Page:United States Statutes at Large Volume 22.djvu/985

 958 ClfREATY—MADAGASOAR. BIAY 13, 1881. citizens of both criminal offences committed by such citizens and protegés against said €‘2"""”m°‘}f“ *5* b° subjects of Madagascar, and all criminal offences committed by the sub- Zggtsgy mud jects of Madagascar against the citizens and protegés of the United ` States of America, as well as all intringement of the laws of Madagas- . cur by the United States citizens and protegés, shall be mvestigated, tried, and adjudged by “ mixed c0urts," as follows: Courts. 8. The chief United States diplomatic officer, when there shall be one in Madagascar, or when there is 110 such officer residing in the kingdom, the chief or senior United States consular officer, and :1. Malagasy officer, duly appointed by Her Majesty the Queen of Madagascar for that pur- "mixedsupericr pose, shall constitute at “ mixed superior court/’ which shall be “ a court 9¤¤f¤»”h¤W¤¤"g¤¤· of record/’ and may hold its sittings at Antananerivo, the capital of ‘“°‘ Madagascar, or at Tamatave, according as the circumstances of the business of the court may require. Jurisdiction. 9. This superior court shall have both original and appellate jurisdic- • tion; that is, actions may be commenced and decided in it, and it may also try cases appealed from the inferior eourts herein provided for, as follows: ‘ Inferior n ixed 10. There shall be one inferior mixed court in each United States cou- °°¤¤'*· sular and each United States eonsular agent’s district in Madagascar. Such courts shall consist of the United States consular officer of the district and a Malagasy officer appointed by Her Majesty’s Government for the purpose, for each district. _,,,mdm,,,,,_ 11. The inferior courts shall have original jurisdiction of civil cases where the sum claimed does not exceed five hundred do1l2.rs_($500) or imprisonment for more than one year, or both, as will be more fully explained in the “Code of Bu1es" of proceedings for the mixed courts, hereinafter provided for. APP,,,,1,_ 12. Appeals from the superior mixed courts may be taken to eitherof the two governments, at the option of the party appealing, in the manner provided in said “Oode of Rules? · Trials. 13. In the trial of actions in these courts, the native judge shall preside and have the prevailing voice/in the decisions when United States _ citizens or protegés are the pluintiiis, and vice versa wheristhey are defendants, that is, when subjects of the Queen are the plaintdiis the United States (consular or diplomatic) oficer, us the case may be, shall preside and have the prevailing voice in the decisions. ` P,,,d,,,gj,,dg,_ 14. But the presiding judge shall in every case counsel with and give due weight to the opinions of the associate judge before giving decisions. - B,,b,,.y_,md cu, _ 15. It is agreed by the high contracting parties that any attempt to mpegs, mfluence the decision of these judges, or any one of them, lll a ease 011 ~ trial or to be decided by them, except by arguments in open court, ` shall be considered an misdemeanor; and that the oiliering as bribe to any one of them in money or other object of value or ihvor, for the purpose of influencing his decision, shall be considered a. felony, and that the Penalty. person proved guilty of either of these offences shall be punished by the government to which he belongs, according to the grade of his crime. And if it shall be proved that a judge of these courts, of either nationality, shall have received a bribe to influence his decision in any ease, he shall be dismissed from his 0Ece of judge, and otherwise punished according to the laws of his own nation for such multensance. god, ,; mh,. 16. It is furt ber agreed that within six mouths after the exchange of the mtitieation of this treaty, that the chief diplomatic or consular officer of the United States, who shall be nt the time residing in Madagascar, and one or more ohicers to be selected by Her Mnjestys Government, shall meet and together draw up so “Code of Rules" 0 _ proceedings for these mixed courts, which code, when so drawn and signed by said ofiiccrs, sbnll be forwarded by them to their respective governments for approval; and when approved by both governmentsshull beeonsidered a part of this treaty, duly ratified as such. And this treaty including said code of rules, together with international law, and the laws of the