Page:United States Statutes at Large Volume 18 Part 1.djvu/860

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788 Trrma: x1,vn.——FOREIGN RELATIONS. tries, and over all others to the extent that the terms of the treaties, respectively, justify or require. But in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies, the common law and the law of equity and admiralty shall be extended in like manner over such citizens and others in those countries; and if neither the common law, nor the law of equity or admiralty, nor the statutes of the United States. furnish appropriate and sufficient remedies, the ministers in those countries, respectively, shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies. An·est,tria.l,and Sec. 4087. Each of the consuls mentioned in section forty hundred sentence of crimi- and eighty-three, at the port for which he is aplpointed, is authorized MIS- upon facts within his own knowledge, or which e has good reason to 22 June, 1860, c. believe true, or upon complaint made or information tiled in writing and 179, S- 7A‘-1?.P-74- authenticated in such way as shall be prescribed by the minister, to issue his warrant for the arrest of any citizen of the United States charged with committing in the country an offense against law; and to arrai n and try any such offender; and to sentence him to punishment in the manner herein rescribed. Powersofccnsu- Seo. 4088. The consuls and commercial agents of the United States at l=?·*_Qm<¤€*¤ in }***· islands or in countries not inhabited by any civilized people, or recog- °“"l"°d°°“"t"°S‘ nized by any treaty with the United States, are authorized to try, hear, 22June, 1860, c. and d€t€1'IIllDB all cases in regard to civil rights, whether of person or 179,¤-30,v·12,P·78- property, where the real debt or dama es do not exceed the sum of one thousand dollars, exclusive of costs, and upon full hearing of the allegations and evidence of both parties, to give judgment according to the laws of the United States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction. They are also invested with the powers conferred by the provisions of sections forty hundred and eighty-six and forty hundred and eighty-seven for trial of offenses or misdemeanors. Decisicnsofcon- Sec. 4089. Any consul when sitting alone may also decide all eases in ¤¤}¤§ *PP€“·1 to which the fine im sed does not exceed five hundred dollars, or the term mmm'"' of imprisonment ddes not exceed ninety days; but in all such cases, if the 22 June, 1860, c. Eno exceeds one hundred dollars, or the term of imprisonment for misde- 179» S- 9»"·12»P· 74- meanor exceeds sixty days, the defendants or·any of them, if there be more than one, may take the case, by a peal, before the minister, if allowed jurisdiction, either upon errors of l)aw or matters of fact, under such rules as pliay be prescribe by the minister for the prosecution of appeals in suc cases. Jiiiisdiciioii of Sec. 4090. Ca ital cases for murder or insurrection against the governministers over cer- ment of either ofp the countries hereinbefore mentioned, by citizens of the

  • 3 *,'* {fe UP 8 S United States, or for offenses against the public peace amounting to felony

ggjimegtgelgn under the laws of the United States, may be tried before the minister of — — - e- the United States in the country where the odense is committed if allowed 17g2BJ£“"{·11;60g$- jurisdiction; and every such minister may issue all manner of writs, to ’"' ’p'prevent the citizens of the United States from enlisting in the military or naval service of either of the said countries, to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against anyother portion of the same people; and he may carry out this power by a resort to such fO1'CC belonging to the United States, as may at the time be within his reach. Appeiiaw jiiris. Sec. 4091. Each of the ministers mentioned in section forty hundred diction of minis- and eighty-three shall, in the country to which he is appointed, be fully

    • 5** *9 06******* authorized to hear and decide all cases, criminal and civil, which may
 come before him, by appeal, under the provisions of this Title, and to

22 June, 1860, c. issue all processes necessary to execute the power conferred upon him; 17gés·;[?;;;’·l]2éi’47?· and he is fully empowered to decide finally any case upon the evidence 62, ,,_ 18, jg_ 23_°' wh1ch_comes up with it, or to hear the parties further, if he thinks jk1S- tice will be promoted thereby; and he may also prescribe the rules upon which new trials may be granted, either by the consuls or by himself, if asked for upon sufficient grounds.