Page:United States Statutes at Large Volume 9.djvu/303

'I`H1R.Tll£'1`H CONGRESS. Sess. I. Ch. 150. 1848. 277 the manner in which all officers and agents to execute process, and to carry this act into effect, shall be appointed and compensated; the lbrm of hail 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 regulations, decrees, and orders shall be plainly drawn up in writing, and submitted, as above provided, for the advice How advice uf the consuls, or as many of them as can be `consulted without preju- SMU be “‘k°“· dicial 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, [make it] to become binding and obligatory until annulled or modified by Congress, and it shall take effect from the publication or any subsequent day thereto named in the act. Sec. 6. And be ityhtrtlrer enacted, That all such regulations, orders, _ Such f¢z¤l¤- and decrees shall, as speedily as may be after publication, be transmit- 2;**,0 ,,‘;°°f[::;j ted by the commissioner, with the opinions of his advisers, as drawn mitthdto thePreup by them severally, to the President, to be laid before Congress for g%[*;· g30g;,;?? revision. Sec. 7. And be it fzrrfher enacted, That each of the consuls afore- _P¤W¤¤ ¤¤dd¤· said, at the port for which he is appointed, shall be competent, under ms °f°°"s"lS‘ the authority herein contained, upon facts within his own knowledge, or which he has good reason to believe true, or upon complaint made, or information tiled 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, Mode Or pun. except as is herein otherwise provided, be either fine or imprisonment. lshmem- Sec. 8. And be it further enacted, That any consul, when sitting No apceairrcm alone for the trial of offences, shall finally decide all cases where the ’h° ‘l°,°}“°“ gi: fine imposed does not exceed one hundred dollars, or the term of In cc imprisonment does not exceed sixty days, and there shall be no appeal therefrom, except as provided in section eleven of this act. Sec. 9. And be it further enacted, That when sitting alone he may Cases in which also decide all cases in which the fine imposed does not exceed five g:y,Pp°;;€°[f[:; hundred dollars, or the term of imprisonment does not exceed ninety commissioner. days; but in all such cases, if the fine exceeds one hundred dollars, or the imprisonment exceeds ninety days, the defendant may, by comply- ing 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 case the Cases in which consul shall be of opinion that, by reason of the legal questions which [gg5g3S2H8m;; may arise therein, assistance will be useful to him, or whenever he more American Shall be of opinion that a severer punishment than those above speci- °mz°¤”:,`°’*;’$l“‘ fied will be required, he shall, in either case, summon one or more u°° an ° "°° citizens of the United States, not exceeding four in number, but in 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 commissioner for