Directory_and_Chronicle_1877 — Page 667

Directories & Chronicles 香港指南 All

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UNITED STATES CONSULAR REGULATIONS.

XV.-LIMITATION OF ACTIONS AND PROSECUTIONS.

82.-Criminal.-Heinous offences, not capital, must be prosecuted within six years, minor offences within two.

83.-Civil.-Civil actions based on written promises, contract, or instrument, must be commenced within six years after the cause of action accrues; others within two. 84.-Absence; fraudulent concealment.-In prosecutions for heinous offences not capital, and in civil cases involving more than $500, any absence of respondent or defendant for more than three months at a time from China, shall be added to the limitations; and in civil cases involving more than $100, the period during which the cause of action may be fraudulently concealed by defendant, shall likewise be added.

XVI. GENERAL PROVISIONS.

85.-Trials public.-All trials and proceedings in the United States' Consular Courts in China shall be open and public.

86.-Interpreting and translating.-Papers and testimony in a foreign language shall be translated into English by a sworn interpreter, appointed by the Consul; in civil cases to be paid by petitioner. Oaths and questions shall be translated by the interpreter from the English for any witness who does not understand English.

87.-Testimony.-Parties may be required to file their petitions, answers, complaints, informations, and all other papers addressed to the court, in English; or they may be translated by the interpreter at the Consul's discretion. All testimony must be taken in writing in open Court by the Consul or his order, and signed by the witness, after being read over to him for his approval and correction, and it shall form part of the papers in the case.

88.-Adjournment.-The Consul may adjourn his Court from time to time, and place to place, within his jurisdiction, always commencing proceedings and giving judgment at the Consulate.

89.-Officer.-All processes not served by the Consul personally must be executed by an officer of the Consulate, who shall sign his return, specifying the time and mode of service, and annexing an account of his fees.

90.---Copies on appeal.-On appeal, copies of all the papers must be paid for in advance by the appellant, except in criminal cases where respondent is unable to pay. 91.-Copies. Any person interested is entitled to a copy of any paper on file, on prepayment of the fee.

92.-Reasonable clearness, precision, and certainty should be required in the papers; and substantial justice and all practicable dispatch are expected in the decisions. 93.—Definition of Consul.—The word "Consul” is intended to include the Consul- General, and any Vice-Consul or Deputy-Consul, actually exercising the Consular power at any Consulate, unless the sense requires a more limited construction.

94.— Associates.—Each associate in a Consular trial shall, before entering on his duties, be sworn by his Consul. Before taking the oath, he may be challenged by either party, and for sufficient cause excused, and another drawn.

95.-Contempt.-Consuls will always preserve order in Court, punishing sum- marily any contempt committed in their presence, or any refusal to obey their lawful summons or order, by imprisonment not exceeding 24 hours, or by fine not exceeding fifty dollars and costs.

96.-Attorney.-Every party to a civil or criminal proceeding may be heard in person, or by attorney of his choice, or by both; but the presence of counsel shall be under the exclusive control and discretion of the Consul.

97.-Accounts.-The accounts of the Consular Courts shall be kept in United States' currency; and every order of deposit, decree of costs, taxation of fees, and generally every paper issuing originally from the Court, shall be expressed in dollars and cents, and satisfied in United States' metallic currency, or its equivalent.

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