Page:United States Statutes at Large Volume 12.djvu/103

 'I`HIRTY—SIXTH CONGRESS. Sess. I. Ch. 179. 1860. 73 Sec. 3. And 6e it further enacted, That, in regard to civil rights, ,£1“il"g`&?' ” *° Whether of property or person, the said functionaries are hereby invested cl ng 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 above-named 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. Sec. 4. And be it _/imther enacted, That such jurisdiction in criminal _ CiYil¤}~¤<{¢¤‘j¤¤— and civil matters shall, in all cases, be exercised and enforced in conform- $,8; Jtzrlggligggj ity with the laws of the United States, which are hereby, so far as is nec- med and onessary to execute such treaties, respectively, extended over all citizens of f°'°°‘]· 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 statutes of the United States, furnish appropriate and suitable remedies, the ministers in the said countries, respectively, shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies. Sec. 5. And be it furthw enacted, That in order to organize and carry Ministers to into eH`ect the system of jurisprudence demanded by such treaties, respec- §§°;‘;;f;Sf‘;;mQB tively, the said ministers, with the advice of the several consuls in each used by consuls. of the said countries, respectively, or so many of them as can be conveniently assembled, shall prescribe the forms of all processes which shall be issued by any of said consuls ; the mode of executing and the time of Form of trial, returning the same ; the manner in which trials shall be conducted, and °“thS* °°St°* &°‘ how the records thereof shall be kept; the form of oaths for Christian 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; the manner in which all officers and agents to execute process, and to carry this act into effect, shall be appointed and compensated; the form of bail-bonds, and the secu- Bai!-bonds and rity which shall be required of the party who appeals from the decision °·PP°*‘i¤· of a consul; and generally, without further enumeration, to make all such decrees and regulations from time to time, under the provisions of this act, as the exigency may demand; and all such regulations, decrees, and Regulations, orders shall be plainly drawn up in writing, and submitted, as above §;{£ig‘g_b° m provided, for the advice of the consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dissent in writing, with his name subscribed thereto; and atler taking such advice, and considering the same, the minister, in the said countries, respectively, may, nevertheless, by causing the decree, order, or regulation to be published with his signature thereto, and the ‘ opinions of his advisers inscribed thereon, make it to become binding and obligatory, until annulled or modified by. Congress; and it shall take effect from the publication or any subsequent day thereto named in the act. Sec. 6. And be it jiertfzer enacted, That all such regulations, orders, Regulations m and decrees, shall, as speedily as may be after publication, be transmitted €_g_;°§1f §*;a§°¤‘°· by the said ministers, with the opinions of their advisers, as drawn up by ` VOL. xii. PUB.--10