pertaining to lands owned by the United States. 12 The Panama Canal Company inherited these records as successor in function to the Land Office of the Canal Zone.13 Access to these records can be initiated by contacting the Panama Canal Company or by contacting the Archivist of the United States in the event that the Panama Canal Company has already transferred the records to the Archivist under the applicable statute. These records 15 should not be disposed 16 prior to any disposition of public lands comprising the Canal Zone." In the event these records have been destroyed either by the Archivist or by the Panama Canal Company, the only authentic record which survives would then be the official record of the Registrar of Court, which is an equally valid proof of title. 14 OFFICIAL RECORD The official record of the Registrar of Property of the Canal Zone is in the legal custody of the Clerk of Courts, United States District Court for the District of the Canal Zone.18 As evidenced by the Order of the District Court of the Canal Zone pursuant to which access to the records was obtained at the Subcommittee hearing on March 11. 1978, access to the property records of the Court is properly initiated by contacting the District Court which can arrange for review of its records by the public or by the Congress. Since the official record of the District Court must be presumed to be the only known proof of the United States fee simple interest in the lands comprising the Canal Zone, extraordinary care must be taken to protect the records of the Court. Because federal law prohibits the destruction of these records. the official records must be safeguarded by the court.19 The District Court has to date performed this function well, and there is no reason to suppose that the records will now be lost or destroyed. Nevertheless. because the matter of the disposition of public lands in the Canal Zone is presently before the Congress (the proposed Panama Canal Treaty and H. Con. Res. 347), the temporary location of the records in Washington in the physical custody of the Administrative Office of the United States Courts is desirable pending the final outcome of the legislative issue and pending such further record disposition as the United States District Court for the Canal Zone might deem appropriate. 12 Executive Order No. 7, Section 2. 13 Summary provided to the Subcommittee staff by the Panama Canal Company on March 17. 1978. 14 44 U.S.C. 2103. 15 44 U.S.C. 3301. 16 44 U.S.C. 3308. 17 Article IV, Section 3, Clause 2 of the Constitution. 18 Testimony of the Clerk of Court. United States District Court for the District of the Canal Zone before the Subcommittee on March 11, 1978. 19 28 U.S.C. 1735 (b). MICROFILM The Subcommittee has in its possession a complete microfilm copy of all the records of the US. District Court for the Canal Zone through 1955. The staff has examined the microfilm records in detail and finds a variety of warranty deeds, quit claim deeds, and other conveyance instruments vesting title to real property in the Zone in the United States of America as grantee. In some instances, it appears that the United States (or an agent of the United States, such as the Isthmian Land Commission, the Panama Railroad Company, or the Panama Canal Company) may have paid several times over for the same tract of land in order to insure good title. The records clearly show that a concentrated effort to extinguish all private land titles (or claims of title) and vest in the United States a fee simple interest in all real estate in the Canal Zone occurred in the years immediately after 1912 when President Woodrow Wilson, acting under specific authority of the Panama Canal Act of 1912, ordered the acquisition by the United States of fee title to all lands in the Zone.20 SAMPLE DEEDS In accordance with the order of the Chairman, hereafter follows a representative sample of types of instruments of conveyance by which the United States, as grantee, purchased its proprietary land rights in the Isthmus of Panama. 20 Execuive Order of the President of the United States dated December 5, 1912. INSTRUMENT No. 18 Know all men by these presents That I, Maria Concepcion Sosa, resident of Panama, Republic of Panama, for and in consideration of the sum of fifteen thousand dollars ($15,000) lawful money of the United States, (with interest on same of 6% from 8th August, 1908, until date payment is tendered by the Isthmian Canal Commission) to me in hand paid by the Isthmian Canal Commission, the receipt of which is hereby acknowledged, have granted, bargained, sold, received, and forever released and quit-claimed, and by these presents do grant, bargain, sell, remise, and forever release and quit-claim to the said Isthmian Canal Commission the seventeen (17) hectares of the estate known as "Gavilan y Gavilancito" and appropriated by the Joint Commission, appointed under the provisions of Articles VI and XV of the Treaty between the United States of America and the Republic of Panama, Mr. Edwin Denby, Chairman, together with all rights, claims, household interests and demands of whatever nature, thereto appertaining: To have and to hold the above described lands of the "Gavilan y Gavilancito" assets, together with all rights, claims, leasehold interests, and demands of whatever nature, thereto appertaining, unto the said Isthmian Canal Commission, their successors, administrators, and assigns forever, and I, Maria Concepcion Sosa, do vouch myself to be the true and lawful owner of the above seventeen (17) hectares of the "Gavilan y "Gavilancito" estate, and to have in myself full power, good right and lawful authority to dispose of the said land and all interests thereto appertaining in the manner as aforesaid, and I do hereby for myself, my heirs, administrators, executors and assigns, covenant and agree to warrant and defend the said lands and leasehold interests thereunto appertaining unto the said Isthmian Canal Commission, their successors, administrators and assigns, against the lawful claims and demands of all persons whatsoever. In witness whereof, I Maria Concepcion Sosa, have hereunto set my hand and seal, this 21st day of August 1908. Signed, sealed and delivered in presence of : (Signed) MARIA C. SOSA. Personally appeared before me, the undersigned, Maria Concepcion Sosa. whose name is subscribed to the foregoing instrument in writing and acknowledged the same to be her voluntary act and deed; and I certify that the said instrument in writing was read and fully explained to the said Maria Concepcion Sosa at the time of acknowledgment. In testimony thereof, I have hereunto set my hand and affixed my official seal, this 21st day of August, 1908. (Signed) WALTER EMERY, Clerk of the Circuit Court for the 1st Judicial Circuit, C.Z. Filed for record, August 21st, 1908, at 3 o'clock P. M. (Signed) WALTER EMERY, Registrar. INSTRUMENT No. 23 Know all men by these presents, That I, Jose Gabriel Duque, a resident of Panama, Republic of Panama, for and in consideration of the sum of one thousand dollars ($1,000.00) lawful money of the United States (with interest on same of 6% from 6th August, 1908, until date payment is tendered by the Isthmian Canal Commission, to me in hand paid by the Isthmian Canal Commission, the receipt of which is hereby acknowledged, have granted, bargained, sold. remised, and forever releeased and quit-claimed, bey these presents do grant, bargain, sell, remise, and forever release and quit-claim to the said Isthmian Canal Commission the one (1) hectare of the estate known as “San Lazaro,” and appropriated by the Joint Commission, appointed under the provisions of the Articles VI and XV of the Treaty between the United States of America and the Republic of Panama, Mr. Edwin Denby, Chairman, together with all the rights, claims, leasehold interests and demands of whatever nature, etc. appertaining; To have and to hold the above described lands of the "San Lazaro" estate. together with all rights, claims, leasehold interests and demands of whatever nature, thereto appertaining, unto the said Isthmian Canal Commission, their successors, administrators, and assigns forever, and I, Jose Gabriel Duque, do youch myself to be the true and lawful owner of the above one (1) hectare of the "San Lazaro" estate, and to have in myself full power, good right and lawful authority to dispose of the said land and all interests thereto appertaining in the manner as aforesaid, and I do hereby for myself, my heirs, administrators, executors and assigns, covenant and agree to warrant and defend the said lands and leasehold interests thereunto appertaining unto the said Isthmian Canal Commission, their successors, administrators and assigns, against the lawful claims and demands of all persons whatsoever. In witness whereof, I, Jose Gabriel Duque, have hereunto set my hand and seal this 15th day of September, 1908. (Signed) J. GABRIEL DUQUE. Personally appeared before me, the undersigned, Mr. Jose Gabriel Duque. whose name is subscribed to the foregoing instrument in writing and acknowledged the same to be his voluntary act and deed; and I certify that the said instrument in writing was read and fully explained to the said Jose Gabriel Duque at the time of acknowledgement. In testimony whereof, I have hereunto set my hand and affixed my official seal this 15th day of September, 1908. (Signed) WALTER EMERY, Clerk of Circuit Court for the 1st Judicial Circuit, C. Z. Filed for record, Sept. 15, at 3:16. INSTRUMENT No. 16 DEED OF SALE CRISTOBAL, C. Z., September 17, 1907. This is to certify that I, Manuela Pimienta, have this day sold to the Panama Railroad Company, or at the Rail Road Company's election, to the Isthmian Canal Commission, my house, No. 74, in the village on the Correoso Island at Gatun, Canal Zone (on the left bank of the Chagres River) for the sum of One Hundred and Forty Dollars (140.00) U.S. Gold; also the lot on which said house stands, which lot measures 30 meters by 8 meters, or a total of 240 square meters. for the sum of Six Hundred Dollars ($600.00) U.S. Gold (which is the equivalent of the price, vis: $960 Colombian Silver, for which I purchased said lot from Gen. B. Correoso on May 19, 1891, at the rate of exchange (60% premium) ruling at that time) and also, that I have received these amounts, or say a total of Seven Hundred and Forty Dollars ($740.00) U.S. Gold, this day from the Cashier of the Panama Railroad Company and I hereby agree to deliver up possession of said house and lot to the Panama Rail Road Company for the Isthmian Canal Commission, from today. I hereby waiving all further claims in connection with said house and lot. This is also to certify that I have this day delivered to the Panama Railroad Company my title deed from Gen. Correoso of May 19, 1891, for the purchase of said lot from him, jointly by myself and my husband, Jose Mulet, who died over 14 years ago, leaving me in full possession of the lot, the house on which I had acquired on March 12. 1888, by purchase, for the sum of Two Hundred Dollars ($200.00) Colombian Currency, from said Jose Mulet, the title deed for which I have today surrendered to the Panama Rail Road Company. |