United States Code

§ 8. Recommissioning diplomatic and consular officers. CODIFICATION

Section, act May 24, 1924, ch. 182, § 7, 43 Stat. 141, related to recommissioning diplomatic and consular officers on July 1, 1924, and has been omitted from the Code as executed.

§ 9. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (25), 60 Stat. 1037.

Section, acts Apr. 5, 1906, ch. 1366, § 4, 34 Stat. 100; May 24, 1924, ch. 182, § 10, 43 Stat. 142, renumbered § 17, and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1209, related to the inspection of diplomatic and consular offices, and is covered by section 963 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of section as effective Nov. 13, 1946, see note set out under section 801 of this title.

§ 10. Abolition of grade of consular assistant.

CODIFICATION

Section, act May 24, 1924, ch. 182, § 8, 43 Stat. 142, redesignated § 14 and amended Feb. 23, 1931, ch. 276, §7 (14), 46 Stat. 1208, abolished the grade of consular assistant and provided against a reduction of the salaries of consuls of class 1 and consuls general of class 1 by their reclassification and recommissioning. §§ 11, 12. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (38, 39), 60 Stat. 1038.

Section 11, R. S. §§ 1697, 1698, as amended Dec. 21, 1898, ch. 36, §§ 1, 2, 30 Stat. 770, 771; May 24, 1924, ch. 182, § 9, 43 Stat. 142, renumbered § 16, and amended Feb. 23, 1931, ch. 276, §§ 7, 15, 46 Stat. 1208; May 3, 1945, ch. 105, § 7, 59 Stat. 103, related to bonds of officers, and is covered by section 808 of this title.

Section 12, act May 24, 1924, ch. 182, § 12, 43 Stat. 142, renumbered § 19 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1209; May 3, 1945, ch. 105, § 8, 59 Stat. 104, related to living, representation, and post allowances, and is covered by section 1131 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections as effective Nov. 13, 1946, see note set out under section 801 of this title.

§ 13. Fees, accounting; stamps.

CODIFICATION

Section transferred to section 812 of this title.

S$ 14-23j. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (4, 29, 40-50, 53, 59-63), 60 Stat. 1035. Section 14, act May 24, 1924, ch. 182, § 13, 43 Stat. 143, renumbered § 20 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1209, related to private secretaries to ambassadors, and is not covered.

Section 15, act May 24, 1924, ch. 182, § 14, 43 Stat. 143, renumbered § 21 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1209; May 3, 1945, ch. 105, § 9, 59 Stat. 104, related to assignment of officers for duty in the Department of State or any other department or agency of the Government, and is covered by sections 961-963 of this title. Section 16, act May 24, 1924, ch. 182, § 14, 43 Stat. 143, renumbered § 21 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1209; May 3, 1945, ch. 105, § 9, 59 Stat. 104, related to assignment to special details, and is covered by sections 963-967 of this title.

Section 17, act May 24, 1924, ch. 182, § 15, 43 Stat. 143, renumbered § 22 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1210; Mar. 17, 1941, ch. 20, 55 Stat. 44, related to ordering of personnel to United States on statutory leave, and is covered by section 1148 of this title.

Section 17a, act May 24, 1924, ch. 182, § 22, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1210, related to leave of absence and sick leave, and is covered by sections 1146-1150 of this title.

Section 18, acts July 1, 1916, ch. 208, 39 Stat. 252; May 24, 1924, ch. 182, § 16, 43 Stat. 143, renumbered § 23 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1210, related

to the appointment of a Foreign Service officer as counselor of embassy or legation, and is not covered.

Section 19, act May 24, 1924, ch. 182, § 17, 43 Stat. 143, renumbered § 24, and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1210, related to Foreign Service officers acting as commissioner, chargé d'affaires, etc., and is covered by section 909 of this title.

Section 20, R. S. § 1685; act Mar. 2, 1909, ch. 235, 35 Stat. 673; Feb. 5, 1915, ch. 23, § 3, 38 Stat. 805; May 24, 1924, ch. 182, § 17 (25), 43 Stat. 143; Feb. 27, 1925, ch. 864, title I, 43 Stat. 1016; Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1210, related to compensation of officer acting as chargé d'affaires ad interim, and is covered by section 816 of this title.

Section 21, acts May 24, 1924, ch. 182, § 18 (26), 43 Stat. 144; July 3, 1926, ch. 798, § 1, 44 Stat. 902; Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1211; Apr. 24, 1939, ch. 84, § 3, 53 Stat. 584; July 19, 1939, ch. 330, 53 Stat. 1067; Aug. 5, 1939, ch. 441, 53 Stat. 1208; Apr. 20, 1940, ch. 118, § 1, 54 Stat. 143; Oct. 14, 1940, ch. 859, § 4, 54 Stat. 1118; May 13, 1941, ch. 115, § 1, 55 Stat. 189, eff. Aug. 1, 1941, related to the retirement and disability system, and is covered by subchapter VIII of chapter 14 of this title.

Section 21a, act July 3, 1926, ch. 798, § 2, 44 Stat. 903, related to retirement and disability rights of Chief of Division of Western European Affairs, and is covered by section 1063 of this title.

Section 22, act May 24, 1924, ch. 182, § 19, 43 Stat. 146, renumbered § 27, and amended Feb. 23, 1931, ch. 276, § 7. 46 Stat. 1213, related to recall to active duty of retired officers, and is covered by section 915 of this title.

Section 23, act May 24, 1924, ch. 182, § 20, 43 Stat. 146, renumbered § 28 and amended Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1213, related to making other laws applicable to Foreign Service officers, and is not covered.

Section 23a, act Feb. 23, 1931, ch. 276, § 1, 46 Stat. 1207, amended May 3, 1945, ch. 105, § 2, 59 Stat. 102, related to the administrative, fiscal, and clerical personnel of the Foreign Service, and is covered by sections 861 and 870 of this title.

Section 23b, act Feb. 23, 1931, ch. 276, § 2, 46 Stat. 1207, related to appointment to grade of senior clerk, and is covered by section 937 of this title.

Section 23c, act Feb. 23, 1931, ch. 276, § 3, 46 Stat. 1207, amended Apr. 24, 1939, ch. 84, § 1, 53 Stat. 583; May 3, 1945, ch. 105, § 3, 59 Stat. 102, related to allowances at all posts to clerks to meet excessive costs of living, and is covered by section 1131 of this title.

Section 23d, act Feb. 23, 1931, ch. 276, § 4, 46 Stat. 1207, related to appointment of clerks to serve in a diplomatic mission, and is covered by section 937 of this title.

Section 23e, act Feb. 23, 1931, ch. 276, § 5, 46 Stat. 1207, related to regulations governing clerks, and is covered by section 886 of this title.

Section 231, act May 24, 1924 ch. 182, § 31, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1214, and amended May 3, 1945, ch. 105, § 10, 59 Stat. 105, related to the Board of Foreign Personnel, and is covered by sections 826 and 827 of this title.

Section 23g, act May 24, 1924, ch. 182, § 31, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1214, and amended May 3, 1945, ch. 105, § 10, 59 Stat. 105, related to the Chief of the Division of Foreign Service personnel and the Director of the Office of the Foreign Service, and is covered by section 821 of this title.

Section 23h, act May 24, 1924, ch. 182, § 32, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1214, and amended July 3, 1946, ch. 539, § 5, 60 Stat. 427, related to the Division of Foreign Service Personnel, efficiency ratings, etc., and is covered by sections 826, 827 and subchapter VI of chapter 14 of this title.

Section 231, act May 24, 1924, ch. 182, § 33, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1215, and amended Apr. 24, 1939, ch. 84, § 4, 53 Stat. 588, related to separation of officers from Service, retirement pay, and annuities, and is covered by subchapter VIII of chapter 14 of this title. Section 231, act May 24, 1924, ch. 182, § 34, as added Feb. 23, 1931, ch. 276, § 7, 46 Stat. 1216, related to reduction of salary upon promotion to a higher grade, and is covered by section 882 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections as effective Nov. 13, 1946, see note set out under section 801 of this title.

§§ 23k, 231. Transferred.

CODIFICATION

Sections 23k and 231 transferred to sections 813 and 814, respectively, of this title.

§ 24. Repealed. Aug. 13, 1946, ch. 957, title XI, § 1131 (67), 60 Stat. 1040.

Section, act May 3, 1945, ch. 105, § 12, 59 Stat. 105, related to restriction on the transaction of business by offcers and employees, and is covered by section 805 of this title.

$$ 31-40. Repealed. Aug. 13, 1946, ch. 957, title XI, §1131 (2, 3, 5, 6, 15, 19, 27, 28, 30, 31, 52, 55, 57, 58), 60 Stat. 1035.

Section 31, act Mar. 2, 1909, ch. 235, 35 Stat. 672, related to the restriction against creation of new ambassadorships, and is covered by section 901 of this title.

Section 32, R. S. § 1675, as amended, Mar. 3, 1875, ch. 513, 18 Stat. 483; Feb. 27, 1925, ch. 364, 43 Stat. 1015; Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to appointment and salaries of ambassadors, ministers, etc., and is covered by subchapters IV and V of chapter 14 of this title. Section 32a, act Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to the salary of minister to Liberia, and is covered by sections 866 and 867 of this title.

Section 33, R. S. § 1744, related to citizenship as prerequisite to payment of compensation, and is covered by section 910 of this title.

Section 34, act Sept. 29, 1919, ch. 72, 41 Stat. 291, related to the appointment of an ambassador to Belgium, and is covered by section 901 of this title.

Section 34a, act Jan. 22, 1930, ch. 22, 46 Stat. 57, related to the appointment of an ambassador to Poland, and is covered by section 901 of this title.

Section 34b, act June 5, 1930, ch. 404, 46 Stat. 502, related to the appointment of a minister to the Union of South Africa, and is covered by section 901 of this title.

Section 34c, act June 1, 1922, ch. 204, title I, 42 Stat. 600, related to the appointment of a minister to Egypt, and is covered by section 901 of this title.

Section 35, act Feb. 27, 1925, ch. 364, title I, 43 Stat. 1016, as amended Apr. 29, 1926, ch. 195, title I, 44 Stat. 331; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1180; Feb. 15, 1928, ch. 57, title I, 45 Stat. 65; Jan. 25, 1929, ch. 102, title I, 45 Stat. 1096; Apr. 18, 1930, ch. 184, title I, 48 Stat. 175, related to clerks at embassies and legations, and is covered by sections 936-939 of this title.

Section 36, R. S. § 1686, related to compensation of persons filling two offices, and is not covered.

Section 37, act June 11, 1874, ch. 275, § 1, 18 Stat. 67, related to special allowance to embassy messenger in Paris, and is not covered.

Section 38, act Feb. 5, 1915, ch. 23, § 7, 38 Stat. 807, related to the transaction of business by diplomatic ocers, and is covered by section 805 of this title.

Section 39, R. S. § 1688, related to the prohibition against uniforms and official costumes, and is 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 covered by section 802 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections as effective Nov. 13, 1946, see note set out under section 801 of this title.

§41. Ambassador or minister unable to serve because of emergent conditions abroad; appointment as Foreign Service officer; compensation. CODIFICATION

Section transferred and set out as a note under section 901 of this title.

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

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 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 covered by sections 938 and 951 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections as effective Nov. 13, 1946, see note set out under section 801 of this title.

§ 52. Abolition of certain consular offices.

CODIFICATION

Section, act Feb. 5, 1915, ch. 23, § 6, 38 Stat. 806, abolished offices of vice consul general, deputy consul general, and deputy consul, and has been omitted from the Code as executed.

§ 53. General application of provisions to consular officers.

CODIFICATION

Section transferred to section 1171 of this title.

§ 54. Commercial agents abolished.

CODIFICATION

Section, act Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100, abolished grade of commercial agent, and has been omitted from the Code as executed.

S$ 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 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 covered by section 936 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of sections as effective Nov. 13, 1946, see note set out under section 801 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 to citizenship requirements of consular clerks, and is not covered.

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

Section, R. 8. § 1696, related to expenses of vice consulate or consular agency, and is not covered.

EFFECTIVE DATE OF REPEAL

Repeal of section as effective Nov. 13, 1946, see note set out under section 801 of this title.

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

Section, R. 8. § 1714, related to construction of powers and duies of consular officers, and is not covered.

EFFECTIVE DATE OF REPEAL

Repeal of section as effective Nov. 13, 1946, see note set out under section 801 of this title.

S$ 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. 8. § 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 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 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 covered.

EFFECTIVE DATE OF REPEAL

Repeal of sections as effective Nov. 13, 1946, 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. General duty to account for fees.

All fees, official or unofficial, received by any officer in the Consular Service for services rendered in connection with the duties of his office or as a consular officer, including fees for notarial services, and fees for taking depositions, executing commissions or letters rogatory, settling estates, receiving or paying out moneys, caring for or disposing of property, shall be accounted for and paid into the Treasury of the United States, and the sole and only compensation of such officers shall be by salaries fixed by law. (Apr. 5, 1906, ch. 1366, § 8, 34 Stat. 101; Feb. 5, 1915, ch. 23, §§ 3, 6, 38 Stat. 805, 806; May 24, 1924, ch. 182, § 11, 43 Stat. 142; Aug. 13, 1946, ch. 957, title XI, § 1131 (26), 60 Stat. 1037.)

AMENDMENTS

1946-Act August 13, 1946, amended section by repealing clause providing "but this shall not apply to consular agents, who shall be paid one-half of the fees received in their offices, up to a maximum sum of one thousand dollars in any one year, the other half being accounted for and paid into the Treasury of the United States."

EFFECTIVE DATE OF 1946 AMENDMENT

Amendment of section by act Aug. 13, 1946, effective Nov. 13, 1946, see note 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 and is not covered. EFFECTIVE DATE OF REPEAL

Repeal of section as effective Nov. 13, 1946, see note set out under section 801 of this title.

SS 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.

§ 109. Allowance for office rent of consulates.

CODIFICATION

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. 8. § 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 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 covered.

EFFECTIVE DATE OF REPEAL

Repeal of sections as effective Nov. 13, 1946, 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 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 covered by section 806 of this title.

EFFECTIVE Date of REPEAL

Repeal of sections as effective Nov. 13, 1946, see note set out under section 801 of this title.

SS 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 covered.

Section 130, R. S. 1749, related to allowances of widows, and is 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 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 covered by sections 1136 and 1138 of this title.

EFFECTIVE DATE OF REPEAL Repeal of sections as effective Nov. 13, 1946, see note set out under section 801 of this title.

§ 131. Depositions and notarial acts; perjury.

CODIFICATION

Section transferred to section 1203 of this title.

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

Section, R. 8. § 1752, related to general regulations by President, and is covered by sections 842 and 843 of this title.

141. Judicial authority generally.

142. General jurisdiction in criminal cases.

143. General jurisdiction in civil cases; venue.

144. Vice consul at Shanghai to exercise judicial functions of consul general.

145. System of laws to be applied.

146. Rules and regulations for consular court generally. 147. Assent or dissent of consuls to, and publication of, rules, etc.

148. Transmission of rules, etc., to Secretary of State. 149. Warrant, arrest, trial, and sentence by consul generally.

150. Jurisdiction of consul in criminal cases when sitting alone; when decision final.

151. Jurisdiction of consul in criminal cases when sitting alone; when appeal to minister lies.

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

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

154. Evidence; how taken.

155. Punishment generally; contempt.

156. Capital offenses; requisites for convictions; conviction of lesser offense.

157. Punishment for contempt of court. 158. Execution of criminals; pardons.

159. Fees for judicial services; application of moneys; rendition of accounts.

160. Settlement of criminal cases.

161. Arbitration, reference, and compromise of civil cases. 162. Aid of local authorities invoked.

163. Where jurisdiction of minister exercised.

164. Jurisdiction of minister; when appellate and when original.

165. 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. Execution and return of process by marshal.

170. Bond of marshal.

171. Sult on bond of marshal.

176. Secretary of State to exercise judicial duties when no minister.

177. 178.

179.

180.

181. 182.

General extension to unnamed countries.

"Minister" and "consul" defined.

Responsibility as judicial officers.

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

Applicability of other laws to Turkey.

Suspension by President of consular courts in Turkey and in Egypt.

183. Extension of other laws to Persia; suits between American citizens and subjects of Persia and other countries.

§ 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 treaties, 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.)

REPEALS

Section repealed by Joint Res. Aug. 1, 1956, ch. 807, 70 Stat. 774, to become effective upon date which President determines to be appropriate for relinquishment of consular jurisdiction of United States in Morocco, excepting so far as may be necessary disposition of cases then pending in the consular courts in Morocco.

DERIVATION

R. S. § 4083 was from acts June 22, 1860, ch. 179, § 1, 12 Stat. 72; July 28, 1866, ch. 296, § 11, 14 Stat. 322; 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 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 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 covered by section 1541 of Title 18, Crimes and Criminal Procedure.

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 covered by sections 112 and 1545 of Title 18, Crimes and Criminal Procedure.

CHANGE OF NAME OF COUNTRIES

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

CROSS REFERENCES

Provisions of sections 141-143, 145-159, 163-174, 176— 181, 183, 211, 212, 218, 219, 251-258, and 1172 of this title, sections 1782 and 1785 of Title 28, and sections 21-24 of Title 50 extended to any country of like character with which the United States may enter into treaty relations, see section 177 of this title.

§ 142. General jurisdiction in criminal cases.

The officers mentioned in section 141 of this title are fully empowered to arraign and try, in the manner provided in sections 141-143, 145-159, 163174, 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, 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.)

REPEALS

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 covered by section 211a of this title.

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.)

REPEALS

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.)

REPEALS

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.)

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Books

United States Code, Band 5