Directory_and_Chronicle_1933 — Page 303

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THE UNITED STATES COURT FOR CHINA

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sworn inventory of such effects, and shall, as additional effects come from time to time into his possession, immediately file a supplemental inventory or inventories of the same. He shall also file with the clerk of said Court within said sixty days a schedule under oath of the debts of said decedent, so far as known, and a schedule or statement of all additional debts thereafter discovered. Such Consul or Vice- Consul shall pay no claims against the estate without the written approval of the judge of said Court, nor shall he make sale of any of the assets of said estate with- out first reporting the same to said judge and obtaining a written approval of said sale, and he shall likewise within ten days after any such sale report the fact of sucli sale to said Court, and the amount derived therefrom. The said judge shall have power to require at any time reports from Consuls or Vice-Consuls in respect of all their acts and doings relating to the estate of any such deceased person. The said Court shall have power to require, where it may be necessary, a special bond for the faithful performance of his duty to be given by any Consul or Vice-Consul into whose possession the estate of any such deceased citizen shall have come in such amount and with such sureties as may be deemed necessary, and for failure to give such bond when required, or for failure to properly perform his duties in the premises, the Court may appoint some other person to take charge of said estate, such person having first given bond as aforesaid. A record shall be kept by the clerk of said Court of all proceedings in respect of any such estate under the provisions hereof.

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Sec. 3. That appeals shall lie from all final judgments or decrees of said Court to the United States Circuit Court of Appeals of the ninth judicial circuit, and thence appeals and writs of error may be taken from the judgments or decrees of the said Circuit Court of Appeals to the Supreme Court of the United States in the same class of cases as those in which appeals and writs of error are permitted to judgments of said Court of Appeals in cases coming from District and Circuit Courts of the United States. Said appeals or writs of error shall be regulated by the procedure govern- ing appeals within the United States from the District Courts to the Circuit Courts of Appeal, and from the Circuit Courts of Appeal to the Supreme Court of the United States, respectively, so far as the same shall be applicable; and said Courts are here- by empowered to hear and determine appeals and writs of error so taken.

Sec. 4.-The jurisdiction of said United States Court, both original and on appeal, in civil and criminal matters, and also the jurisdiction of the Cousular Courts in China, shall in all cases be exercised in conformity with said treaties and the laws of the United States now in force in reference to the American Consular Courts in China, and all judgments and decisions of said Consular Courts, and all decisions, judgments, and decrees of said United States Court, shall be enforced in accordance with said treaties and laws. But in all such cases when laws are deficient in the provisions necessary to give jurisdiction or to furnish suitable remedies, the common law and the law as established by the decisions of the Courts of the United States shall be applied by said Court in its decisions and shall govern the same subject to the terms of any treaties between the United States and China.

Sec. 5.That the procedure of the said Court shall be in accordance, so far as practicable, with the existing procedure prescribed for Consular Courts in China in accordance with the Revised Statutes of the United States: Provided, however, that the judge of the said United States Court for China shall have authority from time to time to modify and supplement said rules of procedure. The provisions of sections forty-one hundred and six and forty-one hundred and seven of the Revised Statutes of the United States allowing Consuls in certain cases to summon associates shall have no application to said Court.

Sec, 6.-There shall be a district attorney, a marshal, and a clerk of said Court with authority possessed by the corresponding officers of the District Courts in the United States as far as may be consistent with the conditions of the laws of the United States and said treaties. The judge of said Court and the district attorney, who shall be lawyers of good standing and experience, marshal, and clerk shall be