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chemicals, &c., namely: one examiner in each of the ports of New York, examiners of Boston, Philadelphia, Baltimore, Charleston, and New Orleans, with the drugs, medicines, &c. following salaries, viz: at New York, sixteen hundred dollars per annum; Their salaries. and at each of the other ports above named, one thousand dollars per annum; which said salaries shall be paid each year, quarterly, out of any moneys in the treasury not otherwise appropriated; and it shall be the duty of the said secretary to give such instructions to the collectors of the customs in the other collection districts, as he may deem necessary given to collectto prevent the importation of adulterated and spurious drugs and ors of customs. medicines.

Necessary instructions to be

SEC. 6. That the special examiners to be appointed under this act shall, Special exambefore entering on the discharge of their duties, take and subscribe the iners to take the oath required by oath or affirmation required by the ninth section of the act of the thir- the act of 30th tieth of July, eighteen hundred and forty-six, entitled "An act reducing July, 1846, ch. the duty on imports, and for other purposes."

74.

The special examiners to be ta

ken from officers now employed in the customs.

SEC. 7. That the special examiners authorized to be appointed by the fifth section of this act shall, if suitably qualified persons can be found, be taken from the officers now employed in the respective collection districts; and if new appointments shall be necessary for want of such persons, then, as soon as it can be done consistently with the efficiency of the service, the officers in said districts shall be reduced, so that the to be increased, present number of said officers shall not be permanently increased by except temporáreason of such new appointments.

No. 299.- JUNE 26, 1848.

Present num

ber of officers not

rily.

Stat. at Large,

CHAP. LXXII. An Act to amend the Act entitled "An Act for the Regulation of Seamen on board the Public and Private Vessels of the United States," passed the third of Vol. IX. p. 240. March, eighteen hundred and thirteen.

Be it enacted, &c. That the last clause of the twelfth section of the act hereby amended, consisting of the following words, to wit, "without being at any time during the said five years out of the territory of the United States," be, and the same is hereby, repealed.

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CHAP. LXXIX. An Act to amend the Act to provide for the Transportation of the
Mail between the United States and Foreign Countries, and for other Purposes.

1813, ch. 42.

Repeal of clause requiring a conof five years in

tinued residence

the United States previous to naturalization.

Stat. at Large, Vol. IX. p. 241. 1845, ch. 69.

The Postmas

Be it enacted, &c. That the Postmaster-General, under the direction of the President of the United States, be, and he is hereby, authorized and ter-General to charge upon and empowered to charge upon, and collect from, all letters and other mail- collect from all able matter carried to or from any port of the United States, in any for- letters, &c. careign packet ship or other vessel, the same rate or rates of charge for ried in foreign packets, the American postage which the government to which such foreign packet or same rate of other vessel belongs imposes upon letters and other mailable matter con- postage which the governments veyed to or from such foreign country in American packets or other ves- to which such sels, as the postage of such government, and at any time to revoke the foreign packets same. And it shall be the duty of all custom-house officers and other belong impose United States agents, designated or appointed for that purpose, to enforce carried in Amerupon letters, &c. or carry into effect the foregoing provision, and to aid or assist in the col- ican packets. Custom-house lection of such postage. And to that end it shall be lawful for such offi- and other United cers and agents, on suspicion of fraud, to open and examine, in the pres- States officers reence of two or more respectable persons, being citizens of the United quired to aid in carrying this proStates, any package or packages supposed to contain mailable matter, found vision into effect. on board such packets or other vessels, or elsewhere, and to prevent, if Examination of necessary, such packets or other vessels from entering, breaking bulk, or packages authormaking clearance, until all such letters or other mailable matter are duly delivered into the United States post-office.

ized.

All letters, &c.

ship to or from any port of the United States, to be subject to postage charge as aforesaid, ex

cept letters relating to the vessels or cargoes,

directed to the owners and consignees of said vessels.

SEC. 2. That all letters or other mailable matter conveyed to or from conveyed by any foreign packet or any port of the United States, by any foreign packet or ship except such unsealed letters relating to said ship or vessel, or any part of the cargo thereof, as may be directed to the owner or owners, consignee or consignees, of said ship or other vessel, shall be so subject to postage charge as aforesaid, whether addressed to any person in the United States or elsewhere: Provided, It is done by the packet or other ship of a foreign country imposing postage on letters or mailable matter conveyed to or from such country, by any packet or other ship of the United States; and such letters or other mailable matter carried in foreign packet ships or other vessels, except such unsealed letters relating to the ship or vessel, or any part of the cargo thereof, as may be directed to the owner or owners, consignee or consignees, as aforesaid, are hereby required to be delivered into the United States post-office by the master or commanders of all such packets or other vessels when arriving, and to be taken from a United States post-office when departing, and the postage paid thereon justly Penalty for re- chargeable by this act; and for refusing or failing to do so, or for conveyfusing or failing ing said letters, or any letters intended to be conveyed in any ship or vesto comply with the provisions of sel of such foreign country, over or across the United States, or any portion thereof, the party offending shall, on conviction, forfeit and pay not exceeding five thousand dollars for each offence.

this section.

Penalty on

contractors who shall refuse to deliver up, at the appraised value, the steamships employed by them in carrying said mails. 1845, ch. 69.

Postmaster

General may impose fines on contractors for

unreasonable or unnecessary delay, &c.

Proviso.

Contracts for

foreign mail service not to be as

signable. Proviso.

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SEC. 3. That in case the person or persons, or the directors of any incorporated company, who have entered into any contract, or who may hereafter enter into any contract, with the Postmaster-General, for conveying the mail of the United States to any foreign country, in pursuance of the act entitled "An act to provide for the transportation of the mail between the United States and foreign countries, and for other purposes,' approved the third day of March, eighteen hundred and forty-five, or of any other act, in which said contract there is a stipulation, on the part of such contractor, giving to the United States the right to purchase, at an appraised value, the steamship or ships required by such contract to be employed in conveying the mail, shall decline to sell and deliver to the United States such ship or ships, or shall refuse to name and appoint appraisers to value the same, agreeably to the provisions of said act, or the same having been appraised and valued, shall refuse to convey and deliver said ship or ships to the United States, on the payment, or tender of payment, by the United States, of the sum at which the said ship or ships may have been appraised and valued, such person or persons so offending shall forfeit a sum not exceeding one hundred thousand dollars, to be recovered in any proper action, for the use of the treasury of the United States; and in case of refusal or inability to pay the same, shall be liable to be imprisoned not exceeding one year, at the discretion of the court rendering judgment for such penalty,

SEC. 4. That to secure the regular transmission of the mail to and from foreign countries, the Postmaster-General be, and he is hereby, authorized and required to impose fines on contractors, for any unreasonable or unnecessary delay in the departure of such mails, or in the performance of the trip: Provided, That the fine for any one default shall not exceed one half of the contract price paid for the trip.

SEC. 5. That it shall not be lawful for any contractor for transporting the mail to any foreign country to assign or transfer his contracts: and all such assignments or transfers shall be null and void: Provided, That assignments and transfers which have been made and accepted by the Postmaster-General or the Secretary of the Navy before the passage of this act, shall not be affected by this section.

No. 301.- JULY 10, 1848.

CHAP. C. — An Act to re-establish the Collection District of Brunswick, in the State of Stat. at Large, Vol. IX. p. 246.

Georgia.

The collection district of Brunslished.

wick re-estab

Be it enacted, &c. That so much of the act entitled "An act relating to certain collection districts and for other purposes," approved June fifteen, eighteen hundred and forty-four, as relates to the collection district of Brunswick, in the State of Georgia, be, and the same is hereby, repealed; and the said district is hereby re-established and restored in all 1862, ch. 116. respects as it was before the passage of said act.

No. 302.-JULY 25, 1848.

CHAP. CX.- An Act to make Bangor a Port of Entry for Ships or Vessels coming from and beyond the Cape of Good Hope.

Be it enacted, &c. That Bangor, in the State of Maine, shall be, hereby is, made a port of entry for ships or vessels coming from or yond the Cape of Good Hope.

and

1844, ch. 51.

Stat. at Large, Vol. IX. p. 251.

Bangor a port

be- for vessels from

or beyond the Cape of Good Hope.

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CHAP. CXLI.

- An Act to authorize the Secretary of the Treasury to license Yachts, and
for other Purposes.

Stat. at Large, Vol. IX. p. 274.

Yachts used as

"&c. to be li

Be it enacted, &c. That the Secretary of the Treasury is hereby authorized to cause yachts used and employed exclusively as pleasure vessels, pleasure vessels, and designed as models of naval architecture, and now entitled to be en- censed on terms rolled as American vessels, to be licensed on terms which will authorize that will allow them to proceed them to proceed from port to port of the United States without entering from port to port or clearing at the custom-house. Such license shall be in such form as in the United the Secretary of the Treasury may prescribe: Provided, Such vessel so States without enrolled and licensed shall not be allowed to transport merchandise or carry passengers for pay: And provided further, That the owner of any vessels not to be such vessel, before taking out such license, shall give a bond, in such form allowed to transand for such amount as the Secretary of the Treasury shall prescribe, con- dise. ditional that the said vessel shall not engage in any unlawful trade, nor in Owners of such vessels to give any way violate the revenue laws of the United States, and shall comply bonds. with the laws in all other respects.

SEC. 2. That all such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation of the provisions of this act.

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SEC. 3. That all such licensed yachts shall use a signal of the form, size, and colors prescribed by the Secretary of the Navy, and the owners thereof shall at all times permit the naval architects in the employ of the United States to examine and copy the models of said yachts.

clearance. Proviso: such

port merchan

Such vessels to be subject in all

respects to the laws of the Unit

ed States.

Shall use sig

nals, &c.

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Be it enacted, &c. That the town of Essex, in the State of Massa- Town of Essex, chusetts, now included in the collection district of Newburyport, shall Mass., annexed hereafter be included in, and form a part of, the collection district of Glou- district of Glou

cester.

to the collection

cester.

40

No. 305. — August 7, 1848.

Stat. at Large, CHAP. CXLV. - An Act to annex that Part of the State of Indiana bordering on Lake Vol. IX. p. 275. Michigan to the Chicago Collection District.

That part of the State of Indiana bordering on Lake Michigan

annexed to the collection district of Chicago.

Stat. at Large, Vol. IX. p. 276.

The commissioner and con

vested with judi

Be it enacted, &c. That from and after the thirtieth day of September next, all that part of the State of Indiana bordering on Lake Michigan, and heretofore included in the Detroit collection district, be, and the same is hereby, annexed to, and made a part of, the collection district of Chicago, in the State of Illinois.

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CHAP. CL. · An Act to carry into Effect certain Provisions in the Treaties between the United States and China and the Ottoman Porte, giving certain Judicial Powers to Ministers and Consuls of the United States in those Countries.

Be it enacted, &c. That, to carry into full effect the provisions of the suls of the United treaty of July third, eighteen hundred and forty-four, with the Chinese States appointed empire, the commissioner and the consuls of the United States, duly apto reside in China pointed to reside in China, shall, in addition to the other powers and duties cial authority. imposed upon them by the provisions of said treaty, be vested with the judicial authority herein described, which shall appertain to the said office of commissioner and consul, and be a part of the duties belonging thereto.. SEC. 2. That in regard to crimes and misdemeanors, 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 the dominions of China, [including Macao]* and, upon conviction, to sentence such offenders in the manner herein authorized; and the said funcționaries and each of them are hereby authorized to issue all such processes as are suitable and necessary to tence the offend- carry this authority into execution.

May arraign and try all citi

zens of the United States

charged with of fences against law in the dominions of

China, and upon

conviction, sen

ers.

SEC. 3. That in regard to civil rights, whether of property or person, Their jurisdic- the said functionaries are hereby vested with all the judicial authority netion in regard to civil rights. cessary to execute the provisions of said treaty, 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 five mentioned in the treaty; which jurisdiction shall embrace all controversies between citizens of the United States or others provided for by said treaty.

Laws of the United States extended over the citizens of

the United States in China; and when they are deficient, the

common law ex

tended in like

manner.

Where these

are insufficient,

the commission

er shall, by decrees and regulations, supply such defects. The commisadvice of the

sioner, with the several consuls, to make the ne

SEC. 4. 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 said treaty, extended over all citizens of the United States in China, (and over all others to the extent that the terms of the treaty justify or require,) so far as such laws are suitable to carry said treaty 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 shall be extended in like manner over such citizens and others in China; and if defects still remain to be supplied, and neither the common law nor the statutes of the United States furnish appropriate and suitable remedies, the commissioner shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies.

SEC. 5. That in order to organize and carry into effect the system of jurisprudence demanded by said treaty, the commissioner, with the advice of the several consuls for the five ports named in said treaty, or so many of them as can be conveniently assembled, shall prescribe the forms of all

* Repealed as to Macao. See act of Sept. 20, 1850, ch. 65.

fect.

processes which shall be issued by any of said consuls; the mode of exe- cessary regulacuting and the time of returning the same; the manner in which trials tions, decrees, &c. for carrying shall be conducted, and how the records thereof shall be kept; the form the provisions of of oaths for Christian witnesses, and the mode of examining all other wit- this act into efnesses; the costs which shall be allowed to the prevailing 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 provisions of this act, as the exigency may demand; and all such regulations, decrees, and orders shall be plainly drawn up in writing, and submitted, shall be taken. 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 commissioner 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.

SEC. 6. That all such regulations, orders, and decrees shall, as speedily as may be after publication, be transmitted by the commissioner, with the opinions of his advisers, as drawn up by them severally, to the President, to be laid before Congress for revision.

How advice

Such regulations, decrees, mitted to the President, to be

&c. to be trans

laid before Con

gress.

Powers and duties of consuls.

SEC. 7. 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 commissioners, to issue his warrant for the arrest of any citizen of the United States charged with committing in China 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 to the offence; which punishment shall, in all cases, except as is herein otherwise provided, be either fine or im- ishment. prisonment.

Mode of pun

the decision of a

SEC. 8. That any consul, when sitting alone for the trial of offences, No appeal from shall finally decide all cases where the fine imposed does not exceed one consul in certain hundred dollars, or the term of imprisonment does not exceed sixty days, cases. and there shall be no appeal therefrom, except as provided in section eleven of this act.

SEC. 9. That when sitting alone he may also decide all cases in which Cases in which the defendant the fine imposed does not exceed five hundred dollars, or the term of immay appeal to prisonment does not exceed ninety days; but in all such cases, if the fine the commissionexceeds one hundred dollars, or the imprisonment exceeds ninety days, the er. defendant may, by complying with the requirements in cases of appeal, carry the case before the commissioner by appeal.

Cases in which the consul may

summon one or

sistance and ad

SEC. 10. 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 more American punishment than those above specified will be required, he shall, in either citizens for ascase, summon one or more citizens of the United States, not exceeding vice. four in number, 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, decide the case; but if his decision is opposed by the opinion of one or

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