AN ACT OF CONGRESS RELATING TO TREATIES.
173
SEC. 9.—And be it further enacted, That when sitting alone, he may also decide all cases in which the fine imposed does not exceed five hundred dollars, or the term of imprisonment does not exceed ninety days; but in all such cases, if the fine exceeds one hundred dollars, or the term of imprisonment for misdemeanor exceeds ninety days, the defendants (or any of them, if there be more than one) may take the case by appeal before the Minister of the United States, if allowed jurisdiction, either upon errors of law or matters of fact under such rules as may be prescribed by the Minister for the prosecution of appeals in such cases.
SEC. 10. And be it further enacted, That whenever, in any case, the Consul shall be of opinion that, by reason of the legal questions which may arise therein, assistance will be useful to him, or whenever he shall be of opinion that a severer punishment than those above specified will be required, be shall in either case summon one or more citizens of the United States, not exceeding four in number, taken by lot from a list of individuals which shall have been submitted previously to the Minister for his approval, but in capital cases not less than four, who shall be persons of good repute and competent to the duty, to sit with him in the trial, and who, after so sitting upon the trial, shall each enter upon the record his judgment and opinion, and sign the same. The Consul shall, however, give judgment in the case; but if his decision is opposed by the opinion of one or more of his associates, the case without further proceedings, together with the evidence and opinions, shall be referred to the Minister for his final adjudication, either by entering up judgment therein, or remitting the same to the Consul, with instructions how to proceed therewith; but in all such cases, except capital offences, if the Consul and his associates concur in opinion, the decision shall be final, except as is provided in section nine of this Act.
SEC. 11. And be it further enacted, That Consuls aforesaid, and each of them, at the port for which he is appointed, shall have jurisdiction as is herein provided, in all civil cases arising under such treaties, respectively, wherein the damage demanded does not exceed the sum of five hundred dollars; and if he see fit to decide the same without aid his decision thereon shall be final; but if in his judgment any case involves legal perplexities, and assistance will be useful, or if the damage demanded exceed five hundred dollars, in either such case it shall be his duty to summon to his aid, from a list of individuals which shall have been nominated for the purposes of this Act to the Minister and received his approval, not less than two nor more than three citizens of the United States if such are residing at the port, of good repute and competent to the duty, who shall with him hear any such case; and if the Consul and his associates concur in opinion, the judgment shall be final; but if the associates, or any of them, differ from the Consul, the opinions of all shall be noted on the record, and each shall subscribe his name to his assent to, or dissent from, the Consul, with such reasons therefor as he thinks proper to assign, and either party may thereupon appeal, under such regulations as may exist, to the Minister; but if no appeal is lawfully claimed, the decision of the Consul shall be final and conclusive.
SEC. 12.-And be it further enacted, That in all cases, criminal and civil, the evidence shall be taken down in writing in open Court, under such regulations as may be made for that purpose; and all objections to the competency or character of testimony shall be noted down, with the ruling in all such cases, and the evidence shall be part of the case.
SEC. 13.-And be it further enacted, That the Minister of the United States in the country to which he his appointed shall, iu addition to bis power to make regulations and decrees as herein provided, be fully authorized to hear and decide all cases, criminal and civil, which may come before him, by appeal, under the provisions of this Act, and to issue all processes necessary to execute the power conferred upon him; and he is hereby fully empowered to decide finally any case upon the evidence which comes up with it, or to hear the parties further, if he thinks justice will be promoted thereby; and he may also prescribe the rules upon which new trials may bo granted, either by the Consuls or by himself, if asked for upon justifiable grounds.
SEC. 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 fine or
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