Page:United States Statutes at Large Volume 44 Part 1.djvu/670

 § 194 ”TITL`E' 22.-;--FOREIGN Rsnszz prescribed by the laws of the United States relating to the · estates of decedents in China. Within sixty days after the 4 death in Chino of any citizen of the United >Stilt€S,·.01‘ any 4 citizen of any terrltory—bel0x1ging to the United States, the : consul or vice consul whose duty it becomes to take possession of the effects of such deceased person tmder the lgv$s of the United States shall tile with the 'clerk of said court A sworn inventory of such effects, and shall as additional edects coine from time to time into his possession immediately me a supplemental inventory or inventories of the same. He shall also me with the clerk of said court within said sixty days ii schedule under oath of the debts of said decedent, so far as known, and s schedule or statement or all additional debts thereafter dis- 4 covered; Such consul or vice consul shall pay 110 clainisagainst the estate without the written approval of the dudge of said ‘ court, nor shall he make sale of any of the assets of said estate without drst reporting the same to said judgetmdo obtaining j M o. written approval of said sale, and he shall likewise within tex: days after any such sale report the fact of such sa1c1t0 said 4 Ci}¥.11‘f,V&Hd~ the amount; derived therefrom. The said judge + shall have p0wer`t0srequire at any time-reports from ccnsuls , 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 necessary zi. special bond 4 for the faithful performance ofahis duty to be given _‘ by ··ai1y 4 consul or vice consul into whose possession the estate of any such deceased citizen shall here come ig such amount and _ with such sureties as may be deemed iiecessaryy and for failure to give such bond wlieu required, or ‘fotT`T‘fa1ildre to properly 4 perform his duties in the premises, the court may appoint some 4 other person to take charge of said estate, sich person listing Srst gives, bond as aforesaid. A record shall be kept by the clerk of said court of- all proceedings in respect of any such ~ oststeoooer the provisions hereof. (J uno 30, 1906,12. 3934, § 2,‘ .4 34 Stst; 814,)· - 5 5 .- ‘  { 4_ 4 IS4. Appeals sod writs of error for review of judgments, 4 ~ etc., of court.~—Ap;>et1ls shall lie from all final judgments or 4 decrem of the United States Court for··(Jhiua to the United v States Circuit Court of Appeals of"t.l1e Ninth Judicial Circuit, j sod thence isppealssod writs of error rosy lie, taken from the T judgments or decrees of the said circuit court of appeals to  ~ the Supreme Court oi the United States in the same class of . cssos {ss those io which appeals and writs of error are per- i witted to judgments of said court of sppealsein cases coming L from district courts of the United States. Sold sppeslsor writs I of error shell be regulated by the procedure governing appeal · within the ignited States from the district courts to the clrcixit 1 coiirts oi sppesi, sod from the circuit? courts of appeal to the Supreme Court of the United States, respectively, so for as the some small be spolicswble; sud said courts are hereby empowered '4 to licsr sod determine appeals and writs of M error so taken. ; (Jose 3443, 1906, c, 3934, 5*3, 34_Stst. 815.) _ ‘ 4 195, Low applicable to dcterminatiop of ¢3$€S.··—···Jl;11’iSdlC~· I tion of the United States Geert for Claim, both origiualsaod uni sppesl, is civil sod ~crimiusl matters, sod slso thezjurisdictlou of the coosulsr courts io China, shell lo sll csses be exercised ‘ is t·o:1for1oity’o*itli the treaties ,sod tlie laws of the Unitedf to States sow is force in reference to the Amerlcén ~c<msulsr_ ‘ courts io Cities, sod ell judgments sod decisions io! said com 4 solar comts, and all decisions, judgments, sod decrees of said : United stoics coun, shell be enforced in accordance with sold. 1 treaties sod lows. But is all such cssm wines such laws sro 4 dedcient is the provisions necessary to give jsrimictioo or to : furnish suitable remedies, the common law sod the law as 1 established by the declsioiis of the courts ot the 4 United States 4 shell be applied by said court lo its decisio;m and shall govern 4 the some subject to the terms of soy treaties between the United States and (Shins, (June 30, t ic  c. 3934, { 4, 34 Stat. V a S15.) A 4 » 1

’IONS AND INTERCOU‘RSE 656 196. Procedure generally; exclaehm of associate aids.-—T‘n€ procedure ot the United States Court for China shall be in ac~ cordance, so far as practicable, with the procedure prescribed for consular courts in China in accordance with chapter 2 of this title: Provided, however, That thejudge of the said United States Court for China shall hate authority from time ' to time to modify and supplement said rules of procedure. The prorisions of sections 152 and 153 of chapter 2 of this title allowing cousuls in certain eases to summon associates shall here no application to said court. (June 30, 1906, c. 393$1, § 5, 34 Stat. 816.) ` 197. Ollicers of- court; appointment and salaries.——Thoro shall be a district attorney, a marshal, and a clerk of the United States Court for China, with authority, possessed by the corresponding officers of the district courts in the United States as far as maytbe consistent with the conditions of the laws of the United States and the treaties between the United States and China, The judge of said court and the `dietrlet attorney, who shall be lawyers of good standing and experieace, marshal, and clerk shall be appointed by the President, by and with the advice and consent of the Senate, and shall receitje as salary, respectively, the sums of $8,000 per annum for said judge, $4,000 per annum for said district attorney, $3.000 perauixum for said marshal, and $3,000 per armma for saidclerk. (June 30, 1906, ci 3934, § 6, 34, Stat. 816.) ` 198. Commissioner for eourt; appointment; powers and compensation; district of Sha¤ghai.·$-—The judge of the United States Court for China is authorizedto appoint, as ia the district courts of the United States aadwith aianilarpowera and tenure of office, :1 United States commissioner who ahall be an attorney regularly admitted to practice before the said United Sta‘tes~Court for China and who, when appointed, shall be an attorney regularly admitted to practice before the said , district of Sl1anghai,,with‘ all of the authority and jurisdiction { exercised by tnevtiee consul, acting in purauaute of section 1-14 of chapter 2 of this title, which ~authority";`aad jurisdiction are whereby transferred: Provided, That at the discretion of * tnejjuuge of said court, he may appoint the clerk of the court to ' perform the duties of. commissioner without additioaal cora—· pensation therefor; In the event that it is not practicable or. desirable so to appoint" the clerk to act as coxarataeteaer, the judge may, with {approval of the Secretary of State, appoint some qualiued attorney to act as commissioner who shall, if not an officer ot the courg receive auclr compensation aa may fixed by the Secretary of State" riot exceeding $5 for each day of Service actually rendered, (Juae 4, 1920, e. 22}, 41i Stat. 746.) · .»   199. Tenure of 05ce of judge; removal of other oéeers by President.—·——~The tenure of omce of the judge. of the Ualtcal States Court for China ehall be ten years, ualeaa aoouer removed lfy the President for cause ; Q the tenure of oillee of the other omelals of the_Qom·t shall be at the pleasure ot the President. `(Juue 30, 1906, c. 3934, § 7, 34, Stat. 815.), 200. Bond of marshal and clerk; éepatiea; bond and com·· peaaatioxr of deputiea.~—·-The marshal - and the clerk of the United States Court for Chiaa shall be required to furnish bond for the faithful performance of their duties, ih eums and with auretiea to he axes! and approved hy the judge of the court. They shall each appoint, with the written approval of said judge, deputies at Caatoa aaa ileuteia, who ahall also be required to furnish homie for the faithful perforazaaee ot their duties, which boada ahall he subject, heath as to form and sualeiezaey of the auretlea, to the approval of the aaid judge. Such deputies shall reeeire compensation at the rate of .55 for each day the aeaalona of the court are H held ,_at_.. keapeetlve cities. (Juae @0, 1906, le. { 3, 34 Stat. 816.) ‘ _ _ · 2*91. Expwaes of jadge aud of  uttamty ia attendgace ala sessions in other eitiw than Shaughai.·-·—#-The judge or the United States Court tor, China aad » the diatriet attorney