118 Misc. 156 | N.Y. Sup. Ct. | 1922
On March 30, 1920, the plaintiff became the duly recognized consul-general of the kingdom of Serbs, Croats and Slovenes at New York by reason of the issuance to him by the president of the United States of an exequatur bearing that date. On June 23, 1921, the president revoked the exequatur issued to the plaintiff and declared it absolutely null and void from said date (complaint as amended by stipulation). On July 26, 1921, the grand jury of the county of New York filed an indictment against the plaintiff in the Court of General Sessions of the Peace. The plaintiff was thereafter arrested on this indictment and held in bail in' the sum of $2,500, which he furnished in the form of money, which was thereafter deposited in the city treasury. This action is brought to compel the return of the money so deposited as bail, with interest thereon from the date of its payment as bail. The plaintiff claims that, notwithstanding the revocation of his exequatur by the president, his appointment by his own government being still in force, he was still a consul-general, and protected against indictment, arrest and holding to bail in the state court, under section 256 of the Judicial Code of the United States. If the plaintiff is right in this contention the money paid by him as bail was illegally required of him in the Court of General Sessions and should be returned. Consuls are protected against prosecution in the state courts by section 256 of the Judicial Code of the United States, which provides that “ the jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several States * * *. Eighth. Of all suits and proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, or against consuls or vice-consuls.” The question here to be determined is whether or not on July 26,1921, the date of the filing of the indictment against the plaintiff, he was a consul within the terms of section 256, supra. We have seen that prior to the filing of the indictment against the plaintiff the president had revoked his exequatur, and thus deprived him of the right to exercise and enjoy the functions, powers and privileges of a
Ordered accordingly.