Directory_and_Chronicle_1906 — Page 458

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UNITED STATES CONSULAR REGULATIONS

XVIII.-PROVISO

109.-All decrees heretofore issued by authority of the Commissioners and Minister of the United States to China, which are inconsistent in whole or in part with the provisions of this Decree, are hereby annulled, and those portions are henceforth void and of no effect; and the promulgation of these rules abrogates no authority hitherto lawfully esercised by Consuls in China not inconsistent herewith.

ADDITIONAL REGULATIONS

These regulations have been decreed, as having the force of law in the Consular Court of the United States in China, by James B. Angell, Envoy Extraordinary and Minister Plenipotentiary of the United States, and dated May 26th, 1881. They have been assented to by the various United States Consuls in China and are as follows:-

1.-In civil proceedings between American citizens in the Consular Courts in China, the service of summons upon the defendant, if he is found within the Empire of China, shall be personal. That is, the copy of the complaint and summons dnly certified by a Marshal of any Consular Court in China shall be delivered into the hands of the person to be served. The officer serving the summons shall certify the same to the Consul before whom the suit is brought.

2.—When the defendant has removed from or is absent from the Empire, or conceals himself therein to avoid the service of summons, and the fact appears by affidavit to the satisfaction of the Consul, and it also appears by such affidavit or by the verified complaint on file that a good cause of action exists against the defendant, or that he is a necessary party to the action, such Consul may make an order that the service be made by publication of the summons. Such order shall direct the publication to be made in a newspaper of general circulation (to be named) for such length of time as may be reasonable, in not less than six issues of such paper, if a daily, and in not less than four issues, if a weekly. Such publication shall be made in a newspaper published nearest to the Consulate where the suit or proceeding is pending, at least five months before the time fixed for the trial by the Consul. In case of publication, when the residence of a non-resident or absent defendant is unknown, the Consul shall direct a copy of the complaint and summons, duly certified, and addressed to the person to be served at his supposed place of residence to be deposited in the Post Office by the Marshal of the said Court.

ADDITIONAL REGULATIONS

In accordance with Section 5 of the Act of Congress approved June 22nd, 1860, entitled "An Act to Carry into Effect certain Provisions in the Treaties between the United States, China, Japan, Siam, Persia, and other Countries, giving certain Judicial Powers to Ministers and Consuls, or other Functionaries of the United States in those Countries, or for other Purposes," I, Charles Denby, Envoy Extraordinary and Minister Plenipotentiary of the United States to the Empire of China, do hereby decree the following regulations, which shall have the force of law in the Consular Courts of China.

1. Judgments by confession may be rendered in the Consular Courts of the United States in China upon compliance with the following rules.

2. The party desiring to confess judgment should file in the Consular Court a statement substantially as follows:

The United States Court

for the Consular District ss.

A. B., Plaintiff, against

of ....

China

Statement and

Confession of judgment

C. D., Defendant) without action.

I, C. D., the defendant in the above entitled action, do hereby confess judgment therein in favour of A. B., the plaintiff, in the said action for the sum of..