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Crimes not of a

heinous character may be settled by the

parties with assent

of the Commissioner

or Consul.

SEC. 19. And be it further enacted, That in all criminal cases which are not of a heinous character, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the Commissioner or Consul, to adjust and settle the same among themselves, upon pecuniary or other considerations.

SEC. 20. And be it further enacted, That

Commissioner and

it shall be the duty also of the Commis- Consuls to encourage sioner and the Consuls to encourage the rangement of civil settlement of controversies of a civil cha- suits. racter by mutual agreement, or to submit

them to the decision of referees agreed upon by the parties, a majority of whom shall have power to decide the matter. And it shall be the duty of the Commissioner to prepare a form of submission for such cases, to be signed by the parties and acknowledged before the Consul; and when parties have so agreed to refer, the referees may, after 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 case, may deliver their award sealed to the Consul, who, in court, shall open the same; and if he accepts it, he shall endorse 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.

Chinese authorities

to be called upon to

aid in carrying out

the Treaty.

SEC. 21. And be it further enacted, That the Commissioner and the Consuls shall be fully authorized to call upon the Chinese authorities to sustain and support them in the execution of the powers confided to them by said treaty, and on their part to do and perform whatever is necessary to carry the provisions of said treaty into full effect, so far as they are to be executed in China.

Provisions of this act to extend to

SEC. 22. And be it further enacted, That the provisions of this Act, so far as the Turkey. same relate to crimes committed by citi

zens 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 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.

Definition of the words Commission

sul.

SEC. 23. And be it further enacted, That er, Minister and Con- the word Commissioner, when used in this Act, shall be understood to mean the person vested with and exercising the principal diplomatic functions in China; and the word Minister, as meaning the person vested with the powers of chief diplomatic functionary of the United States in Turkey. The word Consul shall be understood to mean any person vested by the United States with, and exercising, the consular authority in any of the five ports in China named in the treaty, or in any port in Turkey.

Such officers to be

United States.

SEC. 24. And be it further enacted, That responsible to the all such officers shall be reponsible for their conduct to the United States and to the laws thereof, not only as diplomatic functionaries and commercial functionaries, but as judicial officers when they perform judicial duties, and shall be held liable for all negligencies and misconduct as public officers.

ROBT. C. WINTHROP,

Speaker of the House of Representatives.
DAVID R. ATCHISON,

President

pro tempore of the Senate.

APPROVED, August 11th, 1848.

JAMES K. POLK.

AN ACT to repeal so much of the Act approved August 11th, 1848, as extends the provisions thereof to Масао.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the act "To carry into effect certain provisions in the treaties between the United States and China and the Ottoman Porte," giving certain judicial powers to ministers and consuls of the United States in those countries, approved the eleventh day of August, eighteen hundred and forty-eight, as extends jurisdiction over, or the right to exercise any of the powers conferred by said act in Macao, be, and the same is hereby repealed.

Approved, September 20th, 1850.

AN ACT to carry into effect certain Provisions in the Treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain Judicial Powers to Ministers and Consuls, or other functionaries of the United States in those countries, or for other purposes.

Published for their information by the Department of State, Washington, July 2, 1860.

NOTE.-Treaties were negotiated with China, July 3d, 1844; and June 18th, 1858; and a Convention, November 8th, 1858.

Treaties were negotiated with Japan, March 31st, 1854; and June 17th, 1857; and July 29th, 1858.

A Treaty was negotiated with Persia, December 13th, 1856.

Treaties were negotiated with Siam, March 20th, 1833; and May 29th, 1856.

Ministers and Con

judicial powers.

Be it enacted by the Senate and House suls invested with of Representatives of the United States of America in Congress assembled, That, to carry into full effect the provisions of the treaties of the United States with the empires of China, Japan, and Siam, respectively, that Ministers and Consuls of the United States, duly appointed to reside in each of the said countries, shall, in addition to other powers and duties imposed upon them, respectively, by the provisions of such treaties respectively, be invested with the judicial authority herein described, which shall appertain to the said office of Minister and Consul, and be a part of the duties belonging thereto, wherein the same is allowed by treaty.

Crimes and Misdemeanors.

SEC. 2. And be it further enacted, That in regard to Crimes and Misdemeanors, the said public functionaries are hereby fully empowered to arraign and try, in the manner herein provided, all citizens of the United States charged with offenses against law, which shall be committed

in such countries, respectively, and upon conviction, to sentence such offenders in the manner herein authorized; and the said functionaries, and each of them, are hereby authorized to issue all such processes as are suitable and necessary to carry this authority into

execution.

SEC. 3. And be it further enacted, That Civil jurisdiction. in regard to civil rights, whether of pro

perty or person, the said functionaries are hereby invested with all the judicial authority necessary to execute the provisions of such treaties, respectively, 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 abovenamed being always one of the ports at which the United States are represented by consuls; which jurisdiction shall embrace all controversies between citizens of the United States, or others provided for by such treaties, respectively.

Laws of the United States, so far as ap

plicable, to be ad

hered to.

SEC. 4. And be it further enacted, That such jurisdiction in criminal and civil matters shall, in all cases, be exercised and enforced in conformity with the laws of the United States, which are hereby, so far as is necessary to execute such treaties, respectively, extended over all citizens of the United States in the said countries, (and over all others to the extent that the terms of the said treaties, respectively, justify or require,) so far as such laws are suitable to carry the said treaties 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, including equity and admiralty, shall be extended in like manner over such citizens and others in the said countries; and if defects still remain to be supplied, and neither the common law, including equity and admiralty, nor the

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