UNITED STATES CONSULAR REGULATIONS.
321
25.-Offeet. In action of contract, defendant may offset petitioner's claim by a counter claim, filing his own claim, under oath, with bis answer. Petitioner shall be 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 favour 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 hands to be attached on the petition, by serving him 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 days after judgement, or all claim ceases. Process against property or person of the trustees may issue ten days after demand.
80.—Debt must be at least ten dollars.-If petitioner recovers judgment for less than ten dollars, or if less than ten dollars of the 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.
81.-Replevin.-Béföre granting a writ of replevin, the Consul shall require petitioner to file a sufficient bord, with two responsible sureties, for double the value of the property to be replevied, 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 au 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 notify the creditor.
34.-Demand or withdrawal.—It shall be paid to the creditor at any time, if demanded, unless previously withdrawn by the depositor.
35.-Cost. If the depositor does not withdraw his deposit, and, upon trial, is not adjudged to bave owed petitioner at the time of the tender more than its amount, be shail recover all his cosis.
36.—Offer to be defaulted.—At any stage of a suit in contract or wrong, defendant may file an offer to be defaulted for a specific sun and the costs up to that time; and if petitioner chooses to proceed to trial and does not recover more than the sum 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 be marked "referred;" a commission shall then issue to the referees, with a copy of all papers filed in the case.
38.-Award and acceptance.-The referees shall report their award to the Con- suls, who shall accept the same, and give judgment, and issue execution thereon, unless satisfied of fraud, perjury, corruption, or gross error in the proceedings.
39.- When transmitted to Minister.-In cases involving more than five hundred dollars, if his acceptance is withheld, the Consul shall at once transmit the whole case with a brief statement of his reasons, and the evidence thereon, to the Minister, who shall give judgment on the award, or grant a new trial before the Consul.
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