Page 498 Page 498
Page 498 Page 498
174
AN ACT OF CONGRESS RELATING TO TREATIES.
It
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 be made. shall, however, be the duty of each and every functionary to allot punishment accord. ing 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 Minister in the country.
SEC. 15.-And be it further enacted, That murder and insurrection, or rebellion against the government of either of the said countries, with intent to subvert the same, shall be capital 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 Minister also approves of the conviction; but it shall always be lawful to convict one put upon trial for either of these crimes, of a lesser offence of a similar 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, in either of the said countries, it shall be the duty of the Minister to issue his warrant for the execution of the con- vict, appointing the time, place, and manner; but if the said Minister 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 Minister in each of the said countries to establish a tariff of fees for judicial services, which shall be paid by such parties and to such persons as said Minister shall direct; and the proceeds shall, as far as is necessary, be applied to defray the expenses incident to the execution of thfs Act; and regular accounts, both of receipts and expenditures, shall be kept by the said Minister and Consuls, and transmitted annually to the Secretary
of State.
SEC. 18.-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 Minister in the country or Consul, to adjust and settle the same among themselves, upon pecuniary or other considerations.
And
SEC. 19.-And be it further enacted, That it shall be the duty also of the said Ministers 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. it shall be the duty of the Minister in each country to prepare a form of submission 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 if he accepts it, he shall endorse the fact, and judgment shall be rendered thereon, and execution issue in compliance with the terms thereof: Provided, however, That the parties may always
settle the same before return thereof is made to the Consul.
SEC. 20.-And be it further enacted, That the Ministers aforesaid and Consuls shall be fully authorized to call upon the local authorities to sustain and support them in the execution of the powers confided to them by said treaty, and on their part to do and perform whatever is necessary to carry the provisions of said treaties into full effect, so far as they are to be executed in the said countries, respectively.
SEC. 21.-And be it further enacted, That the provisions of this Act, so far as the same relate to crimes and offences committed by citizens of the United States, shall extend to Turkey, under the treaty with the Sublime Porte of May seventh, eighteen hundred and thirty, and shall be executed in the Ottoman dominions, in conformity with the provisions of said treaty and of this Act, by the Minister of the United States, and the Consuls of the United States [appointed] to reside therein, who are hereby
Page 498 Page 498
Page 498 Page 498
No comments yet.
Private notes are available after approval.