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cases to be taken
shall 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 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 the commissioner; 'but if no appeal is lawfully claimed, the decision of the consul shall be final and con
clusive. Evidence in all Şec. 12. And be it further enacted, That, in all cases, crim. 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.
onosi Sec. 13. And be it further enacted, That the commissioner 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 necessary to execute the power conferred upon him; and he is hereby fully emporvered 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.
Sec. 14. And be it further enacted, That in all cases, exunishment, es cept as is herein otherwise provided, the punishment of crime hereinafter men- provided for by this act shall be by fine or imprisonment, or and imprisonment both, at the discretion of the functionary who decides the
In potem se case, but subject to the regulations herein contained, and such magnitude of the as may hereafter be made. It shall, however, be the duty offenoe.
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 com
missioner. Capital offences. Sec. 15. And be it further enacted, That murderand insur
irection, or rebellion against the Chinese government, with
tioned, to be fine
and to be in pro. portion to the
cution of persons
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 aş for other offences, by fine or imprisonment, or both. Sec. 16. And be it further enacted, That whenever any one Commissioner
to issue his warshall be convicted of either of the crimes punishable with rant for the exe. death, as aforesaid, it shall be the duty of the commissioner
convicted of capito issue his warrant for the execution, of such convict, ap. tal offences. pointing the time, place, and manner; but if the said con- sı
May postpone missioner shall be satisfied that the ends of public justice de and may submit
the case to the mand it, he may, from time to time, postpone such execution ; President for parand if he finds mitigatory circumstances which may author. ize it, may submit the case to the President of the United States for pardon.
Sec. 17. And be it further enacted, That it shall be the c duty of the commissioner to establish a tariff of fees for ju
tariff of sees, &c. dicial-services, which shall be paid by such parties, and to such persons, as said commissioner shall direct; and the proceeds shall, as far as is necessary, be applied to defray the expensés incident to the execution of this act; and regular accounts, both of receipts and expenditures, shall be kept and laid before Congress by the commissioner annually. . Sec. 18. And be it further enacted, That, in consideration of of the duties herein imposed upon the commissioner, there and consuls for
services under shall be paid to him, out of the treasury of the United States, this act. annually the sum of one thousand dollars in addition to his salary; and there shall also be paid, annually, to each of said consuls, for a like reason, the sum of one thousand dollars in ... addition to consular fees. Sec. 19. And be it further enacted, That, in all criminal In certain crim
inal cases the parcases which are not of a heinous character, it shall be lawful ties with consent for the parties aggrieved. or concerned therein, with the assent of the commissioner or consul, to adjust and settle same among
themselves. the saine among themselves, upon pecuniary or other consid-* erations.
Sec. 20. And bc it further enacted, That it shall be the Commissioner duty also of the commissioner and the consuls to encourage encourage the the settlement of controversies of a civil character by mutual settlement of civil agreement, or to submit them to the decision of referees mutual agreeagreed upon by the parties, a majority of whom shall have the parties. power to decide the matter. And it shall be the duty of the commissioner to prepare a form of submission for such cases, to be signed by the parties and acknowledged before the consul; and when parties have so agreed to refer, the referees may, after suitable notice of the time and place of meeting for the trial, proceed ex parte, in case either party refuses or neglects to appear; and, after hearing any case, may deliver
Compensation of commissioner
of commissioner, may settle the
and consuls shall
ment, &c., among
herein confided to them.
their award sealed to the consul, who, in court, shall open the same; and if he accepts it, he shall' endorse the fact, and judgment shall be rendered thereon, and execution issue in compliance with the terms thereof: Provided, however, That the parties may always settle the same before return thereof
is made to the consul.
he Sec. 21. And be it further enacted, That the commissioner May call on the Chinese authori. and the consuls shall be fully authorized to call upon the them in the Per Chinese authorities to sustain and support them in the exe. sise of the powers cution of the powers confided to them by said treaty, and on
their part to do and perform whatever is necessary to carry the provisions of said treaty into full effect, so far as they are to be executed in China.
Sec. 22. And be it further enacted, That the provisions of this act extended this act, so far as the same relate to crimes committed by citi..
zens of the United States, shall extend to Turkey, under the treaty with the Sublime Porte of May seventh, eighteen hundred and thirty, and shall be executed in the dominions of the Sublime Porte, in conformity with the provisions of said treaty, by the minister of the United States, and the consuls appointed by the United States to reside therein, who are hereby ex officio vested with the powers herein contained, for the purposes above expressed, so far as regards the funish.
ment of crime. Meaning of Sec. 23. And be it further enacted, That the word com. sioner" and "con missioner, when used in this act, shall be understood to mean sual". as used in the persons vested with and exercising the principal diplo.
matic functions in China; and the word minister, as meaning the person. vested with the powers of chief diplomatic functionary of the United States in Turkey. The word consul shall be understood to mean any person vested by the United States with, and exercising, the consular authority in any of the five ports in China named in the treaty, or in any
port in Turkey. A!! officers Sec. 24. And be it further enacted, That all such officers responsible to the shall be responsible for their conduct to the United States the laws thereor: and to the laws thereof, not only as diplomatic functionaries
and commercial functionaries, but as judicial officers when they perform judicial duties, and shall be held liable for all negligences and misconduct as public officers.
Approved August 11, 1848.
herein referred to
United States and
CHAP. 151.--AN ACT for dividing the State of Georgia into two judicial
districts, and organizing and establishing an additional district court of the United States, with circuit court powers and jurisdiction.
[Sec. 1.] Be it enacted by the Senate and House of Repre.
sentatives of the United States of America in Congress as. State of Georgia sembled, That the State of Georgia shall be, and the same is
to hereby, divided into two judicial districts, in manner follow
ing, to with the counties of Harris, Talbot, Upson, Mon.
divided into two judicial districts.
for the northern
roe, Jones, Putnam, Hancock, Warren, Columbia, and all the counties in said State south of them, shall compose one district, to be called the southern district; and the courts shall Southern disa be held as heretofore, and at the times now authorized and *** required by law, at Savannah. The counties of Troupe, Merriwether, Pike, Butts, Jasper, Morgan, Greene, Taliaferro, Wilkes, Lincoln, and all the remaining counties in said State north of them, shall compose one district, to be called the northern district, and a court shall be held for the said dis. Northern district at Marietta, in the county of Cobb.
SEC. 2. And be it further enacted, That there shall be two Terms of court terms of the district court for the northern district, held at district Marietta, in each and every year, to begin on the second Monday in March, and on the second Monday in September. And the district judge of the United States for the State of Georgia is hereby required to hold the courts aforesaid ; and furthermore, he is authorized and required to hold one or more special terms at Marietta, in each year, if, in his opinion, the business of the court or the public convenience. shall require it to be done. Sec. 3. And be it further enacted, That the second Mon
Return days day in March and the second Monday in September in each year shall be return days for writs and executions, returnable to the said district court to be held for the northern district at Marietta ; and the parties to such suits as shall be so returned shall make up their pleadings under such rules as the court shall prescribe, in order to have the causes so returned in a state of readiness for trial at the succeeding regu. lan term.
Sec. 4. And be it further enacted, That all causes at law a or in chancery pending in the said district courts at Savan- pending in nah, or in the circuit court of the United States at Savannah nah and Milledge
ville to be trans. and Milledgeville, where the defendant or defendants resided in the northern district (as thereby established) at the time of trict court for the serving process, shall be transferred for trial to the district court for the said northern district, and be proceeded in, heard, adjudged, and determined in the same manner as though originally commenced or prosecuted in said couri. And it shall be the duty of the clerks of the said courts at Savannah and Milledgeville safely to transmit to the clerk of the district court at Marietta the original papers in all cases hereby ordered to be transferred, together with a transcript of all orders and other proceedings had thereon.
Sec. 5. And be it further enacted, That all suits hereafter Suits hereafter to be instituted in either of said courts, not of a local nature, commenced in a shall be commenced in a court of the district where the de- court of the disfendant resides; but if there be more than one defendant, defendant resides;
but if more than and they reside in different districts, the plaintiff may sue in one" defendant, either, and send duplicate writs to the other defendants, on
in either which the plaintiff or his attorney shall endorse that the writ thus sent is a copy of a writ sued out of the proper district; and the said writs, when executed and returned into the
courts at Savan
ferred to the dis.
trict where the
plaintiff may sue zey and marshal
trict to perform duties of district
shal for northern district
district court fo
office from which they issued, shall constitute one and the
same suit, and be proceeded in accordingly, Judge to ap- Sec. 6. And be it further enacted, That the judge of the point a clerk for porthern district. said district court shall appoint a clerk of the district court of
the northern district, who shall reside and keep his office, and records and documents appertaining thereto, at the place of holding said court. And the said clerk shall be entitled to the same fees allowed by law to the clerks of the district courts in the other district in said State, perform the like du.
ties, and be subject to the same liabilities and penalties. District attor. Sec. 7. And be it further enacted, That the district attor. southern dis ney and the marshal of the southern district of Georgia shall
erform respectively perform the duties of the district attorney and attorney and mar. marshal of the northern district. And the said marshal
shall keep an office at Marietta; and his charges for mileage, in the execution of the duties of his office within the said
northern district, shall be computed from Marietta. Jurisdiction of Sec. 8. And bc it further enacted, That the said district porthern district. court for the northern district of Georgia, in addition to the
ordinary jurisdiction and powers of a district court of the United States, shall, within the limits of the said northern district, have jurisdiction of all causes, except appeals and writs of error, which now are or hereafter may be made cognizable in a circuit court of the United States, and shall
proceed therein in the same manner as a circuit court. Appeals, &c., to Sec. 9. And be it further enacted, That appeals, and writs 1 Court of the U.S. of error in the nature of appeals, shall lie and may be sued
from the said district court at Marietta to the Supreme Court
of the United States. In case judge Sec. 10. And be it further enacted, That, should the judge
to of the district courts aforesaid fail to attend at the time and stand adjourned. place of holding the court for the said northern district, at
any one of its terms aforesaid, before the close of the fourth day of any such term, the business pending in any such
court shall stand adjourned to the next term thereof. Conflicting laws Sec. 11. And be it further enacted, That all laws contra
vening or opposed to the provisions of this act be, and the same are hereby, repealed.
Approved August 11, 1848.
should fail to at teud, business to
CHAP. 152.-AN ACT to authorize the State of Alabama to apply certain
lands heretofore granted to that State for internal improvementą, for the use of schools in the valueless sixteenth sections in said State.
granted to State Alabama for in
[Sec. 1.) Be it enacted by the Senate and House of Repre.
sentatives of the United States of America in Congress as. Certain lands sembled, That the lands granted to the State of Alabama for
purposes of internal improvement, by the eighth section of ternal improve the act entitled “ An act to appropriate the proceeds of the plied by salā sales of the public lands, and to.grant pre-emption rights,"?
the use approved September fourth, eighteen hundred and forty-one,
ments may be ap
State for the use of schools.