Directory_and_Chronicle_1845 — Page 528

AN ACT

GIVING CERTAIN JUDICIAL POWERS

TO

MINISTERS AND CONSULS OF THE UNITED STATES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, to carry into full effect the provisions of the treaty of July third, eighteen hundred and forty-four, with the Chinese empire, the commissioner and the consuls of the United States, duly appointed to reside in China, shall, in addition 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 belonging thereto.

SEc. 2. And be it further enacted, That, in regard to crimes and misdemeanors, the said public functionaries are hereby fully empowered to arraign, and try, in the manner herein provided, all citizens of the United States charged with offences against law, which shall be committed in the dominions of China, including Ma- cao, and, upon conviction, to sentence such offenders in the manner herein au- thorized; 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 con- tract was made, or at the port at which, or nearest to which, it was to be execut- ed; 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 com. plained of was sustained-any such port abovenamed 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 by said treaty.

•

SEC. 4. And be it further enacted, That such jurisdiction in criminal and civil matters shall, in all cases, be exercised and enforced in conformity with the laws of the United States, which are hereby, so far as is necessary to execute said treaty, extended over all citizens of the United States in 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 in China; and if defects still remain to be supplied, and

+