Directory_and_Chronicle_1871 — Page 496

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AN ACT OF CONGRESS RELATING TO TREATIES.

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 such treaties, respectively. extended over all citizens of the United States in the said countries, (and over all others to the extent that the terms of the said treaties, respectively, justify or require), so far as such laws are suitable to carry the said treaties 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, including equity and admiralty, shall be extended in like manner over such citizens and others in the said countries; and if defects still remain to be supplied, and neither the common law, including equity and admiralty, nor the statutes of the United States, furnish appropriate and suitable remedies, the Minister in the said countries, respectively, 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 such treaties, respectively, the said Ministers with the advice of the several Consuls in each of the said countries, respectively, or so many of them as can be conveniently assembled, shall prescribe the forms of all pro- cesses which shall be issued by any of the said Consuls; the mode of executing, and the time of returning the same; the manner in which trials shall be conducted, and how the records thereof shall be kept; the form of oaths for Christian witnesses, and the mode of examining all other witnesses; the costs which shall be allowed to the pre- vailing 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 compensated; 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 enumeration, to make all such decrees and regulations from time to time, under the provision of this Act, as the exigency may demand: and all such regulations, decrees, and orders shall be plainly drawn writing, and submitted, as above provided, for the advice of the Consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, who shall each signify his assent or dissent in writing, with his name subscribed thereto; and after taking such advice, and considering the same, the Minister in the said countries respectively, may nevertheless, by causing the decree, order, or regulation to be published with his signature thereto, and the opinions of his advisers inscribed thereon, make it 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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SEC. 6.And be it further enacted, That all such regulations, orders, and decrees. shall, as speedily as may be after publication, be transmitted by the said Ministers, with the opinions of their advisers, as drawn up by them severally, to the Secretary of State, 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 Minister, to issue his warrant for the arrest of any citizen of the United States charged with committing, in the country, an offence against law; and when arrested, to arraign and try any such offender; and upon conviction to sentence him to punishment in the manner herein prescribed; always meting out punishment in a manner proportioned of 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 or misdemeanors, shall finally decide all cases where the fine imposed does not exceed 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 eleven of this Act. But no fiue imposed by a Consul for a contempt committed in the of the Court, or for failing to obey a summons from the same, shall exceed fifty dollars. nor shall the imprisonment exceed twenty-four hours for the same coutempt,

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