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 compensated; the form of bailbonds, 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, 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.

submitted to Con

Regulations to be SEC. 6. And be it further enacted, That gress for revision. 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 revi sion.

Consuls may arrest and try citizens.

SEC. 7. And be it further enacted, 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 offense 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 offense; which punishment shall, in all cases, except as is herein otherwise provided, be either fine or imprisonment.

Decisions of Conpenalty does not eximprisonment.

suls final, when the

ceed $100, or 60 days'

SEC. 8. And be it further enacted, That any Consul, when sitting alone for the trial of offenses, shall decide all cases where the fine imposed does not 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 section eleven of this Act.

Consuls may decide

in other cases, the right of appeal.

defendant having a

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 imprisonment exceeds ninety days, the defendant may, by complying with the requirements in cases of appeal, carry the case before the Commissioner by appeal.

criminal cases

to

Consul in important summon one or more

citizens to sit with

SEC. 10. And be it further enacted, That whenever in any case the Consul shall be of opinion that, by reason of the legal him. questions that may arise therein, assistance will be useful to him, or whenever be shall be of opinion that a severer punishment than those above specified will be required, he shall in either case summon one or more citizens of the United States, not exceeding 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 more of his associates, the case, without further proceedings, together with the evidence and opinions, shall be referred to the Commissioner 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 offenses, if the Consul and his associates concur in opinion, the decision shall be final.

Jurisdiction

of

Consul in civil cases does not exceed $500 moned in difficult

where the demand

Associates to be sum

and more important

cases.

SEC. 11. And be it further enacted, That the 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 said

treaty, 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 exceeds five hundred dollars, in either such case it shall be his duty to summon to his aid not less than two, nor more than three, citizens of the United States, 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 Commissioner; but if no appeal is lawfully claimed, the decision of the Consul shall be final and conclusive.

Evidence to be taken down in writing.

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.

Authority of the

SEC. 13. And be it further enacted, That the Commissioner of the United States Commissioner. shall, in addition to his power to make regulations and decrees, as is herein provided, be fully authorized to hear and decide all cases, criminal and civil, which may come before him 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 Consul or by himself, if asked for upon justifiable grounds.

Fines and imprisonments, how to be

SEC. 14. And be it further enacted, That in all cases, except as is herein otherwise enforced. provided, the punishment of crime provided for by this Act shall be by fine or imprisonment, or both, at the discretion of the functionary who decides the case, 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 offense; 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 Commissioner.

Murder and Insurrection, or Rebellion

against the Chinese offenses.

Government, capital

SEC. 15. And be it further enacted, That Murder and Insurrection, or Rebellion against the Chinese government, with intent to subvert the same, shall be capital offenses, 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 Commissioner 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 offense of a similar character, if the evidence justifies it; and when so convicted, to punish as for other offenses, by fine or imprisonment, or both.

Commissioner

to

may postpone, pend

President.

SEC. 16. And be it further enacted, That Issue exccutions, or whenever any one shall be convicted of ing a reference to the either of the crimes punishable with death, as aforesaid, it shall be the duty of the Commissioner to issue his warrant for the execution of such convict, appointing the time, place, and manner; but if the said Commissioner shall be satisfied that the ends of public justice demand it, he may, from time to time, postpone such execution; and if he finds mitigatory circumstances which may authorize it, may submit the case to the President of the United States for pardon.

Tariff of fees for

SEC. 17. And be it further enacted, That Judicial services to it shall be the duty of the Commissioner to establish a tariff of fees for judicial services, which shall be paid by such parties and to such persons, as said Commissioner 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 and laid before Congress by the Commissioner annually.

$1000 each to be

soner and Consuls

and

SEC. 18. And be it further enacted, That allowed to Commis-in consideration of the duties herein imIn addition to salary posed upon the Commissioner, there shall be paid to him, out of the treasury of the United States, annually, the sum of one thousand dollars, in addition to his salary; and there shall also be paid, annually, to each of said Consuls, for a like reason, the sum of one thousand dollars, in addition to consular fees.