1901] • CO^rvnBECIAL JAPAN. 2299 



Art. VII. With respect to the duties mentioned in tlie preceding article, coneular oflBcers may, within limits not opposed to the 

 law, treaty, or usage, perform the functions of a district or local court of justice. 



Art. VIII. Consular officers can not conduct a trial for a major criminal offen.se. In minor criminal cases a preliminary 

 examination is not necessary. , 



Art. IX. The trial of cases of major criminal offenses, the preliminary examination of which has been conducted by a coneular 

 officer, shall belong to the jurisdiction of the Naga.saki district court. 



Art. X. When diplomatic correspondence is necessary relating to a case belonging to the juri-sdiction of a con!?ular oflBcer, the 

 minister for foreign affairs may order the consular officer not to take jurisdiction, and may caase the accused to be placed in a prison of 

 the country. 



In the case mentioned in the preceding clause the minister of justice shall, when the case falls within the province of a district 

 court, cause the public prosecutor of the Nagasaki court of ajjpeals to apply to that court to appoint the place of trial; and when the 

 case belongs to the province or a local court, he shall cause the public prosecutor of the Nagasaki district court to apply to that court 

 to determine jurisdiction. 



Art. XI. With respect to the petition and trial mentioned in the preceding article, the provisions of Article XXXIII of the law of 

 civil i^rocedure shall be applied. 



Art. XII. Appeal from a decision in a case tried by a consular officer belonging to the scope of a district court shall be made to 

 the Nagasaki court of appeals. Appeal from the decision in a case tried by a consul which falls within the scope of a local court shall 

 belong to the jurisdiction of the Nagasaki court. 



Art. XIII. A consular officer may cause a member of his consulate or a police officer to act in the capacity of public procurator 

 or clerk of court. When there is no suitable person to serve in the capacity of clerk of court as provided in the preceding clause, 

 the consular officer may select some Japanese subject residing within the district of liLs jurLsdiction to perfo^n the duties of clerk 

 temporarily. 



Art. XIV. A consular officer may cause a member of his consulate or a police officer to perform the duties of public undertaker. 



The person who executes the function mentioned in the preceding clause may, on his own responsibility, specially intrust the 

 performance of the duties to another suitable person. 



Art. XV. Any person who desires to act in the capacity of counsel or attorney, except in accordance with the pro\'ision3 of law, 

 must receive the permission of the consular officer. 



Art. XVI. The provisions relating to contempt of court usually applied to courts of law shall not be applied to consular officers 

 or others performing their duties in accordance with this law. 



Art. XVII. In case there is no person to perform the duties mentioned in Articles XIII and XIV, the minister of foreign affairs 

 may dispatch an official from another consulate in the same coimtry to perform the said duties. 



Art. XVIII. A person who is not a consular officer can be appointed by ordinance to perform the duties of such officer, as set forth 

 in the provisions of this or other laws, only in a place where there is no consulate established. 



Art. XIX. The terms "consul or consular officer," as used in tliis law and other laws, designate consuls or their deputies who are 

 not honorary consuls. 



Art. XX. Provisions necessary for the enactment of this law shall be fixed by ordinance. 



Art. XXI. The regulations of consular courts in China and Koi'ea shall be abolished from the date of enforcement of this law. 



LAW RELATING TO ARREST AND DETENTION OF MAKINER.S OF FOREIGN VESSELS. 



Article I. Assistance in the arrest or detention of mariners of foreign vessels, as provided for in the treaties of navigation and 

 commerce and consular conventions with the various treaty powers, shall be given by the public prosecutor on the ?pplication of the 

 proper consular officer. 



Art. II. In the following cases the public prosecutor can not comply with the request for assistance in arrest or detention: 



(1) When the person to be arrested or detained is a Japanese subject. 



(2) When a i^erson is under trial for a major or minor criminal offense in Japan or undergoing punishment therefor. 



(3) When a mariner has already been released according to Article VIII and application is again made on the ground of the same 

 offense. 



(4) When the consular officer does not include with the application a correct copy of the sliip's register and the list of names of 

 mariners or a certified document sufficient to identify the mariner. 



(5) When the consular officer will not guarantee the costs connected with the assistance. 



Art. III. The public prosecutor, upon receipt of an application from a consular officer for the arrest or detention, if the request 

 appears to be a proper one, shall comply with the same immediately. 



Art. IV. When the public prosecutor orders the arrest of a mariner, he shall issue a warrant of arrest. 



Art. V. The person to whom the order for the execution of a warrant of arrest is given shall, when the arrest is made, deliver 

 (the person) to the public prosecutor who issued the warrant of arrest. 



Art. VI. In the case mentioned in the preceding article, the public prosecutor shall immediately inspect the person, and, when it 

 appears that he is without doubt the person designated, shall deliver him to the consular officer. 



Art. VII. On application from the consular officer, the mariner Avho has been arrested shall be put in prison by the order of the 

 public prosecxitor. 



Art. VIII. A mariner who has been detained shall, on the application of the consular oflicer, be released; or he may be released 

 if within six months from the day of arrest no application has been received for his delivery. 



Art. IX. In regard to the issuance and execution of a warrant of arrest, the provision in the law of criminal procedure respecting 

 warrants of arrest shall be applied. 



Art. X. Application shall be made by the public prosecutor to the proper consular officer for the amoimt of actual ex^x^use 

 connected with the assistance. 



Art. XI. The public prosecutor shall, on receipt of an application for assistance in arrest or detention, immeiliately report the 

 same to the minister of justice; likewise when the request appears to be one that can not be complied with, it shall be ivporteil to the 

 minister of justice on the completion of the proceedings. 



