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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.
Sec. 10. And be it further enacted, That whenever in any case the consul shall be of opinion that, by reason of the legal questions which may arise therein, assist- ance will be useful to him, or whenever he shall be of opinion that a severer pu- nishment than those above specified will be required, he shall, in either case, sum- mon 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 com. p: tent to the duty, to sit with him in the trial, and who, after so sitting upon the 'rial, 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, to- gether with the evidence and opinions, shall be referred to the commissioner for his final adjudication, either by entering up judgment 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.
SEC. 11. And be it further enacted, That the consuls aforesaid, and each of them, at the port for which he is appointed, shall have jurisdiction, as is herein provided, in all civil cases arising under said treaty, wherein the damage de- manded does not exceed the sum of five hundred dollars; and if he sees fit to dé. cide the same without aid, his decision thereon shall be final; but if in his judg- ment 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, nòr 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 judg. ment 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 regu. lations as may exist, to the commissioner; but if no appeal is lawfully claimed, the decision of the consul shall be final and conclusive.
SEC. 12. And be it further enacted, That in all cases, criminal 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 cha- racter of testimony shall be noted down, with the ruling in all such cases, and the evidence shall be part of the case.
SEC. 13. And be it further enacted, That the commissioner of the United States shall, in addition to his power to make regulations and decrees, as is herein pro- vided, 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 em powered 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 con.
uls, or by himself, if asked for upon justifiable grounds.
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