Page:United States Statutes at Large Volume 18 Part 1.djvu/863

Trru-: xr.vrr.——FOREIGN RELATIONS. 791 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 reputc and com etent 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. lf any of the associates differ in o inion from the consul. either party may a ipeal to the minister, under such regulations as ma.y exist; but if no appeal is lawfully claimed. the decision of the consul shall be final. _ _ _ Sec. -1108. The jurisdiction allowed by treaty to the ministers. respect- . Wh°'° Jl"!"‘l“" ivelv. in the countries named in section four thousand and eighty-three S; e':;£f§;,`s shall be exercised by them in those countries, respectively, wherever they · 2éj,,,;86i)j m3)' b€· lT9,s.27,vil2,p.i'8. Sec. 1109. The jurisdiction of such ministers in all matters of civil Jqrisrlicticn of redress, or of crimes, except in capital cases for murder or insurrection '“',':‘*:‘°’·“g‘€“,;‘1* against the governments of such countries, respectively, or for offenses gf,??,,;]?`" W °“ against the public peace amountin to felon 1 under the laws of the _ ---—~—-—— United States, shall be appellate 011%: I’»·om'<7i·d, That in cases where a Ib‘d· consular officer is interested, either as party or witness, such minister shall have original jurisdiction. Sec. -1110. All such officers shall be responsible for their conduct to Be¤i•<>11r1l}i|ity¤f the United States, and to the laws thereof, not only as diplomatic or d11*'<{*1*¤;,° ““‘l consular officers, but as judicial officers, when they perform judicial ('SYN M (LET' duties, and shall ‘be held liable for all negligences and misconduct as puh- _?? -11111%- ¤*i0;_1‘- lic Omccrs. 149,s..Z.·l,v.l2,p.Ai. Sec. 4111. The President is authorized to appoint marshals for such M=11‘¤·11=1l··<>f<·¢>11- of the consular courts in those countries as he may think proper, not to {TIE" "‘“"`“‘j, exceed seven in number, namely: one in Japan, four in China, one in 22 June, 1860, c. Siam, and one in Turkey, each of whom shall receive a. salary of one }79·**· 25.*-1?·1•· thousand dollars a year, in addition to the fees allowed by the regulations '7‘ of the ministers, res ctively, in those countries. Sec. 4112. lt shaflmbe the duty of the marshals, res ctively. to exe- E1¤¢*<·111i¤¤ and cute all process issued by the minister of the Unitedw States in those ’°i}"’* °€1ff"’*'j°j_ countries, res ·t.ive|y, or by the consul at the port at which they reside, Ibm. and to make diff: return thereof to the officer by whom it was issued. and to conform in all respects to the regulations prescribed by the ministers respectively, in regard to their duties. bac. -1113. Each marshal, before entering upon the duties of his office, j1{f=*1'1' l1<>11<l· shall give bond for the faithful performance thereof in a penal sum not Ibid. to exceed ten thousand dollars, with two sureties to be a proved by the Secretary of State. Such bond shall be transmitted to the &0l‘BlGlll']' of the Treasury. and a certified copy thereof be lodged in the officc of the minister. Sec. -111-1. Whenever an * person desires to bring suit upon the bond Suits on mar- 0f any such marshal, it shall be the duty of the Secretary of the Treas- {TL" E"? _ _ ____ lll')', or of the minister having custody of a copy of the same., to give to Ibid. the person so applying a certified copy therof, upon which suit may be brought and prosecuted with the same effect as could be done upon the original: I’»·m·ided, The Secretary of the Treasury. or the minister to whom the application is made, is satisfied that there is probable cause of action against the marshal. Snr. -1115. Upon a. plea of non est factum, verified upon oath, or any Production of other good cause shown, the court or the consul or llll!llSl`.0l' trying the M111111111 1><>11<1- causc may require the original bond of the marshal in those countries to 1 Ib,,;Q`i"`_ be produced; and it shall be the duty of the Secretary of the Treasury to orward the original bond to the court, or consul, or minister requiring the same. Sec. 4116. All rules, orders, writs, and processes of every kind which Process against are intended to operate or be enforced against any of the marshals, in ¤1¤1‘1*l1¤l·11¤We¤¤¤- any of the countries named in this Title, shall be directed to and exe- °“l°d‘ __c cuted by such persons as may be appointed for that purpose by the min- Ibid. ister or consul issuing the same. s1·—01i—55