Directory_and_Chronicle_1901 — Page 350

Directories & Chronicles 香港指南 All

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UNITED STATES CONSULAR REGULATIONS

74-Minor offences.-Consuls will ordinarily encourage the settlement of all prosecutions not of a heinous character by the parties aggrieved or concerned,

XIII.-OATHS

75.-Oaths.-Oaths shall be administered in some language that the witness

understands,

76.-Not Christian.-A witness not a Christian shall be sworn according to his religious belief.

77.—Atheist.—An

-An avowed atheist shall not be sworn, but may affirm, under the pains and penalties of perjury; the credibility of his evidence being for the considera- tion of the Consul.

78.—Affirmation.-A Christian conscientiously scrupulous of an oath may affirm under the pains and penalties of perjury.

XIV. DOCKETS, RECORDS, &c.

79.—Civil docket.-Each Consul shall keep a regular docket or calendar of all civil actions and proceedings, entering each case separately, numbering it consecutively, to the end of his terin of office, with the date of filling, the names of the parties in full, their nationality, the nature of the proceeding, the sum or thing claimed, with minute and dates of all orders, decrees, continuance, appeals, and proceedings until final judgment.

80.—Criminal.—He shall keep another regular docket for all criminal cases, with sufficient similar memoranda.

81.-Filing papers.-All original papers shall be filed at once and never removed; no person, but an officer of the Consulate or Minister, should be allowed access to them. All papers in each case must be kept together in one inclosure, and numbered as in the docket with the parties' names, the nature of the proceeding, the year of filing the petition, and of final judgment, conspicuously marked on the inclosure, and each year's cases kept by themselves in their order.

XV. LIMITATION OF ACTIONS AND PROSECUTIONS

82.-Criminal.-Heinous offences, not capital, must be prosecuted within six years; minor offences within two.

83.-Civil.-Civil actions based on written promises, contract, or instrument must be commenced within six years after the cause of action accrues; others within two.

84.-Absence; fraudulent concealment. In prosecutions for heinous offences nor capital, and in civil cases involving more than $500, any absence of respondent to defendant for more than three months at a time from China shall be added to the limitations; and in civil cases involving more than $100, the period during which the cause of action may be fraudulently concealed by defendant shall likewise be added. XVI.-GENERAL PROVISIONS

85.-Trials public.-All trials and proceedings in the United States Consular Courts in China shall be open and public.

86.-Interpreting and translating.-Papers and testimony in a foreign language shall be translated into English by a sworn interpreter, appointed by the consul, in civil cases to be paid by petitioner. Oaths and questions shall be translated by the interpreter from the English for any witness who does not understand English.

87.-Testimony.-Parties may be required to file their petitions, answers, com- plaints, informations, and all other papers addressed to the Court, in English; or they may be translated by the interpreter at the Cousul's discretion. All testimony must be taken in writing in open Court by the Consul or his order, signed by the witness, after being read over to him for his approval and correction, and it shall form part of the papers in the case.

88.-Adjournment.-The Consul may adjourn his Court from time to time, and place to place, within bis jurisdiction, always commencing proceedings and giving judgement at the Consulate.

89.-Officer. All processes not served by the Consul personally must be executed by an officer of the Consulate, who shall sign his return, specifying the time and mode of service, and annexing an account of his fees.

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