Page:United States Statutes at Large Volume 44 Part 1.djvu/667

 653 TITLE t8.——£?‘0RE1GN RELA as hcraln provided, in all civil caaés arising hudcr such treaties, acspectivdy, wherein the damages demanded do not exceed the sum cg $500; aud, it ba seas it to dccldc the same without aid, his decision thereon shall be ilnal. But whenever hc is ai opliniou that any auch cage luvolvca legal perplcxltlw, and that awistancc will bc useful to him, or whenever the dan"iagcs demanded exceed $506* hc shall summon, to slt with him on the hearing of the msc, not less than "two nor more than three citizens of the United States, if such ara residing at tha port, who shall bc taken from alist which had previously been sub mined to and approved by the xpinlster, and shall be ofgood - raputc and competent for the duty. Every auch associate shall nate upon the record bla opinion, aqd also, in icasa he dlsscnts from the consul, such rcaaons therefor as ha thinks proper ta assign ;` but the wnaul shall give judgment in the casé. If the consul and luis associates concur iu. opinion,, the judgment shall ba mul. It any of the associates dimer in bpluioxi from the consul, either party may appeal to the minister, Vander such 'rcgulaticus as may exist; but it no appeal is lawfully claimed, the dcclai<m— of thé consul shall bc dual. (R. S. 5 4107.) ‘ ’ _ = ‘ ‘. 154. Evidence: how t•kc¤.——In all cases; crimlrlal and civil, the evidence shall bc taken down, in writing ln open court, under sack regulations as may be made for that pdrposc : and all olgjccticna to thécompctaucy or character gt testimony shall the noted, with the ruling inlall such ca_a_es, and are evidence allall m part at the ma. (B,. ,8. { 4®'l;) ·  _ _ ‘ 155. Paaishment g¤cr§u!$ ¢c¤tc¤w.——In all cases, except as, ig this chapter, otherwise provided, the punishment of crime pmvidcdiur by this chapter shall be by Baa pr impris; cumcut, or both, at the discretion of the oilcer who decides the case, but subject to tha regulations in this chapter contained, and such as may hcrmfter- be made. It shall, however, be the duty ct auch 0Eccr to _ award puinlshment according tc the?;m•,gnit11da and aggravation ct the; offense. Every person who refuses or nglccta d to comply with the sautsmce- passadiupcn him shall stand commlttéd putll he dew comply, cr is discharged · by order at the consul, with the? consent ot the minister in the ccuubj. (B, S. S 4101.) 156.  chnics;   for   conviction of @12: d’c¤a.·——-Ins:rrad.lc¤ or rebellion anlnat tha government ai either ct the ccautrlw mentioned in sactiqn 141 of this chapter, with latent to subvert tm dame, and murder, shall bef capital mama, punishable with death; but ao pan stm  be canvlctad ot emncr ‘ at those ·`crimaa,.’ualcas the coma! and his_ aa;&i•tm lr; the trial all concur ia apiulcm, and the minister also approves or the ccuvlction., Buf it shall be layful to ccaiilct cm put upon trial for either at thesc’crl& of a lw ommsaot a similar character, it the cvldaacd 'jaatitlaa it, and tc punish, aa {gr othar J§¤a¤sc¤, by Baca: ·lmwlso t, or bath. (B. S. [4102.) » 157. P mt‘ Tm cmtcxpt of quart.-——·Nc dna lmpoacgd by a ccmal for h’ matempt committed lu www ot the court, or tw  to cbc; A swans train the aamac, shall cxcccd im; mr shall `tlwl imprlacnmcut cxcccd twenty-cur hours for we sim contempt., (R. S. I 4104.)  `~ ) 158. Excwm of crlnlnkg pard&~——-·Wb aac~·er» army pcrmm is camktad 'cfwcither ot the crimaa punishable with death, in Qther at the   mud    in section 141 at this chapter, it   M   duty ct tm  nlat  to lmue his warg;-t iw tha  d0¤ of the,   nppcalatlng, the tlma. place, and maaaar; brit it tic mihister is   that the was ctpuhllc jaauca   lt, hamay fmm   to  pwtwuc meh     am I! he md: mmmnx  alamy which a c rlzpv lt, h¤ may nabmit tha msc to. the  ,(R.·8._|·41®») · A, . ,155. Fmhr           of mamaysfrau- ` dltimm af a ta.-—It mall be   dat} 01 tha mlnlstar in each

nrzozvs um INTERCOURSE § 166 of the countries mentioned in section 141 of this chapter te establish u term of fees for judicial services, which shall be paid by such parties, and to such persons, as the minister shall direct; and the proceeds shell, as far ss is necessary, be applied to defray the expenses incident to the execution sf penditures, shall. be kept by the minister and .c0¤suls and transmitted annually to the Secretary of State. (R. S. § 4120.) 1,80. Settlement of criminal cases.;-In all criminal cases which are not of a heinous character, it shall bc lawful for the L parties aggrieved or concerned therein, with the assent of the minister in the country, or consul,_to adjust sud settle the same among themselves, upon pecuniary or other considerntionsf (R, S. § .4099.) A _ l ~ 161. Arbitration, reference, and compromise of civil casee.—— ‘\It shall be the duty of the ministers land the consuls in the _c0unti·ies.meutigqned_ in section 141 of this chapter to encouruge the settlement Qof controversies of Ks; civil character, by mutual agreement, or to submit them to the decision of referees agreed upon by the parties; andthe minister yin each countnw · shall prepare a form of submission for such cases, to be sighed by the patties, and acknowledged, lbefore the consul. When parties have so agreed to refer, the referees may, after sultsble notice of the time and place of meeting for the trisl, proceed to hear the csse, and a majority of, them shall have power to decide the matter. If eitherparty refesm or neglects to appear, the referees may proceed ex parte, After hearing. any csse such referees may deliver  award, sealed, to the ` consul, who, in 'court, shall open the some; and if he accepts » lt, he shall indorse the fact, and judgment shall be rendered ' thereon, and execution issue in compliance with theterms there of.’ The parties, however, may slweys settle the same before return thereof is made to the consul. (R. S. I @98.) ` 162. Ald of loci] pnuthortties invoked.-·—·The ministers end .consu1s.shnllE`be fully autliorizedf to. cell upon the 1ocal_suthorities to sustain andx support them in the execution of the —· powers eonflded to them by treaty, and on their part to do sud, perform whatever is necessary to carry the provisions of t the treaties lnto full- effect, so fer as they ere to he executed in the countries, respectively. (R. S. 5 4100.) r 163. Where iurisdi, " e of minister exercised.—;——The jurisdiction nllowed by treéty the ministers, rwpectively, in the countriw named. in section 1:11 of this chapter shell he exercised _ by them ln those ceuntries, \respectirely, wherever they may ~‘ be. (R.S.$4108.) “ __\_. _ ” · 164; Jurisdiction of — minister; when appellate and when ’ civil redress, or of crimes, except in capital cases for murder ~ or insurrection against the governments of such ceentries, re- . to felony under the laws of the United Btstes, shall he uppellate only: Brovided, That in cases. where e consular edicer » is interested, either ss party er witness, such minister shall n have original jurisdiction. (B. S. I 4.109.) · 1§5. Appellgte jurisdiction of minhderg new trials.§——Each of the ministers mentioned in section 141 of this chepter shall, l as the country to which he is appointed, be fully authorized . L to hear and decide all cases, criminal esdclvil, which may 3 come before him, by sppesl, under the provisions ht this chap- » my and to issue all pr. necessary to execute the power , conferred upon him; sud he is fully empowered to decide sunlly »  case upon the evidence which comes up with it, or to » wer the mrtlm further, if he thinks justice will he promoted · thereby; and he ms? nlm prescribe the rules upon which new » trials. my be granted, either by theconsuls or by himself, if nslied for upon su&c·lent greunds. (R., S. { 49Q1.), ° · l 166. Jerbéi& of minister tot try capital end felony » cues.-wpltal cones ifor murder or insurrection against the
 * this chapter.; and regular accounts, both of receipts sud ex~
 * erid¤.aL—-The jurisdiction of such ministers in all matters of
 * spectively, or for offenses sgsinst the public peace amounting