Directory_and_Chronicle_1899 — Page 332

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282

UNITED STATES CONSULAR REGULATIONS

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.

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11.-Amendments.-Parties should, at the trial, be confined as closely as may to the averments and denials 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 his 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 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 oath, 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 uopn 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 pay- ment for his 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, enforcing 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, his 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.

25.-Offset.—In action of contract, defendant may offset petitioner's claim by a counter claim, filing his own claim, under oath, with his answer. Petitiouer shall be notified to file his answer seasonably, on oath, and the two claims shall then be tried

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