Page:United States Statutes at Large Volume 34 Part 1.djvu/845

 FIFTY-NINTH couonnss. sm. 1. on. 393-1. 1906. 815 from any final judgment of the consular courts of the United States in Korea so long as the rights of extraterritoriality shall obtain in favor. of the Unite States. The said United States court for China shall S°‘“°"‘°“‘°‘°“"‘°* have and exercise supervisory control over the discharge by consuls _ and vice-consuls of the duties prescribed by the laws of the United States relating to the estates of decedents in China. Within sixty days I¤v¢¤¢¤rvafter the deat in China of any citizen of the United States, or any citizen of any territory belonging to the United States, the consul or viceconsul whose duty it becomes to take possession of the effects of such deceased person under the laws of the United States shall iile with the clerk of said court a sworn inventory of such effects, and shall as addi- - tional effects come from time to time into his possession immediately file a supplemental inventory or inventories of the same. He shall also ¤¤¤~>·*¤l¤ vi demfile with the clerk of said court within said sixty days a schedule under oath of the debts of said decedent, so far as known, and a schedule or statement of all additional debts thereafter discovered. Such consul or e,f•Ym¤¤* 0* ¢¤¤¤¤ vice-consul shall pay no claims against the estate without the written approval of the judge of said court, nor shall he make sale of an of the assets of said estate without first reporting the same to said judge and obtaining a written aplproval of said sale, and he shall likewise within ten days after aniy suc sale report the fact of such sale to said court, and the amount erived therefrom. The said judge shall have power Reports. to require at any time’reports from consuls or vice-consuls in respect of all their acts and doings relating to the estate of any such deceased person. The said court shall have power to require where it may be spasm ima. necessary a special bond for the faithful performance of his duty to be given by any consul onvice-consul into whose possession the estate of any such deceased citizen shall have come insueh amount and with such sureties as may be deemed necessary, and for failure to give such bond when require, or for failure to properly perform his duties in the premises, the court may appoint some other person to take charge of said estate, such person having lirst given bond as aforesaid. A record shall be kept by the clerk of said court of all proceedings in respect of any such estate under the provisions hereof. Sec. 3. That ap eals shall lie from all final judgments or decrees of wg{_>,P($;',;p;g,s¢}1tg1¤{*,E said court to the Illnited States circuit court of appeals of the ninth umu1e. ' judicial circuit, and thence appeals and writs of error may be taken S¤P¤¤¤•¢ CW"- from the judgments or decrees of the said circuit court of appeals to the Supreme Court of the United States in the same class o cases as those in which appeals and writs of error are permitted to judgments of said court of appeals in cases coming from district and circuit courts of the United States. Said appeals or writs of error shall be regulated P¤¤‘¤¤¤¤>- bv the procedure governing appeals within the United States from the district courts to the circuit courts of appeal, and from the circuit courts of appeal to the Supreme Court of the United States, respectivelv. so far as the same shall be applicable; and said courts are hereby empowered to hear and determine 8.pp€3lS and Writs of error so taken. _ _ _ Sim. 4. The jurisdiction of Said United States court, both original _,;l(§Qj,‘j;$Q;’§c'§`f,§:_" and on appeal, in civil and criminal matters, and also the jurisdiction of the consular courts in China, shall in all cases be exercised in conformitv with said treaties and the laws of the United States now in force fn reference to the American consular courts in China, and all judgments and decisions of Isaid consular courts, and all decisions, judgments, and decrees of said United States court, shall be enforced in accordance with said treaties and laws. But in all such cases when such laws are deficient in the provisions necessary to give jurisdiction or to furnish suitable remedies, the common law and the law as established by the decisions of the courts of the United States shall be applied by said court in its decisions and shall govern the same subject to the terms of any treaties between the United States and China.