Page:United States Statutes at Large Volume 9.djvu/304

 278 THIRTIETH CONGRESS. Sess. I. Ch. 150. 1848. his final adjudication, either by enteringlup judgment therein, or remitting the same to the consul with instructions howto proceed therewith; but in all such cases, except capital offences, if the consul and his associates concur in opinion, the decision shall be final. Extentafjurls- Sad. 11. And be it further enacted, That the consuls aforesaid, and $‘{;’°” °f °°”‘ each of them, at the port for which he is appointed, shall have jurtsdic- ` tion, as is herein provided, in all civil cases arising under said treaty, wherein the damage demanded does 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 if in his judgment any case involves legal perplexities, and assistance will be useful, or if the damage demanded exceeds five hundred dollars, in either such case it shall be his duty to summon to his aid not less than two nor more than three citizens of the United States, of good repute and competent to the duty, who shall with him hear any such case; and if the consul and his associates concur in opinion, the judgment shall be final; but if the associates, or any of them, differ from the consul, the opinions of all shall be noted on the record, and each shall subscribe his name to his assent to, or dissent from, the consul, with such reasons therefor as he thinks proper to assign, and either party may thereupon appeal, under such regulations as may exist, to thecommissioner; but if no appeal is lawfully claimed, the decision of the consul shall be final and conclusive. Evidencein ¤ll Sec. 12. And be itfitrtker enacted, That, in all cases, criminal and civil, the evidence shall be taken down in writing in open court, under such regulations as may be made for that purpose; and all objections to the competency or character of testimony shall be noted down, with the ruling in all such cases, and the evidence shall be part of the case. Jurisdiction of Sme.·13. And be it further enacted, That the commissioner of the °°‘“m‘”*°“°r‘ United States shall, in addition to his power to make regulations and decrees, as is herein provided, be fully authorized to hear and decide all cases, criminal and civil, which may come before him under the provisions of this act, and to issue all processes necessary to execute the power conferred upon him; and he is hereby fully empowered to decide finally any case upon the evidence which comes up with it, or to hear the parties further, if he thinks justice will be promoted thereby; and he may also prescribe the rules upon which new trials may be granted, either by the consuls or by himself, if asked for upon justifiable grounds. Punishment, Sec. 14. And be it further enacted, That in all cases, except as is f12f5x,,.;;, gif: herein otherwise provided, the punishment of crime provided for by tioned, to be. fine this act shall be by fine or imprisonment, or both, at the discretion of j}"";, aL'él’;:‘°,;; the functionary who decides the case, but subject to the regulations in PQOPOMOI, ,0 herein contained, and such as may hereafter be made. It shall, h0W- ¢h<= ¤¤¤z¤i¢¤¢l<= ¤f ever, be the duty of each and every functionary to allot punishment nm °E°“°°‘ according to the magnitude and aggravation of the offence, and all who refuse or neglect to comply with the sentence passed upon them shall stand committed until they do comply, or are discharged by order of the consul, with the consent of the commissioner. Capitaloffences. Sec. 15. And be it further enacted, That murder and insurrection, or rebellion against the Chinese- government, with intent to subvert the same, shall be capital offences, punishable with death; but no person shall be convicted of either of said crimes unless the consul and his associates in the trial all concur in opinion, and the commissioner also approves of the conviction; but it shall always be lawful to convict one put upon trial for either of these crimes of a lesser offence, of a similar character, if the evidence justifies it; and when so convicted, to punish as for other offences, by fine or imprisonment, or both. Sec. 16. And be it further enacted, That whenever any one shall