Art. XXVI.

Powers of Consuls.

Nature and extentofjurisdiction.

Associates.

Capital offenses.

conform to them. Should he find defects in any part of the existing system, he will call the attention of the Diplomatic Representative of the United States to them. The power of directing a change is vested in that officer by law.

LIMITATION OF CONSULAR JURISDICTION.

433.. The power of commencing original civil and criminal proceedings is vested in Consular Officers exclusively, except that capital cases for murder or insurrection against the Government of either of the countries named in the statute by citizens of the United States, or offenses against the public peace amounting to felony under the laws of the United States, may be tried before the Minister of the United States in the country where the offense is committed, if allowed jurisdiction; and except also that original jurisdiction is vested in said Ministers, respectively, in cases where a Consular Officer shall happen to be interested either as party or witness.

434..They can also, sitting alone, determine all criminal cases where the fine imposed does not exceed five hundred dollars, or the term of imprisonment does not exceed ninety days; and may impose fines to the extent of fifty dollars, or imprisonment not exceeding twenty-four hours, for contempt committed in the presence of the court, or for failure to obey a summons.

435.. They may also, when of opinion that legal questions may arise in which assistance may be useful, or that a severer punishment is required, summon associates, not more than four in number, taken by lot from a list to be previously approved by the Minister, to sit with them on the trial, each of whom is to enter upon the record his judgment and opinion, and to sign the same; but the Consul himself gives the judgment in the case, whether it accords with that of his associates or not.

436..In trials for capital offenses, there must be four associates, who must all agree with the Consul in order to convict, and the opinion must be approved by the Minister before there can be a conviction.

Art. XXVI. Exclusive juris

437..They have exclusive jurisdiction in civil proceedings where the damage demanded does not exceed diction. five hundred dollars.

If amount ex

438..When the amount demanded exceeds five hun- ceeds $500. dred dollars, or when the Consul thinks the case involves legal perplexities, and that assistance will be useful, he may summon to his aid not less than two nor more than three associates, to be selected from a list of persons nominated by the Consul for the purposes of the act to the Minister, and approved by him. They shall hear the case with him. The Consul, however, is to give the judgment. If they agree with him, the judgment is final. If they or any of them disagree, the opinions of all are to be noted on the record and subscribed by them, and the judgment of the Consul is then subject to appeal.

inate residents as

439..One of the first duties of a Consular Officer Consul to nomafter arrival at his post will be to make himself ac- associates. quainted with the leading resident citizens of the United States, in order that he may nominate for the approval of the Minister a list of individuals for the purposes of the statute.

440..This list should be full, so as to embrace every interest in the little community.

441.. It should be composed exclusively of citizens of the United States, of good repute, residing at the port.

442..It should be immediately sent to the Minister for approval, and when a new accredited Minister arrives in the country it should be sent to him for revision.

443..From time to time new-comers should be added to it, and persons found incompetent stricken from t.

444.. No person should act as associate on a trial who has an interest direct or contingent in the result of the suit.

List to be full.

To be of United States citizens.

Minister's proval required.

New names be added.

ap

to

Associates to be disinterested.

APPEALS.

445.. An appeal may be taken in criminal cases from a decision of a Consul acting alone where the fine

Appeals in criminal cases.

Art. XXVI.

In case of disagreement.

In civil causes.

To Minister and circuit court.

Regulations.

Marshals.

Consul may ap

exceeds one hundred dollars, or the time of imprisonment for a misdemeanor exceeds ninety days.

446..If associates sit with the Consul in criminal proceedings, (except capital,) an appeal can be taken to the Minister only in case of disagreement between him and one of his associates.

447..In civil proceedings, in cases arising before the 1st day of July, 1870, an appeal can only be taken to the Minister from cases in which associates sit with the Consul, and in which there is not an agreement of opinion.

448.. In cases arising after the 1st day of July, 1870, an appeal may be taken to the Minister from final judgment in the Consular Courts of China and Japan, where the matter in dispute exceeds five hundred dollars, but does not exceed two thousand five hundred dollars, exclusive of costs; and where the matter exceeds two thousand five hundred dollars, exclusive of costs, the appeal may be taken to the circuit court for the district of California.

449..There are also regulations for appeals from the judgments of Ministers to the circuit court of California.

450..The judicial acts of the Consular Officers may therefore be subjected to severe scrutiny in appellate

courts.

MARSHALS, JAILS, ETC.

451. Provisions are made by law for the appointment of Marshals to Consular Courts to execute all process issued by the courts. They are to give bonds for the faithful performance of their duties, (Form 136,) and to make quarterly returns to the Secretary of State, showing the nature of each case determined in the Consular Court, the proceedings in connection therewith, and the disposition of the fines and fees. (Form 137.) They will also at the same time transmit to the Fifth Auditor for adjustment their accounts for compensation.

452.. Should there be no such officer, the Consular Officer provided by law may appoint one for the time

being, under his hand and seal of office, reporting his action to the Department.

Art. XXVI.

Prisons in China and Japan.

453..The Consul-General at Shanghai and the Consul-General at Kanagawa are to provide suitable buildings to be used as prisons for American convicts in China and Japan, respectively. 454..Consuls at other Chinese and Japanese ports Constables and will be allowed a reasonable sum for the hire of constables and care of oftenders.

CONSULAR COURTS IN BORNEO.

care of offenders.

455..Should a Consul be appointed in Borneo, the Courts in Borneo judicial powers conferred by the ninth article of the treaty of June 23, 1850, will be exercised as far as possible in conformity with the provisions of the statute.

MIXED COURTS.

Tripoli.

456..In Tunis, Morocco, and Tripoli, citizens of the Tunis, Morocco, United States committing murder or homicide upon a subject of those powers are to be tried by a mixed court, at which the Consul is to "assist."

457..The undisputed portion of the fourth article of Ottoman Porte. the treaty of 1830 with the Ottoman Porte provides for he supervision of the American dragoman in the hearing of all litigations and disputes arising between the subjects of the Sublime Porte and citizens of the United States.

458..It is not in dispute that the usages observed toward other Franks are to be observed toward citizens of the United States. These usages are believed to be the following:

1. Turkish tribunals for questions between subjects of the Porte and foreign Christians.

2. Consular Courts for the business of each nation of foreign Christians.

3. Trial of questions between foreign Christians of different nations in the Consular Court of the defendant's nation.

4. Mixed tribunals of Turkish magistrates and foreign Christians, at length substituted in part for cases between Turks and foreign Christians.

Usages to be observed.

China, treaty of

5. Finally, for causes between foreign Christians, the substitution at length of mixed tribunals in place of the separate courts-this arrangement introduced at first by the legations of Austria, Great Britain, France, and Russia, and then tacitly acceded to by the legations of other foreign Christians.

459.. Whatever favorable usage may be observed toward subjects of Great Britain, France, Austria, Italy, Russia, Germany, or of any other great power, must be claimed and insisted upon in favor of citizens of the United States; for by the first article of the treaty of February 25, 1862, between the United States and the Ottoman Empire, it is agreed that all rights, privileges, and immunities granted to the subjects of any other foreign power shall be equally granted to and enjoyed by the citizens of the United States.

460..The revised treaty with China of 1858 also provides that if controversies arise between citizens of the United States and subjects of China which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity by the public officers of the two nations, acting in conjunction.

ARTICLE XXVII.

Treasury Regulations.

461..The instructions in this article have been carefully revised by the Treasury Department, and have the sanction of the Secretary of the Treasury. Consular Officers will take particular note of the forms in which several important changes have been made.

1. AUTHENTICATION OF INVOICES OF IMPORTATIONS INTO THE UNITED STATES.

462.. All invoices of importations from countries in which there are such officers* must, before the ship

*In countries without a United States Consular Officer, the authentication is made, 1st, by a Consul of a country in amity with the United States, who resides there; or, 2d, if there be no such Consul, then by two respectable resident merchants.