The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-08-18
BY AUTHORITY.
Act. and RESOLUTIONS passed at the First Session of
the Thirtieth Congress.
lPuBLIc--No. "a ]

IPuBLIC--No "a
AN ACT 10 carry into effect certain provisions in the
treaties between the United States and China and the
Ottoman Porte giving certain Judicial powers TO ministers
and consuls of the United States in those countries.
Be il enacted by the Senate aud House Of Representatives
The United Of America in Congress assembled, That, 10
carry into full effect the provisions of the treaty of July
third eighteen hundred and -four, with the Chinese
empire the commissioner and consuls of the United States
duy appointed to reside in China shall, in addition the
other powers and duties imposed upon them by the pro-
visions of said treaty. be vested with the judicial authority
herein described which shall appertan to the said Office OF
commissioner and CONSUL and be part of the duties be-
longing thereto
SEC g 4nd further enaced, That. in regard to crimes
and the said public nctionaries hereby
fully empowered to arragn, and try in the herein
provided all citizens Of the United States charged with
offences against law which shall be committed in the do
mnions Of China including Macao and, upon conviction
such offenders in the herein authorized
and said unctionares and each Of them hereby
authorized issue all such processes suitable and
necessary carry this authority into execution.
SEC. g. And be ii further enacted, That in regard to
Girl rights, whether of property the person, the said
unconaries hereby vested with all the judicial authority
necessary execute the provisions OF said treaty. and shall
jurisdiction in matters of contract at the port
where, to which, the contract made, at
the port which, nearest to which, it to be
cu,ed and in all other matters at the port where nearest
which, the of controversy arose, at the port
where, which, the damage complained Of
sustaned-any such port above named being always
of the five mentioned In the treaty which jurisdiction shall
embrace all controversies between citizens of the United
SEC. A. .4nd be Further enacted, That such jurisdiction
criminal and civil SHALL in all cases. be exercised
and enforced in conformity with the laws of the United
States which hereby far necessary
said treaty. extended all citizens of the United States
China, (and all others to the extent that the terms
of the treaty justify require far such laws
suitable to carry said treaty into effect; but in all cases
where such laws adapted the object deficient
the provisions necessary to furnish suitable remedies the
common law shall be extended in like such
citizens and others in China and if defects still
he la nor att
Of the United States furnish appropriate and suitable
dies, the commissioner SHALL by DEGREES and regulations
which shall have the force of law supply such defects and
deficiencies
SEC. S. .4na be it further enacted That in order
ganze and carry into effect the system of jurisprudence
demanded by said treaty. commissioner the advice
OF the several consus for the five named in said
many of them be conveniently assembled shall
prescribe the forms Of all processes which shall be issued
by of said consus the mode of executing and the time
of returning the same the in which trials shall be
conducted and how the records thereof shall he kept the
form Of oaths for Christian Witnesses and the mode Of
aiming all other Witnesses the which shall be al
lowed the prevailing party and the fees which shall be
paid for Judicial services deray necessary expenses the
which all officers and agents to execute pro-
cess and carry this effect, shall be appointed and
compensated the form of bail bonds, and the security
which shall be required of the party who appeals from the
decision Of consul and generally without further
meraon make all such DEGREES and regulations from
me under the provisions of this ac the cxgency
may demand and all such regulations DEGREES, and orders
shall be plainly drawn up in writing, and submitted, as
of them be consulted without preudcial delay
inconvenience who shall each signify his dissent
in writing, with his subscribed hereto and after taking
such advice, and considering the same, the commissioner
may nevertheless by causing the Decree ORDER regua
tons to be published with his signature thereto and the
opinions of his advisers inscribed thereon become bind
ing and obligatory until annued modified by Congress,
and it shall take effect from the publication any subse
quent day thereto named in the act.
SEC. 6. Aud be it further enacted That all such regua
TONS ORDERS and DEGREES shall, speedily may be
after publication be transmitted by the commissioner with
the opinions of his advisers drawn up by them severay
to the President 20 be laid before Congress for revision
SEC. find be further enacted That each of the consus
aforesaid at the port for which he is appointed shall be
competent under the authority herein contained, upon
within his own knowledge which he has good to
believe true, upon complaint made information filed
in writing and authenticated in such way shall be pre-
scrbed by the commissioners to issue his warrant for the
arrest of any citizen of the United States charged with
committing in China an offence against law; and when
arrested arragn and try any such offender and upon
conviction, to sentence him to punishment in the
herein prescribed; always melting out punishnsn in a
proportioned to the offence, which punishment
SHALL in all cases. except is herein otherwise provided,
be either fine or imprisonment.
SEC. 8. .fnd be further enacisd That any consul when
where the fine imposed does exceed hundred
dollars the term of imprisonment does not exceed sixty
days. and there shall be appeal hecrom except pro-
videa in section eleven of this act.
SEC g. find be further enacted That when sitting alone
he may also decide all which the fine imposed does
not exceed FIVE hundred dollars the of mprison-
if the fine exceeds hundred dollars the imprison-
men exceeds ninety days. the defendant may by comply
ing with the requirements of appeal carry the
before the commissioner by appeal.
Sec 10. and be il further enacted That whenever in any
the consul shall be of opinion that by of the
legal questions which may arise therein, assistance will be
useful to him, whenever he shall be Of opinion that
punishment than those above specified will be
CURED he SHALL either case citizens
of the United States not exceeding four in number but in
capital not less than four who shall be persons of
good repue and competent the duty sit with him in
the trial. and who, after sitting upon the trial. shall each
enter upon the record his judgment and opinion and
the same. The consul SHALL however, decide the case but
IT has decision opposed by the opinion of of
his associates the without further proceedings together
with the evidence and opinions shall be referred the
commissioner for his final adudicaon either by entering up
judgment therein, RENTING the same to the consul
with instructions how to proceed Herewith but IN all such
cases. capital Offences IL the counsel and his
ates concur in opinion, the decision shall be final.
Sec. III. .9nd be il further enacted That the consus
aforesaid and each of hem ut the port for which he is
pointed shall have Jurisdiction herein provided, all
cvIl arising under said treaty. wherein the damage
demanded does not exceed the OF five hundred dollars
and if he fit to decide the without aid, his
any case involves legal pepexies, and assistance will be
useful or If the damage demanded exceeds FIVE hundred
dollars, either such shall be his duty to summon
10 his aid not less than than three citizens of
VINO shall with him hear any such and If the consul
ana his associates opinion the judgment shall be
mail but If the associates any of them differ from the
consul the opinions Of all shall be the record and
each shall subscribe his his to- dissent
from the consul with such reasons therefor thinks
proper to assign, and either party may thereupon appeal
under such regulations may exist the
but If appeal is lawfully claimed the decision of the con
sui shall be final and conclusive.
SEC H. find be further enacted That in all cases. Grim
md tho hall he