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Effective date of repeal, see note set out under section 801 of this title.

Section 38, act Feb. 5, 1915, ch. 23, § 7, 38 Stat. 807, related to the transaction of business by diplomatic officers, and is now covered by section 805 of this title.

Section 39, R. $. $ 1688, related to the prohibition against uniforms and official costumes, and is now covered py section 803 of this title.

Section 40, R. 8. $ 1674, as amended Feb. 5, 1915, ch. 23, 6, 38 Stat. 806; July 1, 1916, ch. 208, 39 Stat. 252; May 24, 924, ch. 182. $ 2, 43 Stat. 140, related to the definition of iplomatic offices, and is now covered by section 802 of his title. Effective date of repeal, see note set out under section 1 of this title.

88 72–79. Transferred.

CODIFICATION Sections 72—79 transferred to sections 1172-1179, respectively, of this title.

!1. Transferred.

CODIFICATION section transferred to note set out under section 901 of s title.

S880–82. Repealed. Aug. 13, 1946, ch. 957, title XI,

8 1131 (9, 10, 22), 60 Stat. 1036. Section 80, R. S. $ 1712, as amended June 18, 1888, ch. 393, 25 Stat. 186; Feb. 9, 1889, ch. 122, $$ 1, 4, 25 Ştat. 659; July 14, 1890, ch. 707, 26 Stat. 288; Apr. 5, 1906, ch. 1366, $ 3, 34 Stat. 100, related to commercial and agricultural reports, and is not now covered.

Section 81, act Jan. 27, 1879, ch. 28, § 1, 20 Stat. 273, as amended Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, related to reports on exports, imports, and wages, and is not now covered.

Section 82, R. S. § 1713, as amended June 18, 1888, ch. 393, 25 Stat. 186; Feb. 9, 1889, ch. 122, $$ 1, 4, 25 Stat. 659, related to reports on current prices of merchandise, etc., and is not now covered.

Effective date of repeal, see note set out under section 801 of this title.

1, 5la. Repealed. Aug. 13, 1946, ch. 957, title XI, $ 1131 (2, 7), 60 Stat. 1035. ection 51, R. S. & 1674, as amended Feb. 5, 1915, ch. 23, 38 Stat. 806, related to the official designations in the iular service, is not now covered. ction 51a, R. S. $ 1695, as amended Apr. 5, 1906, ch. . $3, 34 Stat. 100; Feb. 5, 1915, ch. 23, § 6, 38 Stat. 806, ed to the appointment of vice-consuls and consular ts, and is now covered by sections 938 and 951 of this

88 83–98. Transferred.

CODIFICATION Sections 83–98 transferred to sections 1180—1195, respectively, of this title.

?ctive date of repeal, see note set out under section ! this title.

Omitted.

CODIFICATION ion, act Feb. 5, 1915, ch. 23, $ 6, 38 Stat. 806, abolffices of vice consul general, deputy consul general, puty consul, and has been omitted from the Code uted.

899. Repealed. Aug. 13, 1946, ch. 957, title XI, & 1131

(26), 60 Stat. 1037. Section, act Apr. 5, 1906, ch. 1366, $ 8, 34 Stat. 101, as amended Feb. 5, 1915, ch. 23, $$ 3, 6, 38 Stat. 805, 806; May 24, 1924, ch. 182, § 11, 43 Stat. 142, related to duty to account for fees, and is not now covered.

Effective date of repeal, see note set out under section 801 of this title.

ransferred.

CODIFICATION on transferred to section 1171 of this title.

SS 100-104. Transferred.

CODIFICATION Sections 100—104 transferred to sections 1196_1200, respectively, of this title.

nitted.

CODIFICATION n, act Apr. 5, 1906, ch. 1366, $ 3, 34 Stat. 100, abolade of commercial agent, and has been omitted ! Code as executed.

$ 105. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131

(12), 60 Stat, 1036. Section, R. 8. $ 1738, related to the restriction of diplomatic functions by consular officers, is not now covered.

Effective date of repeal, see note set out under section 801 of this title.

. Repealed. Aug. 13, 1946, ch. 957, title XI, 1 (7, 51), 60 Stat. 1036.

55, R. S. $ 1695, related to the limits of conad is now covered by section 908 of this title.

56, acts Feb. 27, 1925, ch. 364, 43 Stat. 1017; 26, ch. 195, title I, 44 Stat. 333; Feb. 24, 1927, ch. I, 44 Stat. 1182, related to the appointment of lerks, and is now covered by section 936 of this

date of repeal, see note set out under section title.

SS 106—108. Repealed. May 3, 1945, ch. 105, § 11, 59

Stat 105. Section 106, R. S. $ 1699, as amended Apr. 5, 1906, ch. 1366, $ 6, 34 Stat. 101, related to restriction of transaction of private business by consular officer.

Section 107, R. S. $ 1700, as amended Apr. 5, 1906, ch. 1366, $ 6, 34 Stat. 101, related to extension of restriction as to transaction of business.

Section 108, R. S. $ 1701, as amended Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, related to penalty for violation of restriction and action on bond.

iled. Feb. 23, 1931, ch. 276, § 6, 46 Stat. 1207, ly 1, 1931. ct Apr. 5, 1906, ch. 1366, § 5, 34 Stat. 101, related ip requirements of consular clerks, and is not !.

led. Aug. 13, 1946, ch. 957, title XI, & 1131 Stat. 1036.

S. $ 1696, related to expenses of vice consulate agency, and is not now covered. ate of repeal, see note set out under section tle.

$ 109. Omitted.

CODIFICATION Section, R. S. § 1706; act Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, which related to allowance for office rent of con. sulates, is in the opinion of the Secretary of State no longer operative. S$ 121, 122. Repealed. Aug. 13, 1946, ch. 957, title XI,

$ 1131 (13, 20), 60 Stat. 1036. Section 121, R. S. $ 1740, as amended Apr. 5, 1906, ch. 1366, $ 3, 34 Stat, 100; Feb. 5, 1915, ch. 23, $ 6, 38 Stat. 806; Feb. 27, 1925, ch. 364, 43 Stat. 1017, related to commencement of salary of officers, and is now covered by sections 881 and 882 of this title.

d. Aug. 13, 1946, ch. 957, title XI, 1131 Stat. 1036. S. $ 1714, related to construction of powers consular officers, and is not now covered. -53—vol. 2-81

Section 122, act June 11, 1874, ch. 275, $ 4, 18 Stat. 70, related to the fixing of travel time allowances, and is not now covered.

Effective date of repeal, see note set out under section 801 of this title.

§ 134. Repealed. Aug. 13, 1946, ch. 957, title XI, $ 111

60 Stat. 1040. Section, act Mar. 2, 1921, ch. 113, § 1, 41 Stat. 1215, 1 lated to acceptance of gifts of lands, buildings, etc., 1 use of the Service, and is now covered by section 809 this title.

Effective date of repeal, see note set out under secti 801 of this title.

8 123. Repealed. Feb. 23, 1931, ch. 276, § 22, 46 Stat.

1210, eff. July 1, 1931. Section, R. S. $ 1742, related to salary during absence, and is now covered by section 1146 of this title.

8 135. Repealed. June 25, 1948, ch. 645, $ 21, 62 St

862, eff. Sept. 1, 1948. Section, act June 10, 1933, ch. 57, 48 Stat. 122, relati to protection of diplomatic codes, was formerly trai ferred from this section to section 815 of this title, a is now covered by section 952 of Title 18, Crimes a Criminal Procedure.

88 124—126. Repealed. Aug. 13, 1946, ch. 957, title XI,

$ 1131 (14, 21), 60 Stat. 1036. Section 124, R. S. $ 1741; act June 17, 1874, ch. 294, 18 Stat. 77, as amended Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, related to absence without leave, and is covered by section 882 of this title.

Section 125, R. S. § 1743, related to extra compensation, and is covered by subchapter IV of chapter 14 of this title.

Section 126, R. S. & 1751; act June 17, 1874, ch. 294, 18 Stat. 77, related to private correspondence on affairs of foreign governments, and is now covered by section 806 of this title.

Effective date of repeal, see note set out under section 801 of this title.

8 136. Transferred.

CODIFICATION Section transferred to note set out under section of this title.

S$ 127, 128. Transferred.

CODIFICATION Sections 127, 128 transferred to sections 1201 and 1202, respectively, of this title.

$$ 129—130b. Repealed. Aug. 13, 1946, ch. 957, title XI,

S$ 1131 (16, 17), 1132, 60 Stat. 1036, 1040. Section 129, R. S. $ 1748, as amended Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, related to office paraphernalia, and is not now covered.

Section 130, R. S. 1749, related to allowances of widows, and is now covered by section 1082 of this title.

Section 130a, act Apr. 27, 1938, ch. 180, title I, § 1, 52 Stat. 250, as amended June 29, 1939, ch. 248, title I, § 1, 53 Stat. 887; May 14, 1940, ch. 189, title I, § 1, 54 Stat. 183; June 28, 1941, ch. 258, title I, § 1, 55 Stat. 268; July 2, 1942, ch. 472, title I, § 1, 56 Stat. 471; July 1, 1943, ch. 182, title I, § 1, 57 Stat. 273; June 28, 1944, ch. 294, title I, § 1, 58 Stat. 398; May 21, 1945, ch. 129, title I, § 1, 59 Stat. 172; July 5, 1946, ch. 541, title I, § 1, 60 Stat. 449, related to the expenses of bringing home remains of personnel dying abroad, and is now covered by section 1136 of this title.

Section 130b, act Apr. 27, 1938, ch. 180, title I, § 1, 52 Stat. 250, as amended June 29, 1939, ch. 248, title I, § 1, 53 Stat. 887; May 14, 1940, ch. 189, title I, § 1, 54 Stat. 183; June 28, 1941, ch. 258, title I, § 1, 55 Stat. 267; July 2, 1942, ch. 472, title I, § 1, 56 Stat. 470; July 1, 1943, ch. 182, title I, § 1, 57 Stat. 273; June 28, 1944, ch. 294, title I, § 1, 58 Stat. 398; May 21, 1945, ch. 129, title I, § 1, 59 Stat. 171; July 5, 1946, ch. 541, title I, § 1, 60 Stat. 449, related to expenses of transporting personnel, families, and their effects to and from posts, and is now covered by sections 1136 and 1138 of this title.

Effective date of repeal, see note set out under section 801 of this title.

Chapter 2.-CONSULAR COURTS Sec. 141. Judicial authority generally. 142. General jurisdiction in criminal cases. 143. General jurisdiction in civil cases; venue. 144. Vice consul at Shanghai to exercise judicial functie

of consul general. 145. System of laws to be applied. 146. Rules and regulations for consular court generally 147. Assent or dissent of consuls to, and publication

rules, etc. 148. Transmission of rules, etc., to Secretary of St 149. Warrant, arrest, trial, and sentence by consul g

erally. 150. Jurisdiction of consul in criminal cases when sitt

alone; when decision final. 151. Jurisdiction of consul in criminal cases when sitt

alone; when appeal to minister lies. 152. Calling in associates in criminal cases; reference

minister on disagreement. 153. Jurisdiction of consuls in civil cases; finality; ass

ates in civil cases; reference to minister on

agreement. 154. Evidence; how taken. 155. Punishment generally; contempt. 156. Capital offenses; requisites for convictions; con

tion of lesser offense. 157. Punishment for contempt of court. 158. Execution of criminals; pardons. 159. Fees for judicial services; application of moneys;

dition of accounts. 160. Settlement of criminal cases. 161. Arbitration, reference, and compromise of civil c 162. Aid of local authorities invoked. 163. Where jurisdiction of minister exercised. 164. Jurisdiction of minister; when appellate and v

original. 165. Appellate jurisdiction of minister; new trials. 166. Jurisdiction of minister to try capital and fe

cases. 167. Prevention of American citizens from enlisting

foreign countries. 168. Marshals of consular courts; appointment and se 169. Execution and return of process by marshal. 170. Bond of marshal. 171. Sult on bond of marshal. 172. Necessity for production of original bond. 173. Service of process, etc., in suit on bond of ma 174. Expenses of prisons in foreign countries. 175. Allowance for keeping and feeding prisoners. 176. Secretary of State to exercise judicial duties wh

minister. 177. General extension to unnamed countries, 178. “Minister" and "consul" defined. 179. Responsibility as judicial officers. 180. Power of consuls in uncivilized countries or cou

not recognized by treaties.

8 131. Transferred.

CODIFICATION Section transferred to section 1203 of this title.

8 132. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131

(18), 60 Stat. 1036. Section, R. 8. $ 1752, related to general regulations by President, and is now covered by sections 842 and 843 of this title.

Effective date of repeal, see note set out under section 801 of this title.

8 133. Repealed. May 7, 1926, ch. 250, § 7, 44 Stat.

405. Section, act Feb. 17, 1911, ch. 105, 36 Stat. 917, provided for purchase of buildings for Diplomatic and Consular Service.

Sec. 181. Applicabllity of other laws to Turkey. 182. Suspension by President of consular courts in Turkey

and in Egypt. 183. Extension of other laws to Persia; suits between

American citizens and subjects of Persia and other countries.

| 141. Judicial authority generally.

To carry into full effect the provisions of the reaties of the United States with certain foreign puntries, the ministers and consuls of the United tates in China, Siam, Turkey, Morocco, Muscat, byssinia, Persia, and the territories formerly a rt of the former Ottoman Empire including Egypt, ly appointed to reside therein, shall, in addition other powers and duties imposed upon them, rectively, by the provisions of such treaties, respec:ly, be invested with judicial authority described sections 141–143, 145—159, 163–174, 176—181, 211, 212, 218, 219, 251—258, and 1172 of this title, ions 701—704 of Title 28, and sections 21--24 itle 50, which shall appertain to the office of minand consul, and be a part of the duties belongthereto, wherein, and so far as, the same is red by treaty, and in accordance with the usages e countries in their intercourse with the Franks her foreign Christian nations. (R. S. $$ 4083, 4126, 4127; June 14, 1878, ch. 193, 20 Stat. 131.)

DERIVATION i § 4083 was from act June 22, 1860, ch, 179, § 1, t. 72; act July 28, 1866, ch. 296, § 11, 14 Stat. 322; y 1, 1870, ch. 194, § 1, 16 Stat. 183.

$$ 41254127 were from act June 22, 1860, ch, 179, 8, 29, 12 Stat. 76, 78.

REFERENCES IN TEXT ons 701-704 of Title 28, referred to in the text, pealed by act June 25, 1948, ch. 646, $ 39, 62 Stat.

Sept. 1, 1948, and are now covered by sections d 1785 of Title 28, Judiciary and Judicial Pro

States charged with offenses against law, committed in such countries, respectively, and to sentence such offenders in the manner in said sections authorized; and each of them is authorized to issue all such processes as are suitable and necessary to carry this authority into execution. (R. S. § 4084.)

DERIVATION
Act June 22, 1860, ch. 179, § 2, 12 Stat. 72.

REFERENCES IN TEXT Sections 701-704 of Title 28, referred to in the text, were repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948, and are now covered by sections 1782 and 1785 of Title 28, Judiciary and Judicial Procedure.

Section 211 of this title, referred to in the text, was repealed by act July 3, 1926, ch. 772, § 4, 44 Stat. 887, and is now covered by section 211a of this title.

Section 219 of this title, referred to in the text, was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by section 1541 of Title 18, Crimes and Criminal Procedure.

Sections 251 and 255 of this title, referred to in the text, were repealed by act June 25, 1948, ch. 645, $ 21, 62 Stat. 862, eff. Sept. 1, 1948, and are now covered by sections 112 and 1545 of Title 18, Crimes and Criminal Procedure,

8 143. General jurisdiction in civil cases; venue.

Such officers are also invested with all the judicial authority necessary to execute the provisions of such treaties, respectively, in regard to civil rights, whether of property or person; and they shall entertain jurisdiction in matters of contract, at the port where, or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed, and in all other matters, at the port where, or nearest to which, the cause of controversy arose, or at the port where, or nearest to which, the damage complained of was sustained, provided such port be one of the ports at which the United States are represented by consuls. Such jurisdiction shall embrace all controversies between citizens of the United States, or others, provided for by such treaties, respectively. (R. S. § 4085.)

DERIVATION Act June 22, 1860, ch. 179, § 3, 12 Stat. 73. § 144. Viceconsul at Shanghai to exercise judicial functions of consul general.

CODIFICATION Section, acts Mar. 2, 1909, ch. 235, 35 Stat. 679; Mar. 4, 1915, ch. 145, 38 Stat. 1122, was formerly set out as section 197c of this title, and was rendered obsolete by act June 4, 1920, ch. 223, 41 Stat. 746, formerly classified to section 198 of this title.

n 211 of this title, referred to in the text, was by act July 3, 1926, ch. 772, § 4, 44 Stat. 887, and vered by section 211a of this title. 1219 of this title, referred to in the text, was by act June 25, 1948, ch. 645, $ 21, 62 Stat. 862,

1, 1948, and is now covered by section 1541 of Crimes and Criminal Procedure. s 251 and 255 of this title, referred to in the

repealed by act June 25, 1948, ch. 645, $ 21, 62 eff. Sept. 1, 1948, and are now covered by secand 1545 of Title 18, Crimes and Criminal

CHANGE OF NAME OF COUNTRIES now known as Thailand, Abyssinia as Ethiopia, as Iran.

CROSS REFERENCES s of sections 141-143, 145-159, 163—174, 176 11, 212, 218, 219, 251–258, and 1172 of this is 1782 and 1785 of Title 28, and sections 21–24 *xtended to any country of like character with Jnited States may enter into treaty relations, 177 of this title. ral jurisdiction in criminal cases. ers mentioned in section 141 of this title apowered to arraign and try, in the mand in sections 141-143, 145-159, 16331, 183, 211, 212, 218, 219, 251-258, and

title, sections 701—704 of Title 28, and -24 of Title 50, all citizens of the United

145. System of laws to be applied.

Jurisdiction in both criminal and civil matters shall, in all cases, be exercised and enforced in conformity with the laws of the United States, which are, so far as is necessary to execute such treaties, respectively, and so far as they are suitable to carry the same into effect, extended over all citizens of the United States in those countries, and over all others to the extent that the terms of the treaties, respectively, justify or require. But in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies, the common law and the law of equity and admiralty shall be extended in like manner over such citizens and others in those countries; and if neither the common law, nor the law of equity or admiralty, nor the statutes of the United States, furnish appropriate and sufficient remedies, the ministers in those countries, respectively, shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies. (R. S. § 4086.)

DERIVATION
Act June 22, 1860, ch. 179, § 4, 12 Stat. 73.

$ 146. Rules and regulations for consular court gen

erally. In order to organize and carry into effect the system of jurisprudence demanded by such treaties, respectively, the ministers, with the advice of the several consuls in each of the countries, respectively, or of so many of them as can be conveniently assembled, shall prescribe the forms of all processes to be issued by any of the consuls; the mode of executing and the time of returning the same; the manner in which trials shall be conducted and how the records thereof shall be kept; the form of oaths for Christian witnesses, and the mode of examining all other witnesses; the costs to be allowed to the prevailing party, and the fees to be paid for judicial services; the manner in which all officers and agents to execute process, and to carry sections 141—143, 145— 159, 163—174, 176—181, 183, 211, 212, 218, 219, 251– 258, and 1172 of this title, sections 701-704 of Title 28, and sections 21–24 of Title 50 into effect, shall be appointed and compensated; the form of bail bonds, and the security which shall be required of the party who appeals from the decision of a consul; and shall make all such further decrees and regulations from time to time, under the provisions of said sections, as the exigency may demand. (R. S. § 4117.)

DERIVATION
Act June 22, 1860, ch. 179, § 5, 12 Stat. 73.

REFERENCES IN TEXT Sections 701-704 of Title 28, referred to in the text, were repealed by act June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948, and are now covered by sections 1782 and 1785 of Title 28, Judiciary and Judicial Procedure.

Section 211 of this title, referred to in the text, was repealed by act July 3, 1926, ch. 772, § 4, 44 Stat. 887, and is now covered by section 211a of this title.

Section 219 of this title, referred to in the text, was repealed by act June 25, 1948, ch. 645, $ 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by section 1541 of Title 18, Crimes and Criminal Procedure.

Sections 251 and 255 of this title, referred to in the text, were repealed by act June 25, 1948, ch. 645, $ 21, 62 Stat. 862, eff. Sept. 1, 1948, and are now covered by sections 112 and 1545 of Title 18, Crimes and Criminal Procedure.

vice, and considering the same, the minister in each of those countries may, nevertheless, by causing the decree, order, or regulation to be published with his signature thereto, and the opinions of his advisers inscribed thereon, make it binding and obligatory, until annulled or modified by Congress; and it shall take effect from the publication or any subsequent day thereto named in the act. (R. S. § 4118.)

DERIVATION Act June 22, 1860, ch. 179, § 5, 12 Stat. 73. $ 148. Transmission of rules, etc., to Secretary of

State. All such regulations, orders, and decrees shall, as speedily as may be after publication, be transmitted by the ministers, with the opinions of their advisers, as drawn up by them severally, to the Secretary of State, to be laid before Congress for revision. (R. S. § 4119.)

DERIVATION Act June 22, 1860, ch. 179, § 6, 13 Stat. 73. 8 149. Warrant, arrest, trial, and sentence by consul

generally. Each of the consuls mentioned in section 141 of this title, at the port for which he is appointed, is authorized upon facts within his own knowledge, or which he has good reason to believe true, or upon complaint made or information filed in writing and authenticated in such way as shall be prescribed by the minister, to issue his warrant for the arrest of any citizen of the United States charged with committing in the country an offense against law; and to arraign and try any such offender; and to sentence him to punishment in the manner prescribed in sections 141—143, 145—159, 163—174, 176-181, 183, 211, 212, 218, 219, 251—258, and 1172 of this title, sections 701-704 of Title 28, and sections 21–24 of Title 50. (R. S. $ 4087.)

DERIVATION
Act June 22, 1860, ch. 179, $ 7, 12 Stat. 74.

REFERENCES IN TEXT Sections 701—704 of Title 28, referred to in the text, were repealed by act June 25, 1948, ch. 646, $ 39, 62 Stat. 992, eff. Sept. 1, 1948, and are now covered by sections 1782 ar 1785 of Title 28, Judiciary and Judicial Procedure.

Section 211 of this title, referred to in the text, was repealed by act July 3, 1926, ch. 772, § 4, 44 Stat. 887, and is now covered by section 2112 of this title.

Section 219 of this title, referred to in the text, was repealed by act June 25, 1948, ch. 645, $ 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by section 1541 of Title 18, Crimes and Criminal Procedure.

Sections 251 and 255 of this title, referred to in the text, were repealed by act June 25, 1948, ch. 645, $ 21, 62 Stat. 862, eff. Sept. 1, 1948, and are now covered by sections 112 and 1545 of Title 18, Crimes and Criminal Procedure.

8 147. Assent or dissent of consuls to, and publication

of, rules, etc. All such regulations, decrees, and orders shall be plainly drawn up in writing, and submitted, as in section 146 of this title provided, for the advice of the consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, and such consul shall signify his assent or dissent in writing, with his name subscribed thereto. After taking such ad

$ 150. Jurisdiction of consul in criminal cases when

sitting alone; when decision final. Any consul, when sitting alone for the trial of offenses or misdemeanors, shall decide finally all cases where the fine imposed does not exceed $100, or the term of imprisonment does not exceed sixty days. (R. S. & 4105.)

DERIVATION
Act June 22, 1860, ch. 179, $ 8, 12 Stat. 74.

$ 151. Jurisdiction of consul in criminal cases when

sitting alone; when appeal to minister lies. Any consul when sitting alone may also decide all ases in which the fine imposed does not exceed $500, r the term of imprisonment does not exceed ninety ays; but in all such cases, if the fine exceeds $100, r the term of imprisonment for misdemeanor exeds sixty days, the defendants or any of them, if lere be more than one, may take the case, by apal, before the minister, if allowed jurisdiction, her upon errors of law or matters of fact, under ch rules as may be prescribed by the minister for ? prosecution of appeals in such cases. (R. S. 089.)

DERIVATION ct June 22, 1860, ch. 179, § 9, 12 Stat. 74. 2. Calling in associates in criminal cases; reference to minister on disagreement. henever, in any case, the consul is of opinion , by reason of the legal questions which may arise ain, assistance will be useful to him, or whenever of opinion that severer punishments than those fied in the preceding sections will be required, hall summon, to sit with him on the trial, r more citizens of the United States, not exceedjur, and in capital cases not less than four, who be taken by lot from a list which had previously iubmitted to and approved by the minister, and be persons of good repute and competent for ity. Every such associate shall enter upon the his judgment and opinion, and shall sign the but the consul shall give judgment in the case. consul and his associates concur in opinion, cisions shall, in all cases, except of capital s and except as provided in section 150 of e, be final. If any of the associates differ in

from the consul, the case, without further ings, together with the evidence and opinions, referred to the minister for his adjudication, y entering up judgment therein, or by rethe same to the consul with instructions how od therewith. (R. S. § 4106.)

$500, he shall summon, to sit with him on the hearing of the case, not less than two nor more than three citizens of the United States, if such are residing at the port, who shall be taken from a list which had previously been submitted to and approved by the minister, and shall be of good repute and competent for the duty. Every such associate shall note upon the record his opinion, and also, in case he dissents from the consul, such reasons therefor as he thinks proper to assign; but the consul shall give judgment in the case. If the consul and his associates concur in opinion, the judgment shall be final. If any of the associates differ in opinion from the consul, either party may appeal to the minister, under such regulations as may exist; but if no appeal is lawfully claimed, the decision of the consul shall be final. (R. S. § 4107.)

DERIVATION Act June 22, 1860, ch. 179, § 11, 12 Stat. 74. $ 154. Evidence; how taken.

In all cases, criminal and civil, the evidence shall be taken down in writing in open court, under such regulations as may be made for that purpose; and all objections to the competency or character of testimony shall be noted, with the ruling in all such cases, and the evidence shall be part of the case. (R. S. § 4097.)

DERIVATION Act June 22, 1860, ch. 179, $ 12, 12 Stat. 75. 8 155. Punishment generally; contempt.

In all cases, except as, in sections 141-143, 145 159, 163–174, 176—181, 183, 211, 212, 218, 219, 251– 258, and 1172 of this title, sections 701-704 of Title 28, and sections 21–24 of Title 50, otherwise provided, the punishment of crime provided for by said sections shall be by fine or imprisonment, or both, at the discretion of the officer who decides the case, but subject to the regulations in said sections contained, and such as may hereafter be made. It shall, however, be the duty of such officer to award punishment according to the magnitude and aggravation of the offense. Every person who refuses or neglects to comply with the sentence passed upon him shall stand committed until he does comply, or is discharged by order of the consul, with the consent of the minister in the country. (R. S. $ 4101.)

DERIVATION
Act June 22, 1860, ch. 179, § 14, 12 Stat. 75.

REFERENCES IN TEXT Sections 701-704 of Title 28, referred to in the text, were repealed by act June 25, 1948, ch. 646, $ 39, 62 Stat. 992, eff. Sept. 1, 1948, and are now covered by sections 1782 and 1785 of Title 28, Judiciary and Judicial Procedure.

Section 211 of this title, referred to in the text, was repealed by act July 3, 1926, ch. 772, § 4, 44 Stat. 887, and is now covered by section 211a of this title.

Section 219 of this title, referred to in the text, was repealed by act June 25, 1948, ch. 645, $ 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by section 1541 of Title 18, Crimes and Criminal Procedure.

Sections 251 and 255 of this title, referred to in the text, were repealed by act June 25, 1948, ch. 645, $ 21, 62 Stat. 862, eff. Sept. 1, 1948, and are now covered by sections 112 and 1645 of Title 18, Crimes and Criminal Procedure.

DERIVATION e 22, 1860, ch. 179, $ 10, 12 Stat. 74.

REFERENCES IN TEXT 'preceding sections" referred to in the text of ice, presumably mean sections 4062-4105 of the tatutes. For distribution of such sections in see Tables.

sdiction of consuls in civil cases; finality; ates in civil cases; reference to minister on eement.

the consuls mentioned in section 141 of hall have at the port for which he is apirisdiction as herein provided, in all civil ing under such treaties, respectively, e damages demanded do not exceed the 0; and, if he sees fit to decide the same , his decision thereon shall be final. But e is of opinion that any such case involves xities, and that assistance will be useful vhenever the damages demanded exceed

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