The Arkansas banner., 1848-09-19
LAWS OF THE U. STATES.
BY AUTHORITY.
IPUsl.,c No. All

ID the treaties between the United States and China and the Ottoman Porte, giving certain ju. dictal powers to ministers and conscls of the United States in those counties
 be u enacted bg tAe Senate and House of Reprcsea- satires of the UHfsd States Of America ia Coagyess assfbed That, 10 carry into full effect the provis- ions of the treaty of July third eighteen hundred and foFty-fonr, with the Chinese empire, the com missioner and consuls of the United States duly ap pointed to reside in China, shall in addition to the other powers and duties imposed upon them by the provisions o said treaty, be vested with the judical authority herein described, which shall apperain to ahe said office of commissioner and consul and be part of the duties belonging thereto.
 Sec. Y And bsu fsrihrr snaded, That. in regsrd to cT1s'ss aHd HtsdeTfdRors, the said public func-
 ionaries are hereby fully empowered to arraien, and try, in the manner herein provided, all citi- zeRs of the United States charged with offences against law, which shall be.commited in tl,c domin ions cf China, including Macao and, upon conyic.
 on 10 seLtence such offenders in the manner here- in author;zed; snd the said funcienaries and each of them arc hereby authorized te issue all such processes as are suitable and necessary 10 carry this authority into execution.
 See 3. And De 1t fwthes enacted, That, in regard 10 ciril rigAis whether of property the person, the said funetouaries hereby vested with all the
 judicial authority necessary 10 execute the provis-
 Ons of said treaty, and sha entertain jurisdiction
 in matters of contSact at ;ae port where or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed and in all other matters at the port where or near est to which, the cause of controversy arose, or at the port where. nearest 10 which, tho damage complained of sustained--and such port above naIned being always one of the five mentioned in the treaty; which jurisdiction shai embrace all contro- verses between citizens of the United States oth- CTS provided for by said treaty.
 Sec. {. And be n fsIthsr enacted That such ju- risdiction In criminal and civil matters shall in all cases, be exercised and enforced in conformity w!u the laws of tho United States which arc hereby, so lar is necessary to execute said treaty, extended ever ali the citzens of the United States in China (and al others to the extent that the terms of the treaty justify require,) far such laws suitable to carry such treaty into effect; but in all where such laws adapted to the ob-
 ect, deficient in the provisions necessary 10 furnish suitable remedies, the common law shall be extended in like such citizens and oth. tn China; snd if defects still remain 10 be sup piled and neither the common law nor the statutes of the Unted States furnish appropriate and suita- ble remedies, the commissioner shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies.
 Sec. 5. And 5e | further endeied, That, in order to organize and carry into effect inc system of jurs- prudence demanded by said treaty, the commission err with the advice of the several consus for the five ports named in said treaty, or ss many of theR as can be conveniently assembled, shall prescribe be forms of all processes which shall be issued by any of said cousuis the mode of executing and the time of returning the same; the manner in which trials shall he conducted, and how the records thereof shall be kept; the form of oaths for Christian wit nesses, and the mode of exaIniaing all other will nhsses; the cost which Elali be allowed te the pre- vailing party, and the fees which shall be raid for judicial services 10 defray necessary expenses; tho manner in which all officers and agents 10 execute process and to carry this act into effect shall bc a pointed and compensated; the form of bail bonds, and the security which shall he required of the par y who appeals from t'1e decision of consul; and generally. without further enumeration. 10 make all such decrees and regulations from tihle to time, under the provisions of this net, the cxigency may dcrnhnd; and sl snch regulations, decrccs, aud orders shall be plainly crawn up n writing, and submitted above provided, for The advice of the consuls, or many of them Gan be consulted without prejutlicial delay inconvenienee, who shall each signify his asscrt or dissent in writing, with his name subscribed thereto; and after taking such advice, and considering the same. the com missioner may, nevertheless, by casiDg the decree, order, regulations to be published with his name thereto. and the opinions of his advisers inscribed thereon, 10 become binding and obligatory until an- nuiled or modified by Congress, and it shall take cf feet from the publication any subsequent day thereto named in the net.
 Sec 6. find b. t further ePacJtd. That all such regulations, orders. and decFees shall speedily may be after publication, he transmitted by the commissioner. with the opinions of his advisers. drawn ap by them severay. to the President, 10 be laid before Congress for revision
 Sec. :. .4sd bs farker enacted, That each of the coRsuis aforesaid, at the port for which he is ap- pointed, shall be competent under the authority herein contained, upon facts within his own know ledge, which he has good reason to believe true, or upon complaint made, Information fled in writing and authenticated in such way shall be prescribed by the commissioners. to issue his war- rant for the arrest of any citizen of the United States charged with committing in China offence against law and when arrested, to arrsign and try any such offender; and upon convicton, to sentence him to punishment in the manner herein prescri- bed; always meting out fp.nishmentl in manner prOportioned to the offence, which punishment shall, in all cases except is herein otherwise provided, by either fine or imprisonment.
 Sec. 8. .4Rd be farther enacted, That any con- sa. when sitting alone for the tal of offences, shall finally decided all eases where the fine imposed does not exceed one hundred dollars, the term of i'm prisonment does not exceed sixty days. and there shall be appeal thercfoFm, except as provided In section eleven of this act.
 Sec. Q. And Dc 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 imprisonment does moi exceed ninety days but in all such cases. if the fine exceeds hundred dollars, or the imprisonment exceeds nine iy days, the defendant may. by complying with the requirements ia eates of sppeai, carry the be- fore the commissioner by appeal.
 Sec. l9. .ind bs a Jurihsy enacted. That when ever in an any case the consul shall be of opinion that, hy of the legal questions which may arise therein, assistance will be useful 10 him, or whenever he shall be of opinion that severer pun ishment than those above specified will be required, he shalt, in either case, summon one or more cti- Eens nited States, not exceeding feur in mum Der, but in capital cases not less than four, who shsll be persons of good repale and competent 10 the duty. to sit with him in the trial, and who, af- ter sitting upon the trial, shalt each enter npon the record his judgment and opiaion and sign tine The consul shall, however. decide the ease {, but if his decision Opposed by the opinion of ous or more Of his associates the ease, without further proceedings, together with the evidence and opin- ions. shall be referred 10 the commissioner for his final adjudication either by entering up Judgment therein, or remit.ing the sama to the consul with instructions how to proceed iheEswiihi but in all