Page:United States Statutes at Large Volume 76A.djvu/772

–676– -676(d) A protest shall be heard by the judge within 20 days after it is tiled, and upon the hearing the judge shall, in addition to any other evidence, hear medical testimony by the medical examiner, or examiners, and testimony by the health director or by a physician authorized to practice meaicine in the Canal Zone and aesignated as a representative of the health director. The medical testimony shall be addressed solely to the determination of whether the applicant is suffering from syphilis infection in a communicable stage or in a stage likely to become communicable. Evidence of a laboratory examination is not admissible unless the examination was made in a laboratory approved by the health director for the purpose of making serological tests. A written report of an approved laboratory, attested by the physician in charge and identifying the applicant, is prima facie evidence of the result of the laboratory test made concerning the applicant. § 37. Health director to advise judge In order that the district court may arrive at just decisions pursuant to sections 34 and 36 of this title, the health director of the Canal Zone Government, after hearing the evidence, shall, by himself or by a physician authorized to practice medicine in the Canal Zone and especially skilled in the diagnosis of pregnancy or in the diagnosis, prevention and treatment of syphilis, advise the judge in writing as to the existence of pregnancy or of syphilis in communicable stage or a stage likely to become communicable. The advice shall be considered by the court and made a part of the record. § 38. Appeal from order Either the health director of the Canal Zone Government or the applicant may appeal to the United States Court of Appeals for the Fifth Circuit from a final order issued by the district court pursuant to section 34 or 36 of this title, within 60 days from the date of the entry of the order, in the same manner as that provided for appeals in civil actions. CHAPTER 3—VOID AND VOIDABLE MARRIAGES; ANNULMENT Sec. 71. Void marriages. 72. Voidable marriages. 73. Annulment of marriage celebrated elsewhere. 74. Jurisdiction of annulment actions; parties. 75. Legitimacy of children of void or annulled marriages; custody and support. 76. Effect of Judgment of nullity.

§ 71. Void marriages (a) A marriage celebrated in the Canal Zone after December 29, 1926, is void, without being so decreed, if: (1) it is between persons related by consanguinity within the fourth degree, determined pursuant to sections 572-574 of Title 7; (2J either party thereto has been previously married and the previous marriage has not been temunated by death, annulment or a final decree of divorce j or (3) either party thereto is not present in person at the celebration of the marriage. (b) In addition, a void marriage may be declared by judicial decree, or be shown in any collateral proceeding, to have been void from the time of its celebration.

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