UNITED STATES CONSULAR REGULATIONS
397
41.-To be perfected within five days. Within five days after judgment, the appellant must set forth his reasons by petition filed with the Consul, which shall be transmitted as soon as may be to the Minister, with a copy of docket entries and of all papers in the case.
V.-NEW TRIAL
42.—Because of perjury.-On proof of the perjury of any important witness of the prevailing party, upon a material point, affecting the decision of a suit, the Consul who tried it may, within a year after final judgment, grant a new trial on such terms as he may deem just.
43.—Generally.—Within one year after final judgment in any suit not involving more than five hundred dollars, the Consul who tried it, or bis successor, may, upon sufficient security, grant a new trial where justice manifestly requires it; if exceeding five hundred dollars, with the concurrence of the Minister.
VI. HABEAS CORPUS
44.-Slaves not to be held.-No Consul shall recognise the claim of any American citizen arising out of a violation of the provision of the Act of Congress approved February 19th, 1862, relating to the "coolie trade" so called, for any claim which involves the holding of any person in slavery.
45.-Habeas Corpus,-Upon application of any person in writing and under oath, representing that he or any other person is enslaved, unlawfully imprisoned, or deprived of his liberty by any American citizen within the jurisdiction of the Consul, such Consul may issue his writ of Habeas Corpus, directing such citizen to bring said person if in his custody, or under bis control, before him, and the question shall be determined summarily, subject to appeal.
VII.-DIVORCE
46.-Libels for divorce must be signed and sworn to before the Consul, and on the trial each party may testify.
47.-Attachment. The Consul, for good cause, may order the attachment of the libeller's property to such an amount and on such terms as he may think proper.
48.-Husband to advance money.-He may also, at his discretion, order the husband to advance his wife, or pay in Court, a reasonable sum to enable her to defend the libel, with reasonable monthly allowance for her support pending the proceedings.
49.-Alimony.-Alimony may be awarded or denied the wife on her divorce at
his discretion.
50.—Custody of the minor children may be decreed to such party as justice and the children's good may require.
51.-Release of both.-Divorce releases both parties, and they shall not be re- married to each other.
52.-Costs.-Costs are at the discretion of the Consul.
VIII.-MARRIAGE
53.-Record and return.-Each Consul shall record all marriages solemnized by him or in his official presence.
IX.-BIRTHS AND DEATHS
54.-The birth and death of every American citizen within the limits of the jurisdiction shall likewise be recorded.
X.—Bankruptcy, PartnershIPS, PROBATE, &c.
55.-Until promulgation of further regulations, Consuls wili continue to exercise their former lawful jurisdiction and authority in bankruptcy, partnerships, probate of wills, administration of estates, and other matters of equity, admiralty, ecclesiastical and common law, not especially provided for in previous decrees, according to such reasonable rules, not repugnant to the Constitution, Treaties, and Laws of the United States, as they may find necessary or convenient to adopt.
XI.-SEAMEN
56.-In proceedings or prosecutions instituted by or against American seamen, the Consul may, at his discretion, suspend any of these rules in favour of the seamen, when, in his opinion, justice, humanity, and public policy require it.
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