New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-26

seven, eighteen hundred and Exty-eigh
shall be deemed to apply to this act; az
| all prosecutions for olfenses COMMITTEE
II against the provisions of this act, ana q
other proceedings had because Of the VOL
tions Of the provisions of this act. and WINE
are authorised by said act above mentlone'
shall be in accordance with the PROVISION
thereof: and all acts and parts OF acts
u consistent with the provisions OF this act al
# SEC. s. And be it further enacted, Ths
f the Congress may at any time hereafte
t alter, amend or repeal this act.
Approved July l, 1870. =
rPUBk1c-No. 1885,
! AN ACT to amend an act entitled can &C
I to carry into effect provisions OF tn
treaties between the United States, China
Japan, Siam, Persia and other countries
tiers and consuls and other flnctionarie
of the United States in those countries
and for other purposes" approved Jun
twenty second, eighteen hundred ant
sixty.
Be it enacted by the Senate and House o
Representatives of the United States o
America in Congress assembled, That tn.
act Of Congress entitled AN act to carry
into effect provisions of the treaties be
| LWctu Iuc Oulteu CtdtcS, Oulud, O1PNu
Siam, Persia and other countries, giving
certain judicial powers to ministers and
| cOnsuls, or other functiOnaries of the United
States in those countries, and for other pur
poses," approved June twenty-second,
eighteen hundred and sixty, as far as the
same is in conformity with the stipulations
4 of the treaty with Madagascar, is hereby
extended to that country, and it shall be
| executed in conformity with the provisions
/ Of <1~o <hn of N
! nations in such cases and the act shall, in
| the same manner extend to any country of
| like character with which the United States
| may hereafter enter into treaty relations.
! SIC. 2. And be it further enacted, That
that the superior judicial authority con-
ferred on the consul general or consul re-
| siding at the capital Of any country men
toned in such act, OF herein provided for,
including the power to make DEGREES and
regulations, is hereby vested in the Secre-
tary of State for the time being
SEC. 3. And be it further enacted, That
when any final judgment of the minister to
China or to Japan is given in the exercise
of original or of appellate criminal jurisdic-
ton, the person charged with the crime or
offense, if he considers the judgment errone
GUS in point Of law, may appeal therefrom
to the circuit court for the district OF Cali
fornia; but such appeal shall not operate az
a stay of proceedings, unless the minister
shall certify that there is probable cause to
grant the same, when the stay shall be such
as the interests of justice may require.
Sec. 4. And be it further enacted, That
on any final judgment in a consular court
OF China or Japan where the matter in dis
pute exceeds five hundred dollars, and does
not exceed two thousand five hundred dol
Tart, exclusive Of costs, an appeal shall be
allowed to the minister in such country, as
the case may be; provided, Thst the appel
liant complies with the conditions estab-
lished by general regulations; and the min
listers are hereby authorized and required
to receive, hear add determine such appeals.
Sec. 5. And be it further enacted, That
where the matter in dispute exclusive of
hundred dollars, an appeal shall be allowed
to the circuit court for the district of Cali
fornia; and upon such appeal a transcript
of the libel, bill, answer, dispositions. and
all other proceedings in the cause shall be
transmitted to the circuit court, and no new
evidence shall be received on the hearing of
the appeal, and the appeals shall be subject
to the rules, regulations and restriction
prescribed in law for writs of error from
district courts of the United States.
SEC. 6. And be it further enacted, That
on any final judgment Of the minister to
China, or to Japan, given in the exercise
of original jurisdiction, where the matter in |
dispute, exclusive OF costs, exceeds two |
thousand five hundred dollars, all appeal |
shall be allowed to the circuit court as pro- |
vided in the last section.
SEC. 7. And be ii further enacted, That |
the circuit court of California is hereby |
authorized and required to receive, hear
and determine the appeals provided for in
this act, and the decisions of such court
shall be final.
SEC. 8. And be it further enacted, That
the appeals allowed by this act shall be only
in cases arising after its passage.
Sec. 9. And be it further enacted, That
the President is hereby authorized to allow.
in the adjustment of the accounts of the
consul general at Shanghai, the actual ex-
pense Of the rent of suitable building, to
be used as prison for American convicts in
China, not to exceed one thousand five hun
bred dollars year; and also the wages of
the keepers OF the same, and for the care of
not to exceed five thousand dol
lars year and to allow in the adjustment
of the accounts Of the cOnsuls at other ports
IN China the actual expense of the hire of
exceed in all five thousand dollars year.
SEC. 10. And be it further enacted, That
,he President is hereby authorized to allow,
n the adjustment of the accounts of the
consul at kanagawa, the actual expense
1t the rent of a suitable building. to
'e used as a prison for American
'onvlcts in japan, not to exceed seven
hundred and fifty dollars year; and also
he wages of the keepers of the same, and
or the care Of offenders, not to exceed two
thousand five hundred dollars year; and
o allow in the adjustment Of the accounts
Il tile cOnsuls at other ports in Japan the
ctual expense of the hire Of cOnstables and |
he care of offenders, not to exceed in all
wo thousand five hundred dollars year.
Approved, July l, 1870.