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In Oriental countries, consuls may probate wills.85 They have granted decrees of divorce.86 In Turkey, the consular courts. have exclusive jurisdiction to decide who are the heirs and widow of an American citizen who died when there domiciled.87 It seems to be the rule that, in the absence of legislation by Congress, consuls and consular courts have no jurisdiction over the property of Americans in a foreign country who have abandoned their residence or have never resided there.88 It has been ruled by the State Department that a Consul General in a country with which there is no treaty, has no power to promulgate a regulation concerning the validity of mortgages and bills of sale,89 nor to adjudicate upon the title to land: but that he may pass on the rights of landlord and tenant or adverse claims to the right of possession under a written contract.90 The power of the Secretary of State to exercise the right to review by appeal a consular decision or the exercise of other judicial functions, has been said to be doubtful.91 It has been said that where the consul acts beyond his jurisdiction, his order may be set aside by the Secretary of State or the President, but that, in the absence of a treaty giving such authority, this cannot be done in case of an erroneous decision upon the merits within the consular jurisdiction.92 A person imprisoned within the United States by the order of a consul or a consular court acting beyond its jurisdiction may, in a proper case, have a review by habeas corpus. Except pos

85 Secretary Evarts, March 15, 1879, Moore's Dig., § 265, Vol. II, p. 626.

86 See Naggar's Case in Cairo, Egypt, Moore's Dig., § 265, Vol. II, p. 626. Regulations concerning divorce by Minister of Japan were disapproved; Secretary Fish, December 26, 1870, Wharton's Dig. (2nd ed.), $ 125, Vol. I, p. 807.

87 Decree of Turkish Council of Ministers, Moore's Dig., § 265, Vol. II, p. 627.

88 Mr. Fish, December 20, 1870, Wharton's Dig., § 125, Vol. I, p. 807. See Dainese v. Hale, 91 U. S. 13.

93

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91 Assistant Secretary Strobell, January 16, 1894, concerning the Madagascar Treaty, Moore's Dig., § 266, Vol. II, p. 631. See Re Ross, 140 U. S. 453, 11 Sup. Ct. 897, 35 L. ed. 581.

92 Pacific Mail S. S. Case, by Secretary Seward, Moore's Dig., August 18, 1868, § 265, Vol. II, p. 629.

93 Re Ross, 140 U. S. 453, 11 Sup. Ct. 897, 35 L. ed. 581.

sibly in the five ports of China,94 an action will lie against the consul if his order is void for want of jurisdiction.95 It has been held that a consular court is a court of limited jurisdiction and that all the jurisdictional facts must be alleged in the plaintiff's libel, petition or other pleading, which otherwise will be insufficient.96

§ 75. Jurisdiction and practice of the Commerce Court. Since the Commerce Court has been repealed, this section has been omitted from this edition.

§ 76. Jurisdiction of the Board of General Appraisers. The Payne Tariff Law of August 5, 1909, as amended October 3, 1913, contains the following provisions concerning the Board of General Appraisers of merchandise: "§ 12. That there shall be appointed by the President, by and with the advice and consent of the Senate, nine general appraisers of merchandise. Not more than five of such general appraisers shall be appointed from the same political party. They shall not be engaged in any other business, avocation, or employment. That the office of said general appraisers shall be at the port of New York, and three of them shall be on duty at that port daily as a board of general appraisers.

"All of the general appraisers of merchandise heretofore or hereafter appointed under the authority of said Act shall hold their office during good behavior, but may, after due hearing, be removed by the President for the following causes, and no other: Neglect of duty, malfeasance in office, or inefficiency. "That hereafter the salary of each of the general appraisers of merchandise shall be at the rate of nine thousand dollars per annum. "That the boards of general appraisers and the members thereof shall have and possess all the powers of a circuit court of the United States in preserving order, compelling the attendance of witnesses, and the production of evidence, and in punishing for contempt.

"All notices in writing to collectors of dissatisfaction of any

94 See Lange v. Benedict, 73 N. Y. 12, 29 Am. Rep. 80.

95 Dainese v. Hale, 91 U. S. 13, 23 L. ed. 190; Secretary Seward in Pacific Mail S. S. Case, Moore's Dig., August 18, 1868, § 265, Vol. Fed. Prac. Vol. I-25

96 Steamer Spark v. Lee Choi Chum, 1 Sawyer, 713. For this subjeet generally, see Wharton's Dig., $ 125, Vol. I, Moore's Dig., §§ 259266, and the authorities therein cited.

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decision thereof, as to the rate or amount of duties chargeable upon imported merchandise, including all dutiable costs and charges, and as to all fees and exactions of whatever character (except duties on tonnage), with the invoice and all papers and exhibits, shall be forwarded to the board of nine general appraisers of merchandise of New York to be by rule thereof assigned for hearing or determination, or both. The President. of the United States shall designate one of the board of nine general appraisers of merchandise as president of said board and others in order to act in his absence. Said general appraisers of merchandise shall be divided into three boards of three members each, to be denominated respectively Board 1, Board 2, and Board 3. The president of the board shall assign three general appraisers to each of said boards and shall designate one member of each of said boards as chairman thereof, and such assignment or designation may be by him changed from time to time, and he may assign or designate all boards of three general appraisers where it is now or heretofore was provided by law that such might be assigned or designated by the Secretary of the Treasury. The president of the board shall be competent to sit as a member of any board or assign one or two other members thereto, in the absence of or inability of any one or two members of such board. Each of the boards of three general appraisers, or a majority thereof, shall have full power to hear and determine all cases and questions arising therein or assigned thereto; and the general board of nine general appraisers, each of the boards of three general appraisers and each of the general appraisers of merchandise, shall have all the jurisdiction and powers and proceed as now, heretofore, and herein provided. The said board of nine general appraisers shall have power to establish from time to time such rules of evidence, practice, and procedure, not inconsistent with the statutes, as may be deemed necessary for the conduct and uniformity of its proceedings and decisions and the proceedings and decisions of the boards of three thereof; and the production, care, and custody of samples and records of said board. The president of the board shall have control of the fiscal affairs and the clerical force of the board, make all recommendations for appointment, promotion, and otherwise affecting said clerical force; he may at any time before trial under the rules of said

board assign or reassign any case for hearing, determination, or both, and shall designate a general appraiser, or a board of general appraisers, and, if necessary, a clerk thereto, to proceed to any port within the jurisdiction of the United States for the purpose of hearing, or determining if authorized by law, causes assigned for hearing at such port, and shall cause to be prepared duly promulgated dockets therefor. No member of any of said boards shall sit to hear or decide any case on appeal in the decision of which he may have previously participated. The board of three general appraisers, or a majority of them, who decided the case, may, upon motion of either party made within thirty days next after their decision, grant a rehearing or retrial of said case when in their opinion the ends of justice may require it."

"The appraiser shall revise and correct the reports of the assistant appraisers as he may judge proper, and the appraiser, or at ports where there is no appraiser, the person acting as such, shali report to the collector his decision as to the value of the merchandise appraised. At ports where there is no appraiser the certificate of the customs officer to whom is committed the estimating and collection of duties, of the dutiable value of any merchandise required to be appraised, shall be decmed and taken to be the appraisement of such merchandise. If the collector shall deem the appraisement of any imported merchandise too low, he may, within sixty days thereafter, appeal to reappraisement, which shall be made by one of the general appraisers, or if the importer, owner, agent or consignee of such merchandise shall deem the appraisement, thereof, too high and shall have complied with the requirements of law with respect to the entry and appraisement of merchandise, he may within ten days thereafter appeal for reappraisement by giving notice thereof to the collector in writing. Such appeal shall be deemed to be finally abandoned and waived unless within two days from the date of filing thereof the person who filed such notice shall deposit with the collector of 'customs a fee of $1 for each entry. Such fee shall be deposited and accounted for as miscellaneous receipts, and in case the appeal in connection with which such fee was deposited shall be finally sustained, in whole or in part, such fee shall be refunded to the importer, with the duties found to be collected in excess,

from the appropriation for the refund to importers of excess of deposits. The decision of the general appraiser in cases of reappraisement shall be final and conclusive as to the dutiable value of such merchandise against all parties interested therein, unless the importer, owner, consignee, or agent of the merchandise shall deem the reappraisement of the merchandise too high, and shall, within five days thereafter, give notice to the collector, in writing, of an appeal, or unless the collector shall deem the reappraisement of the merchandise too low, and shall within ten days thereafter appeal for reappraisement; in either case the collector shall transmit the invoice and all the papers appertaining thereto to the board of nine general appraisers, to be by rule thereof duly assigned for determination. In such cases the general appraiser and Boards of General Appraisers shall proceed by all reasonable ways and means in their power to ascertain, estimate, and determine the dutiable value of the imported merchandise, and in so doing may exercise both judicial and inquisitorial functions. In such cases the general appraisers and the Boards of General Appraisers shall give reasonable notice to the importer and the proper representative of the Government of the time and place of each and every hearing at which the parties or their attorneys shall have opportunity to introduce evidence and to hear and cross-examine the witnesses for the other party, and to inspect all samples and all documentary evidence or other papers offered. Affidavits of persons whose attendance can not be procured may be admitted in the discretion of the general appraiser or Board of General Appraisers. The decision of the appraiser, or the person acting as such (in case where no objection is made thereto, either by the collector or by the importer, owner, consignee, or agent), or the single general appraiser in case of no appeal, or of the board of three general appraisers, in all reappraisement cases, shall be final and conclusive against all parties and shall not be subject to review in any manner for any cause in any tribunal or court, and the collector or the person acting as such shall ascertain, fix, and liquidate the rate and amount of the duties to be paid on such merchandise, and the dutiable costs and charges thereon, according to law; and no reappraisement or re-reappraisement shall be considered invalid because of the absence of the merchandise or samples

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