The North-Carolina standard., 1849-02-28

ed shall he competent under the authority herein
contained, upon facts within his own knowledge,
which he has good reason to believe true, or upon
complaint made, information filed in writing and
authenticated in such way shall be prescribed by
the commissioners to issue his warrant for the arrest
of any citizen of the United States charged with
mitting in China an offence against law; and when
arrested, to arraign and try any such offender; and
upon conviction, to sentence him to punishment In
the manner herein prescribed; always melting ont
punishment in a manner proportioned to the Of
fence; which punishment shall, in all cases. except
is herein otherwise provided, be either fine inn
prisonment.
Sec. 8. .qnd be it further enacted, That any consul,
when sitting alone for the trial of offences, shall final
ly decide all where the fine imposed does not
exceed one hundred dollars, the term of imprison
ment does not exceed sixty days, and there shall be
no appeal therefrom, except as provided In section
eleven of this act.
Sec g. 4d be it further enacted That when sitting
alone he may also decide all cases in which the fine
imposed does not exceed five hundred dollars, the
term of Imprisonment does not exceed ninety days
but in all such cases. if the fine exceeds hundred
dollars, the Imprisonment exceeds ninety days,
the defendant may, by complying with the require
ments in of appeal, carry the case before the
commissioner by appeal.
Sec. 10. .4nd be 1t further enacted That whenever
in any the consul shall be of opinion that, by
reason of the legal question which may arise therein,
assistance will be useful to him. or whenever he shall
be of opinion that 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 number, but in capital
not less than four who shall be persons of good
repute 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 and opinion,
and sign the The consul shall, however,
decide the but if his decision is opposed by the
opinion of of his associates, the case,
without further proceedings together with the evil
dence and opinions, shall be referred to the commits
soner for his final adjudication either by entering
judgment therein, remttng the to the consul
with t0 hnf in
all such cases, except capital Offences if the consul
and his associates concur In opinion, the decision
shall be final.
SEC. H. find be it further enacted That the consul
aforesaid and each of them at the port for which he
is appointed, shall have jurisdiction, as is herein pro-
vided in all civil cases arising under said treaty.
wherein the damage demanded does not exceed the
sum of FIVE hundred dollars and if he fit to de-
eide the without aid, his decision thereon shall
be final but if in his jud gment any case involves
legal perpexities, and assistance will be useful, or
if the damage demanded exceeds five hundred dol
lars, either such case it shall be his duty to summon
his aid not less than two and more than three cit
nted States, of good repute and competent
to the duty, who shall with him hear any such case
and if the consul and his associates In opin-
the Judgment shall be final but If the associates
any of them, differ from the CONSUL the opinions
of all shall be noted the record, and each shall
subscribe his to his assent to, or dissent from,
the consul, with such therefor as he thinks
proper to assign, and either party may thereupon
appeal, under such regulations may exist, to the
commissioner; but if appeal is lawfully claimed,
the decision of the consul shall be final and conclu-
sive.
Sec. I2. 4ud be it further enacted, That, in all
cases, criminal and CIVIL the evidence shall be taken
down in writing in open court, under such regula-
tons may be made for that purpose; and all OBJ
ectons the competency character OF testl mony
shall be noted down, with the ruling in all such cases.
and the evidence shall be part of the case.
Sec. Is. find be it further enacted, That the COM
missioner of the United States SHALL In addition to his
how
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 necessary to execute the power conferred
upon him and he is hereby fully empowered to de-
eide finally any upon the evidence which comes
up with it, 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 consus or by HIMSELF if asked
for upon justfable grounds.
Sec. Ia. find be 1T further enacted, That In all
cases, except as is herein otherwise provided, the
punishment of crime provided for by this act shall
be by fine or Imprisonment, both the discretion
of the funconary who decides the case, but subject
to the regulations herein contained, and such may
hereafter be made. 1t shall, however, be the duty
of each and every functionary to alot punishment
according to the magnitude and aggravation of the
offence and all who refuse neglect to comply with
the sentence passed upon them shall stand committed
until they do comply, or are discharged by order OF
the consul, with the consent of the commissioner
Sec. Is. find be it. further enacted, That murder
and insurrection, or rebellion against the Chinese
government with intent Subvert the same, shall be
capital offences punishable with death but per-
son shall be convicted of either of said crimes unless
the consul and his associates in the trial all
in opinion, and the commissioner also approves OF the
conviction; but it shall always be lawful to convict
put upon trial for either of these crimes of lesser
offence, of similar character, if the evidence ustl-
es it; and when Convicted to punish as for other
offences, by fine or Imprisonment, or both.
Sec. 16. find be ii further enacted, That wheneV-
punishable with death, as aforesaid it shall be the
duty of the commissioner 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 demand it,
he may, from time to time, postpone such execution;
and if he finds mtgatory circumstances which may
authorize it. may submit the to the President of
the United States for pardon. !
Sec II. find be 1t further enacted, That it shall
be the duty of the commissioner to establish tariff
of fees for judicial services, which shall be paid by
such parties, and to such persons, as said commits
sioner shall direct and the proceeds shall, far
is necessary, be applied deay the expenses incl
dent to the execution of this act; and regular ac
counts, both of receipts and expenditures, shall be
kept and laid before Congress by the commissioner
annually.
SEC. Is. and be 1t further enacted, That, in con-
sideration of the duties herein imposed upon the
there shall be paid to him, out of the
treasury of the United States, annually the sum of
one thousand dollars in addition his salary and
there shall also be paid, annually to each of said
consuls, for like reason the sum of one thousand
dollars in addition to consul ar fees.
SEC. 10. And be IL further enacted, That, in all {
criminal cases which are not Of heinous character,