accounting officers upon the same principles and upon like proofs as are required in other cases where similar allowances are made by law. , *

Approved August 7, 184S.

. CHAP. 147.—AN ACT for the relief of those pre-emption claimants upon the Miami lands in Indiana, who, by their services in the Mexican war, axe entitled to bounty land.

[sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asPre-?mption sembled, That those persons who are entitled to bounty land toe M?ami Si warrants for one hundred and sixty acres in virtue of their ucd^to^boSnty own services during the present war with Mexico, and who S»i?Mmn£I1n likewise be entitled to the right of pre emption upon the payment!"11 Miami lands in Indiana, under the act of the third of August, eighteen hundred and forty-six, shall have the privilege of applying their warrants in payment or part payment for the tract to which they may establish their right of pre emption •, said warrant to be estimated, when received as aforesaid, at the sum of one dollar and twenty-five cents for each acre therein contained: Provided, That in no case shall the government be required to refund any excess of the estimated amount of said warrants, over and above the price of the tract claimed to be entered; and should the tract claimed to be entered as aforesaid exceed, at the rate fixed by law, the said sum, then and in such case the balance of the purchase money of said tract shall be paid in cash. Approved August 7, 1848.

CHAP. 148 AN ACT to refund a penalty remitted by the Secretary of the

Treasury to John Hardorp.

[sec. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asiMiM* P«>e seTn°led> That the Secretary of the Treasury be, and he is amount^of a^pcn- hereby, authorized to pay to John Hardorp, of the city of wm whicT'wM New York, out of any moneys in the treasury not otherwise remitted. appropriated, the sum of four hundred and eighteen dollars and sixty cents, being the amount of a certain penalty in. curred by him under the seventeenth section of the act of Congress, entitled "An act to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes," approved thirtieth August, in the year of our Lord eighteen hundred and forty-two,, and . which penalty was remitted by the Secretary of the Treasury on the fifteenth day of February, in the year of our Lord eighteen hundred and forty-seven. Approved August 7,1848.

CHAP. 149—AN ACT for the>relief of Catharine Hoffman.

[sec. 1.] Be it enacted by the Senate and House of Representatives of the United Stated of America in Congress as- ^Pf^jJ11^*" sembled,' That the Secretary of War be, and he is hereby, Sajwi. °w required to place the name of Catharine Hoffman, of Baltimore, State of Maryland, widow of the late Lieutenant Colonel William Hoffman, on the roll of invalid pensions, and pay to her the sum of twenty dollars per month, from the first day of January, eighteen hundred and forty-eight, and to continue during her natural life.

Approved August 7,1848. . »

CHAP. 150.—AN ACT to carry into effect certain provisions in the treaties between the United States and China and the Ottoman Porte, giving certain judicial powers to ministers and consuls of the United Stales in those countries.

{sec. I.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as- T, sembled, That, to carry into full effect the provisions of the tioner and co'n treaty of July third, eighteen hundred and forty-four, with the ^f^hiled Chinese empire, the commissioner and the consuls of the i°/""withCj^d* United States, duly appointed to reside in China, shall, in addi- cial authority, tkm to the otheF powers aiid duties imposed upon them by the provisions of said treaty, be vested with the judicial authority herein described, which shall appertain to the said office of commissioner and consul, and be a part of the duties belongins: thereto.

Sec. 2. And be it further enacted, That in regard to crimes Mlyarraignand and misdemeanors, the said public functionaries are hereby try au citizens of fully empowered to arraign, and try, in the manner herein charged with ofprovided,.all citizens of the United States charged with lh,¥omTM' offences against law, which shall be committed in the do- ion« of china, and minions of China, including Macao, and, upon conviction, ?entence"he10ofto sentence such offenders in the manner herein authorized ; fondersand the said functionaries, and each of them are hereby authorized to issue all such processes as are suitable and necessary to carry this authority into execution.

Sec. 3. And be it further enacted, That in regard to civil Their juritdicrights, whether of property or person, the'said functionaries c'iTUr?ghtfard ** are hereby vested with all the judicial authority necessary to execute the provisions of said treaty, and shall entertain jurisdiction in matters of contract at the port where, or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed; and in all other matters at the port where, or nearest to which, the cause of controversy arose, or at the port where, or nearest to which, the damage complained of was sustained—any such port above named being always one of the five mentioned in the treaty; which jurisdiction shall embrace all controversies be


tween citizens of the United States or others provided for bysaid treaty..

Sec. 4. And be it further enacted, That such jurisdiction s.IrateBdedhoeTVr in criminal and civil matters shall, in all cases, be exercised I?*.fiS7-S?,.0,^e and enforced in conformity with the laws of the United

United States in , • , , , 'r

china; and when States, which are hereby, so far as is necessary to execute th*7»mmroi?aw said treaty, extended over all citizens of the United States in ^tended in like China, (and over all others to the extent that the terms of the treaty justify or require,") so far as such laws are suitable to carry said treaty into effect; but in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies, the. common law shall be extended in like manner over such citizens and others are^'Mnffldent6 m China; and if defects still remain to be supplied, and nei*h« ^ojin""''^ ther the common law nor the statutes of the United States cree" and r/goia-furnish appropriate and suitable remedies, the commissioner deftc"pply8UCh shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies. The commi». Sbc. 5, And be it further enacted, That, in order to or

*ionerr. with the . , J _ _ '„.'. . ,

ad»iceof the «ev-ganize and carry into effect the system of jurisprudence demite "thTne'ce^ manded by said treaty, the commissioner, with the advice of oeSeSfk^X' tne several consuls for the five ports named in said treaty, or carrying the" pro- so many of them as can be conveniently assembled, shall Int^enect. prescribe the forms of all processes which shall be issued by any of said consuls; the mode of executing and the time of returning the same; the manner in which trials shall be conducted, and how the records thereof shall be kept; the form / • of oaths for Christian witnesses, and the mode of examining

all other witnesses; the costs which shall be allowed to the prevailing party, and the fees which shall be paid for judicial services to defray necessary expenses; the manner in which all officers and agents to execute process, and to carry this act into effect, shall be appointed and compensated ; 'the' form of bail bonds, and the security which shall be required of the party who appeals from the decision of a consul; and generally, without further enumeration, to make all such decrees and regulations from time to time, under the provisions of this act, as the exigency may demand; and all such regula-' tions, decrees, and orders shall be plainly drawn up in writing, and submitted, as above provided, for the advice of the consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dissent in writing, with his name subscribed thereto; and after taking such advice, and considering the same, the commissioner may, nevertheless, by causing the decree, order, or regulation to be published with his signature thereto, and the opinions of his advisers inscribed thereon, to become binding and obligatory until annulled or modified by Congress, shall take effect from the publication or any such reguia- subsequent day thereto named in the act. aT'to be'traa!' ^ec. & And be it further enacted, That all such regularised to the Pre- tions, orders, and decress shall, as speedily as may be after kefere'con^H^ publication, be-transmitted by the commissioner, with the opinions of his advisers, as drawn up by them severally, to the President, to be laid before Congress for revision.

Sec. 7. And be it further enacted. That each of the con- . Powers mj in. suls aforesaid, at the port for which he is appointed, shall be "'' co"ul* competent under the authority nerein Contained, upon facts within his own knowledge, or which he has good reason to believe true, or upon complaint made, or information filed in writing and authenticated in such way as shall be prescribed by the commissioners, to issue his warrant for the arrest of any citizen of the United States charged with committing in China an, offence against law ; and when arrested, to arraign and try any such offender; and upon conviction, to sentence him to punishment in the manner herein prescribed; always meting out [punishment] in a manner proportioned to the offence; which punishment shall, in all cases, except as is herein otherwise provided, be either fine or imprisonment.

Sec. 8. And be it further enacted. That any consul, when th„ deSi'of" sitting alone for the trial of offences, shall finally decide all consul in certain cases where the fine imposed does not exceed one hundred dollars, or the term of imprisonment does not exceed sixty days, and there shall be no appeal therefrom, except as provided i,n section eleven of this act.

Sec. 9. And be it further enacted, That when sitting alone ^cates^which he may also decide all cases in which the fine imposed does may appeal to the not exceed five huyidred dollars, or the term of imprisonment coa,mi"ioa"does not exceed ninety days; but in all such cases, if th,e .fine exceeds one hundred dollars, or the imprisonment exceeds ninety days, the defendant may, by complying with the requirements in cases of appeal, carry the case before the commissioner by appeal.

Sec. 10. And be it further enacted, That whenever in any ca«e» in which case the consul shall be of opinion that, by reason of the .nmmoTone"'^ legal questions which* may arise therein, assistance will be "Jl"TM^TM,?,"" useful to him, or whenever he shall be of opinion that a ance and advice, severer punishment than those above specified wilt be required, he shall, in either case, summon one or more citizens of the United States, not exceeding four in number, but ill capital cases not less than four, who shall be persons of good repute and competent to the duty, to sit with him in the trial, and who, after so sitting upon the trial, shall each enter upon the record his judgment and opinion, and sign the same. The consul shall, however, decide the case; but if his decision is opposed by the opinion of one or more of his associates, the case, without further proceedings,- together with the evidence and opinions, shall be referred to the commis-' sioner for his final adjudication, either by entering up judgment therein, or remitting the same to the consul with instructions how to proceed therewith; but in all such cases, except capital offences, if the consul and his associates concur in opinion, the decision shall be final.

Sec. 11. And be it further enacted, That the consuls afore- Extent ot ,jusaid, and each of them, at the port for which he is appointed, >ttu.ctioaof "ashall have jurisdiction, 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 hirn 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, imd each shall subscribe his name to his assent to, or dissent frpm, 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 the commissioner; but if no appeal is lawfully claimed, the decision of the consul shall be final and conclusive.

Cmm tonbe ukfn ^Ec< *e farther enacted, That, in all cases, criin

down in writing, inal 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. of Sec. 13. And be it further enacted, That the commissioner of the 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 necossary 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 win be promoted thereby; and he may also prescribe the rules upon which new trials may be granted, either by the consul's or by himself, if asked for upon justifiable grounds.

Sec. 14. And be it further enacted, That in all cases, exc£ntmfiTMenc'ateS' cePl as*s herein otherwise provided, the punishment of crime hereinafter men- provided for by this act shall be by fine or imprisonment, or

tioned, to be fine f , , /■ - . - J . ,1 , , , '.

and imprisonment both, at the discretion or the functionary who decides the ^rtio°nbetomrthe' case> but subject to the regulations herein contained, and such cstaw^" °f 016 as may hereafter be made. It shall, however, be the duty of each and every functionary to allot punishment 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.

capital offence* Sec. 15. And be it further enacted, That murder and insur, reetion, or rebellion against the Chinese government, with

Jurisdiction commissioner.

« ForrigeFortsett »