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CONGRESS

MESSAGE

OF THE

PRESIDENT OF THE UNITED STATES,

COMMUNICATING,

In compliance with the resolution of the Senate of December 21, 1870, information in relation to the amounts paid for transportation and freights via the Isthmus and Cape Horn during the twelve months last past.

JANUARY 24, 1871.-Referred to the Committee on the Pacific Railroad and orilered to

be printed.

To the Senate of the United States :

In answer to your resolution of the 21st December, 1870, requesting the President "to furnish the Senate with the amount of money expended by the United States for freights and passage to the Pacific coast by way of the Isthmus and Cape Horn during the twelve months now last past," I herewith transmit reports from the Secretary of the Treasury, of War, and of the Navy, to whom, respectively, the resolution was referred.

U.S. GRANT. EXECUTIVE MANSION, January 24, 1871.

TREASURY DEPARTMENT,

January 9, 1871. SIR: I have the honor to acknowledge receipt of a copy of resolution adopted in the Senate on the 21st of December last, in the following words: “ That the President be requested to furnish the Senate with the amount of money expended by the United States for freights and passage to the Pacific coast by way of the Isthmus and Cape Horn during the twelve months now last past," and to transmit copies of reports of the Third and Fourth Auditors, which furnish all the information on the subject of the resolution to be found in the Department. With great respect, your obedient servant,

GEO. S. BOUTWELL,

Secretary of the Treasury. . The PRESIDENT.

TREASURY DEPARTMENT, THIRD AUDITOR'S OFFICE,

December 28, 1870.

The information requested by the resolution of the Senate (December 21, 1870) is supposed to be contained in the accounts of the disbursing quartermasters at New York and Sau Francisco for the years 1869 and 1870. None of the accounts of these officers for that period are in this office, but are supposed to be in the office of the Quartermaster General.

ALLAN RUTHERFORD, Auditor.

TREASURY DEPARTMENT, FOURTH AUDITOR'S OFFICE,

January 7, 1871. Sir: In answer to Senate resolution of December 21, 1870, referred to this office, under date of December 23, 1870, I have the honor to report that the sum of two thousand five hundred and thirty-one dollars and ninety cents ($2,531 90) has been paid from naval funds for passage of naval otticers to the Pacific coast, by way of the Isthmus, during the year 1870.

In regard to that portion of the Senate resolution which relates to the amount paid from naval funds, for freight to the Pacific coast, I understand an immediate report will be made by the Navy Department. Very respectfully, your obedient servant,

STEPIIEN J. W. TABOR,

Auditor. Hon. GEORGE S. BOUTWELL,

Secretary of the Treasury].

WAR DEPARTMENT,

January 19, 1871. The Secretary of War has the honor to report to the President of the United States, with reference to so much of the resolution of the Senate of December 21, 1870, as relates to the War Department, that the annount of money expended by the United States for military freights and passage to the Pacific coast, by way of the Isthmus of Darien and Cape Ilorn, was $58,394 94 during the year just closed.

WM. W. BELKYAP,

Secretary of War.

NAVY DEPARTMENT,

Washington, January 10, 1871. Sir: I have the honor to acknowledge your reference to this Department of a copy of a resolution passed by the Senate on the 21st ultimo, requesting the President to furnish the Senate with the amount of money expended by the United States for freights and passage to the Pacific coast, by way of the Isthmus and Cape llorn, during the twelve months now last past."

In reply to the resolution, so far as the inquiry pertains to this Department, I have to report that the sum of one hundred and six thousand eight hundred and twenty-five dollars and sixty-one cents (8106,825 61) has been paid for freight, and one hundred and thirty nine dollars and fifty cents ($139 50) for the transportation of men, to the Pacific coast, by the routes named, during the past year.

The records of the Fourth Auditor's office show the amount expended for the transportation of officers, and it is understood the sum has been reported to the Secretary of the Treasury in pursuance of the same or a similar resolution, referred by you to that Departınent. Very respectfully, &c.,

GEO. M. ROBESON,

Secretary of the Nur. The PRESIDENT OF THE UNITED STATES.

3d Session.

No. 25.

MESSAGE

OF THE

PRESIDENT OF THE UNITED STATES,

COMMUNICATING

A copy of regulations for the consular courts of the United States in Japan,

decreed and issued by the minister of the United States in that country.

JANUARY 27, 1871.-Read, referred to the Committee on Commerce, and ordered to be

printed.

To the Senate and House of Representatives :

I transmit herewith, for the consideration of Congress, a report from the Secretary of State, and the papers which accompanied it, concerning regulations for the consular courts of the United States in Japan.

U. S. GRANT. WASHINGTON, January 27, 1871.

DEPARTMENT OF STATE,

Washington, January 26, 1870. The Secretary of State has the honor to submit herewith, for revision by Congress, in conformity with the provisions of section 6 of the act approved 22d of June, 1860, a copy of "regulations for the consular courts of the United States in Japan,” decreed and issued by C. E. De Long, the minister of the United States in that country, in September, 1870; and also the papers mentioned in the subjoined list, which contain suggestions on the subject thereof.

A copy of Article XXVI of the consular regulations is also submitted, and the Secretary of State respectfully suggests, for the consideration of Congress, the propriety of limiting the power of ministers to make decrees and regulation, in the sense in which it is limited by paragraph 431 of the article before named—that is, “ to acts necessary to organize and give efficiency to the courts created by the act.” Respectfully submitted.

HAMILTON FISH. The PRESIDENT.

List of accompanying papers. 1. Regulations for the consular courts of the United States in Japan. 2. Mr. Fish to Mr. De Long, September 10, 1870.

3. Same to same, December 20, 1870.
4. Senate executive document, Fortieth Congress, third session.
5. Article XXVI of the consular regulations.

Regulations for the consular courts of the United States of America in

Japan, 1870.

LEGATION OF THE UNITED STATES OF AMERICA IN JAPAN,

November 16, 1870. Notice is hereby given that the within regulations are in force from this date. (U. S. LEGATION SEAL.]

C. E. DE LONG,

Minister Resident.

REGULATIONS FOR THE CONSULAR COURTS OF THE UNITED STATES OF

AMERICA IN JAPAN.

In pursuance of section 5 of the act of Congress approved June 22, 1860, entitled "An act to carry into effect certain provisions in the treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States in those countries, or for other purposes,” I, C. E. De Long, minister resident of the United States to the empire of Japan, do hereby decree the following rules and regulations, which shall have the force of law in the consular courts of Japan.

1. Every citizen of the United States, residing within the limits of the ports open to foreign trade in the empire of Japan, is required to be enrolled in the consular register; and shall apply in person at the consulate, within thirty days after the publication of notice of this decree. Every American citizen who inay arrive within the limits of a port, save and except one who may be enrolled on the muster-roll of an American vessel, shall apply within ten days at the consulate to be enrolled. Any American citizen neglecting to be so enrolled will not be entitled to claim the protection or intervention of the authorities, unless he can furnish a valid reason for not doing so, and shall be subject to a fine of ten dollars.

2. In all cases when an applicant to be enrolled cannot furnish a passport or other legal proof of his citizenship, he shall make an affidavit in writing that he is a citizen of the United States, which shall be filed by the consul, and the consul may also require other and further proof of the fact before enrolling him.

CIVIL PROCEEDINGS. 1. All civil actions in courts of the United States in Japan must be commenced by a complaint or petition in writing, verified by the oath of the party, his agent or attorney, before the judge of such court.

2. There shall be but one form of civil action for the enforcement or protection of private rights, and the redress or prevention of private wrongs. In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defeudant.

3. Every action shall be prosecuted in the name of the real party in interest, except as otherwise provided in this decree.

4. In case of an assignment of a thing in action the action by the assignee shall be without prejudice to any set-off or other defense existing at the time of or before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange transferred in good faith, and upon good consideration before due.

5. When a married woman is a party, her husband shall be joined with her, except when the action concerns her separate property, or when the action is between herself and her husband, when she may sue or be sued alone.

6. When an infant is a party, he shall appear by guardian, who may be appointed by the court, if none has already been appointed at the time.

7. All persons having an interest in the subject of the action may be joined as plaintiffs; and any person who has or claims to have an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein, may be made a defendant.

8. Persons severally liable upon the same obligation or instrument, including the

parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff.

9. An action shall not abate, by the death or other disability of a party, or by a transfer of any interest therein, if the cause of action survive or continue; but, in case of the death or disability of a party, the action may be continued by or against his representative or successor in interest, or the court may allow the person to whom the transfer is made to be substituted in the action.

10. Actions shall be brought and may be tried in the port or city wherein one or more of the parties to the action resides, or wherein the cause of controversy acerned, subject to the power of the court to change the place of trial, when the convenience of witnesses and the ends of justice would be promoted thereby, or when, from any cause, the judge is disqualified from acting in the action.

11. The complaint shall be at once filed by the court, with a specification of the day, month, and year when the same was received for filing; and at any time within one year thereafter summons may be issued thereon as desired by the plaintiff. The summons shall be signed by the court, directed to the defendant, and issued under the seal of the court. It shall state the parties to the action, the court in which it is brought, the general nature of the action, and require the defendant to appear and answer the complaint, within the time mentioned in the next section, after the service of summons, exclusive of the day of service; or that a judgment by default will be taken against him according to the prayer of the complaint, stating the sum of money, or other relief demanded in the complaint ; but the court, in all cases when the default of one or all of the defendants is entered, shall require proof to be made in support of the plaintiff's cause of action, and shall only allow a judgment for such relief as the evidence offered shows the plaintiff to be entitled to.

12. The time in which the summons shall require the defendant to answer the complaint shall be as follows:

1st. If served on the defendant in the port or city wherein the action is brought, within three days;

20. If elsewhere within the empire of Japan, within twenty days; or, 3d. If without said empire, within forty days. The court may for good cause shown, at any time within six months from the date of entry of any judgment by default, vacate, and set the same aside.

13. The summons shall be served by the marshal to whom it is directed, or by some person specially deputed by him, or by the court; and it shall be returned, with the written certificate of such person, showing where, when, and upon whom it was served. If the defendant can be found, service shall be made by delivering to him a copy thereof. If the suit be against a corporation, by delivery of a copy to the president, secretary, or other managing agent thereof. If against a minor, by delivery of a copy to such minor, and also to his father, mother or other guardian, if he have such, tesiding in the empire. And if against a person judicially declared to be of unsound mind, and for whom a guardian has been appointed, by delivery of a copy to such guardian, provided, that, when the person on whom service is to be made resides out of the empire of Japan, or has departed therefrom, or cannot after due diligence be found therein, or conceals himself to avoid the service of summons, and such facts bo Inade to appear to the satisfaction of the court, service may be made by publication of the summons, in some newspaper, if there be one, published at the port or the city wherein the action is brought; but if there be none, in a newspaper published the nearest to said port, for such length of time, and in such manner as the court may direct; not less, however, that once a week for the period of three weeks. Proof of service of summons so made shall be by the affidavit of the printer or publisher of such newspaper. The voluntary appearance of the defendant shall in all cases be deemed equivalent to a personal service upon him of the summons, and a person shall be deemed to appear when he answers or demurs to the complaint in writing, or files a written and verified statement in the action confessing plaintiff's right of action, or some portion thereof, and consenting that judgment for such amount be entered.

14. The pleadings on the part of the plaintiff shall be limited to a complaint or petition, and a demurrer to the defendant's answer; and on the part of the defendant, to a dernurrer and answer to plaintiff's complaint; provided, however, that the defendant may in his answer claim affirmative relief against the plaintiff, and all matters contained in the defendant's answer shall be deemed to be denied by the plaintiff unless specially admitted by him. The pleadings shall concisely state the cause of action or defence, with a prayer for the relief asked for, and all answers, except demurs raising issues of law alone, shall be verified as the complaint and petition are required to be. All pleadings shall be filed by the court, with a note of the day, month and year, and if a defendant in his answer prefer a cross demand, or other atfirmative relief against the plaintiff, the plaintiff shall be allowed, if he require it, the same length of time in which to prepare for the trial of the cause as that which the defendant was allowed for answering in the case after service of the summons upon him.

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