Directory_and_Chronicle_1877 — Page 606

AN ACT OF THE AMERICAN CONGRESS

RELATING TO TREATIES.

AN ACT to carry into effect certain Provisions in the Treaties between the United States, China, Japan, Siam, Persia, and other Countries, giving certain Judical Powers to Ministers and Consuls, or other functionaries of the United States in those Countries, or for other purposes.

Published for their information by the Department of States, Washington, July 2, 1860.

NOTE. Treaties were negotiated with China, July 3rd, 1844; and June 18th, 1858; and Convention, November 8th, 1858.

Treaties were negotiated with Japan, March 31st, 1854; and June 17th, 1857; and July 29th, 1858.

A Treaty was negotiated with Persia, December 13th, 1856.

Treaties were negotiated with Siam March 20th, 1833; and May 29th, 1856.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to carry into full effect the provisions of the treaties of the United States with the empires of China, Japan, and Siam, respectively, that Ministers and Consuls of the United States, duly appointed to reside in each of the said countries, shall in addition to other powers and duties imposed upon them respectively, by the provisions of such treaties respectively, be invested with the judicial authority herein described, which shall appertain to the said office of Minister and Consul, and be a part of the duties belonging thereto, wherein the same is allowed by treaty.

SEC. 2.—And be it further enacted, That in regard to Crimes and Misdemeanours the said public functionaries are hereby fully empowered to arraign and try, in the manner herein provided, all citizens of the United States charged with offences against law, which shall be committed in such countries, respectively, and upon conviction, to sentence such offenders in the manner herein authorized; and the said functionaries, and each of them, are hereby authorized to issue all such process as are suitable and necessary to carry this authority into execution.

SEC. 3.-And be it further enacted, That in regard to civil rights, whether of property or person, the said functionaries are hereby invested with all the judicial authority necessary to execute the provisions of such treaties, respectively, and shall entertain jurisdiction in matters of contract at the port where, or nearest to which, the contract was made, or at the port at which, or nearest to which, it was to be executed; and in all other matters at the port where, or nearest to which, the cause of controversy arose, or at the port where, or nearest to which, the damage complained of was sustained;-any such port above-named being always one of the ports at which the United States are represented by Consuls; which jurisdiction shall embrace all controversies between citizens of the United States, or others provided for by such treaties, respectively.