CONSULAR COURTS. By Act of June 22, 1860, ministers and consuls are invested with judicial authority in China, Japan, Si am, 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 juris diction in civil cases "in matter of contract" embracing "all controversies between citi zens 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 re quire. 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 deficien cies.
A consul alone may decide all cases when the fine does not exceed $500, or the im prisonment 90 days ; but if the former ex ceeds $100 or the latter 60 days, an appeal on the law and facts lies to the minister.
If there be no minister in any such coun try, his duties devolve upon the Secretary of State.
The act is extended to Persia as to dis putes between United States citizens ; and by amendment (June 14, 1878) to Tripoli, Tunis, Morocco, Muscat and the Samoan Islands and to countries with which an ap plicable treaty shall be negotiated.
In China and Japan (Act of July 1, 1870), 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 Cali fornia; 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 on July 17, 1899, consular jurisdiction in Japan should "absolutely and without notice cease and determine." 2 Moore, Int. Dig. 659.
By Act of March 23, 1874, the president may suspend the Act of June 22, 1860, as to the territory of the Sublime Porte and Egypt, or either of them, upon the organiza tion of judicial tribunals by the Ottoman Government and accept such tribunals. See
MIXED TRIBUNALS.
In China (Act of June 30, 1906), consular courts have the above jurisdiction in civil eases where the sum or value of the prop erty does not exceed $500, and in criminal cases where the punishment cannot exceed $100 fine or 60 days imprisonment ; all oth er jurisdiction is given by that 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 punish ments than those specified will be required, he shall summon not exceeding four citi zens 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 damdges exceed $500, he shall call in two or three citizens of the United States to sit with him. If all agree, the judgment is final. If any associate differs from the consul, either party may appeal to the min ister, but if there be no appeal, the decision of the consul is final.
The constitutional guaranty of trial by jury and indictment by grand jury does not apply to consular courts in trying offenses committed in a foreign country. In re Ross, 140 U. S. 453, 11 Sup. Ct. 897, 35 L. Ed. 581. The jurisdiction of home courts over offenses on the high seas does not ex clude the jurisdiction of a consular court if the offender is not taken to the United States ; id.