'CHAP. 140.-AN ACT to authorize the issuing a register to the bark Mary Teressa. A register to is [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be issued, under the direction of the Sec- sue. retary of the Treasury, a register for the bark Mary Teressa, formerly a French vessel, but now owned by Nathan Rogers and Charles Butler, citizens of Baltimore, in the State of Maryland; and which said vessel having been wrecked and condemned in the Chesapeake bay, and has been repaired at great expense: Provided, It shall be proved to the satisfaction of the Secretary of the Treasury that the cost of the repairs cost of repairs. made in the United States exceeds three-fourths of the original cost of building a vessel of the same tonnage in the United States. Approved August 7, 1848. Proviso as to CHAP. 141.-AN ACT to authorize the Secretary of the Treasury to license yachts, and for other purposes. Yachts used as pleasure vessels. c., to be licensed on terms that will proceed from port allow them to [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled, That the Secretary of the Treasury is hereby authorized to cause yachts used and employed exclusively as pleasure vessels, and designed as models of naval architecture, and now entitled to be enrolled as American vessels, to be ted States withto port in the Unilicensed on terms which will authorize them to proceed from out clearance. port to port of the United States without entering or clearing at the custom-house. Such license shall be in such form as the Secretary of the Treasury may prescribe: Provided, Such vessels so enrolled and licensed shall not be allowed to trans port merchandise, or carry passengers for pay: And pro-ize. vided further, That the owner of any such vessel, before Owners of such taking out such license, shall give a bond, in such form and vessels to give for such amount as the Secretary of the Treasury shall prescribe, conditional that the said vessel shall not engage in any unlawful trade, nor in any way violate the revenue laws of the United States, and shall comply with the laws in all other respects. Proviso; such vessels not to be allowed to transport merchan bonds. Such vessels to be subject in all respects to the SEC. 2. And be it further enacted, That all such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and for- laws of the United feiture for any violation of the provisions of this act. SEC. 3. And be it further enacted, That all such licensed yachts shall use a signal of the form, size, and colors prescribed by the Secretary of the Navy, and the owners thereof shall at all times permit the naval architects in the employ of the United States to examine and copy the models of said yachts. Approved August 7, 1848. States. Shall use signals, &c. 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, 1848. claimants upon tled to bounty their warrants in payment. . 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, are 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-emption sembled, That those persons who are entitled to bounty land the Miami lands Warrants for one hundred and sixty acres in virtue of their in Indiana enti- own services during the present war with Mexico, and who lands may apply may likewise be entitled to the right of pre-emption upon the 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. $418 60, the him which was remitted. CHAP. 148.-AN ACT to refund a penalty remitted by the Secretary of the [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress asΤο be paid sembled, That the Secretary of the Treasury be, and he is amount of a pen hereby, authorized to pay to John Hardorp, of the city of alty incurred by New York, out of any moneys in the treasury not otherwise appropriated, the sum of four hundred and eighteen dollars and sixty cents, being the amount of a certain penalty incurred 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. [SEC. 1.] Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress as sembled, That the Secretary of War be, and he is hereby, 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 States in those countries. States appointed vested with judi [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress as- The. commissembled, That, to carry into full effect the provisions of the sioner and con treaty of July third, eighteen hundred and forty-four, with the suls of the United Chinese empire, the commissioner and the consuls of the to reside in China United States, duly appointed to reside in China, shall, in addi- cial authority. tion to the other powers and 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 belong. ing thereto. the United States law in the domin SEC. 2. And be it further enacted, That in regard to crimes May arraign and and misdemeanors, the said public functionaries are hereby try all citizens of fully empowered to arraign, and try, in the manner herein charged with of provided, all citizens of the United States charged with fences against offences against law, which shall be committed in the do- ions of China, and minions of China, including Macao, and, upon conviction, sentence the of to sentence such offenders in the manner herein authorized; and 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 rights, whether of property or person, the 'said functionaries 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 upon conviction. fenders. Their jurisdiction in regard to civil rights. S. extended over United States in they are deficient, manner. tween citizens of the United States or others provided for by said treaty.. 1 SEC. 4. And be it further enacted, That such jurisdiction Laws of the U. in criminal and civil matters shall, in all cases, be exercised the citizens of the and enforced in conformity with the laws of the United China; and when States, which are hereby, so far as is necessary to execute the common law said treaty, extended over all citizens of the United States in extended 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 insufficient, in China; and if defects still remain to be supplied, and neithe commission ther the common law nor the statutes of the United States crees and regula- furnish appropriate and suitable remedies, the commissioner shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies. Where these er shall by de tions supply such defects. sioner, with the eral consuls, to decrees, &c., for visions of this act into effect. The commis- SEC. 5. And be it further enacted, That, in order to oradvice of the sevganize and carry into effect the system of jurisprudence demake the neces manded by said treaty, the commissioner, with the advice of sary regulations, the several consuls for the five ports named in said treaty, or carrying the pro- so many of them as can be conveniently assembled, shall 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 regulations, decrees, and orders shall be plainly drawn up in writ-· ing, 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, and it shall take effect from the publication or any Such regula subsequent day thereto named in the act. tions, decrees, &c., to be trans SEC. 6. And be it further enacted, That all such regulamitted to the Pre- tions, orders, and decress shall, as speedily as may be after before Congress. publication, be transmitted by the commissioner, with the sident, to be laid 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 consuls aforesaid, at the port for which he is appointed, shall be competent under 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 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 of fence; which punishment shall, in all cases, except as is herein otherwise provided, be either fine or imprisonment. Powers and du ties of consuls. No appeal from the decision of a consul in certain SEC. 8. And be it further enacted, That any consul, when sitting alone for the trial of offences, shall finally decide all cases where the fine imposed does not exceed one hundred cases. ̧ dollars, or the term of imprisonment does not exceed sixty days, and there shall be no appeal therefrom, except as provided in section eleven of this act. Cases in which the defendant commissioner. SEC. 9. And be it further enacted, That when sitting alone he may also decide all cases in which the fine imposed does may appeal to the not exceed five hundred dollars, or the term of imprisonment does not exceed ninety days; but in all such cases, if the 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. Cases in which summon one or more SEC. 10. And be it further enacted, That whenever in any case the consul shall be of opinion that, by reason of the the consul may legal questions which may arise therein, assistance will be useful to him, or whenever he shall be of opinion that a severer punishment than those above specified will be required, he shall, in either case, summon one or more 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 his final adjudication, either by entering up judg. ment 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. Extent of jurisdiction of con SEC. 11. And be it further enacted, 'That the consuls aforesaid, and each of them, at the port for which he is appointed, sus. |