United States Code

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. S. § 1688, related to the prohibition against uniforms and official costumes, and is now covered by section 803 of this title.

Section 40, R. S. § 1674, as amended Feb. 5, 1915, ch. 23, §6, 38 Stat. 806; July 1, 1916, ch. 208, 39 Stat. 252; May 24, 1924, ch. 182, § 2, 43 Stat. 140, related to the definition of diplomatic offices, and is now covered by section 802 of this title.

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

§41. Transferred.

CODIFICATION

Section transferred to note set out under section 901 of this title.

this S$51, 51a. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (2, 7), 60 Stat. 1035.

82.194

Cated

Bet o

Section 51, R. S. § 1674, as amended Feb. 5, 1915, ch. 23, § 6, 38 Stat. 806, related to the official designations in the consular service, is not now covered.

Section 51a, R. S. § 1695, as amended Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100; Feb. 5, 1915, ch. 23, § 6, 38 Stat. 806, related to the appointment of vice-consuls and consular agents, and is now covered by sections 938 and 951 of this title.

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

$$ 55, 56. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (7, 51), 60 Stat. 1036.

Section 55, R. S. § 1695, related to the limits of consulates, and is now covered by section 908 of this title.

Section 56, acts Feb. 27, 1925, ch. 364, 43 Stat. 1017; Apr. 29, 1926, ch. 195, title I, 44 Stat. 333; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1182, related to the appointment of consular clerks, and is now covered by section 936 of this title.

Effective date of repeal, see note set out under section 01 of this title.

57. Repealed. Feb. 23, 1931, ch. 276, § 6, 46 Stat. 1207, eff. July 1, 1931.

Section, act Apr. 5, 1906, ch. 1366, § 5, 34 Stat. 101, related citizenship requirements of consular clerks, and is not w covered.

58. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (8), 60 Stat. 1036.

lection, R. S. § 1696, related to expenses of vice consulate consular agency, and is not now covered. Effective date of repeal, see note set out under section of this title.

. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (11), 60 Stat. 1036.

ection, R. S. § 1714, related to construction of powers duties of consular officers, and is not now covered. 24626°53-vol. 2— -81

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

§§ 72-79. Transferred.

CODIFICATION

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

§§ 80-82. Repealed. Aug. 13, 1946, ch. 957, title XI, § 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 Stat. 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.

§§ 83-98. Transferred.

CODIFICATION

Sections 83-98 transferred to sections 1180-1195, respectively, of this title.

§ 99. 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.

S$ 100-104. Transferred.

CODIFICATION

Sections 100-104 transferred to sections 1196-1200, respectively, of this title.

§ 105. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (12), 60 Stat. 1036.

Section, R. S. § 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.

§§ 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.

Section, R. S. § 1706; act Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, which related to allowance for office rent of consulates, is in the opinion of the Secretary of State no longer operative.

§§ 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.

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.

§ 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.

§§ 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.

§§ 127, 128. Transferred.

CODIFICATION

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

S$ 129-130b. Repealed. Aug. 13, 1946, ch. 957, title XI, SS 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.

§ 131. Transferred.

CODIFICATION

Section transferred to section 1203 of this title.

Appellate jurisdiction of minister; new trials. 166. Jurisdiction of minister to try capital and felony

cases.

167. Prevention of American citizens from enlisting with foreign countries.

168. Marshals of consular courts; appointment and salary. 169.

§ 132. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (18), 60 Stat. 1036.

Execution and return of process by marshal.

Section, R. S. § 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.

§ 133. Repealed. May 7, 1926, ch. 250, § 7, 44 Stat. 405.

"Minister" and "consul" defined.

Responsibility as judicial officers.

180.

Power of consuls in uncivilized countries or countries not recognized by treaties.

§ 141. Judicial authority generally.

To carry into full effect the provisions of the treaties of the United States with certain foreign countries, the ministers and consuls of the United States in China, Siam, Turkey, Morocco, Muscat, ** Abyssinia, Persia, and the territories formerly a part of the former Ottoman Empire including Egypt, duly appointed to reside therein, shall, in addition to other powers and duties imposed upon them, respectively, by the provisions of such treatles, respectively, be invested with judicial authority described 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, which shall appertain to the office of minister and consul, and be a part of the duties belonging thereto, wherein, and so far as, the same is allowed by treaty, and in accordance with the usages of the countries in their intercourse with the Franks or other foreign Christian nations. (R. S. §§ 4083, 4125, 4126, 4127; June 14, 1878, ch. 193, 20 Stat. 131.)

DERIVATION

R. S. § 4083 was from act June 22, 1860, ch. 179, § 1, 12 Stat. 72; act July 28, 1866, ch. 296, § 11, 14 Stat. 322; act July 1, 1870, ch. 194, § 1, 16 Stat. 183.

R. S. §§ 4125-4127 were from act June 22, 1860, ch. 179, §§ 21, 28, 29, 12 Stat. 76, 78.

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 ext, were repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and are now covered by secions 112 and 1545 of Title 18, Crimes and Criminal rocedure.

CHANGE OF NAME OF COUNTRIES

Siam is now known as Thailand, Abyssinia as Ethiopia, id Persia as Iran.

CROSS REFERENCES

Provisions of sections 141-143, 145-159, 163-174, 176l, 183, 211, 212, 218, 219, 251-258, and 1172 of this le, sections 1782 and 1785 of Title 28, and sections 21-24 Title 50 extended to any country of like character with ich the United States may enter into treaty relations, section 177 of this title.

[2. General jurisdiction in criminal cases. The officers mentioned in section 141 of this title fully empowered to arraign and try, in the manprovided in sections 141-143, 145-159, 163176-181, 183, 211, 212, 218, 219, 251-258, and of this title, sections 701-704 of Title 28, and ions 21-24 of Title 50, all citizens of the United

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

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.

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.

§ 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. Vice consul 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.

§ 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 generally.

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, 145159, 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

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.

§ 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

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.

§ 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

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.

§ 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 cases in which the fine imposed does not exceed $500, or the term of imprisonment does not exceed ninety days; but in all such cases, if the fine exceeds $100, or the term of imprisonment for misdemeanor exEceeds sixty days, the defendants or any of them, if there be more than one, may take the case, by appeal, before the minister, if allowed jurisdiction, either upon errors of law or matters of fact, under such rules as may be prescribed by the minister for the prosecution of appeals in such cases. (R. S. § 4089.)

DERIVATION

Act June 22, 1860, ch. 179, § 9, 12 Stat. 74.

§ 152. Calling in associates in criminal cases; reference to minister on disagreement.

Whenever, in any case. the consul is of opinion that, by reason of the legal questions which may arise therein, assistance will be useful to him, or whenever he is of opinion that severer punishments than those specified in the preceding sections will be required, he shall summon, to sit with him on the trial, one or more citizens of the United States, not exceeding four, and in capital cases not less than four, who shall be taken by lot from a list which had previously been submitted to and approved by the minister, and shall be persons of good repute and competent for the duty. Every such associate shall enter upon the record his judgment and opinion, and shall sign the same; but the consul shall give judgment in the case. If the consul and his associates concur in opinion, the decisions shall, in all cases, except of capital offenses and except as provided in section 150 of this title, be final. If any of the associates differ in opinion from the consul, the case, without further proceedings, together with the evidence and opinions, shall be referred to the minister for his adjudication, either by entering up judgment therein, or by remitting the same to the consul with instructions how to proceed therewith. (R. S. § 4106.)

DERIVATION

Act June 22, 1860, ch. 179, § 10, 12 Stat. 74.

REFERENCES IN TEXT

Words "preceding sections" referred to in the text of first sentence, presumably mean sections 4062-4105 of the Revised Statutes. For distribution of such sections in the Code, see Tables.

§ 153. Jurisdiction of consuls in civil cases; finality; associates in civil cases; reference to minister on disagreement.

Each of the consuls mentioned in section 141 of this title shall have at the port for which he is appointed, jurisdiction as herein provided, in all civil cases arising under such treaties, respectively, wherein the damages demanded do not exceed the sum of $500; and, if he sees fit to decide the same without aid, his decision thereon shall be final. But whenever he is of opinion that any such case involves legal perplexities, and that assistance will be useful to him, or whenever the damages demanded exceed

$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, § 12, 12 Stat. 75.

§ 155. Punishment generally; contempt.

In all cases, except as, in sections 141-143, 145— 159, 163-174, 176–181, 183, 211, 212, 218, 219, 251258, 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

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.

« iepriekšējā Turpināt »

Grāmatas

United States Code, 2. sējums