Page:United States Statutes at Large Volume 9.djvu/305

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THIRTIETH CONGRESS. Sess. I. Ch. 150. 1848. 279 be convicted of either of the crimes punishable with death, as afore- Commissioner Said, is shall he the duty of the commissioner to issue his warrant for Qnlsxf the execution of such convict, appointing the time, place, and manner ; mmm or persons but if the said commissioner shall be satisfied that the ends of public, :;¤'A9*°d °f°°Pijustice demand it, he may, from time to time, postpone such exeeu- ;,(}a;°;?,;}p,,,,c tion; and if he Finds mitigatory circumstances which may authorize such execution, it, may submit. the case to the President of the United States for QQ $1;; pardon. President for psu- Sec. 17. And be ftfurther enacted, That it shall be the duty of the d°”· _ A commissioner to establish atarif of fees for judicial services, which to Cg;‘;’gE;;l°"°; shall be paid by such parties, and to such persons, as said commis- my of ;ces,&c_ sioncr shall direct; and the proceeds shall, as far as is necessary, be applied to defray the expenses incident to the execution of this act; and regular accounts, both of receipts and expenditures, shall be kept ¢2;¤¤“¤} R€P°’* and laid before Congress by the commissioner annually. m °“gr°°s' Sec. 18. And be it further enacted, That, in consideration of the C¤mp¢¤S¤¤¤¤ duties herein imposed upon the commissioner, there shall be paid to §;d°°g;';E°'Q§; him, out of the treasury of the United States, annually, the sum of one services under thousand dollars in addition to his salary; and there shall also be paid, *-his °°*· annually, to each of said consuls, for alike reason, the sum of one thousand dollars in addition to consular fees. Sec. 19. And be it further enacted, That, in all criminal cases _ Incemincrimwhich are not of a heinous character, it shall be lawful for the parties ;;fiics°?:f:h cg? aggrieved or concerned therein, with the assent of the commissioner sent, of commsor consul, to adjust and settle the same among themselves, upon pecu- 3;";2n;¤Ya;$;:j niary or other considerations. ,_hemS€l,e,_ ° Sec. 20. And be it further enacted, That it shall be the duty also commissioner of the commissioner and the consnls to encourage the settlement of ¤¤d <><>¤;¤I¤ SIE}! controversies of a civil character by mutual agreement, or to submit ggsfslgiéstofcivi them to the decision of referees agreed upon by the parties, a majority il controversies of whom shall have power to decide the matter. And it shall be the ;f&;°gf;l ;‘};f°` . . . . . , ng duty oi the commissioner to prepare a form of submission for such me pm;eS_ cases, to besigned by the parties and acknowledged before the consul; and when parties have so agreed to refer, the referees may, aiier suitable notice of the time and place of meeting for the trial, proceed ex parte, in case either party refuses or neglects to appear; and, after hearing any ease, may deliver their award sealed to the consul, who, C0nsulm:1yenin court, shall open the same; and if he accepts it, he shall endorse {°'°° the ““'°’d· the fact, and judgment shall be rendered thereon, and execution issue in compliance with the terms thereof: Provided, however, That the parties may always settle the same before return thereof is made to the consul. Sec. 21. And be it further enacted, That the commissioner and the C#§T¤y<=¤N<>¤¢h9 consuis shall be fully authorized to call upon the Chinese authorities to min?; 1:%; sustain and support them in the execution of the powers confided to themin the exerthem by said treaty, and on their part to do and perform whatever is of Egg: ¥;‘;‘;: necessary to carry che provisions of said treaty into ful} effect, so far as 54.,4;,0 mem, they me to be executed in China. Sec. 22. And be itfurl/usr enacted, That the provisions of this act, Provisions of S0 far as ihe same relate to crimes committed by citizens of the United 3;‘a.:$;e°"°"d°d States, shall extend to Turkey, under the treaty with the Sublime y' Porte of May seventh, eighteen hundred and thirty, and shall be executed in the dominions of the Sublime Porte, in conformity with the provisions of said treaty, by the minister of the United States, and the consuls appointed by the United States to reside therein, who are hereby ex officio vested with the powers herein contained, for the purposes above expressed, so far as regards the punishment of crime: Sec. 23. And be it further enacted, That the word commissioner, Meaning or when used in this act, shall be understood to mean the persons vested ‘”°'d¤ "°°¤¤·