Page:United States Statutes at Large Volume 9.djvu/302

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

276 THIRTIETH CONGRESS. S1-zss. I. Ch. l50. 1848. Aug. 11, 1848. Culp. CL.- An Act to carry into Eject certain Provisinms in_t}»e Trmzles hgtqsgsn """""’_" the United States and C/uma and the Olteman Porte, guing certain Judzczul powers ta .MinisLers and Consuls of the United States in thnsc Countries. UB0 67IdCt8`£` 3] the- Scrfaigand Hvuse %)l£i]ep’;e;e?i¢;fives of-the The ccmmis- nite tutes 0 merzca m angress asscm , a , 0 carry ing

 full etiect the provisions of the treaty of July third, eighteen hundred

States appointed and forty-four, with the Chinese empire, the cornmissioner and the

  • °'$3d°*_':}fl;l;'i“ consuls of the United States, duly appointed to reside in China, shall,
 aut;`Qm>l_ in addition to the other powers and duties imposed- upon them by the

provisions of said treaty, be vested with the Judicial authority herein described, which shall appertain to the said office of commissioner and consul, and be a part of the duties belongingihereto. any arraign an? Sec. 2. And be it further enacted,. That 111 regard to crimes and

l‘;”ljn€;f';l;t;s misdemeanors, the said Public functionaries are hereby fullyempowcharged with or- ered to arraign, and try, in the manner herein provided, all citizens of

l` at ‘‘ , · lgilchnhe the United States charged with offenceslagamst lay? which shall be g(,nSarcham,,a¤a committed m the dommions of Chmaz mc uding acao, land, upon ¤p<>¤ ¤¤¤vi¤ti¤¤. conviction, to sentence such ollenders m the manner herein author-

 um °f' ized; and the said functionaries and each of them are hereby author-

1850 ch G5_ ized to issue all such processes as are suitable and necessary to carry ' this authority into execution. uorghfgrrlujfgifg SEC- 3- And be if further enacted? That in regard to civil rights, mu Hghé whether of property or person, the said functionanes are hereby vested with all the judicial authority necessary to execute the provisions of said treaty, and shall entertain jurisdiction in matters of contract at the port where, or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed; and in all other matters at the port where, or nearest to which, the cause of controversy arose, or at the port where, or nearest to which, the damage complained of was sustained--any such port above named being always one of the live mentioned in the treaty; which jurisdiction shall embrace all controversies between citizens of the United States or others provided for by said treaty. Uy·¤~;¤St¤tl` ms Sec. 4. And be it further enacted, That such jurisdiction in criniiczggd 0355 inal and civil matters shall, in all cases, be exercised and enforced in citizens of the conformity with the laws of the United States, which are hereby, so U““°d S""°’ i“ far as is necessar to execute said treat extended over all citizens ol` China; and when . y. , y’ theymadegcjent, the United States in China, (and over all others to the extent that the the <¤>ml;¤9¤ terms of the treaty justify or require,) so far as such laws are suitable

 "' l ° to carry said treaty into effect; 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 shall be extended in lilac Where these manner over such citizens and others in China; and if defects still ff; remain to he supplied, amlneither the- common law nor the statutes er shall, by de- of the United States furnish appropriate and suitable remedies, the

 commissioner shall, by decrees and regulations which shall have th€

dc;-Bw_ force of law, supply such defects and deficiencies. _The cpmmis. Sec. 5. And be it further enacted, That, in order to organize and §¤°¤!¤>f» W-h the carry n1t0_effect the system of jnrisprudence demanded by said treaty, advice of thesev h H Em comms, to the commissioner, with the advice of the several consuls for the V6 make the neces- ports named in said treaty, or so many of them as can be conveniently g;'g€’°¤“*¤**°*r=· assembled shall prescribe the forms of all processes which shall be es, &,c., for . ’ . . . carrying the pm- lssued by any of said consuls; the mode of executing and the time 0f

';;°;¤§,;3*·l¤¤¤ ¤‘* returning the same; the manner in which trials shall be conducted,

` and how the records thereof shall be ke t; the form of oaths for Chris- . . P tran witnesses, and the mode of examining all other witnesses; the costs_ which shall be allowed to the prevailing party, and the fees which shall be paid for judicial services to defray necessary expenses;