31. Replevin.-Before granting a writ of replevin the consul shall require petitioner to file a sufficient bond, with two responsible sureties, for double the value of the property to be replevied, one an American citizen, or petitioner may deposit the required amount.

II. TENDER, ETC.

32. Before a creditor files his petition in contract, his debtor may make an absolute and unconditional offer of the amount he considers due by tendering the money in the sight of the creditor or his legal representative.

33. Deposit.—If not accepted, the debtor shall, at his own risk and paying the charges, deposit the money with the consul, who shall receipt to him and notify the creditor.

34. Demand or withdrawal.-It shall be paid to the creditor at any time, if demanded, unless previously withdrawn by the depositor.

35. Costs. If the depositor does not withdraw his deposit, and, upon trial, is not adjudged to have owed petitioner at the time of the tender more than its amount, he shall recover all his costs.

36. Offer to be defaulted.-At any stage of a suit in contract or wrong, defendant may file an offer to be defaulted for a specific sum and the costs up to that time; and if petitioner chooses to proceed to trial, and does not recover more than the sum offered and interest, he shall pay all defendant's costs arising after the offer, execution issuing for the balance only.

III.-REFERENCE.

37. When parties agree to a reference, they shall immediately file a rule, and the case be marked "referred;" a commission shall then issue to the referees, with a copy of all papers filed in the case.

38. Award and acceptance.-The referees shall report their award to the consul, who shall accept the same and give judgment and issue execution thereon, unless satisfied of fraud, perjury, corruption, or gross error in the proceedings.

39. When transmitted to minister.-In cases involving more than five hundred dollars, if his acceptance is withheld, the consul shall at once transmit the whole case, with a brief statement of his reasons, and the evidence therefor, to the minister, who shall give his judg ment on the award, or grant a new trial before the consul.

IV.-APPEAL.

40. Must be within one day.-Appeals must be claimed before three o'clock in the afternoon of the day after judgment, (excluding Sunday;) but in civil cases, only upon sufficient security.

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 his 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. Slares not to be held.-No consul shall recognize the claim of any American citizen arising out of a violation of the provisions of the act of Congress approved February 19, 1862, relating to the "coolie trade," so called, nor any claim which involves the holding 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 a consul, such consul may issue his writ of habeas corpus, directing such citizen to bring said person, if in his custody or under his 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 libeller's property to such an amount and on such terms as he may think proper.

27 D C *

48. Husband to advance money.-He may also, at his discretion, order the husband to advance his wife, or pay into court, a reasonable sum to enable her to prosecute or defend the libel, with a 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 his jurisdiction shall likewise be recorded.

X.—BANKRUPTCY, PARTNERSHIP, PROBate, etc.

55. Until promulgation of further regulations, consuls will 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 specially 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 and prosecutions instituted by or against American seamen, the consul may, at his discretion, suspend any of these rules in favor of the seamen when, in his opinion, justice, humanity and public policy require it.

XII.-CRIMINAL PROCEEDINGS.

57. How commenced.-Complaints and informations against American citizens should always be signed and sworn to before the consul when the complainant or informant is at or near the consul's port.

58. How authenticated.-All complaints and informations not so signed and sworn to by a citizen of the United States, and all complaints and informations in capital cases, must be authenticated by the consul's certificate of his knowledge or belief of the substantial truth of enough of the complaint or information to justify the arrest of the party charged.

59. Copy of accusation.-No citizen shall be arraigned for trial until the offence charged is distinctly made known to him by the consul in respondent's own language. In cases of magnitude, and in all cases when demanded, an attested copy (or translation) of the com plaint, information, or statement, authenticated by the consul, shall be furnished to him in his own language, as soon as may be after his arrest.

60. Presence of accuser.-The personal presence of the accuser is indispensable throughout

the trial.

61. May testify. He shall be informed of his right to testify and cautioned that if he chooses to offer himself as a witness, he must answer all questions that may be propounded by the consul or his order, like any other witness.

62. American witnesses compelled to attend.-The government and the accused are equally entitled to compulsory process for witnesses within their jurisdiction; and if the consul believes the accused to be unable to advance the fees, his necessary witnesses shall be summoned at the expense of the United States.

63. Fine and cost.-When punishment is by fine, costs may be included or remitted st the consul's discretion. An alternative sentence of thirty days' imprisonment shall take effect on non-payment of any part of the fine or costs adjudged in any criminal proceeding.

64. Any prisoner, before conviction, may be admitted to bail by the consul who tries him, except in capital cases.

65. Capital cases.-No prisoner charged with a capital offence shall be admitted to bail where the proof is evident, or the presumption of his guilt great.

66. After conviction.-After conviction and appeal the prisoner may be admitted to bail only by the minister.

67. American bail.—Any citizen of the United States offering himself as bail shall sign and swear, before the consul, to a schedule of unincumbered property of a value at least double the amount of the required bail.

68 Foreign bail.-Any other proposed bail or security shall sign and swear before the consul to a similar schedule of unincumbered personal property within the local jurisdiction of the consulate, or he may be required to deposit the amount in money or valuables with the consul.

69. Two sureties.-Unless such sufficient citizen becomes bail, or such deposit be made, at least two sureties shall be required.

70. Surrender.—Any American bail may have leave of the consul to surrender his principal on payment of all costs and expenses.

71. Prosecutor may be required to give security.-Any complainant, informant, or prosecutor may be required to give security for all costs of the prosecution, including those of the accused; and every complainant, &c., not a citizen of the United States, shall be so required, unless, in the consul's opinion, justice will be better promoted otherwise; and when such security is refused the prosecution shall abate.

72. Honorable acquittal.-When the innocence of the accused, both in law and intention, is manifest, the consul shall add to the usual judgment of acquittal the word "honorably.' 73. Costs. In such case judgment may be given and execution issued summarily against any informer, complainant, or prosecutor for the whole costs of the trial, including those of the accused, or for any part of either, or both, if the proceeding appears to have been groundless and vexatious, originating in corrupt, malicious, or vindictive motives.

74. Minor offences.-Consuls will ordinarily encourage the settlement of all prosecutions not of a heinous character by the parties aggrieved or concerned.

XIII.-OATHS.

75. Oaths shall be administered in some language that the witness understands.

76. Not Christians.-A witness not a Christian shall be sworn according to his religious belief.

77. Atheist.-An avowed atheist shall not be sworn, but may affirm, under the pains and penalties of perjury; the credibility of his evidence being for the consideration of the consul. 78. Affirmation.-A Christian, conscientiously scrupulous of an oath, may affirm, under the pains and penalties of perjury.

XIV.-DOCKETS, RECORDS, ETC..

79. Civil docket.-Each consul shall keep a regular docket or calendar of all civil actions and proceedings, entering each case separately, numbering consecutively to the end of his term of office, with the date of filing, the names of the parties in full, their nationality, the nature of the proceeding, the sum or thing claimed, with minutes and dates of all orders, decrees, continuances, appeals, and proceedings, until final judgment.

80. Criminal --He shall keep another regular docket for all criminal cases, with sufficient similar memoranda.

81. Filing papers.—All original papers shall be filed at once and never removed; no person but an officer of the consulate or minister should be allowed access to them. All papers in a case must be kept together in one enclosure, and numbered as in the docket, with the parties' names, the nature of the proceeding, the year of filing the petition, and of final judg ment conspicuously marked on the enclosure, and each year's cases kept by themselves in their order.

XV.-LIMITATION OF ACTIONS AND PROSECUTIONS.

82. Criminal.--Heinous offences not capital must be prosecuted within six years; minor offences within one.

83. Civil.-Civil actions, based on written promise, contract, or instrument, must be commenced within six years after the cause of action accrues; others within two.

84. Absence; fraudulent concealment.-In prosecutions for heinous offences not capital, and in civil cases involving more than $500, any absence of respondent or defendant for more than three months at a time from China shall be added to the limitation; and in civil cases involving more than $100, the period during which the cause of action may be fraudulently concealed by defendant shall likewise be added.

XVI.-GENERAL PROVISIONS.

85. Trials public.-All trials and proceedings in the United States consular courts in China shall be open and public.

86. Interpreting and translating.-Papers and testimony in a foreign language shall be translated into English by a sworn interpreter appointed by the consul; in civil cases to be paid by petitioner. Oaths and questions shall be translated by the interpreter from the English for any witness who does not understand English.

87. Testimony.-Parties may be required to file their petitions, answers, complaints, informations, and all other papers addressed to the court in English; or they may be translated by the interpreter at the consul's discretion. All testimony must be taken in writing in open court by the consul or his order, and signed by the witness, after being read over to him for his approval and correction, and it shall form part of the papers in the case.

88. Adjournment.—The consul may adjourn his court from time to time and place to place within his jurisdiction, always commencing proceedings and giving judgment at the consu

late.

89. Officer.-All processes not served by the consul personally must be executed by an officer of the consulate, who shall sign his return, specifying the time and mode of service, and annexing an account of his fees.

90. Copies on appeal.-On appeal, copies of all the papers must be paid for in advance by the appellant, except in criminal cases where respondent is unable to pay.

91. Copies.-Any person interested is entitled to a copy of any paper on file, on prepay. ment of the fee.

92. Reasonable clearness, precision, and certainty should be required in the papers, and substantial justice and all practicable despatch is expected in the decisions.

93. Definition of consul.-The word "consul" is intended to include the consul general, and any vice-consul or deputy consul actually exercising the consular power at any consulate, unless the sense requires a more limited construction.

94. Associates.-Each associate in a consular trial shall, before entering on his duties, be sworn by the consul. Before taking the oath he may be challenged by either party, and for sufficient cause excused and another drawn.

95. Contempt.-Consuls will always preserve order in court, punishing summarily any contempt committed in their presence, or any refusal to obey their lawful summons or order, by imprisonment not exceeding twenty-four hours, or by fine not exceeding fifty dollars and

costs.

96. Attorney. Every party to a civil or criminal proceeding may be heard in person, or by attorney of his choice, or by both; but the presence of counsel shall be under the exclusive control and discretion of the consul.

97. Accounts. The accounts of the consular courts shall be kept in United States currency; and every order of deposit, decree of costs, taxation of fees, and, generally, every paper issuing originally from the court, shall be expressed in dollars and cents, and satisfied in United States metallic currency, or its equivalent.

XVII.-FEES.

98. In consular court

In all cases where the amount in question is not more than $500.

In all cases where it is over $500.....

In all cases where no specific damages are sought, the fee shall be $5 for minor, and $15 for greater cases.

$5.00 15.00

99. Clerk's fees

For issuing all writs, warrants, attachments, or other compulsory process.

For docketing every suit commenced..

150 1 CO

For drawing every notice, paper, order, or process, not otherwise provided for..
And if it exceed 200 words, for every additional hundred words.

2.00

1.00

For every seal to process issued..

1.00

For filing each paper upon the return of the marshal, and all other papers filed in court. 100. Marshal's fees

10

For apprehending a deserter and delivering him on board the vessel deserted from, to be paid by the vessel before leaving port...

5.00

For serving any writ, warrant, attachment, or other compulsory process, each person.
For serving summons.

For searching for the same, and if not found, to be certified by the consul, and on his order to be paid by said ship....

2.00

2.00

1.00

For returning all writs, attachments, warrants, and summons, each..

For returning subpœna.............

For levying execution...

For releasing property under execution, by order of plaintiff.

For selling property under execution when the amount collected does not ex

For making collections under $200, in cases where no adjudication has taken place 5 per cent. If the amount exceed $200..

25

3.00

1.50

2.00

For travelling fees in serving all processes, each mile....

21

For serving every notice not hereinafter provided for, in addition to the usual traveling fees...

$0.15

0.50

102. Witnesses' fees

For every day's attendance at court..

For each mile travelled in going to and returning from court...

103. Crier's fees.

On trial of every suit.

104. Citizen associate's fees

For each day's attendance....

105. Costs for prevailing party

All necessary court fees paid out.

3 00 2.00

1 00

1 50

0 15

1 00

3.00

XVIII.-PROVISO.

106. All decrees heretofore issued by authority of the commissioners and ministers 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 exercised by consuls in China not inconsistent herewith.

SIR: I have the honor to transmit to you herewith a certified copy of each of the decrees of April last, which have already received your approval. They will be made public at this port on the day named in the notification, and it is expected that they will reach you in time for circulation on the same date.

In reply to inquiries which have been made, I have to state that no new forms of processes have as yet been prescribed. The experience of the various consular officers will readily effect the changes which may become necessary under the new regulations.

The fee headed "in consular court" is, together with all fines imposed, to be brought to the credit of the United States in the account required by section 17th of the act of Congress. The clerks' and marshals' fees may, as heretofore, be passed to those officers.

The judicial report, form 132, should be regularly transmitted, as required in section 312,