Page:United States Statutes at Large Volume 18 Part 1.djvu/861

 nm; xLvu.——FOREIGN RELATIONS. 789 Sec. -1092. On any final judgment in a consular court of China or Ja- APPMIS from <‘Q¤· pan, where the matter in dispute exceeds five hundred dollars and does gl!"` °°g’_,‘S "‘ not exceed two thousand five hundred dollars, exclusive of costs, an ap-. Tilggi goal shall be allowed to the minister in such country, as the case may be. I ·lulY» l*70» °- ut the alppellant shall comply with the conditions established by gen· 1***,¤-*~’-*•*·¤·1**- eral regu ations. And the ministers are hereby authorized and required to receive. hear. and determine such appeals. Sec. 4093. On any final judgment in any consular court of China or Wh€¤¤PP<i¤l¤]· Japan, where the matter in dis ute, exclusive of costs, exceeds the sum l°w°€ fm C$"f‘j'“° of two thousand five hundred d)ollars, an appeal shall be allowed to the  or al Op circuit court for the district of California, and upon such appeal a tran- ¢·——— script of the libel, bill, answer, depositions, and all other proceedin rs in Ibid" °' 5‘ the cause shall be transmitted to the circuit court, and no new evidgence shall be received on the hearing of the appeal; and the appeal shall be subject to the rules, regulations, and restrictions prescribed in law for writs of error from district courts to circuit courts. Sue. 4094. On any final judgment of the minister to China, or to Ja- ¢*};,g‘E“1("°l" pan, given in the exercise of original jurisdiction, where the matter in ;i;j;,,,:,;.,lc;;eL` dispute, exclusive of costs, exceeds two thousand five hundred dollars, —e—— ` an appeal shall beallowed to the circuit court, as provided in the pre- Ibldr *" 6* ceding section. Sec. 4095. iVhen any final judgment of the minister to China, or to I¤°'imi¥f*l°¤¤*¤- Japan, is given in the exercise of original or of appellate criminal juris- Ibid_, s_ { _ ` diction, the person charged with the crime or offense, if he considers the judgment erroneous in point of law, may appeal therefrom to the circuit court for the district of California; but such appeal shall not operate as a stay of proceedings, unless the minister certifies that there is probable cause to grant the same, when the stay shall be such as the interests of justice may require. Sec. -14 >96. The circuit court for the district of California is authorized Qifwil court f¤r and required to receive, hear, and determine the appeals provided for in f“m°E"“ *0 h°“' this Title. and its decisions shall be final. p£_;§~ T_ — V Sec. -1097. In all cases, criminal and civil, the evidence shall be taken Evidencein condown in writing in open court, under such regulations as may be made ***13* ¤°¤F*¤· l10W for that purpose; and all objections to the com tency or character of t'°k°"‘ _._ testimony shall be noted. with the ruling in all sucliecases, and the evidence Ibid., s. 12, p. 75. shall be part of the case. Sec. 4098. It shall be the duty of the ministers and the consulsin the Compromise_ incountries mentioned in section forty hundred and eighty-three, to encour— ':°f°"‘“"° °f °“"l age the settlement of controversies of a civil character, by mutual agree- ;;°;`f’ t°b""°°"' ment, or to submit them to the decision of referees agreed upon by the — parties; and the minister in each country shall prepare a form of sub- 1.g2¤‘¥§“€·1g86°;g· mission for such cases, to be signed by the parties, and acknowledged légj j,,};` lg;-lilo: before the consul. When parties have so agreed to refer, the referees 62, z-. 18,   23., may, after suitable notice of the time and place of meeting for the trial, proceed to hear the case, and a. majority of them shall have power to decide the matter. If either party refuses or neglects to appear, the referees may proceed ex parte. After hearing any case such referees may deliver their award, sealed, to the consul, who, in court, shall open the same; and if he accepts it. he shall indorse the fact. and judgment shall be rendered thereon, and execution issue in compliance with the terms thereof. The parties. however, may always settle the same before return thereof is made to the consul. _ _ _ Sec. 4009. In all criminal cases which are not of a. heinous character, C°m·*¤ cnmmel it shall be lawful for the parties aggrieved or concerned therein, with  ""Y b° ’“’°` the assent of the minister i n the country, or consul, to adjust and settle 2é·_y,;,;(T6··y(,j the same among themselves. upon pecuniary or other considerations. 179, S_ ig, K-_ 12,’p_ 76. Sec. +100. The ministers and consuls shall be fullv authorized to call A'Fl,°i l°°’·l ““‘ . . - · · thorities mav be upon the local authorities to sustain and support them in the execu- invoked_ ~ tion of the powers confided to them by treaty. and on their part to ··j2 do and perform whatever is necessary to carry the provisions of the 179,¤.20,v.12,p.7<s.