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p. v., Сн. XII. CONSULAR JURISDICTION, &c.
173
The existing organisation of Russian Consular jurisdiction in
Persia was established by the Russian law of the 21st January 1829,
and is in accordance with Arts. 143 to 177 of the Russian Consular
Regulations. The Consular and Mission Courts constitute the courts
of first resort. They are presided over, respectively, by the Consul
and the Head Dragoman. Assistant judges are selected from among
local business men of Russian nationality. The jurisdiction of the
Consular Court extends to all cases arising in the Consular district.
In cases involving matters of less value than 30 roubles, the Consul
decides without assistance. The Mission as Court of first resort has
jurisdiction outside of the Consular district.1 The second resort is
a court presided over by the First Secretary of the Mission, who is
also the Consul-General for Persia. His court consists of judges
selected by the resident Minister from Russian subjects at Teheran.2
The third resort is constituted by the IV. Department of the Imperial
Russian Senate. Claims must be presented in writing, and the
proceedings are summary and have no particular form.3 The observance
of the Russian Code of Civil Procedure is not necessary. The decisions
of the court are given in accordance with local usage or, where that
does not apply, in accordance with Russian law.4 Judgment is given
in Russian if the assistant judges and the parties concerned are
acquainted with the language. If not, the languages used are not
only Russian but also that of the particular locality.5 Appeal is
allowed against the judgments of courts of the first resort in all cases
involving sums over 150 roubles, and from those of the second resort
in cases involving amounts of 600 roubles and upwards.6 The appeal
does not stay judgment, but the amount in litigation must be deposited
with the court pending the decision of the court of appeal.7 The
appellant is required to guarantee to his adversary 5 per cent, of
the amount in dispute as compensation for the delay, and this sum
is forfeited by him if the decision of the Court of Appeal is in his
opponent’s favour. If the papers relating to the case are sent to
the Imperial Senate, the whole of the sum deposited with the court
must be sent also, and is then deposited at the Imperial Bank at
Petrograd, bearing interest while it remains there. If the matters
in dispute consist of merchandise, they are sold by public auction
and the sum realised by the sale is sent to Petrograd.8 Disputes
between Russian subjects and the subjects of other powers (not
Persians) are settled by the competent authorities of the power to
which the person against whom the charge is made belongs.9
Disputes between Russian subjects and Persians are settled by Persian
judges in the presence of the Russian Consul or the Dragoman. Appeal
to Russian courts is not allowed. The resident Minister may
approach the Persian Government with a view to appointing mixed
tribunals.15
1 Cons. Reg., Arts. 147 to 149, 152. 2 Cons. Reg., Art. 150.
3 Cons. Reg., Arts. 155 to 157, ібг. 4 Cons. Reg., Art. 158.
5 Cons. Reg., Art. 163. 6 Cons. Reg., Art. 164.
7 Cons. Reg., Art. 167. 8 Cons. Reg., Arts. 168 to 170.
9 Cons. Reg., Arts. 171 and 172. 10 Cons. Reg., Arts. 173 to 175.
148.
§148.
Consular
Jurisdiction.1
in Persia.
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