Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-09-08


States, which are hereby, SO far as is necessa-
ry to execute said treaty, extended over all
citizens of the United States in China, (and O.
yer all others 40 the extent that the terms of
the treaty Justify or require,) so far as such
laws are suitable TO carry said treaty into effect;
but in all cases where such laws are not adap-
Ted to the object, or are deficient in the provis-
ions necessary to furnish suitable remedies,
the common law shall be extended in like man.
ner over such citizens and others in China;
and if defects still remain to be supplied, and
neither the common law nor the statutes of
the United States furnish appropriate and sui
table remedies, the commissioner shall, by de.
crees and regulations which shall have the
force of law, supply such defects and defcien-
cies.
SEC. 5. And be 1t further enacted, That, in
order 10 organize and carry into effect the
system of jurisprudence demanded by said
treaty, the commissioner, with the advice of
the several counsels for the FIVE ports named
In said treaty, or so many of them as can be
conveniently assembled, shall prescribe the
forms of all processes which shall be issued
by any of said consuls; the mode of executing
and the time Of returning the same; the man.
ner in which trials shall be conducted, and
how the records thereof shall be kent; the
form OF oaths for Christian witnesses, and the
mode OF examining all other witnesses; the cost
which shall be allowed the prevailing party,
and the fees which shall be paid for judicial
services to detray necessary expenses the
manner in which all officers and agents to ex-
ecute process, and 10 carry this act into 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 enumeration, TO make all such DEGREES
and regulations from time to time, under the
provisions of this act, as the exigency may
demand and all such regulations, DEGREES, and
orders shall be plainly drawn up in writing,
and submitted, as above provided, for the adj
vice OF the consus, or as many of them as can
be consulted without pre- judicial delay or in
convenience, who shall each signify his assent
or dissent in writing, with his name subscri-
bed thereto and after taking such advice, and
considering the same, the commissioner may,
nevertheless, by causing the decree, order, or
regulations TO be published with his signature
thereto, and the opinions of his advisers in
scribed thereon, 10 become binding and obi-
gatory until annuled or modified by Congress,
and it shall take effect from the publication or
any subsequent day thereto named in the act.
Sec. E. And be at further enacted, That all
such regulations, orders, and DEGREES shall, as
speedily as may be after publication, be trans
mItted by the commissioner, with the opinions
of his advisers, AS drawn up by them several
ly, to the President, to be laid before Congress
for revision.
Sec. 7. Ind be 1t further enacted. That
each of the consuls aforesaid, at the port for
which he is appointed, shall be competent un-
der the authority herein contained, upon facts
within his own knowledge, or which he has
good reason to believe true, or upon complaint
made, or information filed in writing and au-
thenticated in such way as shall be prescri
bed by the commissioners, 10 issue his war
rant for the arrest of any citizen of the United
States charged with committing in China an
offence against law; and when arrested, to ar
ragn and try any such offender; and upon
conviction, 10 sentence him to punishment in
the manner herein prescribed; always melting
out punishment in a manner proportional to
! the offence, which punishment shall, in all Ca
/ Ses, except as is herein otherwise provided,
| be either fine or imprisonment.
SEC. 8. And be 1t further enacted, That
any consul, when sitting alone for the trial of
offences, shall finally decide all cases where
! the fine imposed does not exceed one hundred
dollars, or the term of imprisonment does not
exceed sixty days, and there shall be no APP
peal theretrom, except as provided IN section
| eleven of this act
SEC 8. And be 1T further enacted, That
when sitting alone he may also decide all ca
ses in which the fine imposed does not exceed
five hundred dollars, or the term of imprison-
ment does not exceed ninety days; but in all
such cases, if the fine exceeds one hundred
dollars, or the Imprisonment exceeds ninety
days, the defendant may, by complying with
the requirements in cases of appeal, carry the
case before the commissioner by appeal.
SEC 10. ind be 1t further enacted, That
whenever in any case tie consul shall be OF
opinion that, by reason of the legal questions
which may arise therein, assistance will be
useful 10 him, or whenever he shall be OF O.
pinion that a severer punishment than those
above specified will be required, he shall, in
either case, summon one or more citizens OF
the United States, not exceeding four in num-
Der, but in capital cases not less than four,
who shall be persons of goodrepute and CON-
petent to the duty, to sit with him In the trial,
and who, after so 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 OppOSeu ny luc OPIllIOu VI OhC VI I'oA0 vi
his associates, the case, without further pro.
ceedings, together with the evidence and opin-
ions. shall be referred TO the commissioner fol
| his final adjudication, either by entering up
Judgment therein, or remitting the same to the
consul with instructions how to proceed there
with; but in all such cases, except capital Of
fences, if the consul and his associates concur
in opinion, the decision shall be final.
SEC. IL. And be it further enacted, That
the consuls aforesaid, and each OF them, at the
port for which he is appointed, shall have ju-
risdiction, as is herein provided, in all clsl
cases arising under said treaty, wherein the
damage demanded does not exceed the sum o.
five hundred dollars; and if he sees fit 10 de
eide the same without aid, his decision there
on shall be final; but if in his judgment any
case involves legal perplexities, and assistance
will be useful, or If the damage demanded ex
ceeds five hundred dollars, in either such case
it shall be his duty to summon to his aid no
less than two or more than three citizens o
the United States of good repute and compe
tent TO the duty, who shall with him hea
such case and if the consul and his associate
concur in opinion, the judgment shall be final
but if the associates, or any OF them, dItte
from the consul, the opinions OF all shall b.
noted on the record, and each shall subscrb
his name to his assent to, or dissent from, III
consul. with such reasons therefor as b.
thinks proper to assign, and either party ma,
thereupon appeal, under such regulations a
+ NAV exist, to the commissioner; but If no ap
, peal is lawfully claimed, the decision OF tn
. | aoa.,,I .LaIl bo Anal and conclusive