The North-Carolina standard., 1849-02-28
PUBLIC-No. $50.


An Act to carry into effect certain provisions in the
treaties between the United States and China and
the Ottoman Ports, giving certain judicial powers
to ministers and consuls of the United States in
those countries.
SEC. l. Be it enacted by the Senate and House of
Representatives of the United STATES Of 4nerica Con-
gress assembled That, to carry into full effect the
provisions of the treaty of July third, eighteen hun
dred and forty-four, with the Chinese empire, the
commissioner and the conSuS of the United States,
duly appointed to reside in China, SHALL in addition
to the other powers and duties imposed upon them
BY the provisions of said treaty, be vested with the
judicial authority herein described which shall ap
pertain the said Office of commissioner and consul,
and be a part of the duties belonging thereunto.
SEC. g find be it further enacted, That in regard
to crimes and mlsdemeanors, the said public func-
tonares are hereby fully empowered to arragn, and
try in the manner herein provided, all citizens of the
United States charged with offences against law,
which shall be Committed in the domlnlons of China,
including Macao, and, upon conviction, to sentence,
such offenders in the manner herein authorized; and
the said functionaries and each of them are hereby
authorized to issue all such processes as suitable
and necessary carry this authority into execution
SEC. 3. A15d be it further enacted, That in regard
to civil rights, whether of property person, the
said functionaries hereby vested with all the
dica authority necessary to the provisions
of said treaty, and shall entertain jurisdiction in mat
of contract the port where nearest to which,
the contract was made, at the port at which, or
nearest to which, it to be executed and In all
other matters at the port here, to which,
the cause of controversy arose, at the port Where
nearest to which, the damage complained of was
sustained-any such port above named being always
one of the five mentioned the treaty which lurS-
diction shall embrace all controversies between ct
zens of the United States others provided for by
said treaty.
SEC A. find be IL further enacted, That such juris-
dicon in criminal and civil matters SHALL In all cases,
be exercised and enforced in conformity with the
laws of the United States, which are hereby, so far
is necessary 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 reauire so far as such laws suitable to
carry said treaty into effect; but In all cases where
such laws are adapted to the object, or are def
cient in the provisions necessary to furnish suitable
remedies the common law shall be extended in like
manner over such citizens and others In Chlna and
defects still remain to be supplied and neither the
common law nor the statutes of the United States
furnish approriate and suitable remedies, the COM
missioner shall, by DEGREES and regulations which
shall have the force of law supply such defects and
deficiencies
Sec s. find be it further enacted, That, in order to
organize and carry into effect the system of jurispru
dence demanded by said treaty, the commissioner,
with the advice of the several consuls for the five
ports named in said treaty. many of them as can
be conveniently assembled, shall prescribe the forms
of all processes which shall be issued by any of said
consus; the mode of executing and the time OF re-
turning the same the manner in which trials shall
be conducted and how the records thereof shall be
kept; the form of oaths for Christian witnesses, and
the mode of examining all other Witnesses the costs
which shall be allowed to the prevailing party, and
the fees which shall be paid for judicial services to
defray necessary expenses the manner In which all
officers and agents to execute process, and to carry
this into effect, shall be appointed and compen
saed 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
decees and orders shall be plainly drawn up in writ
Ing, and submitted, above provided for the advice
of the consus, many of them can be consult
ed without prejudicial delay or Inconvenience, who
shall each signify his assent or dissent in writing,
with his name subscribed thereto and after taking
such advice, and considering the same, the commits
sloner may nevertheless, by causing the decree, or
Der regulation to be published with his signature
thereto, and the opinions of his advisers inscribed
thereon to become binding and obligatory until an
nulled modified by Congress- and itsha take effect
from the publication or any subsequent day thereto
named in the act.
SEC. 6. find be it further enacted, That all such
regulations, orders and DEGREES shall, speedily
may be after publication, be transmitted by the
missioner with the opinions of his advisers, drawn