Page:United States Statutes at Large Volume 44 Part 1.djvu/668

 _,/. § 167 TITLE 22.·-—,FORE£GN ,REL,s government of either of the countries hereinbefore mentioned in this chapter, by citizens of the United States, or for omanses against the public peace amounting to felony under the laws of the United States, may be tried before the iuinister of the United States in tho country where `the offense is committed it allotved jm‘isdi<'tion. (R. S. § 4090.) ~ : V - 167. Prevention of American citizens from enlisting with foreign countries.—Each such minister mentloued`in the p_reg ceding section may issue all manner of write, to prevent the citisceais of the‘United Sttlfég flrom enlisting in the military or naval service ot either of the countries mentioned in section 141 of this chapter, to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against any othef portion of the same people; and he may carry out this power by a resort itc snob force belonging to the United States as may at the time be within this rezuh. (R. S. `§_ 4090.), [ Ut j 168. Marshals of consulag courts; appointinentand salary.-- The President is authorized tonppoint mnrslmls_for such of the consular courts as hemny thinkproper, not t0_o‘xceed two in cuumbor, namely: One in Siam and one in Turkey, each of whom shall receive a salary of $1,000 asyenr. in addition to the fees allowed by tHe regulations of the ministers, respectively, in those countries: Provided, That no salary shall be allowed the marshal at the consulate inf Siam. \( R. S. §§ 1693, -1111.). 1 169. Execution and return of process by"marshal;—It shall be the duty of the marshals, respectively, to execute all process issued by the minister of the United States in those countries, respectively, or by the consul atthe port at which they. reside, and to make due return thoreofto the ofiicer by whom .it was issued, and to conform in all respects to the regulations prescribed by the ministers, respectively, in regaid to_ their duties. (R. S. § 4112.) _ ~ ' ’ ‘ ‘ 179. Boind of· marshal.--Each marshal, before entering upon the duties of his office, shall. give bond for the faithful performance thereof in a penal sum not 'to exceed $10,000, with two sureties to be approved by the Secretary of·‘State. Such bond shall be transmitted to the Sectqtary of the Treasury, and a certified Ycopy thereof belodged in the odlce of the minister. ‘(R. S. S 4113.) ’ " .`. 171. Suit on bond ofmarshal.—»Wl3enever any person dosires to bring suit upon the bond of any snob xnatshal, it shall be the duty of the Secretary ot the Treasury, or of the minister having custody. of a copy of the setne, to give to the person so applying a certified copy thereof, upon which suit, may be brought and prosecuted, with the same effect as could be done upon the orignaiz Provided, The · Secretary of the Treasury, or the minister to ‘ whom the application is made, la aatisded that there is probable cause of action against the marshal. (B. S. { 4114.) ·, K 172. Neoessity for nodsctioa oforiglnal b@.—4Up0n`_a plea ot non est tnctu&, verided noon oath, or any other good cause shown, the court or the consul or` minixer trying the cause may require the original bond of the marshal to be prodnoed; and it shall he the duty ot the Secretary ot the Treasury to forward, the original bond to the court, or consul, or minister requiriagthe same. (R. 8. »§ 4115.) ‘ · , 173. Service of  etc., ii suit on   at marshal.--- 'All rules, 0!'d€fS,-"WI’§l3., and procew of every kind which are intended to operate or be enforced against any of the marshelshin any ot the countries  in. nmtion 141 ot this Jcliapter, shall be I directed to and executed by such persons as may be appointed for that purpom by-the mlnlster or consul issuing the same; (Ra S, 5 4116.) o   ’ · 174. Ex          Qof prisons in foreign eoantriea,-Tl1o Brest- M dent, when provision tis not_otherwlse,;:a:1de, is authorised to allow, in the adjustment of the. accounts of each of the ministers or consuls, the actual expensm of the rent of suitable

l.TlON»S AND l_NTER.COU»¤B 654 buildings or parts of buildings to be used as prisons foxkztncrican convicts in thecountrles mentioned in section 141 f this chapter, not to exceed in any case the rate of $600 a year; and alao the wages of the kcepera of the same,_and for the o `care of olfondors, not to exceed, in any case, the sum of $800: per"am1um. But no more than four prisons shall be hired Tin China, one in Turkey, and one in Siam, at such port or ports as theminister, with the sanction of the President, may designate, and the entire expense of prison and prison keepers at the consulate of Bangkok, in Siamrcnllall not exceed the sum, of $1,000 a year. ‘ ~ . ‘ The President is authorized to allow, in the adjustment ot j the accounts of the = consul general at Shanghai, the actuzll expense of the rent of a suitable building, to housed as a prison for American convicts in China, not to exceed $1,500 a year; andalso the wages of the keepers of the same, and for tho care of offenders, not to exceed $5,000 a year; and to allow, in jtllo adjustrgéut of tho·acconnts of the consnla-at other ports in China, the actual 'cxpcnsé of the hire ot. constables and the cafe of `ommders, not toerceed lu all $5,®0 a year. (R, Sa §§ 41.21, 4122.). Y l _ · 175. `Allowancc ’ for keeping and feeding priao·ncrs;——No‘ more than 50 cents per day for the keeping and feeding of, each prisoner while actually counnod shall be allowed or paid 'for any such keeping and feeding. This is not to be understood uncovering cost of medical attendance and medicines when required by such prisoners; (Mar. 2, 1901, c. 802, 31 Stat. 893. p . ~176. Secretary of State to exercise  duties when no ·minister.—·—If at am'- time there be no mlnlsterln either of tho countries menntlo`ned¤in section 141 of this. chapter, the judicial dutlgs :WhiCh are imposed by this chapter upon the minister shall devolvc upon the Secretary ot State, who la authorized and required- to discharge, the aarne., (R; S. 5 41%.) _ ..177. General catension of chapter to unnamed oomtriesr-· _Tbe‘ provisions or this chapter relating to the jurisdiction of consular- and diplomatic o$cers over clvll. and criminal cases t in the countries mentioned fin section 141`ot this chapter, shall extendto any country of like character with which the United States may. after July 1, 1870,, eater into trmty rektiona. And wheucrér the United Statm shall negotiate a treaty with any foreign government, in which the American corneal general or coasulshall beclothed with judicial authority, and securing _ the right not trial ·to American citizens residing therén before such consul general or conaul, and containing provisions similar to or like those contained in the trmtlea with the gorvnmnts named ln section 141 of this chapter, ‘ then this chapter, so far as the same may be applicable, shall have fall force inireterwce ' "to said treaty, and shall extend to theconntry of thegoverament nmotiating the same. (R. S. { 4129; June 14, 18‘l8, c. 19*3. zo sm;. 131;) _ r a . ter," when tlsed in this chapter ahill-  understood to-lnacan the person invented with, and exercmnm, the principal diplomatic functions. The word »" consul " &all be understood to mean any ‘ person lnvwted by the United States with, and exercising, the functions. of consul general, consul, or vice u consul. ,(E`eb» 1, .1876, c. 6, 19 Stat. ?.)\. _·179..Rum•i4bility as  @¢era.——-All   otllcors · shall be responsible for their conduct to the United States, and to the laws thereof, not only as diplomatic or consular o§cera, bat as Judicial o@cora, when they pcrtorm judicial dntlea, and shall be (held liable for all nxllgcncea and. mis- ..condact aa pnbllc omcers. (R. S. § 4110.) l t  r . 188. Poser of   in uacirilized countries or countries » nd recognized. by treati¤.——1`he_conauls of the United States at lalands or ln coantrlea not inhabited by any civilized people, or recognized by any treaty wlt.hlthe·United States, are anthor4  to try, hear, and determine all cases ln regard to civil
 * 178; ‘f‘ Minister'? and “conaaIl",de§@—The vnord “,mlnia—-°