Page:United States Statutes at Large Volume 18 Part 1.djvu/862

 790 Trrnm xnvu. —FORE1GN 1tELA'l`lXS. treaties into full effect, so far as they are to be executed in the countries. res cctivel ·. Punishments by disc. 4foi. In all cases, except as herein otherwise provided, the pun- H¤° er *'“l‘“*°"‘ ishment of crime provided for by this Title shall be by fine or impriscnmfmf;_ _ 1 _ ment, or both, at the discretion of the officer who decides the case, but _?? June, 1860, c. subject to the regulations herein contained, and such as may hereafterl'*l·“·H·"·l2#l‘~75· be made. It shall, however, be the duty of such officer to award punishment according to the magnitude and aggravation of the offense. Every person who refuses or neglects to comply with the sentence passed upon him shall stand committe until he does comply, or is discharged by order of the consul, with the consent of the minister in the country. For murder, in- SHG. 4102. lnsurrection or rebellion against the government of either T}"'°°“°¤·°"°b°l· of those countries, with intent to subvert the same, and murder, shall _'?" _ _ _ be ca ital offenses, punishable with death; but no person shall be conlbill-.8.15- victed) of either of those crimes, unless the consul and his associates in the trial all concur in o inion, and the minister also approves of the conviction. But it shalflbe lawful to convict one put upon trial for either of these crimes, of a less offense of a similar character, if the evidence justifies ilt, and to punish, as for other offenses, by fine or imprisonment, or bot . Execution of Sec. 4103. \Vhenever any person is convicted of either of the crimes f'""“"°}§ punishable with death, in either of those countries, it shall he the duty ibid. of the minister to issue his warrant for the execution of the convict, appointing the time, place, and manner; but if the minister is satisfied that the ends of public justice demand it, he may from time to time postpone such execution; and if he finds mitigating circumstances which authorize it, he may submit the case to the President for pardon. Punishment or Sec. 4104. No fine imposed by a consul for a contempt committed in °j}€*¤P*¤· presence of the court, or for failing to obey a summons from the same. ggJu,,€,1860,c_ shall exceed fifty dollars; nor shall the imprisonment exceed twenty- 179, s. 8,v. 12, p. 74_ four hours for the same contempt. Decisionsofcon- Sec. 4105. Any consul, when sitting alone for the trial of offenses or Sul Billing ¤l¤¤€ i¤ misdemeanors, shall decide finally all cases where the fine imposed does °""""“1°“°“‘ __ not eiicceed ope hundred dollars, or the term of imprisonment does not Ibid. excee sixty ays. Associates may Sec. 4106. Whenever, in any case, the consul is of opinion that, by l’°°%ll°$lbf'°9“¤¤l reason of the legal questions which may arise therein, assistance will lll $Fllrl@‘_ be useful to him, or whenever he is of opinion that severer punishments Ibid., s. 10.. than those specified in the preeedimr sections will be required, he shall summon, to sit with him on the triah one or more citizens of the United States, not exceeding four, and in capital cases not less than four, who shall be taken by lot from a list which had previously been submitted to and approved by the minister, and shall be persons of good repute and competent for the duty. Every such associate shall enter upon the record his judgment and opinion,and shall sign the same; but the consul shall give judgment in the case. If the consul and his associates concur in opinion, the decision shall, in all cases, except of ca ital offenses and except as provided in the preceding section, be finaf? If any of the associates differ in opinion from the consul, the case, without further proceedings, together with the evidence and opinions, shall be referred to the minister for his adjudication, either by entering up judgment therein. oy by rerlpitting the same to the consul with instructions how to proceed t erewit. Associates in Sec. 4107. Each of the eonsuls mentioned in section four thousand civil cases. and eighty-three shall have at the port for which he is appointed, juris- Ib,d_, B_ l1_ diction as herein provided, in all civil cases arising under such treaties. respectively, wherein the damages demanded do not exceed the sum of five hundred dollars; and, if he sees fit to decide the same without aid. his decision thereon shall be final. But whenever he is of opinion that any such case involves legal perplexities, and that assistance will be useful to him, or whenever the damages demanded exceed five hundred dollars, he shall summon. to sit with him on the hearing of the case, not less than two nor more than three citizens of the United States. if such