Office of the Historian

Chargé Wilson to the Secretary of State.

American Legation,
Tokyo, April 5, 1906.
No. 426.]

Sir: Referring to the legation’s dispatches Nos. 363, of January 2, and 373, of January 19, on the subject of the organization and the opening of the residency-general and residencies in Korea, I have the honor to transmit herewith a translation of the bill relating to the judicature in Korea, which was passed by the Japanese Diet at its last session.

This law prescribes in a general way the procedure in the courts of the residency-general and residencies, and provides for cooperation between them and the courts of Japan and Formosa in such matters, for instance, as the issuance of letters regatory.

I have, etc.,

Huntington Wilson.
[Inclosure.—Translation.]

bill for the judicature in korea.

[Introduced into the House of Peers by the Government.]

I.
The residency shall conduct the preliminary examinations of lawsuits and perform duties connected with noncontentious procedure within its jurisdiction.
II.
The resident-general may transfer the judicial business of one residency to another.
III.
In the residency the resident of the vice-resident alone shall examine and pronounce judgment.
IV.
The court of the residency-general shall examine appeals concerning decisions of the residents and give final judgment.
V.
The court of the residency-general shall be composed of three judges, of whom the highest in rank shall be presiding judge.
VI.
Only those who have been judges, prosecuting attorneys, professors of law in the Imperial University, residents, vice-residents, or attorneys at law for at least five years may be judges or prosecuting attorneys of the court of the residency-general.
VII.
The resident shall cause the officials of the residency to act as prosecuting attorneys of the residency.
VIII.
The prosecuting business of the court of the residency-general shall be dealt with by the prosecuting attorney.
IX.
The provisions for legal cooperation in the judiciary law for courts (in Japan) and the Formosan court shall be applied respectively to the legal cooperation between the residencies and the residency general court on the one hand and the court (in Japan) on the other, and between the residences and the residency-general court on the one hand and the Formosan court on the other. The provisions for legal cooperation by request of foreign law courts shall be applied to legal assistance to be rendered in the residencies and the residency-general.
X.
Concerning the laws to be applied to Korea with respect to judicial matters not provided for in this law, imperial ordinances may be issued.