Directory_and_Chronicle_1868 — Page 504

Page 504 Page 504

UNITED STATES CONSULAR REGULATIONS.

221

3. Demand necessary in contract and Replevin.-In contract, the petition must aver that payment or a performance of the conditions of the contract, has been demanded and withheld; and, in replevin, that the articles to be replevied have been demanded.

4. Petitioner must deposit money.-The petitioner shall be required to deposit a reasonable sum to defray the probable expenses of court and defendant's costs; subsequent deposits inay be required if found necessary.

5. Notice to Defendant.-Upon deposit of the money, the Consul shall order notice on the petition, in writing, directing defendant to appear before the court at a given day and hour to fille his written answer on oath.

6. Service Notice must be served on each defendant at least five days before return day, by delivery of an attested copy of the petition and order, and of any accompanying account or paper.

7. Personal service should always be required when practicable.

8. Default.-On proof of due notice, judgment by default shall be procured against · any defendant failing to appear and file his answer as required; but the default may be taken off for good cause within one day after, exclusive of Sunday.

9. Driages. But in actions of wrong, and all other where the damages are in their nature unliquidated and indefinite, so that they cannot be calculated with precision from the statement of the petition, the amount of the judgment shall be ascertained by evidence, notwithstanding the dafault.

10. Answer.—If defendant appears and answers, the Consul, having both parties before him, shall, before proceeding further, encourage a settlement by mutual agreement or by submission of the case to referees agreed on by the parties, a majority of whom shall decide it.

11. Amendments.—Parties should, at the trial, be confined as closely as may be to the averments and denials of the statement and answer, which shall not be altered after filing except by leave granted in open Court.

12. American witnesses compelled to attend.-On applicatton of either party and ad- vance of the fees, the Consul shall compel the attendance of any witness within his jurisdiction before himself, referees, or commissioners.

13. Parties are witnesses.-Each party is entitled, and may be required to testify. 14. Decrees to be obeyed.-Judgment may be given summarily against either party failing to obey any order or decree of the Consul.

15. Attachment and arrest.-For sufficient cause and on sufficent security, the Consul, on filing a petition, may graut a process of attachment of any defendant's property to a sufficient amount, or of arrest of any defendant not a married woman, nor in the service of the United States under commission from the President.

16. Dissolution of attachment-Defendant may at any time have the attachment dissolved by depositing such sum, or giving such security, as the Consul may require.

17. Sale of perishable property.-Perishable property, or such as is liable to serious depreciation under attachment, may, on petition of either party be sold by the Consul's order, and its proceeds deposited in the Consulate.

18. Release of debtor.—Any defendant arrested or imprisoned on civil petition shall be released on tender of a sufficient bond, deposit of a sufficient sum, or assignment of sufficient property.

19.-Debtor's disclosure.-Any person under civil arrest or imprisonment may have his creditor cited before the Consul to hear a disclosure of the prisoner's affairs under oath, and to question thereon; and if the Consul shall be satisfied of its truth and thoroughness, and of the honesty of the debtor's conduct towards the creditor, he shall for ever discharge him from arrest upon that debt; provided that the prisoner shall offer to transfer and secure to his creditor the property disclosed, or sufficient to pay the debt, at the Consul's valuation.

20. Debtor's board.-The creditor must advance to the jailer his fees and payment for his prisoner's board until the ensuing Monday, and afterwards weekly, or the debtor will be discharged from imprisonment and future arrest.

Page 504 Page 504

Digitized by

Google