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224

UNITED STATES CONSULAR REGULATIONS.

may issue, enforcing the same with interest at 12 per cent. a year, against the property and person of the debtor, returnable in thirty days, and renewable.

22.-Seizure and sale of property.-Sufficient property to satisfy the execution of all expenses may be seized and sold at public auction by the officer, after due notice. 23.-Property attached on petition, and not advertised for sale within ten days after final judgment, shall be returned to the defendant.

24.-Final judgment for defendant.—When final judgment is given in favor of the defendant, his person and property are at once freed from imprisonment or attachment, and all security given by him discharged. And the Consul may, at his discretion award him composition for any damage necessarily and directly sustained by reason of such attachment, arrest, or imprisonment.

Petitioner shall be

25.-Offset. In action of contract, defendant may offset petitioner's claim by a counter claim, filing his own claim, under oath, with his answer. notified to file his answer seasonably, on oath, and the two claims shall then be tried together, and but one judgment given for the difference, if any be proved in favor of either party, otherwise for defendant's costs.

26.--Costs. Except as hereinafter provided, the party finally prevailing recovers costs, to be taxed by him and revised by the Consul.

27. — Trustee process. — In contract, the Consul may order defendant's property or credits in a third party's bands to be attached on the petition, by serving hina with due notice as trustee, provided petitioner secures trustee his costs by adequate special deposit.

28.-Trustee's cost.-If adjudged trustee, the third party may retain his cost from the amount for which he is adjudged trustee, if sufficient; otherwise the balance of trustee's cost must be paid out of petitioner's special deposit, as must the whole of his costs if not adjudged trustee.

29.-Demand on trustee upon execution.-The amount for which a trustee is charged must be inserted in the execution, and commanded of him by the Officer within ten Process against property or person of the days after judgment, or all claim ceases. trustees may issue teu days after demand.

30.-Debt must be at least ten dollars. If petitioner covers judgment for less than ten dollars, or if less than ten dollars of defendant's property or credits is proved in the party's hands, in either case the third party must be discharged with costs against

petitioner.

31.-Replevin.- Before granting a writ of replevin, the Consul shall require petitioner to file a sufficient bond, with two responsible sureties, for double the value of the property to be provided, one an American citizen, or petitioner may deposit the

required amount.

II. TENDER, &c.

32. Before a creditor files his petition in Contract, his debtor may make an absolute and unconditional offer of the amount he considers due, by tendering the

money in the sight of the creditor or his legal representative.

33.- Deposit. If not accepted, the debtor shall, at his own risk and paying the charges, deposit the money with the Consul, who shall receipt to him and noting the 34.-Demand or withdrawal.-It shall be paid to the creditor at any time, if de-

creditor.

manded, unless previously withdrawn by the depositor.

35.-Cost. If the depositor does not withdraw his deposit, and, upon trial, is not adjudged to have owed petitioner at the time of the tender more than its amount, he

shall recover all his costs.

if petitioner chooses to proceed to trial, and does not recover more than the sum may file an offer to be defaulted for a specific sum and the costs up to that time; and 36.-Offer to be defaulted.-At any stage of a suit in contract or wrong, defendant

offered and interest, he shall pay all defendant's costs arising after the offer, execution

issuing for the balance only.

III.-REFERENCE.

37.-When parties agree to reference they shall immediately file a rule, and the case

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