Directory_and_Chronicle_1845 — Page 531

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Src. 14. And be it further enacted, That in all cases, except as is herein otherwise provided, the punishment of crime provided for by this act shall be by fine or imprisonment, or both, at the discretion of the functionary who decides the case, but subject to the regulations herein contained, and such as may hereafter þe made. It shall, however, be the duty 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 commissioner.

SEC. 15. And be it further enacted, That murder and insurrection, or rebellion gainst the Chinese government, with intent to subvert the same, shall be capi- tal 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 law. ful to convict one put upon trial for either of these crimes of a lesser offence, of a tsimilar character, if the evidence justifies it; and when so convicted, to punish as for other offences, by fine or imprisonment, or both.

Sec. 16. And be it further enacted, That whenever any one shall be convicted of either of the crimes punishable with death, as aforesaid, it shall be the duty of the commissioner to issue his warrant for the execution of such convict, appoint. ing the time, place, and manner; but if the said commissioner shall be satisfied that the ends of public justice demand it, he may, from time to time, postpone such execution; and if he finds mitigatory circumstances which may authorize 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 duty of the commis. sioner to establish a tariff of fees for judicial 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 expenses 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.

Src. 18. And be it further enacted, That in consideration of the duties herein imposed upon the commissioner, there shall be paid to him, out of the treasury of the United States, 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 cases which are not of a heinous character, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the commissioner or consul, to adjust and settle the same among themselves, upon pecuniary or other considerations.

Şec. 20. And be it further enacted, That it shall be the duty also of the com. missioner and the consuls to encourage the settlement of controversies of a civil character by mutual agreement, or to submit them to the decision of referees agreed upon by the parties, a majority of whom shall have power to decide the matter. And it shall be the duty of the commissioner to prepare a form of sub- mission 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 their award sealed to the consul, who, in court, shall open the same; and