Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1860-10-11

WlsueinennoTs shall hnnlly decide all cases where
the fine imposed duos not exceed one hundred dbl
hrs, or the torn OF imprisonment does not ex
coed sixty days. And there shall be no bppea
therefrom except as provided in section eleven o
this act But no fine imposed by consul Tor O
contempt committed in the presence Of the court
or fol failing to obey summons from the same
shall exceed fifty dollars, nor shall the imprison
ment exceed twenty.four hours for the same con.
tempt.
SEo, Q. and be 70 further enacted, Tint whor
sitting alone he may also decide al cases III which
the fine imposed does not exceed five hundred dol
lars, or the term OF imprisonment does not exceed
ninety days; but in all such cases. il the fine ex.
ceeds one hundred dollars, or the term Of i'm
prisonment for misdemeanor exceed ninety days
the defendants (or any OF them, II there be more
than one) may take the cnse, by appeal, before
the minister of the United States, if ALLOWED juris
diction, either upon errors OF law or matters o
fact, under such rules may be prescribed by the
minister ior the prosecution OF appeals in such
cnses.
SEC, 10. .qnd be Il further enacted That when
ever, in any case, the consul shall be OF opinion
that, by reason OF the legal questions which may
arise therein, assistance will be useful TO him, OF
whenever he shall be OF opinion that a severe pun.
ishment than those above specified will be reqnr-
ell, he sha II, in either case, summon one or more
citizens of the United States, not exceeding four
in number. taken by lot from list OF individuals
which shall have been submitted previously to the
minister for his approval, but in capital cases not
less than four, who shall be persons of good repue
and competent to the duty, to sit with him in the
uial, aud who, after so sitting upon the trial. shall
each enter upon the record his judgment and opin
ion, and sign the same. The consul shall, how
ever give Judgment in lhe case; but il his decision
is opposed by the opinion of one or OF his u 5
sOcates, the case, without further proceedings to
gether with tho evidence and opinions shall be
REFEREED to the minister for his final adjudication
either by entering up Judgment therein, or remit.
t,,,., tI,. th,r
10 proceed herewith; but in all such cases, except
capital offences, if the consul and his associates
concur in opinion, the decision shall be final ex.
copt as is provided IN section nine of this act.
SEC. II. And be ii further endcted, That the con
suls aforesaid and each OF them, at the port Tor
which he is appointed, shall have jurisdiction, as
is herein provided, in all civil cases arising under
such treaties, respectively, wherein the damage
demanded docs not exceed the sum of five hun.
dred doars and # sees fit 10 decide the saine with.
out aid, his decision thereon shall be fna but if,
in his Judgment, any case involves legal perplex.
tiles, aud assistance will be useful, or if the dam
ure demanded exceeds five hundred dollars in
either such case it shall he his duty to summon to
his aid from list OF individuals which shall have
been nominated for the purposes of this act TO the
minister and received his approval, not less than
two nor m re than three citizens OF the United
States, fsuch are residing at the port of good
repute and competentto the duty, who shal ! with
him hear any such case; and il the consul and bis
associa les concur in opinion, the judgment shall
be final; but if the associates, OF any ofthem, differ
from the consul, the opinions OF all shall be noted
Cn the ord, and each shall subscribe his name
to his assent to or dissent from the consul, with
such reasons therefor he thinks proper assign
and either party may thereupon appeal, under such
regulations us may exist to the minister; but if no
appeal is lawfully claimed, the decision OF the
consul shall be final and conclusive.
SEC, 10. md be II t,rtLer enacted, That in all
cases, criminal and civil, the evidence shall be
taken down in writing in open court, under such
regulations as may be made for that purpose; and
all objections TO the competency or character OF
testimony shall be noted, with the ruling in all
such cases, and the evidence shall be part of the
case.
SEC. ~. .qnd be It further enacted, That the
minister Of the United States in the country tc
which he is appointed shall, in addition to his pow
or To make regulations nnd decrees herein pro.
vided, be fully authorized to hear and decide all
cases criminal and civil, which may come before
him, hy appeal, 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 decide finally any case upon the
evidence which comes mp with il, or TO hear the
parties further. il he thinks Justice will be promot.
ed thereby; and he may also prescribe the rules
upon which new trials may be granted, either by
the consuls or by himself il asked for upon justif.
able grounds
SEC. H. And be IL ftrther enacted That in oil
cases except ms is herein otherwise provided, the
punishment of crime provided for by this act shall
be by fine or imprisonment, or both, at the discre.
ton # the functlonary who decides the case. but
sub ect to the r. gulaions herein contained, and
such may hereafter be made. 1t shall, however,
be the duty Of each and every funcIionary TO allot
punishment according to the magnitude and aggra-
vaiion OF the oiiense; and all who refuse neg
lect o comply with the sentence passed upon them
shall stand committed until they do comply, or
are discharged by order of the consul, with the
rpD nt tbp mi in he
SEC. u. .fnd be il fUrtter enacted, That murder
and insurrecron or rebellion against the govern.
men, OF eihor of the said countries. with intent 10
suhvert the same, shall be capital offences punish.
able with death: but no person shall be conuicted
of either of said crimes, unless the consul and his
associates i'll the trial all concur in opinion, and
the minister altO approves OF the convictions but
it shall always be lawful to convict one put upon
trial or either ot these crimes, OF lesser offence
OF a similar character il the evidence iustifes it,
and when 81 convicted, to pu nish, as for otheY
oiienses by fine or imprisonment, or both,
SIC. l6. And be ii further enacted, That when
ever any one shall bo convicted of either of the
crimes punishable with death. as aforesaid in eth.
er OF the said countries, it shal be the duty of the
minister to issue his warrant for the execution OF
such convict, appointing the time, place, aud man
ner; but if the said minister shall be satisfied that
the ends of public justice demand it, he may from
time to time, postpone such execution; and if he
hnds matigatory circumstances which may autho-
rize it, may submit the case to the President OF
the United States for pardon.
SEC. II. And be it further enacted, That it
shall be the duty of the minister in each OF the
said countries TO establish tariff OF fees for judi
cial services, which shall be paid by such parties
and to such persons, as said minister shall direct
and the proceeds SHALL so far os is necessary, be
applied to deiray the expenses incident to the exc
cution OF this act; and regular accounts, both OF
receipts and expenditures, shall be kept by the said
minister and consuls and transmitted annually to