Consular Courts

Courts wherein, pursuant to treaty, the consul exercises judicial powers in cases involving the rights of citizens of the country by which he is commissioned. 1 Kent, Comm. 42.

By Act of June 22, 1S60, ministers and consuls are invested with judicial authority in China, Japan. Siam, Egypt and Madagascar, to try and to sentence "all citizens of the United States charged with offences against law committed in such countries" and to issue process in execution of the sentence, and with jurisdiction in civil cases "in matter of contract" embracing "all controversies between citizens of the United States, or others," as provided by treaties. This jurisdiction is exercised in conformity with the laws of the United States as to its citizens, and as to others to the extent that the treaties require. If such laws are not adapted to the object or are deficient in suitable remedies, "common law and equity and admiralty rules" are to be applied. If none of the above provide sufficient remedies, then the ministers shall, by decrees and regulations having the force of law, supply the deficiencies. A consul alone may decide all cases when the fine does not exceed $500, or the imprisonment 90 days; but if the former exceeds $100 or the latter 60 days, an appeal on the law and facts ties to the minister. If there be no minister in any such country, his duties devolve upon the Secretary of State. The act is extended to Persia as to disputes between United States citizens; and by amendment (June 14, 1S78) to Tripoli, Tunis, Morocco, Muscat and the Samoan Islands and to countries with which an applicable treaty shall be negotiated. In China and Japan (Act of July 1, 1S70), an appeal on the law and fact lies when the matter in dispute exceeds $500 and does not exceed $2,500, exclusive of costs; on final judgment exceeding $2,500, an appeal lies to the district court for the district of California; there is a like appeal by a person charged with crime. By treaty between the United States and Japan, Nov. 22, 1894, it was provided that cease and determine." 2 Moore, Int. Dig. Co'J.. By Act of March 23, 1874, the may suspend the Act of June 22, 1860, as to the territory of the Sublime Porte and Egypt, or either of them, upon the organization of judicial tribunals by the Ott Government and accept such tribunals. See Mixed Tbxbi nals. In China (Act of June 30, 1906), consular courts have the above jurisdiction in civil where the sum or value of the properly does not exceed $500, and in criminal where the punishment cannot e $100 fine or 60 days imprisonment; all other jurisdiction is given by thai act to the "United States Court for China." See China. The vice-consul at Shanghai (Act of March 2, 1909) exercises such judicial functions in the place of the consul-general. The judicial system of the United States in China was held to be constitutional in Forbes v. Scannell, 13 Cal. 242. By Act of June 22, 1860, insurrection against any of the countries named, and murder, are punishable with death. Such cases, and also felonies, are tried before the minister. In criminal cases of legal difficulty, or when the consul deems that severer punishments than those specified will be required, he shall summon not exceeding four citizens of the United States, and in capital cases not less than four, to sit with him in the trial. The consul may alone decide civil cases when the damages demanded do not exceed $500, but if he is of opinion that any such cases involve legal perplexities, or such damages exceed $500, he shall call in two or three citizens of the United E to sit with him. If all agree, the judgment is final. If any associate differs from the consul, either party may appeal to the minister, but if there be no appeal, the decision of the consul is final. The constitutional guaranty of trial Injury and indictment by grand jury does not apply to consular courts in trying offenses committed in a foreign country. In re

Courts held by the consuls of one country, within the ter ritory of another, under authority given by treaty, for the settlement of civil cases be tween citizens of the country which the consul represents. In sore instances they have also a criminal jurisdiction, but in this re spect are subject to review by the courts of the home government. See Rev. St. U.S. § 4083.