Directory_and_Chronicle_1898 — Page 343

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286

UNITED STATES CONSULAR REGULATIONS

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.

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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 the United States' metallic currency, or its equivalent.

98-In Consular Court,

XVII. FEES*

In all cases and estates where the amount in question is not more than $300

In all cases and estates where it is over $100

In all cases where no specific damages are sought the fee shall be $5 for minor and $15 for greater cases.

49—Clerk's Fees.

For issuing all writs, warrants, attachments, or other compulsory process

For docketing every suit commenced

For recusions

For all summonses

For all subpoenas and notices

For filing and entering every declaration, plea, or other paper

For administering an oath of aflirmation, except to an associste

For taking an acknowledgement

..$ 5.00

15,00

150

1.00

1.00

50

For taking an I certifying depositions to fille (for each folio of 100 words): for the first 100 words, 50 cents; for

each succeding folio

folio

10

10

25

1828829* * *2

For a copy of such deposition, furnished to a party on request, per For entering any return, rule, order. continuance, judgment, decree, or recognizance, or drawing any bond, or

making any record, certificate, return, or report: for each folio

10

15

10

-

For a copy of any entry or of any paper on file: for each folio...

The docket tee of $1, bereinbetɔre allowed, shall cover all charges for making dockets an/l indexes issuing cenire for associates, taxing ests, and all other services not specified herem, in all cases where the amount involved is $100 or less; where the amount involved exceeds $100 the clerk shall be allowed for the services specified in the foregoing paragraph, in all cases up to $500, inclusive, a fee of

In all cases involving more than $501 the clerk shall be allowed for like services

For causes where issue is joined but no testimony is given, for causes, dismissed or discontinued, the clerk shall be

allowed, for like services, one-half of the above fees, respectively

For affixing the seal of the court to any instrument, when required For every search for any particular mortgage, or other lien

J

000

--

--

For searching to records of the court for judgments, decrees, or other instruments constituting a lien on any property and certifying the resull of such search; for each person against whom such search is required to

be funde

For receiving, keeping, and paying out money in pursuance of any statute or order of court, 1 per centum of the

amount so reévived, kept, and pau.

For travelling made nccessary by the duties of his office for going, 5 cents a mile, and 5 cents a uile for returning. All books in the clerk's office containing public records shall, duna, office hours, be open to the inspection of any

person desiring to examine the same without any tees or charge therefor.

In case of escheat the clerk shall receive for publication to heirs

For service as escheator

For every office fou, d

For recording proceedings of inquest, per folio

For an affidavit in a tachment

For approving bond in attachment

For affidavit in distress c 1908

For affidavit in replevin cases

For approving replevin bond

For affidavit in trials of right of property

Where bond is given in trial of right of property, for approving it

100-Marshal's Fees,

***

*

必看

2.00

3.00

20

16

1.00

2,000 1000 2.50

15

50

1.00

2 7 2 2 1

--

60

1.00

1.00

5.00

For apprehending a deserter and delivering him on board the vessel deserted from, to be paid by the vessel before

leaving port For searching for the same, and, if not found, to be certified by the consul, and on his order to be paid by the ship_2.00

* Scale substituted for the original scale, 15th March, 1800.

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