Directory_and_Chronicle_1906 — Page 454

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UNITED STATES CONSULAR REGULATIONS

XII.-CRIMINAL PROCEEDINGS

57.—How commenced.-Complaints and information against American citizens should always be sigued and sworn to before the Consul when the complainant or informant is at or near the Consul's port.

58.—How authenticated.---All complaints and informations not so signed and sworn to by a citizen of the United States, and all complaints and informations in capital cases, must be authenticated by the Consul's certificate of his knowledge or belief of the substantial truth of enough of the complaint or information to justify the arrest of the party charged.

59.-Copy of accusation.-No citizen shall be arraigned for trial until the offence charged is distinctly made known to him by the Consul in respondent's own language. In cases of magnitude and in all cases when demanded, an attested copy (or translation) of the complaint, information, or statement, authenticated by the Consul, shall be furnished him in his own language, as soon as may be after his arrest. 60.-Presence of accuser. The personal presence of the accuser is indispensable throughout the trial.

61.-May testify.-He shall be informed of his right to testify, and cautioned that if he choose to offer himself as a witness, he must answer all questions that may be propounded by Consul or his order, like any other witness.

62.-American witnesses compelled to attend.-The Government and the accused are equally entitled to compulsory process for witness within their jurisdiction; and if the Consul believes the accused to be unable to advance the fees, his necessary witnesses shall be summoned at the expense of the United States.

63.—Fine and costs.-When punishment is by fine, costs may be included or remitted at the Consul's discretion. An alternative sentence of thirty days' imprison- ment shall take effect on non-payment of any part of the fine or costs adjudged in any criminal proceeding.

64. Any prisoner, before conviction, may be admitted to bail by the Conus! who tries him, except in capital cases.

65.-Capital cases.-No prisoner charged with a capital offence shall be admitted to bail where the proof is evident, or the presumption of his guilt great.

66.-After conviction.-After conviction and appeal the prisoner may be admitted to bail only by the Minister.

67.--American bail. —Any citizen of the United States offering himself as bail shall sign and swear, before the Consul, to a schedule of unincumbered property of a value at least double the amount of the required bail.

68.-Foreign bail.-Any other proposed bail or security shall sign and swear, before the Consul, to a similar schedule of unincumbered personal property within. the local jurisdiction of the Consulate, or he may be required to deposit the amount in money or valuables with the Consul.

69.---The sureties.-Unless such sufficient citizen becomes bail, or such deposit is made, at least two sureties shall be required.

70.—Surrender.-Any American bail may have leave of the Consul to surrender his principal on payment of all costs and expenses.

71.-Prosecutor may be required to give security.-Any complainant, informant, or prosecutor may be required to give security for all costs of the prosecution, including those of the accused; and every complainant, &c., not a citizen of the United States, shall be so required unless, in the Consul's opinion, justice will be better promoted otherwise; and when such security is refused the prosecution shall abate.

72.-Honourable acquittal.-When the innocence of the accused, both in law and in intention, is manifest, the Consul shall add to the usual judgment of acquittal the word "honourable.'

73.-Costs. In such case judgment may be given and execution issued sum- marily against any informer, complainant, or prosecutor for the whole costs of the trial, including those of the accused or for any part of either or both, if the proceeding appears to have been groundless and vexatious, originating in corrupt, malicious or vindictive motives.