Code 1907, sec. 6178. Similar provisions: Arizona, Rev. Stat. 1913, sec. 1213; Arkansas, Kirby's Dig. Stat. sec. 8025; Indiana, 2 Burns' Ann. Stat. 1914, secs. 3133–34; Iowa, 1 Code 1897, sec. 3273; Maine, Rev. Stat. 1916, ch. 79, sec. 18, p. 1122; Maryland, 2 Ann. Code, art. 93, sec. 333, p. 2152; Massachusetts, Rev. Laws 1902, ch. 135, sec. 6; Minnesota, Gen. Stat. 1913, sec. 7252; Mississippi, 1 Hem. Ann. Code 1917, sec. 3373; Nebraska, Rev. Stat. 1913, sec. 1292; New Jersey, 4 Comp. Stat. 1910, sec. 18, p. 5865; Oregon, 3 Lord's Laws 1910, sec. 7329; Rhode Island, Gen. Laws 1909, ch. 254, sec. 20, p. 884; South Carolina, 1 Code 1912, sec. 3588; Texas, 4 Vernon's S. Civ. Code 1914, art. 7864; Wisconsin, Stat. 1917, sec. 2293.

651. Nuncupative—when valid.-A nuncupative will of a soldier and sailor is valid, if (1) his estate does not exceed $1,000, (2) two witnesses were present, one of whom was asked by the testator to bear witness to the will, and (3) decedent at the time was in the actual military service in the field or doing duty on shipboard at sea, and in actual contemplation or fear or peril of death or in expectation of immediate death from an injury received the same day.

California, Civil Code 1915, sec. 1289. Similar provisions, varying as to amount of property: Iowa, 1 Code 1897, sec. 3273; Kentucky, Stat. 1915, sec. 4830, must be reduced to writing within 60 days; Missouri, 1 Rev. Stat. sec. 560–1, must be reduced to writing within 30 days and offered for probate within 6 months; New Hampshire, Pub. Stat. 1901, ch. 186, secs. 16–17, if reduced to writing within 6 days and presented for probate within 6 months; North Dakota, 1 Comp. Laws 1913, sec. 5645; Oklahoma, 2 Rev. Laws 1910, sec. 8343; South Dakota, 2 Comp. Laws 1913, sec. 1003, p. 185.

652. Soldier may make verbal will.—When a person who can make a military testament shall be in imminent danger, he may make a verbal testament as prescribed in articles 1098-1102, but such testament shall lapse in the event the testator survive the danger. If a person able to make a military testament shall prefer to execute a closed or sealed testament, he may do so as prescribed in article 1080,

Canal Zone, Civil Code Panama 1904, arts. 1103-4.

653. Soldiers' wills. During the time of war the testaments of soldiers or of other persons attached to body of troops of the territory of the Republic as also those of volunteers, hostages, and prisoners belonging to said body and those of the persons accompanying or serving any of these persons, may be received by a captain or by an officer of higher rank than captain, or by an intendant of the Army, commissary, or auditor of war. If the person desirous of testating should be sick or wounded, his testament may be received by the chaplain or physician or surgeon attending him and if with military detachment by the officer commanding it, even though he be of rank lower than captain. The testament shall be signed by the testator if he should know how and be able, by the official who received it, and by the witnesses. If the testator should not know how or not be able to sign, this fact should be stated in the testament. In order to make a military testament it shall be necessary that the testator be on a military expedition at the time, on a march or campaign against the enemey, or in the garrison of a place besieged at the time. If he die before the expiration of ninety days next following the date upon which, with respect to him, the conditions permitting a military testament shall have ceased, his testament shall be valid as if it had been executed in the ordinary form. If the testator should survive this period, the testament shall lapse. Inorder that a military testament may be valid it is necessary that it bear at its foot the visé of the superior commander of the expedition or the commander of the garrison, should it not have been executed before the said commander that it be rubricated at the beginning and at the end of each page by said superior or garrison commander, and that the signature of the latter be certified by the Secretary of War and Navy of the Republic if the body of troops shall be in the service of the Nation, or by the secretary of the prefect of the Territory said body be operating in said Territory only.

Canal Zone, Civil Code Panama 1904, arts. 1098–1102. 654. Wills may be made on man-of-war.-A maritime testament may be made on board a Colombian man-of-war on high seas. It shall be received by the commander or second in command in the presence of three witnesses. It shall be kept among the most important papers of the vessel and a note of its execution made on the log of the vessel. If the vessel stop at a foreign port where there is a Colombian diplomatic or consular agent, the commander shall deliver to him a copy of the testament, taking a receipt therefor. In case of imminent danger an oral testament may be made on board a man-of-war on high seas.

Canal Zone, Civil Code Panama 1904, arts. 1105–1112 655. Soldiers' wills.- Military and maritime wills, and those executed in foreign countries, are considered special.

Porto Rico, Rev. Stat. 1913, sec. 3763.


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