1935

THE UNITED STATES COU,KT YQ^ CHINA 197
sworn inventory of sucli effects, and shall, as additional, effect's cquie .from time to
time into his possession, immediately file a supplemental inventory or inventories of
the same. He shall also file with the clerk of said Court within said’sixty dhys a
schedule under oath pf the debts of said depedefif., scr fa^ as Known,;arid a* schedule
or statement of aft additional debts, thereafter discovered. ^uch Consul or'Yice-
Consul shall pay no claims against the estate without trie written Approval of the
judge of said Court, nor shall he make sale of any of the assets of said estate with¬
out first reporting the same to said judge and obtaining a written approval of said
sale, arid he shall likewise within ten days after any'feuch sale report the'fact of Such
sale to said Court, 'and' the amount derived therefrom: The' said judgerskall have
power to require at any time'reports from Consulsror Yice-0orisuls in respect of all
their acts and doings relating to the estate of any suchld‘ecea^ed ;persdn. '; The1 said
Court shall have power to require, where it may be necessary, a special bond for. the
faithful performance of his duty to be given by any Ccnsut or Yieei-Gonsuli into ;
whose possession the estate of any such deceased citizen shall .have> come in such .
amount and with such sureties as may be’ deemed necessary, and for failure:to give.
such, bond when required, or for failure to properly perform his, duties in the.
premises, the Court may appoint some other person to take charge of said estate,
such person having first given bond as aforesaid. A record shall be kept by the
clerk of said Court of all proceedings in respect of any -such estate under the
provisions hereof. >
Sec. 3.—That appeals shall lie from all final judgments or decrees of said Court
to the United States Circuit Court of Appeals of the-ninth judicial circuit, and thence
appeals and writs of error may be taken from the judgments or decrees of, the said
Circuit Court of Appeals to the Supreme Court of the IJriited States in the same class ;
of cases as t hose in which appeals and writs of error are - permitted to judgments of
said Court of Appeals in cases coming from District and-Circuit! Co arts qjij^e.Uqjted
States. Said appeals or writs of error shall be regulated by the procedure govern¬
ing appeals within the United States from trie District Courts to the Circuit Courts of
Appeal, and from the Circuit Courts of Appeal to the Supreme Court of the United
States, respectively, so far as the same shall be applicable; and said Courts are here¬
by empowered to hear and determine appeals and writs of error so taken.
Sec. 4.—The jurisdiction of said United States Court, boh original and not
appeal, in civil and criminal matters, and also the jurisdiction of the Consular Courts
in China, shall in all cases be ;exel-cised'. in conformity, with sajd treqties'aud the jaws
of the'United States now in force in reference to’ the American Consufar Courts in
China, and all judgments and decisions.ofi-said. Consular Courts, and all decisions,
judgments, and decrees of said United States Court, shall be enforced in accordance
with said treaties and laws. But in all such'cases when laws are deficient in the
provisions necessary to give jurisdiction or t.o furnish suitable remedies, the common
law and the law as established by trie decisions of, the Courts of the United States
shall be applied by said Court in its decisions and shall govern, riho same subject to
the terms of any treaties between the Uriited Strites arid China. ‘ r
Sec. 5.—That the procedure,of the said Court shall he in Aeddgdarice^ so far as.
practicable, with the existing procedure prescribed for CorisulAf Cqprts in China
in accordance with the Revised Statutes, of the United States: Provided, however,'
that the judge of the said United States Court for China'shall h,ave authority from'
time to time to modify and'suppleriient said rules of procedure. ’ The provisioris of
sections forty-one hundred and six and forty-one hiindrea'aiicf WeVeri df the ReviSeft '
Statutes of the United States allowing Consuls in certain cases to summon associates
shall have no application to said Court.
Sec. 6.—There shall be a.district attorney, a marshal, and a clerk of said Court
with authority possessed by the corresponding officers of the District Courts in the
United States as far as may be consistent with the conditions of the laws of the
United States and said treaties. The judge of said Court and the district attorney,
who shall be lawyers of good standing and experience, marshal, and clerk shall be