Directory_and_Chronicle_1879 — Page 810

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UNITED STATES CONSULAR REGULATIONS.

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.-Damages. 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 default.

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 derials 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 application of either party and advance of the fees, the Consul shall compel the attendance of any witness within bis 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 sufficient security, the Consul, on filing a petition, may grant 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 oatb, 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 bis prisoner's board until the ensuing Monday, and afterwards weekly, or the debtor will be discharged from imprisonment and future arrest.

21.-Execution. On the second day after judgment (exclusive of Sunday) execution may issue, er forcing 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 and 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 favour of the defendant, bis 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 compensation for any damage necessarily and directly sustained by reason of such attachment, arrest, or imprisonment.

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