Page:United States Statutes at Large Volume 44 Part 1.djvu/666

 § 143 TITLE 22.+-FOREIGN RELA law, committed lu such countries, respectively, and to sentence such offenders in the ,manner ln this chapter authorized; and each of them is authorized to issue all such processes as are suitable and necessary to carry this authority into execution. (R. S. 5 4084.) ‘ ‘ e · ` 143. General jurisdiction in civil, cases; venue.-—Such oillcers are also invested with all the judicial authority pecessm to execute the provisions of such treaties, respectively, in regard to civil rights, whether of property or person; and they shall entertain jurisdiction in matters of contract; at the port where, or nearest to which, the contract was made, or at the port°at which, or nearest to which, it was·to be executed, and in all other matters, at the port where, or nearest to which; the cause of controversy arose, or atthe port where, or nearest to which, the damage complained of was sustained, provided such port be one of the ports atwhich the- United States are represented by consuls. Such jurisdiction shall embrace all controversies between citizens of the United States, or others, provided for by such treaties, respectively. (R. S. $40851) 144. Vice consul at Shahghai to exercise judicial functions of consul general.--'1`he judicial authority and jurisdiction in civil and criminal cases vested in and reserved to the consul general of the United States at Shanghai,. China, under section 192 of chapter 3 of this title, shall be vested in and exercised by a vice consul of the United States at Shanghai, China; " (Mar. 2, 1909, c. 235, 35 Stat. 679; Mar. 4, 1915, c..1¢l5, 38-Stat, 1122.), 145. System of lawsi to be applied.-?—Jurisdiction in both criminal and civil matters shall, in all cases, `be exercised and enforced in conformity with the laws of the United States, which are hereby, so far as lsinecessary to execute such treaties, rwpectlvely, and so far`as they are suitable to carry the same ‘ into edema, extended over all· citizens of the United States ln those countries, and over iall others `to the extent that the terms of the tram, respectively, `justlfy or require, But in all cases where such laws are not adapted to the object, or are deilclent in the provisions n%sary to furnish suitable remedies, the commonlaw and the law of equity and 8d1lllfRlCj",Bh&l1'·'bQ ex- tended ln like manner over such citizens sind others in those countries; and if neitmr  common law, nor the law otequlty or admiralty, nor the natutes of the United States, furnish appropriate and sumcimt remedies, the ministers ‘ in those coun; tw rwpectively, shall, by decrees and resulations whichshall have the force of law. supply such defects and denclencless '(R.S.§•l&.)    ‘. \ _ ,_ 2 148. Rules  regulations for consular court generally.-- . In order to organize and carry into edect the synem of jurisprudence demanded by such treaties, respectively, the ministers, with tm advice of the several consuls in each respwtlvely, or ot so many of them as can be conveniently assembled, shall ’&rlbe the forms of all. to be l by any of the cousins; the   of erecnung and the time of returuim the same;  ln which trials shall be conducted and how the    shall be kept; theformofoaths!orGhrlu‘ianvl ,andthemodcot examining all other wit : theicosts tabs allowed to the Dwvalllng party, and the tm to be paid for judicial services: the manner in which all o¤cer•  umu to execute preceq, andtocarrythis@¤1>terintoc¤!é§!t.wallhea;>pointwand comen¤ted;thetorm“o!hallboads,andth;e¤curitywhich shall berequlredo£thenartywhos%lstrmtho;decisiono! acorvml; and shall make all such further  and from  totlmor     ot this chapter, asthe  may demnm. (B. Bf { 4117.). " 1 _ _ .147.  of   to     d rules,  suchrqulauouadccwaudordcrsnhahbcvidubdnwuir in writihs. wd   is in the   section provided, Iorlhe advice of the cmsuls, or as many ot them as can he consulted without   delay or tnconvcnlme,   such . l_· ,.

mozvs AND zzvcrmwovzasza 652 ¤ consul shall signify his assent or dissent in writing, with his 1 name subscribed thereto. After taking such advice, and con- » sidering the same, the minister in each of those countries may, . nevertheless, by causing the decree, order, or regulation to be Y published with his signature thereto, and the opinions of his · advisers inscribed thereon, make it binding and obligatory, L from the publication or any subsequent day thereto named in · —the‘act.· (R. S. 5 4118.) ~_,. S » such regulations, orders, and decrees shall, as Specdilyias may L be after publication, be transmitted by_ the ministers, with tho 2 opinions of their advisers, as drawn up by,them severally, to .(R.S.§4119.) » ” _ » i 149Q Warrant, arrest, trial, and sentence Tay consul gen- , . erally.-——Each of the consulshnentioned in section 141, of this , chapter, at the port for which he is appointedhis authorized ` upon facts within his lown knowledge, or which he has good . reason to believe true, or upon complaintrnade or‘ information tiled in writing and authenticated in such way as shall luprescribed by the minister, to issue his warrant for the arrest ‘ of any citizen of the United States charged with committing in i' the country an offense against law; and to arraign and try any such offender; and to sentence him to punishment- in the y manner prescribed in this chap.:r-/(R,‘ S. $.4081.) _ ` 150. Jurisdiction of consul riminal cases when sitting J alone ;· when decision iinal.——·Any consul, when sitting alone for the trial of okenses or at misdemeanors, shall dedde dually all ' cases where the ace imposed doeshot exceed $100, or the rem of imprisonment does not exceeed sixty; days (R. S. { 4105.)“ 151. Jurisdiction of consul in. sitting alone; when appeal. to niniater liu.—Apy_ conml yhen sitting alone may`alm`doclde,all  which thence imposed _ does not exceed $500, or tue term of impri nt_does—`aot excecdninet¥d4¥¤$butlnallsuchcaaes,itthed;;eex¢ee¢ls $100,\ or_ the term of imprisonment for  exceeds sixty days, the defendants or any of thm, lf there be more than one, maytaho  hl apical; before the   if a allowed jurisdiction, `dther upon   of law or   of [ tact, under such rules as may he Kll’Q¢l’lb¢d`bJ' the .mMater for thesprosecution ot  in     .(B. S. S 40®.)` 152.,Callh g as aaaociateain    to éaniniater on <Hgagre•1aeat.—Whcacver._,i¤     the ma sul la of opialoh that, by reason not the lml goestionsf which mafarlse therein, will be   him; or inwovir he is ofoplnloa that lmao-   those specified in the  be   he shall Ysummon, to sit with him,o¤.·tEe trial, oneor  clti®»of the United States, not exceeding four, and in capital  not less than four, who shall he taken by- lot from a list which . had previously  submitted to and   by the minister, and shall be    remte and   the duty.. Emry such anoclate shall enter upon me  his Judgment and  and shall han the um; but the consul sive J¤d t in the case. amo- ~dates  ln opinion, the decision shall, in allvcam cxwpt ` ot capital odmaes and except aa provided ln·tho,preoedlngJ action, be·hnal.\It.•py of tm  dmer in opinion, from the l,thocaso, withoutf¤rthetrproccedlm,to¢ether ·withtheevldenceandopinlons,•haHhere!m·redhothemlniatcr forfhla. »,»¤c ~ tion, eltherby wterlng up j¤d@t t@T¢i¤• orb! to tm consul with  how to ` 158. J V c   of   ia civil casa; |aa&y: aan- mall have at the  for which he la appointed, jurisdiction ° . . . P
 * until annulled or moditied by Congress; and it shall take effect
 * ‘ 148. Transmission" of rules, etc., to Secretary of S-tate.——All
 * the Secretary of State, to be laid before Congrws for revision.