issued, and to conform in all respects to the regulations pre-
scribed by the ministers, respectively, in regard to their
duties.'' 25
"Each marshal, before entering upon the duties of
his office, shall give bond for the faithful performance thereof in
a penal sum not to exceed ten thousand dollars, with two sureties
to be approved by the Secretary of State. Such bond shall be
transmitted to the Secretary of the Treasury, and a certified
copy thereof be lodged in the office of the minister." 26 "When-
ever any person desires to bring suit upon the bond of
any
such
marshal, it shall be the duty of the Secretary of the Treasury,
or of the minister having custody of a copy of the same, to give
to the person so applying a certified copy thereof, upon which
suit may be brought and prosecuted with the same effect as could
be done upon the original: Provided, 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 mar-
shal." 27 "Upon a plea of non est factum, verified upon oath,
or any other good cause shown, the court or the consul or min-
ister trying the cause may require the original bond of the
marshal in those countries to be produced; and it shall be the
duty of the Secretary of the Treasury to forward the original
bond to the court, or consul, or minister requiring the same."' 28
"All rules, orders, writs, and processes of every kind which are
intended to operate or be enforced against any of the marshals,
in any of the countries named in this Title, shall be directed to
and executed by such persons as may be appointed for that
purpose by the minister or consul issuing the same." 29 "In
order to organize and carry into effect the system of jurispru-
dence 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

25 U. S. R. S., § 4112, 2 Fed. St. Ann. 825, Pierce's Fed. Code, § 4274.

26 U. S. R. S., § 4113, 2 Fed. St. Ann. 826, Pierce's Fed. Code, § 4275.

27 U. S. R. S., § 4114, 2 Fed. St. Ann. 826, Pierce's Fed. Code, § 4276.

28 U. S. R. S., § 4115, 2 Fed. St. Ann. 826, Pierce's Fed. Code, § 4277.

29 U. S. R. S., § 4116, 2 Fed. St. Ann. 826, Pierce's Fed. Code, § 4278.

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 this Title 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 this Title, as the exigency may demand." 30 "All such regulations, decrees, and orders shall be plainly drawn. up in writing, and submitted, as hereinbefore 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 advice, 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." 31 "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." 32 "It shall be the duty of the minister in each of those countries to establish a tariff of fees for judicial services, which shall be paid by such parties, and to such persons, as the minister shall direct; and the proceeds shall, as far as is necessary, be applied to defray the expenses incident to the execution of this Title; and regular accounts, both of receipts and expenditures, shall be kept by

30 U. S. R. S., § 4117, 2 Fed. St. Ann. 826, Pierce's Fed. Code, § 4279.

31 U. S. R. S., § 4118, 2 Fed. St. Ann. 827, Pierce's Fed. Code, § 4280.

32 U. S. R. S., § 4119, 2 Fed. St. Ann. 827, Pierce's Fed. Code,

§ 4281.

the minister and consuls and transmitted annually to the Secretary of State." 33"The President, when provision is not otherwise made, is authorized to allow, in the adjustment of the accounts of each of the ministers or consuls, the actual expenses of the rent of suitable buildings or parts of buildings to be used as prisons for American convicts in those countries, not to exceed in any case the rate of six hundred dollars a year; and also the wages of the keepers of the same, and for the care of offenders, not to exceed, in any case, the sum of eight hundred dollars per annum. But no more than one prison shall be hired in Japan, four in China, one in Turkey, and one in Siam, at such port or ports as the minister, with the sanction of the President, may designate, and the entire expense of prison and prison-keepers at the consulate of Bangkok, in Siam, shall not exceed the sum of one thousand dollars a year. 34 "The provisions of this Title, so far as the same relate to crimes and offenses committed by citizens of the United States, shall extend to Turkey, under the treaty with the Sublime Porte of May seventh, eighteen hundred and thirty, and shall be executed in the Ottoman dominions in conformity with the provisions of the treaty, and of this Title, by the minister and the consuls appointed to reside therein, who are hereby ex-officio vested with the powers herein conferred upon the ministers and consuls in China, for the purposes above expressed, so far as regards the punishment of crime, and also for the exercise of jurisdiction in civil cases wherein the same is permitted by the laws of Turkey, or its usages in its intercourse with the Franks, or other foreign Christian nations. 35 The provisions of this Title shall extend to Persia, in respect to all suits and disputes which may arise between citizens of the United States therein; and the minister and consuls who may be appointed to reside in Persia are hereby invested, in relation to such suits and disputes, with such powers as are by this Title conferred upon the ministers and consuls in China. All suits and disputes arising in Persia between Persian

33 U. S. R. S., § 4120, 2 Fed. St. Ann. 827, Pierce's Fed. Code, $ 4282.

34 U. S. R. S., § 4121, 2 Fed. St. Ann. 829, Pierce's Fed. Code, § 4283. No longer in Japan and

China Treaty of Nov. 22, 1894, 29
St. at L. 853.

35 U. S. R. S., § 4125, 2 Fed. St. Ann. 828, Pierce's Fed. Code, $ 4287.

subjects and citizens of the United States shall be carried before the Persian tribunal to which such matters are usually referred, at the place where a consul or agent of the United States may reside, and shall be discussed and decided according to equity, in the presence of an employe of the consul or agent of the United States; and it shall be the duty of the consular officer to attend the trial in person, and see that justice is administered. All suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers, shall be tried and adjudicated by the intermediation. of their respective ministers or consuls, in accordance with such regulations as shall be mutually agreed upon by the minister of the United States for the time being, and the ministers of such foreign powers, respectively, which regulations shall from time to time be submitted to the Secretary of State." 36 "The provisions of this title so far as the same are in conformity with the stipulations in the existing treaties between the United States. and Tripoli, Tunis, Morocco, Muscat, and the Samoan or Navigator Islands, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the treaties and of the provisions of this title by the consuls appointed by the United States to reside therein, who are hereby ex officio invested with the powers herein delegated to the ministers and consuls of the United States appointed to reside in the countries named in section four thousand and eighty-three, so far as the same can be exercised under the provisions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages for the countries in their intercourse with the Franks or other foreign Christian Nations. And whenever the United States shall negotiate a treaty with any foreign government, in which the American consul-general or consul shall be clothed with judicial authority, and securing the right of trial to American citizens residing therein before such consul-general or consul, and containing provisions similar to or like those contained in the treaties with the governments named in this act, then said title, so far as the same may be applicable, shall have full force in reference to said treaty, and shall extend

36 U. S. R. S., § 4126, 2 Fed. St. Ann. 829, Pierce's Fed. Code,

to the country of the government negotiating the same." 37 "If at any time there be no minister in either of the countries hereinbefore mentioned, the judicial duties which are imposed by this Title upon the minister shall devolve upon the Secretary of State, who is authorized and required to discharge the same.' "The provisions of this Title relating to the jurisdiction of consular and diplomatic officers over civil and criminal cases in the countries therein named, shall extend to any country of like character with which the United States may hereafter enter into treaty relations." 39 "The word 'minister,' when used in this title shall be understood to mean the person invested with, and exercising, the principal diplomatic functions. The word 'consul' shall be understood to mean any person invested by the United States with, and exercising, the functions of consulgeneral, vice consul-general, consul or vice-consul or a consular agent. Formerly the acting consul 41 or acting consulgeneral 42 could not exercise the jurisdiction conferred by those statutes.43 Where no treaty otherwise provided, it was the opinion of Attorney General Cushing that the authority of consuls of the United States in foreign countries, in cases of crime at sea or in port, was ministerial and not judicial.

40

Consuls have exclusive jurisdiction over disputes between captains and crews of vessels of the United States, including questions of wages, by treaties or conventions, in the following countries: Austria-Hungary, Belgium, Columbia, Denmark, Dominican Republic, France, Germany, Greece, Italy, Kongo Free State, The Netherlands (and colonies), Portugal, Roumania, Salvador, Sweden and Norway, and Tripoli.45 Similar

37 U. S. R. S., § 4127, 2 Fed. St. Ann. 829, Pierce's Fed. Code, $ 4291.

38 U. S. R. S., § 4128, 2 Fed. St. Ann. 830, Pierce's Fed. Code, § 4292.

39 U. S. R. S., § 4129, 2 Fed. St. Ann. 830, Pierce's Fed. Code, § 4293.

40 U. S. R. S., § 4130, 2 Fed. St. Ann. 830, Pierce's Fed. Code, $4294. Act of Feb'y, 1876, as amended by 19 St. at L. 2.