Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-10-18

those above specified will be required, he SHALL in
either case summon more citizens of the Uni
ted States, not exceeding four in number, but in
pital cases not less than four, who shall be persons
of good repue and competent to 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 sign the same. The consul shall,
however, decide the but if his decision is OPP
posed by the opinion of one or more Of his associ-
ates, the case, without further roceedings, together
with the evidence and opinions, shall be referred to
the commissioner for his final adjudicaon either BY
entering up judgment therein, RENTING the same
to the consul with instructions how to proceed there
with but In all such cases, except capital offences,
If the consul and his associates concur in opinion
the decision shall be final.
Sec II. And be it further enacted, That the consuls
aforesaid, and each Of them at the por for which he
is appointed, shall have jurisdiction, herein pro-
vded, IN all civil cases arising under said treaty,
wherein the damage demanded does not exceed the
sum of five hundred dollars and if he sees tit to de-
eide the same without aid his decision thereon shall
be final; but if in his uigment any involves
gal parpiextIes, and assistance will be useful, if
the damage demanded exceeds five hundred dollars,
in either such case it shall be his duty TO summon
to his aid not less than two more than three CT
tzens OF the United States, of good epute and COM
petent to the duty who shall with him hear any such
CASE and II the consul and his associates concur IN
opinion, the judgment shall be final but if the
ciates, or any of them differ rom the consul, the
opinions of all shall be noted the record and each
shall subscribe his name to HE assent to- dissent
from, the consul, with such reasons therefor as he
thinks proper to assign, and either party may there
upon appeal, under such regulations as may existto
the commissioner; but If no appeal is lawful claim
ed, the decision Of the consul shall be final and con-
elusive.
SEC. 10. And be further enacted, That in all ca
ses criminal and civil, the evidence shall taken
down IN writing In open court, under such reguIa-
tons as may be made for that purpose all obec-
tions to the competency character of testimony
Shall be unted down, with the ruling in all such ca
ses, and the evidence shall be part ofthe case.
Sec 49, Ind be further enacted, That the commits
sioner Of the United states SHALL in addition to his
power To make regulations and DEGREES, as herein
provided, be fully authorized to hear and decide all
cases, criminal and civil, which may come before
him under the provisions Of this act, and To issue all
processes necesSaryto execute the power conferred
udon him; and he is hereby fully empowered to de-
eide finally any case upon the Evidence which comes
up with 1t, Or 10 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 consuis by himself, if ask
ed upon justiiiable grounds.
SEC. l.. And be ii further enacted, That in all ca
ses, except IS herein otherwise provided. the pun
ishment of crime provided for by this act shall he by
hne or Imprisonment, or both, at the discretion OF
tn? fnncionary who decides the case but subject to
the regulations herein contained, and such as may
hereafter bemade. II shall, however, be the duty OF
each and every functionaiy 10 a.Iot punishment ac-
cordlng to the magnitude and asgravatnn of the Of
fence, and all who refuse or neglect to comply with
the sent nj" passed upon them shall stand commit
ted VI til they do comply, dis lharged by order
OF the .ons IL with the sent of the
SEC. Ias Ar,I ne ! f,,rths- That murder anu
insurreCtion. or rebellion against the Chinese 60.
vernme!t with intent To subsert the same, shall be
capital ohnceS. punishable tn death; but no per-
shall be convicted Of either Of said crimes un
less the consul and his associates in the tria all
cur IN opinion and the COMMISSIONER also approves
of the Codvcton but it shall always be lawful to
convict ole mt upon tricl for either Of the crimes
of lesser off nee or smaller character if the evil
dence justites it; and when convicted, to punish
as for other offences, by fine Imprisonment, or
both
SEC. 16. And be ii further enacted, That whenever
any shall be convicted of either of the crime S
punishable with death, as aforesaid. il shall be the
duty of the commission TO Issue his warrant for
the execution of such convict. appointing the time,
place, and manner; but if the said commissioner shall
be satisfied that the ens of pubic justice demand it.
he may from time to time, postpone such executions
and # he finds mitgllory circumstances which may
authorize it, may submit the to the President of
the United States for pardon.
SEC. II. And be II further enacted, That it shall be
the duty of the commits soner establish tariff of
fees for judicial services, which shall be paid by
such parties, and to such persons, as SAID commits
sioner shall directs and the proceeds SHALL far
is necessary, be applied to defcay the expenses in
cident to the execution of this act and regular
counts both of receipts and expenditures shall ne
kept and laid before Congress by the commissioner
annually.
SEC. Is. And be it further enacted, That in cons.
deration of the duties rein imposed upon the COM
mis- soner there shall paid to him, out of the
sury of the United States, annually the sum of one
thousand dollars in addition to his salary; and
there shall also be paid annually, to each of said
consus. for like reason. the sum of one thousand
dollars in addition to consular fees.
SEC. 10. And be it further enacted, That in all cr-
minal cases which are not of hcinous character, it
shall be lawful for the parties aggreved concern
ed therein, with the assent of the commits or
consul, to adjust and settle the same among them
selves, upon pecuniary other consid rations.
SEC. 20. And be ii furhr enacted, That 1t shall be
the duty also of the oomms sioner and the consuls
to encourage the settlement Of controversies of a
civil character by mutual agr emrnt, to submit
them to the decision of referees agreed upon hy the
plrties majority of whom shall have power to de-
eide the matter. And shall be the duty of the com
to prepare form of submission for such
cases, to be signed by the parties and acknowledged
before the consul; and when parties have so agreed
to refer. the referees NAV. after suitable notice Of
the time and place of meeting for the trial. proceed
ex parte in case either party fuses necccts to
appear and. after hearing deliver their
award Sc aled to the consul. VIII in curt shall open
the same ii he pts il he shall cndur Sc the
fact and judgment shall be rendered thereon. and
execution issue in compliance with the terms there
Of Provided, h0tcrcer, That the partIeS may always
settle the same before return thereof is made to the
consul.
SEC. 81. And be it further enacted, That the com
missioner and the cOnsuls shall be fully authorized
to cali upon the Chinese authorities to sustain and
support them in the execution of the powers conf
ded to them by said treaty, and their part to do
and perform whatever is cessary to carry the pro-
visions Of said treaty into full effect, far they
are to be executed in China.
SEC. %. And be it further enacted That the provi-
sons of this act, far the relates to crimes
tend to Turkey under the treaty with the sublime
Porte of Nav seventh eighteen hundred and thirty.
and shall be executed in the donnions of the Sub
lime Porte, in conformity with the provisions of said
treaty. by the minister OF the United states. and the
consuls appointed by the United States 20 reside
therein. who are hereby ex offcio vested with the
powers herein contained, for the purposes above ex-
ssed, so far rs regards the punishment Of crime.
SEC. %. ind be ii further enacted, That the word
commits sioner, when used in this shall be under
stool to mean the persons vested with and eXerCi-
sing the principal diplomatic functions in China and
the word minister, as meaning the person vested
with the powers of chief diplomatic functionary of
the United States in Turkey. The word consul shall
be understood to mean any person vested by the
United States with ard exercising. the consular
thorty in any Of the five ports i'll China named in the
treaty, or in any port in Turkey.
SEC. %. And be II further enacted, That all such
officers shall be sihe for their concuct to the
United States and to the laws thereof. not only as
diplomatic functionaries and commercial funCtiona-
res, but judicial officers when they perform judi
cia officers when they perform judicial duties, and
seal be held li,be for all neglgences and miscon-
duct as public officers.
Approved August II, lS43.