Directory_and_Chronicle_1875 — Page 618

AN ACT OF CONGRESS RELATING TO TREATIES.

176

ex officio invested with the powers herein conferred upon the Minister and Consuls in China, for the purposes above expressed, so far as regards the punishment of crime, and also for the exercise of jurisdiction in civil cases wherein the same is permitted by the laws of Turkey, or its usages in its intercourse with the Franks or other foreign Christian nations.

SEC. 22.—And be it further enacted, That the word Minister, when used in this Act, shall be understood to mean the person invested with, and exercising, the principal diplomatic functions in each of the countries mentioned in the first section of this Act. The word Consul shall be understood to mean any person invested by the United States with, and exercising the functions of Consul-general, of Vice-consul- general, Consul, or Vice-consul, in any of the countries herein named. And if at any time there be no Minister of the United States in either of the countries herein before mentioned, the judicial duties which are imposed by this Act upon the Minister, shall devolve upon the Consul-general, or Consul residing at the capital of the country, who is hereby authorized and required to discharge the same.

SEC. 23.—And be it further enacted, That all such officers shall be responsible for their conduct to the United States and to the laws thereof, not only as diplomatic or consular functionaries, respectively, but as judicial officers, when they perform judicial duties, and shall be held liable for all negligencies and misconduct as public officers.

SEC. 24. And be it further enacted, That capital cases for murder, or insurrection against the government of either of the countries hereinbefore mentioned, by citizens of the United States, or for offences against the public peace, amounting to felony under the laws of the United States, may be tried before the Minister of the United States in the country where the offence is committed, if allowed jurisdiction, and it shall be competent for each of the said Ministers to issue all manner of writs, to prevent the citizens of the United States from enlisting in the military or naval service of either of the said countries, to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against any other portion of the same people; and he may carry out this power by a resort to such force as may at the time be within his reach, belonging to the United States.

SEC. 25.-And be it further enacted, That the President be, and he is hereby, authorized to appoint Marshals for such of the consular courts in the said countries as he may think proper, not to exceed seven in number, namely, one in Japan, four in China, one in Siam, and one in Turkey, who shall each receive an annual salary of one thousand dollars per annum, in addition to the fees allowed by the regulations of the said Ministers, respectively, in the said countries: and it shall be the duty of the said Marshals, respectively, to execute all process issued by the Minister of the United States in the said countries, respectively, or by the Consul at the port at which they reside, and to make due return of the same to the officer by whom the same was issued, and to conform, in all respects, to the regulations prescribed by the said Ministers, respectively, in regard to their duties. And the said Marshals shall give bonds for the faithful performance of the duties of the office, before entering upon the same, which bond shall be in a penal sum, not to exceed ten thousand dollars, with two sureties to be approved by the Secretary of State of the United States; and the said bond shall be transmitted to the Secretary of the Treasury, and a certified copy thereof be lodged in the office of the Minister. And in case any person aggrieved by the misconduct of any of the said Marshals, should desire to bring suit upon any of the said bonds, it shall be the duty of the Secretary of the Treasury, or the Minister having custody of a copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy so furnished and certified, suit may be brought and prosecuted with the same effect as could be done upon the original: Provided, that upon a plea of non est factum verified upon oath, or any other good cause shown, the Court, or the Consul, or Minister trying the cause may require the original to be produced; and when so required, it shall be the duty of the Secretary of the Treasury to forward the original bond to the Court, or Consul, or Minister requiring the same; And provided further, that before a copy of any such bond shall be furnished for suit; it shall be the duty of the Secretary of the Treasury, or the Minister to whom the application is