UNITED STATES CONSULAR REGULATIONS,
3.43
27.-Trustee process. In contract, the Consul may order defendant's property or credits in 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 costs. If adjudged trustee the third party may retain his costs from the amount for which he is adjudged trustee, if sufficient; otherwise the balance of trustee's costs must be paid out of petitioner's special deposit, as must the whole of his costs if not adjudged.
29.-Demand on trustee upon execution.-The amount for which a trustee is charged must be inserted in the execution, and demanded of him by the Officer within ten days after judgment, or all claim cases.
Process against the property or person of the trustee may issue ten days after demand.
30.-Debt must be at least ten dollars.-If petitioner recovers judgment for less than ten dollars, or if less than ten dollars of the defandant'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 replevined, 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 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34.-Demand or withdrawal.—It shall be paid to the creditor at any time if demanded, unless previously withdrawn by the depositor.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.-Costs. 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.
36.—ffer to be defaulted.—At any stage of a suit in contract or wrong defendant may file an offer to be defaulted for a specific sum 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 withhell, 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.
IV. APPEAL.
40.-Must be within one day.-Appeals must be claimed before three o'clock in the afternoon of the day after judgment (excluding Sunday); but in civil cases, only upon sufficient security.
41.-To be perfected within five days.-Within five days after judgment, the appellant must set forth his reasons by petition filed with the Consul, which shall be transmitted as soon as may be to the Minister, with a copy of docket entries and of all papers in the case.
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