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


ldence shall be part of the case.
SEC. 13. And be 1T further enacted, That
the commissioner of the United States, shall,
in addition 10 his power 10 make regulations
and DEGREES, as is herein provided, be fully
authorized 10 hear and decide all cases, GRIM
inal 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 he is hereby fully
empowered 10 decide finally any case upon
the evidence which comes up with it, or 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
self, if asked for upon lustfable grounds
SEC. IA. And be tfurther enacted, That
IN all cases, except as is herein otherwise pro-
vided, the punishment of crime provided for
by this act shall be by fine or imprisonment,
or both, at the discretion of the functionary
who decides the case, hut subject TO the regu-
lations herein contained, and such as may
hereafter be made. 1t shall, however, be the
duty of each and every functionary TO allo
punishment according to the magnitude and
aggravation of the offence, and all who refuse
or neglect to comply with the sentence passed
upon them shall stand committed until they do
comply. or are discharged by order OF the con-
sui, with the consent of the commissioner.
Sec. Is. And be itturtber enacted, That
murder and Instruction, or rebellion against
the Chinese government, with intent to sub
vert the same, shall be capital offences, pun
lshable with death but no person shall be
convicted of either of said crimes unless the
consul and his associates in the trial all con
| cur in opinion, and the commissioner also ap-
proves of the conviction; but it shall always
be lawful TO convict one put upon trial for
either OF these crimes of lesser offence, of a
similar character, if the evidence iustifes it {;
and when so convicted, to punish as for 9TH
er offences, by fine or Imprisonment, or both
SEC. Is. And be 1t further enacted, That
whenever any one shall be convicted of eth
er OF the crimes punishable with death, as
aforesaid, It shall be the duty of the commits
sIoner 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 ends of public Justice de-
mand 1t, he may, from time to time postpone
such execution and if he finds mtigatory
! circumstances which may authorize it, may
submit the case to the President of the United
States for pardon.
| Sec. II. And be 1t further enacted, That il
shall be the duty of the commissioner TO es-
tabllsh tariff of fees for judicial services.
which shall be paid by such parties, and to
such persons, as said commissioner shall d.
rect; and the proceeds shall, as far as is neces-
sary, be applied TO defray the expenses incident
10 the execution OF this act and regular ac-
counts, both of receipts and expenditures, shall
be kept and laid before Congress by the COM
missioner annually.
Sec. Is Ind be 1t further enacted, That,
| in consideration of the duties herein imposed
upon the commissioner, there shall be paid TO
| nm, out OF the treasury 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 consuls, for q
like reason, the sum of one thousand dollars
in addition to consular fees.
Sec. 10. And be At further enacted, That
in all criminal cases which are not of a hei.
nous character, ii shall be lawful for the par
ties aggreved or concerned therein, with the
assent of the commissioner or consul, to ad.
just and settle the same among themselves
upon pecunlary or other considerations.
Sec. 20. And be 1t further enacted, That il
shall be the duty also of the commissioner and
the consuIs TO encourage the settlement of con.
troverses of a civil character by mutual agree.
ment, or to submit them to the decision of re.
ferees agreed upon by the parties, majority
of whom shall have power TO decide the mat
ter. And 1t shall be the duty of the commits.
soner 10 prepare form of submission fol-
such cases, TO be signed by the parties and &C.
knowledged before the consul; and when par.
ties have so agreed to refer, the referees NAV
after suitable notice of the time and place oil
meeting for the trial, proceed ex parte, in CASE
either party refuses or negiects to appear; and
after hearing any case, may deliver thei
award sealed to the consul, who, in court
shall open the same and if he accepts it, he
shall endorse the fact, and judgement shall b.
rendered thereon, and execution issue in com
pliance with the terms thereof Provided hou
eUer, That the parties may always settle thu
same before return thereof is made to the con
sui
Sec. 81. And be 1T further enacted, Tha
the commissioner and the consuls shall be full
ly authorized to call upon the Chinese author
tiles to sustain and support them in the ex
ecution of the powers confided to them BY
said treaty, and on their part 10 do and per
form whatever is necessary TO carry the pro
visions of said treaty into full effect so far al
they are to be executed in China.
SEC. %. Ind be 1t further enacted, Tha
Tue plOHIStOuS vi tIllS dCls 81 ldT dS ID6 sam
relates to crimes committed by citizens of tn
United States, shall extend to Turkey, unde
the treaty with the Sublime Porte of May sew
enth, eighteen hundred and thirty, and shall b.
executed in the domnions ofthe Sublime Porte
in conformity with the provisions of said trea
ty, by the minister of the United States, anc
the consnls appointed by the United States Il
reside therein, who are hereby ex officio yes
ted with the powers herein contained, for thu
purposes above expressed, so far as regard
the punishment of crime.
Sec. % Ind be it further enacted, Tha
the-word commissioner, when used in this act
shall be understood 10 mean the persons yes
, ted with and exercising the principal diplc
matte functions in China; and the word min
| lister, as meaning the person vested with III
powers of chief diplomatic functionary of tn
f United States in Turkey. The word, consu
shall be understood to mean any person vest
ed by the United States with, and exercising
: the consular authority in any of the five port
E in China named in the treaty, or in any por
in Turkey.
= SEC "a And be it further enacted, That al
t such officers shall be responsible for their con
{ duct 10 the United States and 10 the laws there