from the decision of a consul. And he shall make all further decrees and regulations from time to time that may be necesзагу. It is the minister's duty, also, to establish a tariff of fees for judicial services to be paid by such parties and to such persons as he shall direct.-R. S., secs. 4117-4120. 641. Usages. The forms and practice in each consular court have now become settled by usage. Each consul will conform to them. If defects in any part of the existing system be discovered, consuls should call the attention of the diplomatic representative of the United States to them. The power of directing a change is vested by law in that officer.— R. S.. secs. 4117–4120. 642. Evidence. In all cases, criminal and civil, the evidence shall be taken down in writing in open court, under such regulations as may be made for that purpose; and all objections to the competency or character of testimony shall be noted, with the ruling in all such cases. The evidence so taken down shall be a part of the case. -R. S., sec. 4097. 643. Appeals to minister. The minister is authorized to hear and decide all cases, criminal and civil, which may come before him on appeal, and to issue all processes necessary to execute the power conferred upon him; and he is fully empowered to decide finally any case upon the evidence which comes up with it, or to hear the parties further, if he thinks justice will be promoted thereby. He may also prescribe the rules upon which new trials may be granted, either by the consul or by himself, if asked for upon sufficient grounds.— R. S., sec. 4091. 644. Appeals to minister, when allowed.-An appeal is allowed from the consul to the minister in the following cases: In civil cases (a) When the consul sits with associates and any of them differ from him. If no appeal is lawfully claimed, the decision shall be final.-R. S., sec. 4107. (b) In China and Japan, whenever the matter in dispute, exclusive of costs, exceeds $500 and does not exceed $2,500.— R. S., sec. 4092. In criminal cases (a) When the consul sits with associates and any of them differ from him. The case shall be referred to the minister for his adjudication.-R. S., sec. 4106. (b) When the consul sits alone and the fine exceeds $100 or the term of imprisonment for the misdemeanor exceeds sixty days. The appeal may be either upon errors of law or matters of fact.-R. S., sec. 4089. 645. Appeal to United States circuit court.-An appeal is allowed from consuls in China and Japan directly to the United States circuit court for the district of California whenever the matter in dispute, exclusive of costs, exceeds $2,500.-R. S., sec. 4093. 646. Judgments of consuls final. The judgments of consuls are final in the following cases: In civil cases (a) When the consul sits alone and the damages demanded do not exceed $500.-R. S., sec. 4107. (b) When the consul sits with associates and they concur with him; except that in China and Japan, if the matter in dispute exceeds $500, exclusive of costs, an appeal is allowed.R. S., secs. 4092, 4107. In criminal cases (a) When the consul sits alone and the fine does not exceed $100 or the term of imprisonment for the misdemeanor does not exceed sixty days.-R. S., sec. 4105. (b) When the consul sits with associates and they concur with him, except in capital cases.-R. S., sec. 4106. 647. Appeal from minister.-In China and Japan an appeal is allowed from the minister to the United States circuit court 17824 C R-18 for the district of California (1) on any final judgment given in the exercise of original jurisdiction, when the matter in dispute, exclusive of costs, exceeds $2,500; and (2) on any final judgment given in the exercise of original or appellate criminal jurisdiction, if the person charged with the crime or offense considers the judgment erroneous in point of law. But such an appeal does not operate as a stay of proceedings, unless the minister certifies that there is probable cause to grant the same.-R. S., secs. 4094, 4095. 648. Appeal record. The record on appeal from a consular court should include the pleadings, depositions, and all other proceedings in the case and show an allowance of the appeal. The transcript should be a single document, certified at the end as being a full and correct copy of the proceedings in the case and authenticated by the official signature and the seal of the consul.-5 Saw., 79. 649. Marshals. It is the duty of marshals to execute all process issued by the minister of the United States, or by the consuls at the port at which they reside, and to make due return thereof to the officer by whom it was issued, and to conform in all respects to the regulations prescribed by the minister in regard to their duties. They shall also make quarterly returns to the Secretary of State, showing the nature of each case determined in the consular court, the proceedings in connection therewith, and the disposition of the fines and fees (Form No. 137). The quarterly report of a marshal should be sent to the Department of State by the consul at the same time with other quarterly reports.-R. S., sec. 4112. 650. Report on condition of estates of decedents.-Consular officers charged with the judicial functions referred to in this article will make a semi-annual report to the Department of State in the case of each estate of deceased American citizens that has come within their probate jurisdiction. (Paragraph 586). The first report shall be made within six months after the death and subsequent reports at the end of every six months; but the Department may at any time call for such special reports as it may deem proper. These reports will embrace the amount of the decedent's estate, both personal and real; the names of the parties interested, so far as known; the name of the administrator or of the executor, if there be a will; the exact amount of money that has come to the hands of the court or to those of the administrator or executor; if there has been any distribution of the estate, the amount of such distribution and to whom made; and the amount of all expenses and court or other fees received. They should also contain a clear statement of the judicial proceedings in each case, together with any information that will enable the Department to reach an accurate understanding of its condition. 651. Moneys of estates to be delivered up. Upon the entry on duty of a successor to a consul, the outgoing consul shall turn over to the former all moneys that may be in his hands belonging to the estates of deceased citizens, taking triplicate receipts therefor, one of which is to be retained by the outgoing consul, one deposited in the consulate, and the third transmitted to the Department of State. If a consul is rei moved, or if he resigns and leaves his post before the arrival of his successor, the transfer of such moneys shall be made to the vice-consular officer and like receipts taken. 652. When no minister.-If at any time there be no minister in either of the countries mentioned in Title XLVII of the Revised Statutes, the judicial duties imposed by its provisions upon the minister shall devolve upon the Secretary of State, who is authorized and required to discharge them.-R. S., sec. 4128. 653. Definitions. The word "minister" when used in this article means the person invested with and exercising the principal diplomatic functions. The word "consul" means any person invested by the United States with and exercis ing the functions of consul-general, vice-consul-general, consul, or vice-consul.-R. S., sec. 4130. ARTICLE XXXI. CUSTOMS REGULATIONS. INVOICES OF IMPORTATIONS. 654. Ports of entry. The customs laws of the United States require that imported merchandise shall be entered at certain ports on the coast or frontier called "ports of entry." The merchandise on arrival at the port of entry may be entered for immediate consumption, in which case it is appraised, examined, classified, and delivered to the consignee on payment of the estimated duty; or it may be entered in bond for appraisement and storage in any public or private bonded warehouse.--R. S., secs. 2770, 2772, 2962. A list of the customs collection districts, with their respective ports of entry and delivery, is published from time to time by the Secretary of the Treasury and furnished to consuls. 655. Immediate-transportation ports. At certain specified ports merchandise may be entered informally for immediate transportation, without appraisement, to certain specified ports of delivery, where provision is made for entry and appraisement in the same manner as at an original port of arrival. Lists are published from time to time by the Secretary of the Treasury of the ports at which merchandise may be entered for immediate transportation, and also of the ulterior ports to which merchandise may be so transported.-21 Stat. L., 173. All mer 656. Consignee deemed owner. Must be resident. chandise imported into the United States is, for customs purposes, deemed and held to be the property of the person to |