Page:United States Statutes at Large Volume 12.djvu/105

 Tl-lIR'I‘Y—SIXTH CONGRESS. Sess. L Ch. 179. 1860. 75 duty to summon to his aid, from a list of individuals which shall have been nominated for the purposes of this act to the minister and received his approval, not less than two nor more than three citizens of the United States, if such are residing at the port, of good repnte and competent to the duty, who shall with him hear any such case; and if the consul and his associates concur in opinion, the judgment shall be final; but if the associates, or any of them, dilfer from the consul, the opinions of all shall be noted on the record, and each shall subscribe his name to his assent to or dissent from the consul, with such reasons therefor as he thinks proper to assign, and either party may thereupon appeal, under such regulations as may exist, to the minister; but if no appeal is lawfully claimed, the decision of the consul shall be Enal and conclusive. Sec. 12. And be it further enacted, That in all cases, criminal and civil, Evidence lobe the evidence shall be taken down in writing in open court, under such {2k:,': regulations as may be made for that purpose; and all objections to the Objection, {sm, competency or character of testimony shall be noted, with the ruling in all such cases, andthe evidence shall be part of the case. Src. 13. And be it further enacted, That the minister of the United ;7¤}¥l=di9*i°¤_°f States in the country to which he is appointed shall, in addition to his $';t,{°;,i;:’d,°‘vn power to make regulations and decrees, as herein provided, be fully cases. authorized to hear and decide all cases, criminal and civil, which may come before him, by appeal, under the provisions of this act, and to issue all processes necessary to execute the power conferred upon him; and he is hereby fully empowered to decide finally any case upon the evidence which comes up with it, or to hear the parties further, if he ‘ thinks justice 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 justifiable grounds. Sec. 14. And be it further enacted That in all cases, except as is Puuishmentof herein otherwise provided, the punishment of crime provided for by this g§°°°°*'·. *° *E° act shall be by line or imprisonment, or both, at the discretion of the r,,;m€;ii,?°` functionary who decides the case, but subject to the regulations herein and pwpmioned contained, and such as may hereafter be made. It shall, however, be the "° °°`°“°°‘ duty of each and every tunctionary to allot punishment according to the magnitude and aggravation of the offense ; and all who refuse or neglect to comply with the sentence passed upon them shall stand committed until they do comply, or are discharged by order of the consul, with the consent `of the minister in the country. Sec. 15. And be it further enacted, That murder and insurrection, or Olfences pun— rebellion against the government of either of the said countries, with in- §;*:£l° with tent to subvert the same, shall be capital offences, punishable with death; ` but no person shall be convicted of either of said crimes, unless the consul and his associates in the trial all concur in opinion, and the minister also approves of the conviction; but it shall always be lawful to convict one put upon trial for either of these crimes, of a lesser offence of a similar character, if the evidence justifies it; and when so convicted, to punish, as for other offenses, by line or imprisonment, or both. Sec. 16. And be it further enacted, That whenever any one shall be Sentences of convicted of either of the crimes punishable with death, as aforesaid, in g§‘;8’(*;_h°” °‘°‘ either of the said countries, it shall be the duty of the minister to issue his warrant for the execution of such convict, appointing the time, place, and manner; but if the said minister shall be satisfied that the ends of public justice demand it, he may from time to time, postpone such execution; and if he finds mitigatory circumstances which may authorize _ it, may submit the case to the President of the United States for P§§:°'° °*‘ ardon. P Sec. 17. And be it further enacted, That it shall be the duty of the Ministuj to cs manner in mt of the an countries to establish a our of aes for ggpljgggofgj judicial services, which shall be paid by such parties, and to such persons, Paul,