Page:United States Statutes at Large Volume 12.djvu/107

 THIRTY—·SIXTH CONGRESS. Sess. I. Ch. 179. 1860. 77 Sec. 24. And be it further enacted, That capital cases for murder Murderandim or insurrection against the government of either of the countries herein- *‘%'?°"°”»h°” before mentioned, by citizens of the United States, or for offences against tm ' the public peace amounting to felony under the laws of the United States, may be tried before the minister of the United States in the country where the offence is committed if allowed jurisdiction; and it shall be competent for each of the said ministers to issue all manner of writs, to prevent the citizens of the United States from enlisting in the military or Enlistments naval service of either of the said countries, to make war upon any foreign {QV b° P'°"°“°' power with whom the United States are at peace, or in the service of one l portion of the people against any other portion of the same people; and he may carry out this power by a resort to such force as may at the time be within his reach, belonging to the United States. Sec. 25. And be it further enacted, That the President be, and he Marshals may is hereby, authorized to appoint marshals for such of the consular courts ‘°°*1Pr°*¤*°d{g*‘ in the said countries as he may think proper, not to exceed seven in cowl M com ° number, namely, one in Japan, four in China, one in Siam, and one in Turkey, who shall each receive an annual salary of one thousand dollars Pay- per annum, in addition to the fees allowed by the regulations of the said ministers, respectively, in the said countries; and it shall be the duty of Dutiesthe said marshals, respectively, to execute all process issued by the minister of the United States in the said countries, respectively, or by the consul at the port at which they reside, and to make due return of the same to. the officer by whom the same was issued, and to conform, in all respects, to the regulations prescribed by the said ministers, respectively, in regard to their duties. And the said marshals shall give bond for the B<>¤d· faithful performance of the duties of the office, before entering upon the duties of the same, which bond shall be in a penal sum not to exceed ten thousand dollars, with two sureties to be approved by the Secretary of State of the United States; and the said bond shall be transmitted to the Secretary of the Treasury, and a certified copy thereof be lodged in the oflice of the minister. And in case any person aggrieved by the misconduct of any of the said marshals should desire to bring suit upon any of the said bonds, it shall be the duty of the Secretary of the Treasury, or the minister having custody of a .copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy so furnished and certified suit may be brought and prosecuted with the same effect as could be done upon the original: Provided, That upon a plea of non est Proviso. factum verified upon oath, or any other good cause shown, the court or the consul or minister trying the cause may require the original to be produced; and when so required, it shall be the duty of the Secretary of the Treasury to forward the original bond to the court or consul or minister requiring the same: And provided further, That before a. copy of Proviso. any such bond shall be furnished for suit, it shall be the duty of the Secretary of the Treasury, or the minister to whom the application is made, to require prima facia proof, to be judged of by the Secretary of the Treasury or the minister having charge of the copy, that there is probable cause of action against the marshal making the bond: And provided Proviso. further, That all rules, orders, writs, and processes of every kind which are intended to operate or be enforced against any of the said marshals, in any of the countries named in this act, shall be directed to and executed by such person as may be appointed for that purpose by the minister or consul issuing the same. Sec. 26. And be it further enacted, That the President be, and is Expenses of hereby, authorized to allow, in the adjustment of the accounts of each of b;gg:;S§;°*w the said ministers or consuls, the actual expenses of the rent of suitable {E ,,],,,,;,,,,1}}, M_ buildings, or parts of buildings to be used as prisons for American convicts counts, Src. in the said countries, not to exceed in any case the rate of six hundred dollars a year; and also the wages of the keepers of the same, and for the