Directory_and_Chronicle_1845 — Page 529

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neither the common law nor the statutes of the United States furnish appropriate and suitable remedies, the commissioner shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies.

SEc. 5. And be it further enacted, That, in order to organize and carry into effect the system of jurisprudence demanded by said treaty, the commissioner, with the advice of the several consuls for the five ports named in said treaty, or 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 trial shall be conducted, and how the records thereof shall be kept; the form of oaths for Christian witness- es, and the mode of examining all other witnesses; the costs which shall be al. lowed 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 compen. sated; 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 enu. meration, 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, 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 pre- judicial delay or incovenience, who shall each signify his assent or dissent in writ ing, with his name subscribed thereto; and after taking such advice, and con- sidering the same, the commissioner may, nevertheless, by causing the decrec, 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 subsequent day thereto named in the act.

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Src. 6. And be it further enacted, That all such regulations, orders, and decrces shall, as specdily as may be after publication, be transmitted by the com- missioner, 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 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 is. sue 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 punish- ment 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 sitting alone for the trial of offences, shall finally decide all cases where the fine imposed does not ex- ceed one hundred dollars, or the term of imprisonment does not exceed sixty days. and there shall be no appeal therefrom, except as provided in section 11 of this act. Sec. 9. And be it further enacted, That when sitting alone he may also decide all cases in which the fine imposed does not exceed five hundred dollars, or the

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