The North-Carolina standard., 1848-09-06

defendant may, by complying with the requirements
N cases OF appeal, carry the case before the commits
'ioner by appeal. lr', -... I.,, ii ,-.;,.- -.
SEC. To- .and be az further enacted, That whenever
IN any case the consul shall be of opinion that by
reason of the legal questions which may arise there
N, assistance will be useful to him, OF whenever he
shall be ofoplnlon thata severer punishment than those
above specified will be required, he shall, in either
case, summon one more citizens of the United
States not exceeding four in number, but in capital
cases not less than four, who shall be persons of
good repute and competent to the duty, to sit with
him In the trial, and who, after sitting upon the
trial, shall each enter upon the record his Judgment
and opinion and sign the same. The consul shall,
however, decide the case; but if his decision is op-
posed by the opinion of of his associates
the case, without further proceeding, together with
the evidence and opinions shall be referred to the
commissioner for his final adjudication, either by
entering up Judgment therein, renting the same
to the consul with instructions how topfoceed there
with, but in all such cases, except capital Offences
the counsel and his associates opinions the
decision shall be final. ... -. .....e r
SEC IL. and be it further enacted, That the con-
sus aforesaid, and each of hem the port for which
he is appointed, shall have jurisdiction, is herein
provided, in all civil arising under said treaty,
wherein the damage demanded does not exceed the
sum of five hundred dollars and if he fit to de-
eide the without aid his decision thereon shall
be final but if in his judgment any case involves
legal PerPleXites and assistance will be useful, or
if the damage demanded exceeds five hundred dollars,
in either such it shall be his duty to summon to
his aid less than two than three citizens
of the United States of good repute and competent to
the duty, who shall with him hear any such case
and if the consul and his associates concur in opinion,
the judgment shall be final; but if the associates,
any of them, differ from the CONSUL the opinions of
all shall be noted the record, and each shall sub
scribe his to his assent to- dissent from, the
CONSUL with such therefor he thinks pro-
per to assign, and either party may thereupon ap-
peal, under such regulations may exist, to the
commissioner; but if no appeal is lawfully claimed,
the decision of the consul shall be final and conclu
sive. -.-- '..-
Sec ID. and be it further enacted That in all cases,
criminal and civil, the evidence shall be taken down
in writing in open court, under such regulations as
may be made for that purpose and all objections to
the competency character of testimony shall be
noted down. with the ruling in all such cases, and
the evidence shall be part of the case.
SEC. Is. find be 1t further enacted, That the COM
missioner of the United States SHALL in addition to
his power to make regulations and DEGREES, is
herein provided, be fully authorized to hear and de-
eide all cases, criminal and civil, which may come
before him under the provisions of this act, and to
issue all processes necessary to execute the power
conferred upon him and is hereby fully empowered
to decide finally any upon the evidence which
up with it, to hear the parties further if he
thinks justice will be promoted thereby; and he may
also prescribe the rules upon which new trials may
be granted, either by the consuls by himself, If
asked for upon justifable grounds.
Sec. IA. .7nd be it further enucted That in all cases,
except is herein otherwise provided, the punish
ment of crime provided for by this act shall be by
fine imprisonment, both, at the discretion of the
functonay who decides the case, but subject to the
regulations herein contained, and such may here
after be made. 1t shall, however, be the duty of
each and every functionaTy to allot punishment
cording the magnitude and aggravation of the of
fence, and all who refuse neglect to comply with
the sentence passed upon them shall stand commit
ted until they do comply, or discharged by order
of the consul, with the consent of the commissioner
SEC. Is. find be it further enacted, That murder and
insurection, rebellion against the Chinese gov
ernment, with intent to subvert the same, shall be
capital offences, punishable with death but no per-
shall be convicted OF either OF said crimes unless
the consul and his associates in the trial all concur
in opinion, and the commissioner also approves of
the conviction; but it shall always be lawful to con-
vct put upon trial for either of these crimes OF
lesser offence, of similar character, If the evidence
justiies it; and when convicted, to punish as for
other offences, by fine or imprisonment or both.
SEC. Is. .and be it further enacted That whenever
any one shall be convicted of either OF the crimes
punishable with DEATH aforesaid, it shall be the
duty of the commissioner to issue his warrant for the
execution of such convict appointing the tlme place,
and manner but if the said commissioner shall be
satisfied that the ends of public justice demand it, he
may, from time to time, postpone such execution;
and if he finds mitgatory circumstances which may
authorize it, may submit the to the President OF
the United States for pardon
SEC. IL. find be 1t further enacted, That 1t shall be
the duty of the commissioner to establish tariff OF
fees for judicial services, which shall be paid by
such parties and to such person, said commission
shall direct and the proceeds shall, as lar as Is
to the execution of this and regular accounts
both of receipts and expenditures, shall be kept and
laid before Congress by the commissioner annually
SEC. 19 find be tt further enacted, That, IN consid-
Grafton of the duties herein imposed upon the COM
missioner there shall be paid to him, out OF the tfeasu
~ of the United Staes annually the sum OF one thou
sand dollars, in addition to his salary and there shall
also be paid annually, to each of said consuls for
like reason, the sum of one thousand dollars In addl7
tim to consular fees.
SEC. 49, find be it further enacted, That, IN all crIm
be lawful for the parties aggeved or concerned there
in with the assent of the commissioner or consul, to
adjust and settle the same among themselves, upon
pecuniaEV or other considerations. " -
Sec 90. and be 1t further enacted, That 1t snail DE
the duty also of the commissioner and the conSuls 70
encourage the settlement of controversies OF civil
character by mutual agreement, or to submit them 70
the decision of referees agreed upon by the Pares
majority of whom shall have power to decide inc mat
ter And it shall be the duty of the commissioner to
prepare form of submission for such cases, to be
signed by the parties and acknowledged before the
consuI and when parties have agreed to refer the
referees may, after suitable notice OF the time and
place of meeting for the trial, proceed ex Parte IN
case either party refuses negects to appear ana
after hearing any case, may deliver their award seal
ed to the consul, who in court, shall open the same
and if he accepts it, he shall endorse the fact, and
Indictment shall be rendered thereon, and execution
issue in compliance with the terms thereof ror;d-
ed however, That the parties may always sette the
same before return thereof is made to the consul.
Sec 81. And be IT. further enacted, 1hat the com,
missioner and the consuls be fully authorized to call
upon the Chinese authorities to sustain and Support
them in the execution of tho powers eonhqea 20 t9em
bv said treaty and their part 10 DO ano perform
Itver Is necessary to carry the provisions OF said