UNITED STATES CONSULAR REGULATIONS.

229

66.-After conviction.-After conviction and appeal the prisoner may be admitted to bail only by the Minister.

67.-American bail.-Any citizen of the United States offering himself as bail, shall sign and swear, before the Consul, to a schedule of unincumbered property of a value at least double the amount of the required bail.

68.-Foreign bail.-Any other proposed bail or security shall sign and swear before the Consul, to a similar schedule of unincumbered personal property within the local jurisdiction of the Consulate, or he may be required to deposit the amount in money or valuables with the Consul.

69.-Two Sureties.-Unless such sufficient citizen becomes bail, or such deposit is made, at least two sureties shall be required.

70.-Surrender.-Any American bail may have leave of the Consul to surrender his principal on payment of all costs and expenses.

71.-Prosecutor may be required to give security.-Any complainant, informant, or prosecutor may be required to give security for all costs of the prosecution, including those of the accused; and every complainant, &c., not a citizen of the United States, shall be so required, unless, in the Consul's opinion, justice will be better promoted otherwise; and when such security is refused the prosecution shall abate.

72.-Honourable acquittal.-When the innocence of the accused, both in law and in intention, is manifest, the Consul shall add to the usual judgment of acquittal, the word "honourable."

73.-Costs. In such case judgment may be given and execution issued sum- marily against any informer, complainant, or prosecutor, for the whole costs of the trial including those of the accused, or for any part of either or both, if the proceeding appears to have been groundless and vexatious, originating in corrupt, malicious, or vindictive motives.

74.-Minor offences.-Consuls will ordinarily encourage the settlement of all prosecutions not of a heinous character by the parties aggrieved or concerned.

XIII.-OATHS:

75.-Oaths shall be administered in some language that the witness understands. 76.-Not Christians.-A witness not a Christian shall be sworn according to his religious belief.

77.—Atheist.—An avowed atheist shall not be sworn, but may affirm, under the pains and penalties of perjury; the credibility of his evidence being for the considera- tion of the Consul.

78.-Affirmation.-A Christian conscientiously scrupulous of an oath, may affirm under the pains and penalties of perjury.

XIV.-DOCKETS, RECORDS, &c.

79.-Civil docket.-Each Consul shall keep a regular docket or calendar of all civil actions and proceedings, entering each case separately, numbering consecutively, to the end of his term of office, with the date of filing, the names of the parties in full, their nationality, the nature of the proceeding, the sum or thing claimed, with minute and dates of all orders, decrees, continuances, appeals, and proceedings, until final judg-

ment.

80.-Criminal.---He shall keep another regular docket for all criminal cases, with sufficient similar meinoranda.

81.-Filing papers. All original papers shall be filed at once and never removed; no person, but an officer of the Consulate or Minister, should be allowed access to them. All

All papers in each case must be kept together in one inclosure, and numbered as in the docket with the parties' names, the nature of the proceeding, the year of filing the petition, and of final judgment, conspicuously marked on the inclosure, and each year's cases kept by themselves in their order.

Share This Page