Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 5, 1881

No. 177.
Mr. Angell to Mr. Blaine.

Legation of the United States,
Peking, August 30, 1881. (Received October 24.)

No. 206.]

Sir: Some months ago my attention was called to the fact that there was at times a serious obstruction to judicial proceedings in our consular courts in China from a lack of suitable regulations for the service of summons on absent defendants. In some cases defendants have concealed themselves in remote towns in the empire. In many cases they had left the country.

After due consideration of the subject, I decided to issue a decree to remedy the defect in our regulations. Knowing how easy it is to do injustice to absent defendants by inadequate provisions for summoning them, I aimed to take every precaution to secure to them their rights. I trust it will be found that my effort was successful.

The decree has been assented to by all our consular officers, and some of them have written in emphatic terms of the benefits it will secure.

In accordance with section 6 of the act of Congress approved June 22, 1860, I inclose to you a printed copy of the decree, with the opinions of the consular officers, that it may “be laid before Congress for revision.”

I have, &c.,

JAMES B. ANGELL.

[Inclosure 1 in No. 206.]

additional regulations for consular courts of the united states of america in china.

Legation of the United States,
Peking, May 26, 1881.

In accordance with 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, James B. Angell, envoy extraordinary and minister plenipotentiary of the United States to the Empire of China, do hereby decree the following regulations, which shall have the force of law in the consular courts of China.

JAMES B. ANGELL.

Shanghai, June 2, 1881.

Assented to.

O. N. DENNY,
Consul-General.

Ning-Po, June 4, 1881.

Assented to.

EDWARD C. LORD, Consul.

Ching-Kiang, June 8, 1881.

Assented to.

E. J. SMITHERS, Consul.

Hankow, June 11, 1881.

Assented to.

ISAAC F. SHEPARD, Consul.

Foochow, June 18, 1881.

Assented to.

J. C. A. WINGATE, Consul.

Amoy, June 23, 1881.

Assented to.

W. ELWELL GOLDSBOROUGH, Consul.

Swatow, June 27, 1881.

Assented to.

C. C. WILLIAMS, Consul.

Canton, China.

Assented to.

F. CARROW,
United States Vice-Consul in Charge.

Tientsin, July 20, 1881.

Assented to.

CHAS. L. FISHER,
United States Vice-Consul in Charge.

Newchwang, August 5, 1881.

Assented to.

J. J. FRED’K BANDINEL,
Vice-Consul.

I. In civil proceedings between American citizens in the consular courts in China, the service of summons upon the defendant, if he is found within the Empire of China, shall be personal—that is, the copy of the complaint and summons, duly certified by a marshal of any consular court in China, shall be delivered into the hands of the person to be served. The officer so serving the summons shall certify the same to the consul before whom the suit is brought.

II. When the defendant has removed from or is absent from the empire, or conceals himself therein to avoid the service of summons, and the fact appears by affidavit to the satisfaction of the consul, and it also appears by such affidavit or by the verified complaint on file that a good cause of action exists against the defendant, or that he is a necessary party to the action, such consul may make an order that the service be made by publication of the summons. Such order shall direct the publication to be made in a newspaper of general circulation (to be named) for such length of time as may be reasonable, in not less than six issues of such paper, if a daily, and in not less than four issues, if a weekly. Such publication shall be made in a newspaper published nearest to the consulate where the suit or proceeding is pending at least five months before the time fixed for the trial by the consul.

In case of publication when the residence of a non-resident or absent defendant is unknown, the consul shall direct a copy of the complaint and summons, duly certified and addressed to the person to be served at his supposed place of residence, to be deposited in the post-office by the marshal of said court.

JAMES B. ANGELL.

Legation of the United States,
Peking, May 26, 1881.