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No. 395. - JUNE 16, 1860. * Stat. at Large, CHAP. CXXXIV. – An Act to change the Location of the Custom-House for the District Vol. XII. p. 39. of Brazos de Santiago, from Point Isabel to Brownsville, in the State of Texas.

Custom-house Be it enacted, fc. That the custom-house of said district be, and the to be at Brownsville and port of same is hereby, changed from Point Isabel to Brownsville; that the port entry.

of entry heretofore existing at Point Isabel aforesaid, be, and the same is hereby, abolished, and that Brownsville aforesaid be, and the same is

hereby, created a port of entry for said district. Collector's of Sec. 2. That the collector of said district shall henceforth keep his fice at Browns- office at Brownsville aforesaid, and the same shall be removed, under such

instructions as the Secretary of the Treasury shall prescribe. Deputy at Sec. 3. That a deputy collector of customs shall reside and keep his Brazos de San- office at Brazos de Santiago aforesaid, who shall be, and he is hereby, tiago.

authorized to enter and clear vessels. Transhipment SEC. 4. That all goods, wares, and merchandise of whatever descripof imported goods at Brazos

tion, transported in bond to the port of entry hereby created, from any Harbor for other port or place in the United States, via Brazos Harbor, may, on their Brownsville.

arrival in said harbor, be transhipped, under such regulations, not inconsistent with law, as the Secretary of the Treasury may prescribe, in other vessels for transportation via the Rio Grande to Brownsville aforesaid ; and any goods, wares, or merchandise, of any description whatever, imported into said district via said harbor, from any foreign country, may in like manner be transhipped to said port of entry as herein provided, for

goods, wares, and merchandise transhipped in bond. Saving of ex- Sec. 5. That no bond, obligation, power of attorney, or other instruisting obligation. ment having legal force, and given or taken with reference to the custom

house of said district, before the passage of this act, shall by this reason be in any manner impaired, but the same shall nevertheless remain valid.

No. 396. — JUNE 16, 1860. Stat. at Large, CHAP. CXXXV. - An Act to amend an Act regulating the Diplomatic and Consular Vol. XII. p. 40.

System of the United States. Sardinia to be Be it enacted, &c. That from and after the thirtieth of June next the in schedule A.

kingdom of Sardinia be ranked in schedule A of the consular and diplo1856, ch. 127. matic bill, approved August eighteenth, eighteen hundred and fifty-six, Ante, p. 374.

with Russia, Spain, Austria, Brazil, Mexico, and China. Appointment Sec. 2. That the President may, by and with the advice and consent and pay of en

of the Senate, appoint a representative to the kingdom of Sardinia, of the voy, and secretary.

grade of envoy extraordinary and minister plenipotentiary, who shall receive for his services an annual compensation of twelve thousand dollars ; and a secretary of legation, who shall receive for his services an annual

compensation of one thousand eight hundred dollars. Repeal of in- Sec. 3. That all acts and parts of acts fixing the rank and the comconsistent legis- pensation of the representative of the United States and the secretary of

legation at Sardinia be, and the same are hereby, repealed, so far as the same are inconsistent with this act.

* See act of July 28, 1866, chap. 293, 19 1, 2, 3.

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CHAP. CXLII. An Act to amend an Act approved the third Day of March, one thou- Stat. at Large,

sand eight hundred and forty-seven, entitled, An Act to establish a Port of Entry at Vol. XII. p. 43. Saluria, in the State of Texus, and for other Purposes."

1847, ch. 57.

Ante, p. 306. Be it enacted, fc. That the surveyor of customs of the port of Corpus Surveyorship Christi, in the district of Saluria, in the State of Texas, be, and the same

at Corpus Chris

ti abolished and is hereby, discontinued, and a deputy collector shall be appointed, accord

deputy-collecing to law, for the said port of Corpus Christi, with the same powers as the torship estabdeputy collectors at Aransas and Sabine, within said State, as provided in lished. sections third and fourth of the act of which this is the amendment. The Pay of deputy. compensation of the deputy collector at Corpus Christi shall be at the rate of five hundred dollars per annum, and the fees prescribed by law not to exceed, in the aggregate, in any one year, the sum of fifteen hundred dollars.

ors.

No. 398. - JUNE 22, 1860.
CHAP. CLXXIX. — An Act lo carry into Effect Provisions of the Treaties between the

Stat. at Large, United States, China, Japan, Siam,'Persia, and other Countries

, giving certain Judicial Vol. XII. p. 72. Powers to Ministers and Consuls or other Functionaries, of the United States in those Countries, and for other Purposes. Be it enacted, &c. That, to carry into full effect the provisions of the

United States

ministers and treaties of the United States with the empires of China, Japan, and Siam, consuls in China, respectively, the minister and the consuls of the United States, duly ap- &c. to have pointed to reside in each of the said countries, shall, in addition to other certain judicial

powers. 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.

As to crimes Sec. 2. That in regard to crimes and misdemeanors, the said public

and misdemeanfunctionaries 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 processes as are suitable and necessary to carry this authority into execution.

Sec. 3. That, in regard to civil rights, whether of property or person, to civil rights. 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.

Sec. 4. That such jurisdiction in criminal and civil matters shall, in all . Civil and crimcases, be exercised and enforced in conformity with the laws of the United how to be exerStates, which are hereby, so far as is necessary to execute such treaties, cised and en

forced. respectively, extended over all citizens of the United States in the said countries, (and over all others to the extent that the terms of the said treaties, respectively, justify or require,) so far as such laws are suitable to carry the said treaties 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, including equity and admiralty, shall be extended in like manner over such citizens and others in the said countries; and, if defects still remain to be supplied, and neither the common law, including equity and admiralty, nor the statutes of the United States, furnish appropriate and suitable remedies, the ministers in the said

countries, respectively, shall, by decrees and regulations which shall have Ministers to

the force of law, supply such defects and deficiencies. prescribe forins Sec. 5. That in order to organize and carry into effect the system of of process to be jurisprudence demanded by such treaties, respectively, the said ministers, used by consuls. with the advice of the several consuls in each of the said countries,

respectively, or so many of them as can be conveniently assembled, shall Form of trial, prescribe the forms of all processes which shall be issued by any of said oaths, costs, &c. consuls ; the mode of executing and the time of returning the same; the

manner in which trials shall be conducted, and how the records thereof shall be kept; the form of oaths for Christian witnesses, and the mode of examining all other witnesses; 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 Bail-bonds and compensated ; the form of bail-bonds, and the security which shall be appeals.

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 Regulations, exigency may demand ; and all such regulations, decrees, and orders shall &c. to be in

be plainly drawn up in writing, and submitted, as above provided, for the writing

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 minister, in the said countries, respectively, 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. Regulations to Sec. 6. That all such regulations, orders, and decrees, shall, as speedily be sent to Secretary of State. as may be after publication, be transmitted by the said ministers, with the

opinions of their advisers, as drawn up by them severally, to the Secretary of State, to be laid before Congress for revision.

Sec. 7. That each of the consuls aforesaid, at the port for which he is issue warrant for

appointed, shall be competent, under the authority herein contained, upon arrest, &c. of any citizen of

facts within his own knowledge, or which he has good reason to believe the United

true, or upon complaint made, or information filed in writing and authenStates.

ticated in such way as .shall be prescribed by the minister, to issue his warrant for the arrest of any citizen of the United States charged with committing in the country an offence against law; and when arrested, to

arraign and try any such offender; and upon conviction, to sentence him Punishment. 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

imprisonment. Jurisdiction of Sec. 8. That any consul, when sitting alone for the trial of offences, or consuls; without misdemeanors, shall finally decide all cases where the fine imposed does not appeal.

exceed one hundred dollars, or the term of imprisonment does not exceed

sixty days. And there shall be no appeal therefrom except as provided in Punishment section eleven of this act. But no fine imposed by a consul for a contempt for contempt. committed in the presence of the court, or for failing to obey a summons

from the same, shall exceed fifty dollars, nor shall the imprisonment exceed twenty-four hours for the same contempt.

Sec. 9. That when sitting alone he may also decide all cases in which

Consul may

such case.

the fine imposed does not exceed five hundred dollars, or the term of im

Jurisdiction of prisonment does not exceed ninety days; but in all such cases, if the fine consuls with apexceeds 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. That whenever, in any case, the consul shall be of opinion that, Consul may by reason of the legal questions which may arise therein, assistance will be call to his assistuseful to him, or whenever he shall be of opinion that a severer punish- cases, not over ment than those above specified will be required, he shall, in either case, four persons, &c. 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 Proceedings in 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. That the consuls aforesaid, and each of them, at the port for Jurisdiction in which he is appointed, shall have jurisdiction, as is herein provided, in all

ing under treacivil cases arising under such treaties, respectively, wherein the damage ties. demanded does not exceed the sum of five hundred dollars ; and if he sees 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 exceeds 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. That in all cases, criminal and civil, the evidence shall be Evidence to be taken down in writing in open court, under such regulations as may be in all cases, and made for that purpose ; and all objections to the competency or character objections noted. of testimony shall be noted, with the ruling in all such cases, and the evidence shall be part of the case. Sec. 13. That the minister of the United States in the country to which Jurisdiction of

minister in civil he is appointed shall, in addition to his power to make regulations and

and criminal decrees, as herein provided, be fully authorized to hear and decide all cases. 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 be granted, either by the consuls or by himself, if asked for upon justifiable grounds.

cuted.

Punishment of

SEC. 14. That in all cases, except as is herein otherwise provided, the fine or imprison- punishment of crime provided for by this act shall be by fine or imprisonment, or both, ment, or both, at the discretion of the functionary who decides the case, and proportioned but subject to the regulations herein contained, and such as may hereafter

be made. It shall, however, be the duty of each and every functionary to allot punishment according 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. Offences pun

Sec. 15. That murder and insurrection, or rebellion against the gove ishable with

ernment of either of the said countries, with intent to subvert the same, death.

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. Sentences of Sec. 16. That whenever any one shall be convicted of either of the death, how exe.

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 such convict, appointing the time, place, and manner; but if the said

minister shall be satisfied that the ends of public justice demand it, he may, Reprieve or from time to time, postpone such execution ; and if he finds mitigatory cirpardon.

cumstances which may authorize it, may submit the case to the President

of the United States for pardon. Minister to es- Sec. 17. That it shall be the duty of the minister in each of the said tablish tariff of countries to establish a tariff of fees for judicial services, which shall be fees, how to be paid.

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 this 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. Certain crimi- SEC. 18. That, in all criminal cases which are not of a heinous charnal cases may be acter, 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 set

tle the same among themselves, upon pecuniary or other considerations. Settlement of

Sec. 19. That it shall be the duty also of the said ministers and the sies favored.

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. And it shall be the duty of the minister in each country to pre

pare a form of submission for such cases, to be signed by the parties, and Arbitration. 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

indorse the fact, and judgement shall be rendered thereon, and execution Proviso. 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. Ministers and Sec. 20. That the ministers aforesaid and consuls shall be fully authorconsuls may call on local authori-ized 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. That the provisions of this act, so far as the same relate to

civil controver

ties.

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