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

exercise Of jurisdiction IN civil cases where in the
Same is permitted by n laws Of Turkey or liz
usogos in its intercourse with the Franksor other
foreign Christian nations.
SEC. ~. dhd u flTther 6ndcted. That the rord
minister, when used IN thlsact shall be understood
! to mean the person invested with and exercising
the principal diplomatic functions In onch of lie
countries DtiOned IN the first section VI this net
/ The word consul shall be Understood to mean any
person invested by the United States with, md
exercising the functions Of consul general, vice.
ul.generbl, consul, or vico.consul ~ any OF
the countries herein named. And if at any time
there be no minister OF tho United Stntos in either
OF the countries hereinbefore mentioned, he Judi.
cial duties which are imposed by this net upon the
minister, shall devolve upon the consu general or
consul residing at the capital Of tho country who
is hereby authorized and required to discharge the
same.
/ SIC %. And be u fur,ser enacted, Tbat ALI such
officers shall be responsible for their conduct to the
United Stoes, and to the laws thereof, not only as
diplomatic or consular lunctOnares, respectiyel lv
but judicial officers, when they perform judicial
duties, and shall be held linble for all negligences
and misconduct as public officers
SEC "a. And be IL further enacted That capi
tai cases Sor murder or insurrection against
the government of either ofth countries here
inbefore mentioned, by citizens Of the Unit
ed States, or for offences against the public
peace amounting to felony under the laws of
the United States, may be tficd before the
minister Of the United States In the country
where the offence is committed If allowed iu =
rsdction; and it shall be Competent for each
of said ministers to issue all manner OF writs
to prevent the citizens Of the United States
from enlsting in the military or naval service
of either of said countries, to make war upon
any foreign power with whom the United
States are at peace, or in the service of one
Z q tI,., Ia
ton of the same people; and he may carry out
this power by resort to such force as may
at the time be within his rcach belonging to
the United States.
SEC. IS. And be il further enacted, That the
President be, and ishereby. authorized to ap-
point marshals for such of the consular courts
in the said countries as he may think proper.
not to exceed seven in number. namely, ono
in Japan, four in China, one in Sma and one
in Turkey, who shall receive an annual sala-
ry of one thousand dollars per annum, in ad-
diton to the fees allowed by the regulations
of the said ministers, respectively, in the said
countries; and it shall be the dnty of the said
marshals, respectively, to execute all process
issued by the minister Of the United States in
the said countries, respectively, or by the
consul at the port at which they reside, and
to make due return ofthe same TO the officer
by whom the same was issued, and to conform
in all respects, to the regulations prescribed
by the said ministers, respectively, in regard
to their duties. And the said marshals shall
give bond for the faithful performance of the
duties of the office, before entering upon the
duties or the same, which bond shall be in a
penal sum not to exceed ten thousand dollars
with two sureties to be approved by the Sec
retary of the State of the United States; and
the said bond shall be transmitted to the Sec
retary of the Treasury, and a certified copy
thereof be lodged in the Office Of the minister.
And in case any person aggrieved by the mis-
conduct of any of the said marshals
should desire to bring suit upon any of the
| said bonds, it shall be the duty of the Secre-
tary OF the Treasury, or the minister having
custody of copy ST the same. to furnish the
person so applying with certified copy there
of, upon which copy so furnished and certi-
fed suit may be brought and prosecuted with
the same effect as could be done upon the
original. Propided, That upon a plea of non
est factum verified upon oath, or any other good
calse shown, the court or the consul or min
ist er trying the cause may require the origin
al to be produced; and when so required, it
shall be the duty of the Secretary of the
Treasury to forward the original bond to the
court or consul or ministe1 requiring the
same: And prorided further, That before copy
of any such bond shall be furnished for suit it
shall he the duty OF the Secretary of the Treas
ury, or the minister to whom the application
is made, to require prima fDcia proof, to be
Judged of by the Secretary Of the Treasury
or the minister having charge of the copy,
that there is probable cause of action against
the marshal making the bond And pro-
ridcd further, That ali rules, orders, writs, and
processes of every kind which are intended
to operate or be enforced against any of the
said marshals, in any of the countries named
in this act, shall be directed to and executed
by such person as may be appointed for that
purpose 10y the minister or consul issuing the
same
SEC. 26. And be it further enacted, That the
President be, and is hereby, authorized, to
allow, in the adjustment ofthe accounts OF
each of the said ministers or consuls, the ac-
tual expenses ofthe rent of suitable buildings
or parts OF buildings to be used prisons
tor American convicts in the said countries,
not to exceed in any case the rate of six hun
dred dollars year; and also the wages of the
keepers of the same, and for the care of of
tenders, not to exceed, in any case, the sum
of eight hundred dollars per annum; and pro-
vided that no more than one prison shall be
hired in Japan, four in China, one in Turkey
and one in Siam, at such port or ports as the
minister with the sanction of the President,
may designate.
SEC. q. And be it further enacted, That the
jurisdiction Of the respective ministers in the
countries hereincefore named, where the same
is allowed by treaty, in ali matters of civil re-
dress or of crimes, except in the cases men
toned in the twenty-fourth section, shall be
appellate only, and 10 be exercised wherever
in said countries they may be respectfully ex-
ccpt also in cases where consular oflcer
shall happen TO be interested either as party
or witness, in which case original jurisdiction
is invested in the said ministers, respective
ly.
SEC. %. And be il further enacted, That the
provisions of this act be, and the same are
hereby extended, to Persia in respect to all
suits and disputes which may arise between
citizens Of the United Ststes thereini and the
minister and consuls who may be appointed
to reside in Persia are hereby invested, in re-
lation to the said suits and disputes, with
such powers as are by this act conferred upon
the ministers and consuls in China. And all
suits and disputes arising in Persia between
Persian subjects and citizens of the United
States. shall be carried before the Persian
tribunal, to which such matters are usually
referred, at the place where a consul or agent
OF the United States may reside, and snail oe
discussed and decided according to equity,
in the presence of an employe of the consul
or agent Of she United States; and it shall be
the duty of the consulaI officer to attend the
trial in person, and see that justice is admin
istered And all suits and disputes occurring
! in Persia between the citizens of the United
States and the subjects of other foreign powers
shall be tried and adjudcated by the inter-
mediation oftheir respective ministers or con-