, 1861-01-18

no appeal Is lawfully claimed the decision Of the
sul shall be fnal and conclusive.
SEC. II. And BE- if further snacted, That In all
cases criminal and civil the evidence shall be taken
down in writing IN open court, under such regulations
may be made for that purpose; and all objections
to the competency character Of testimony shall be
noted, yitthe ruling In all such cases, and the
dence Shall be part Of the case.
SEC. -. 4nd be Il further enacted That the min
steT OF the United States in the country to which lac
Is appointed shall, in addition to his power N make
regulaions and deerycs a. herein provided, be fully
aRthOu1Ud 70 hear and decide all cases criminal civil
which may come before him. by appeal under the
provisions Of this act and 10 issue all processes
say y execute the power conferred upon him; and he
Is hereby fully empowered TO decide finally any case
upon the evinence WEIGH comes up with IT, or 10 hear
the parties further II he thinks justice will be promo
ted thereby; and he may also pnsobe the rules upon
which new trials may be granted, either by the con
sus or by himself asked for upon justiha6e ground,
| SEC. II. -ARd BE- IL tiJttsr Enacted, That In all
oasU except Is herein otherwise provided the pun
shment Of crime provided Tor by this act shall be by
zine imprisonment at tho discretion Of the function.
ary who decides the case but SUBJECT 10 the regula-
ons herein contained anc such as may hereafter be
made. IL shall however, be the duty Of each and
every functionnry 10 alot punishment according TO
tie magnitude and asgravaton OF the onense; and all
who refuse neglect 70 comply with the sentence
passed upon them shall stand committed until they
comply discharged by order Of the consul with
the consent Of the minister 10 the country.
SIC. Is. And Be further Racied, That murder
Of either Of the aid countries with intent to subvert
the same, shall be capital offences, punishable with
death; but no person shall be convicted OF either Of
said crimes unless the consul and his associates In the
trial all concur In opinion, and the minister also ap
proves Of the conviction but Il shall always be lawful
10 convict put upon trial for either Of these crimes
Of Lesser Oense OF similar character II the evidence
lustihes IT, and when 50 Convicted 10 punish, foI
other Odenses, by hne or imprisonment, or both.
SEC. l6. Ahd Be IL Jn ther enacted, That when
any shall be convicted Of either Of the cme'
punishable with death. aforesaid 10 either Of the
said countries Il shall be the duty Of the minister II
issue his warrant for the execution Of such convict
appointing the time place and manner; but il the said
miuter shall be satisfied that the ends Of public JUS
hce demand II, be may from time postpone such exc
cution; and II be finds migratory circumstances which
may authorize Il. may submit the case 10 the Presi
dent Of the United States for pardon.
SEC IL. dnd be Il further eRdeted, That II shall
be the duty Of the minister In each Of the said
tries to establish teIH Of fees for judicial services
which shall be paid by such parties and to such per
sons, as said minister shall Direct and the proceeds
shall far Is necessary, be applied to defay the
expenses incident 10 the execution Of this set; and
regular accounts both Of receipts and expenditures
shall be kept by the said minister and cOnsus and
/ transmitted 10 the Secretary Of State
1 SBc. Is. dnd Be Il further sndeted That In all GRIM
nal which not Of heinOus character II shall
be lawful for the parties aggeYed concerned there
n with the assent Of the minister In the country,
consul, 10 adjust and settle the aIme among them
selves, upon pecuniaTy or other considerations.
SEC. 10. And be Il JiTflaer enacted, That IL shall be
the duty also Of the said ministers and the cOnsus 10
encourage the settlement Of controversies Of a civil
character, BY mutual agreement 10 submit them to
the decision Of referees agreed upon by the parties
majority Of whom shall have power 10 decide the mat
ter. And It shall be the duty Of the minister In each
country TO prepare form Of submission for such cases
70 be signed by the parties, and acknowledged before
the CONSUL and when parties have agreed to refer
the referees may, after suitable notice OF the time and
place Of meeting for the trial proceed tex parte" In
case either party refuses negects 70 appear; and
amer hearing any case may deliver their award, seal
ed, TO the consul who, In court shall open the same;
and II be accepts H. be shall indore the fact and judg
ment shall be rendered thereon and execution lssne
in compliance with the terms thereof; Provided,
h0ioever, That the parties may always settle the same
before retnn thereof Il made 10 the consul
SEC. 20. ARd be Il further enacted, That the min.
sters Aforesaid and consuls shall be fully authorized
70 call upon the local authorities 10 sustain and sup
port them In the execution Of the powers eonded 70
70 them BY said treaty and their part 10 do and
perform Whatever Is necessary 10 carry the provisions
Of said treaties into fall effect far they are 10 be
execnted In the said countries, respectively.
Sac. Il. 1ni be q further Enacted, That the pro-
visions OF this act far the relate 10 crimes
and onenses committed by citizens OF the United
States shall extend to Turkey, under the treaty with
the Sublime Porte Of May seventh, eighteen hundred
and thirty, and shall be executed in the Ottoman do
mlnions In conformity with the provisions Of said
treaty, and Of this act by the minister Of the United
States and the c0nsul OF the United States [appoint
edl 10 reside therein who hereby oDieO vested
with the powers herein conferred upon the minister
and eonsnls 10 China for the purposes above express
ed so far as regards the punishment Of crime also for
the exercise OF jurisdiction In civil wherein the
same Is permitted by the laws Of Turkey its usages
in It's intercourse With the Franks or other foreign
/ ITo Be Confinued1