Directory_and_Chronicle_1908 — Page 467

REGULATIONS FOR THE CONSULAR COURTS OF THE

UNITED STATES OF AMERICA IN CHINA

In pursuance of Sec. 5th of the Act of Congress, approved 22nd June, 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, and for other l'urposes," I, Anson Burlingame, Minister Plenipotentiary and Envoy Extraordinary of the United States to the Empire of China, do hereby decree the following rules and regulations, which shall have the force of law in the Consular Courts of China.

1.-Every citizen of the United States residing within the limits of the ports open to foreign trade in the dominion of the Empire of China, is required to be enrolled in the Consular register, and shall apply in person at the Consulate within thirty days after the publication of this decree. Every American citizen who may arrive within the limits of the port, save and except any one who may be borne on the muster-roll of an American vessel, shall apply within ten days at the Consulate to be enrolled. An American citizen neglecting to be so enrolled will not be entitled to claim the protection or intervention of the authorities, unless he can furnish a valid reason for not so doing.

2. In all cases where an applicant to be enrolled cannot furnish a passport or other legal proof of his citizenship, he shall make oath that he is a citizen of the United States; and, if the Consul deem desirable, be required to bring such further evidence as he shall consider satisfactory.

LEGATION OF THE UNITED STATES,

Peking, 22nd April, 1864.

ANSON BURLINGAME.

1.-ORDINARY CIVIL PROCEDURE

1.—How commenced.—Civil proceedings between American citizens must com- mence by written petition, verified by oath before the Consul.

2.-Three classes of action.-Ordinary personal civil actions are of three classes, viz: Contract, comprising all cases of contract or debt; Wrong, when damages are claimed for wrong; Replevin, when possession of a specific article is claimed.

3.-Demand necessary in Contract and Replevin.-In contrast, the petition must aver that payment, or a performance of the conditions of the contract, has been demanded and withheld; and in replevin, that the articles to be replevined have been demanded.

4.-Petitioner must deposit money. The petitioner shall be required to deposit a reasonable sum to defray the probable expenses of court and defendant's costs; subsequent deposits may be required if found necessary.

5.-Notice to Defendant.-Upon deposit of the money, the Consul shall order notice of the petition, in writing, directing defendant to appear before the court at a given day and hour to his written answer on oath.

6.-Service. Notice must be served on each defendant at least five days before return day, by delivery of an attested copy of the petition and order, and of any accompanying account or paper.

7.-Personal service should always be required when practicable.

8.-Default.-On proof of due notice, judgment by default shall be procured against any defendant failing to appear and file his answer as required; but the de- fault may be taken off for good cause within one day after, exclusive of Sunday.

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