UNITED STATES CONSULAR REGULATIONS
333
together, and but one judgment given for the difference, if any be proved in favour of either party, otherwise for defendant's costs.
20.-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 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 costs.—If adjudged trustee the third party may retain his costs fro1n 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 ceases. 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 defendant's property or credit 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 responsible sureties, for double the value of the property to be replevined, one au 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 on 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34.-Demand or withdrawal.—It shall be paid to the creditor at any time if demanded, unless previously withdrawn by the depositor.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, be shall recover all his costs.
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 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.
33.-Award and acceptance.-The referees shall report their award to the Ccn- sul, 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.
IV-APPEAL
40.-Must be within one day.-Appeals must be claimed before three o'clock in the afternon of the day after judgment (excluding Sunday); but in civil cases, ouly upun sufficient security.
12
Original from UNIVERSITY OF MICHIGAN
No comments yet.
Private notes are available after approval.