Page 506 Page 506
UNITED STATES CONSULAR REGULATIONS.
223
be marked "referred;" a commission shall then issue to the referees, with a copy of alk papers filed in the case.
38. Award and acceptance.—The referees shall report their award to the Consuls, who shall accept the same, and give judgment, and issue execution, thereon, unless satisfied of fraud, perjury, corruption, or gross error in the proceedings.
39. When transmitted to Minister.-In case involving more than five hundred dollars, if his acceptance is withbeld, the Consul shall at once transinit the whole cases with a brief statement of his reasons, and the evidence thercon to the Minister, who shall give judgment on the award, or grant a new trial before the Consul.
IV.—APPEAL.
40. Must be within one day.-Appeals must be claimed before three o'clock in the afternoon of the day after judgment (excluding Sunday); but in civil cases, only upon sufficient security.
41. To be perfected within five days.-Within five days after judgment, the appellant must set forth his reasons by petition filed with the Consul, which shall be transmitted as Boon as may be to the Minister, with a copy of docket entries and of all papers in the case
V.-NEW TRIAL.
42. Because of perjury. On proof of the perjury of any important witness of the prevailing party, upon a material point, affecting the decision of a suit, the Consul who tried it may, within a year after final judgment, grant a new trial on such terms as he may deem just.
43. Generally. Within one year after final judgment in auy suit not involving more than five hundred dollars, the Consul who tried it, or his successor, may, upon suficient security, grant a new trial where justice manifestly requires it; if exceeding five hundred dollars, with the concurrence of the Minister.
VI. HABEAS CORPUS.
44. Slores not to be held.—No Consul shall recognize the claim of any American citizen arising out of a violation of the provision of the Act of Congress approved February 19th, 1862, relating to the “coolie trade" so called, nor any claim which involves the holding any person in slavery.
45. Habeas corpus.-Upon application of any person in writing and under oath, representing that he or any other person is enslaved, unlawfully imprisoned, or deprived of his liberty by any American citizen within the jurisdiction of a Consul, such Consul may issue his writ of Habeas Corpus, directing such citizen to bring said person, if in his custody or under his control, before him, and the question shall be determined summarily, subject to appeal.
VII-DIVORCE.
46. Libels for divorce must be signed and sworn to before the Consul, and on the trial each party may testify.
47. Attachment.-The Consul, for good cause, may order the attachment of libeller's property to such an amount and on such terins as he may think proper.
48. Husband to advance money.—He may also, at this discretion, order the husband to advance his wife, or pay into court, a reasonable sum to enable her to defend the libel, with a reasonable monthly allowance for her support pending the proceedings.
49 Alimony.-Alimony may be awarded or denied the wife on her divorce at his discretion.
50. Custody of the minor children may be decreed to such party as justice and the children's good may require.
51. Release of both.-Divorce releases both parties, and they shall not be re-married to each other.
52. Costs.-Costs are at the discretion of the Consul.
VIII-MARRIAGE.
53. Record and return.-Each Consul shall record all marriages solemnized by him or in his official presence.
Digitized by
Page 506 Page 506