warrant for execu

pone, pending are

sident.

SEC. 16. And be it further enacted, That Minister to issue whenever any one shall be convicted of tions, or may posteither of the crimes punishable with ference to the Predeath, 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 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

be established.

SEC. 17. And be it further enacted, That it shall be the duty of the Minister in judicial services to each of the said countries to establish a tariff of fees for judicial services, which shall be 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.

Crimes not of a

heinous character may be settled by the parties with assent

of the Minister or

Consul.

Minister and Con

SEC. 18. And be it further enacted, That in all criminal cases which are not of a heinous character, 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 settle the same among themselves, upon pecuniary or other considerations. SEC. 19. And be it further enacted, That it shall be the duty also of the said nisters and the 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 prepare a form of submission for such cases, to be signed by the parties and acknowledged before

Mi-suls to encourage the

extra-judicial ar

rangement of civil ferees, and mode of

suits; trial before re

process.

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 endorse the fact, and judgment shall be rendered thereon, and execution 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.

Local authorities to

in carrying out the Treaty.

SEC. 20. And be it further enacted, be called upon to aid That the Ministers aforesaid and consuls shall be fully authorized 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.

to Turkey.

What provisions of SEC. 21. And be it further enacted, That this act are to extend the provisions of this Act, so far as the same relate to crimes and offenses committed by citizens of the United States, shall extend to Turkey, under the treaty with the Sublime Porte of May seventh, eighteen hundred and thirty, and shall be executed in the Ottoman dominions, in conformity with the provisions of said treaty and of this Act, by the Minister of the United States, and the consuls of the United States [appointed] to reside therein, who are hereby ex officio invested with the powers herein conferred upon the Minister and consuls in China, for the purposes above expressed, so far as regards the punishment of crime, and also for the exercise of jurisdiction in civil cases wherein the same is permitted by the laws of Turkey, or its usages in its intercourse with the Franks or other foreign Christian nations.

words Minister and

Definition of the SEC. 22. And be it further enacted, That Consul. Duties of con- the word Minister, when used in this Act, sul at the capital in absence of minister. shall be understood to mean the

person

invested with, and exercising, the principal diplomatic functions in each of the countries mentioned in the first section of this Act. The word Consul shall be understood to mean any person invested by the United States with, and exercising the functions of consulgeneral, vice-consul-general, consul, or vice-consul, in any of the countries herein named. And if at any

time there be no Minister of the United States in either of the countries hereinbefore mentioned, the judicial duties which are imposed by this Act upon the Minister, shall devolve upon the consul-general, or consul residing at the capital of the country, who is hereby authorized and required to discharge the same. SEC. 23. And be it further enacted, That all such officers shall be responsible for their conduct to the United States and to the laws thereof, not only as diplomatic or consular functionaries, respectively, but as judicial officers, when they perform judicial duties, and shall be held liable for all negligencies and misconduct as public officers.

Such officers to be United States.

late to the

Capital cases to

be tried before the enlistment can be

Minister. Foreign

forcibly prevented.

SEC. 24. And be it further enacted, That capital cases for murder, or insurrection against the government of either of the countries herein before mentioned, by citizens of the United States, or for offenses against the public peace, amounting to felony under the laws of the United States, may be tried before the Minister of the United States in the country where the offense is committed, if allowed jurisdiction; and it shall be competent for each of the said Ministers to issue all manner of writs, to prevent the citizens of the United States from enlisting in the military or naval service of either of the said countries, to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against any other portion of the same people; and he may carry out this power by a resort to such force as may at the time be within his reach, belonging to the United States.

Salary, fees, and

the four countries;

bonds approved by

suits against the

Marshals, and ap

pointment of special Marshals.

SEC. 25. And be it further enacted, That duty of Marshals in the President be, and he is hereby, authothey are to give rized, to appoint Marshals for such of the Secretary of State; Consular courts in the said countries as he may think proper, not to exceed seven in number, namely, one in Japan, four in China, one in Siam, and one in Turkey, who shall each receive an annual salary of one thousand dollars per annum, in addition to the fees allowed by the regulations of the said Ministers, respectively, in the said countries; and it shall be the duty of the said marshals, respectively, to execute all process issued by the Minister of the United States in the said countries, respectively, or by the consul at the port at which they reside, and to make due return of the same to the officer by whom the same was issued, and to conform, in all respects, to the regulations prescribed by the said Ministers, respectively, in regard to their duties. And the said marshals shall give bonds for the faithful performance of the duties of the office, before entering upon the same, which bond shall be in a penal sum, not to exceed ten thousand dollars, with two sureties to be approved by the Secretary of State of the United States; and the said bond shall be transmitted to the Secretary of the Treasury, and a certified copy thereof be lodged in the office of the Minister. And in case any person aggrieved by the misconduct of any of the said marshals, should desire to bring suit upon any of the said bonds, it shall be the duty of the Secretary of the Treasury, or the Minister having custody of a copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy so furnished and certified, suit may be brought and prosecuted with the same effect as could be done upon the original: Provided, that upon a plea of non est factum verified upon oath, or any other good cause shown, the court, or the consul, or Minister trying the cause may require the original to be produced; and when so required, it shall be the duty of the Secretary of the Treasury to forward the original bond to the court, or consul, or Minister requiring the same:

And provided further, that before a copy of any such bond shall be furnished for suit, it shall be the duty of the Secretary of the Treasury, or the Minister to whom the application is made, to require prima facie proof, to be judged of by the Secretary of the Treasury or the Minister having charge of the copy, that there is probable cause of action against the marshal making the bond: And provided further, that all rules, orders, writs, and processes of every kind which are intended to operate or to be enforced against any of the said marshals, in any of the countries named in this Act, shall be directed to and executed by such person as may be appointed for that purpose by the Minister or consul issuing the same.

Rent of prisons to

ges of their keepers;

ac-number and distri

bution of prisons.

SEC. 26. And be it further enacted, That the President be, and is hereby authorized be allowed, and wato allow in the adjustment of the counts of each of the said Ministers or consuls, the actual expenses of the rent of suitable buildings, or parts of buildings to be used as prisons for American convicts in the said countries, not to exceed in any case the rate of six hundred dollars a year; and also the wages of the keepers of the same, and for the care of offenders, not to exceed in any case, the sum of eight hundred dollars per annum; and provided that no more than one prison shall be hired in Japan, four in China, one in Turkey, and one in Siam, at such port or ports as the Minister, with the sanction of the President, may designate.

Jurisdiction late, except when

Minister is appel

the consul isa party.

SEC. 27. And be it further enacted, That the jurisdiction of the respective Ministers in the countries herein before named, where the same is allowed by treaty, in all matters of civil redress or of crimes, except in the cases mentioned in the twenty-fourth section, shall be appellate only, and be exercised wherever in the said countries they may be, respectively, except also in cases where a consular officer shall happen to be interested either as party or witness, in which case original jurisdiction is vested in the said Ministers, respectively.