Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-10-18
BY AUTHORITY.
Acts and Resolutions passed at the FRS
Session o the Thirtieth Congress.
[PUBLIc-No. 81

10 receive the fees allowed by law to surveyors and
collectors for the same duties and no more. But all
cargoes chargeable with duties shall be entered and
the duties pal at the port of New York, before per-
mission shall be granted to discharge the same at
Cold Spring; that Greenport, the northeast part
Of Long Island, in the State of New York. be- and the
same is hereby, made port of delivery for the towns
Of Southhod and Riverhead, within the collection
district of the port OF Sag Harbor and that survey
or be appointed by the President with the advice and
consent of the Senate to reside at the said port of
Greenport, who shall have like powers and fees,an
be under the like restrictions, is provided IN this
act for the surveyor of Cold SPRING. but all cargoes
chargeable with duties shall be entered and the du-
ties shall be paid at the port of Sag Harbor before
permission shall be granted to discharge the same
Greenport.
Approved January 26, 1s4s.
TPuBLIc-No. 81
AN ACT to carry into effect certain provisions IN
the treaties between the United States and China
and the Ottoman Porte,siving certain Judicial pow
ers to ministers and consuls of the United States
in those countries.
Be it enacted by the Senate and House of Represen
taues Of tie United States of An,eri2a IN Con sss as
sembed That to carry into full effect the provisions
ri the treaty of July third eighteen hundred
ty-four: with the Chinese empire, the commits Toner
and the consuls of the United States duly appointed
to reside in China shall, in addition to the other
powers and duties imposed upon them by the provi-
sions of said treaty. be vested with the judicial a-
thority herein described, which shall appertain to
the SAID Office of commissioner and consul, and be
part of the duties belonging thereto.
SEC. 2. And be it further enacted, That in regard
TO crimes and misdemeanors, the said public func-
tiOnaries hereby fully empowered to arraign and
try, in the manner herein provided, all citizens OF
the United States charSed with Offences against law
which shall be committed in the domnions of CANA
including Macao. and. upon conviction, to sentence
such offenders in the manner herein authorized and
the said functonaries and each Of them are hereby
authorized to all such processes are suita-
bic and necessary to carry this authority into execu-
ton. ~ 80
SEC 3. And be il further enacted, That in regard to
civil rights, whether of property person, the said
funCtionares hereby vested with all the judicial
authority sary to execute the provisions of said
treaty, and shall entertain jurisdiction matters of
contract at the port where, nearest to which the
contract was made, at the port at which,
est to which, 1t to be executed and in all other
matters at the port where, nearest to which, the
of controversy arose, at the port where, or
nearest to which, the damage complained of was
tained-any such port above named being always one
Of the five mentioned in the treaty; which jurSiic-
ton shall embrace all controversies between citi-
of the United States others provided for by
said treaty.
SEC. 4. And be further enacted, That such juris-
dcton in criminal and civil matters shall, in all
ses, he exercised and enforced in conformity with
the laws of the United States, which hereby so
far as is necessary to execute said treaty. extended
over all citizens of the United states in China, (and
over all others to the extent that the terms of the
treaty justify or require.) so far such laws
Suitlbe to carry SAID treaty into effect; but in all
where such laws not adapted to the object,
deficient in the provisions necessary to fur
nish suitable remedies, the common law shall be
tended in like manner such citizens and others
in China and if defects still remain to be supplied,
and neither the common law the statutes of the
United States furnish appropriate and suitable
Dies the commissioner shall. by DEGREES and regula-
tons which shall have the force Of law, supply such
defects and deficiencies.
Sec. 5. And be furthqr enacted, That in order to
organize and carry into feet the system of urispru-
dence demanded by said treaty, the Commis sioner,
with the advice of the several consuls for the five
ports named in said treaty, many of them as
can be conveniently assembled, ahall prescribe the
forms of all processes which shall he issued by any
of said consuls the mode of executing and the time
of returning the same; the manner in which trials
shall be conducted, and how the records thereof
shall be kept the form of oaths for Christian wit
nesses, and the mode of examining all other witness
the costs which shall be allowed to the prev all
ing party, and the fees which shall be paid for Judi
cal services to defray necessary expenses the
ner in which all officers and agents to execute pro-
cess and to Carry this act into effect shall be ap
pointed and compensated; the form Of bail bonds,
AUD the security which shall be required of the party
who appeals from the decision of a consul and gen.
orally, without further enumeration. to make all such
DEGREES and regulations from time to t:me under the
provisions Of this act, the eNlgency may demand;
and all such regulations. DEGREES and orders shall
plainly drawn up in writing, and submitted, as above
provided, for the advice of the consuls as many
of them can be consulted without prejudicia de-
lay Inconvenience, who shall each signify his
sem o: dissent in writing, with his name subscribed
thereto; and after taking such advice, and consider
ing the same, the commissioner may, never theess.
by causing the decree, order, regulation to be
published with his signature thereto, and the opin-
ions of his advisers inscribed thereon, to become
binding and obligatory until annnlled or modified by
Congress, and it shall take effect from the pubca-
ton any subsequent day thereto named in the act
SEC. 6. And bt it further enacted, That all such
guations, orders, and DEGREES shall, speedily as
may he after publication be transmitted by the COM
missioner, with the opinions of his advisers, as
dra .,n up them severally to the Presidents to be
laid before Congress for revision.
SEC. I. And he il further enacted. That each of the
conss aforesaid, at the port for which he is arpoin
ted, shall be competent under the authority herein
contained, upon facts within his own knowledge, or
which he has good reason to believe true, upon
complaint made, or information filed in writing and
authenticated in such way shall be prescribed by
the commissioner. To Issue his warrant for the
rest of any citizen Of the United States charged with
committing in China offence against law; and
when arrested to arraign and try any such offender;
and upon convictions to sentence him to punishment
in the manner herein prescribed: always melting out
[punS nenf in manner proportioncd to the offence;
which punishment shall, in all cases. except as is
herein 9TH rwisc provided, be either fine or impris
onment.
SEC. 8. And be it further enacted, That any consul,
when sitting alone for the triol of offences. shall fl
nally decide all cases where the fine imposed does
not exceed hundred dollars. or the term of i'm
prisonment does not exceed sixty days, and there
shall he appeal therefrom, except provided in
section eleven Of this act.
SEC. Q. And be il further enacted, That when SIT
ting alone he may also decide all cases in which the
fine imposed does not exceed five hundred dollars
or the term of does not exceed ninety
laws but in all such cases, if the fine exceeds one
hundred dollars, or the imprisonment exceeds ninety
iavs the defendant may, by complying with the re-
lurements in of appeal, carry the before
the commissioner by appeal.