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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 offences, if the consul and his associates concur in opinion, the decision shall be final.

SEC. 11. That the consuls aforesaid, and each of them, at the port for risdiction of con- 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 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 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 in all cases to be taken down in writing.

Jurisdiction of commissioner.

Punishment,

hereinafter men

SEC. 12. 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. That the commissioner of the United States 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 consuls or by himself, if asked for upon justifiable grounds.

SEC. 14. That in all cases, except as is herein otherwise provided; the except in cases punishment of crime provided for by this act shall be by fine or imprisontioned, to be fine ment, or both, at the discretion of the functionary who decides the case, and imprison- but subject to the regulations herein contained, and such as may hereafter ment, and to be be made. It shall, however, be the duty of each and every functionary to in proportion to the magnitude of 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 commissioner.

the offence.

Capital offences.

Commissioner

SEC. 15. That murder and insurrection, or rebellion against the Chinese government, with intent to subvert the same, 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 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 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.

SEC. 16. That whenever any one shall be convicted of either of the to issue his war- crimes punishable with death, as aforesaid, it shall be the duty of the commissioner to issue his warrant for the execution of such convict, ap

rant for the exe

ital offences.

May postpone such execution,

and may submit the case to the

pointing the time, place, and manner; but if the said commissioner shall cution of persons be satisfied that the ends of public justice demand it, he may, from time convicted of capto 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. SEC. 17. That it shall be the duty of the commissioner to establish a President for tariff of fees for judicial services, which shall be paid by such parties, and pardon. to such persons, as said commissioner shall direct; and the proceeds shall, to establish a as far as is necessary, be applied to defray the expenses incident to the tariff of fees, &c. execution of this act; and regular accounts, both of receipts and expendi- Annual report tures, shall be kept and laid before Congress by the commissioner annuto Congress. ally.

Commissioner

and consuls for

SEO 18. That, in consideration of the duties herein imposed upon the Compensation commissioner, there shall be paid to him, out of the treasury of the United of commissioner States, annually, the sum of one thousand dollars in addition to his salary; services under and there shall also be paid, annually, to each of said consuls, for a like this act. reason, the sum of one thousand dollars in addition to consular fees.

inal cases the

parties, with consent of commissioner,may settle the same among

themselves.

Commissioner and consuls shall encourage the

SEC. 19. That, in all criminal cases which are not of a heinous char- In certain crimacter, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the commissioner or consul, to adjust and settle the same among themselves, upon pecuniary or other considerations. SEC. 20. That it shall be the duty also of the commissioner 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 settlement of matter. And it shall be the duty of the commissioner to prepare a form civil controversies by mutual of submission for such cases, to be signed by the parties and acknowledged agreement, &c. before the consul; and when parties have so agreed to refer, the referees among the parmay, 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, force the award. 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 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.

ties.

Consul may en

Chinese authori

SEC. 21. That the commissioner and the consuls shall be fully author- May call on the ized to call upon the Chinese authorities to sustain and support them in ties to support the execution of the powers confided to them by said treaty, and on their them in the exerpart to do and perform whatever is necessary to carry the provisions of cise of the powsaid treaty into full effect, so far as they are to be executed in China.

SEC. 22. That the provisions of this act, so far as the same relate to crimes 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 dominions of the Sublime Porte, in conformity with the provisions of said treaty, by the minister of the United States, and the consuls appointed by the United States to reside therein, who are hereby ex officio vested with the powers herein contained, for the purposes above expressed, so far as regards the punishment of crime.

ers herein confided to them. Provisions of

this act extended to Turkey.

Meaning of words "commissioner " and "consul" as used

SEC. 23. That the word commissioner, when used in this act, shall be understood to mean the persons vested with and exercising the principal diplomatic functions in China; and the word minister, as meaning the person vested with the powers of chief diplomatic functionary of the in this act. United States in Turkey. The word consul shall be understood to mean any person vested by the United States with, and exercising, the consular authority in any of the five ports in China named in the treaty, or in any port in Turkey.

SEC. 24. That all such officers shall be responsible for their conduct to All officers the United States and to the laws thereof, not only as diplomatic function- herein referred

the United States

to responsible to aries and commercial functionaries, but as judicial officers when they perform judicial duties, and shall be held liable for all negligences and misconduct as public officers.

and the laws thereof.

Stat. at Large, Vol. IX. p. 323. Certain officers

required to give security for mon

eys intrusted to them for disbursement.

Collection dis

established, and collector to be appointed.

No. 307.- AUGUST 14, 1848.

CHAP. CLXXVII. - An Act to establish the Territorial Government of Oregon. SEC. 22. That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the Territory of Oregon, who by virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security at such time and place, and in such manner, as the Secretary of the Treasury may prescribe.

SEC. 23. That all the ports, harbors, shores, and waters of the maintrict of Oregon land of the Territory aforesaid shall constitute a collection district, to be called the district of Oregon; and a port of entry shall be established at Astoria, near the mouth of the Columbia River, and a collector of customs shall be appointed by the President, by and with the advice and consent of the Senate, to reside at such port of entry.

Ports of delivery, and

Surveyors to be appointed. Compensation of collector and

surveyors.

Revenue laws extended over

SEC. 24. That the President of the United States be, and he is hereby, authorized to establish such ports of delivery in the district created by this act, not exceeding two in number, (one of which shall be located on Fuget's Sound,) as he may deem expedient, and may appoint, by and with the advice and consent of the Senate, surveyors to reside thereat.

SEC. 25. That the collector of said district shall be allowed a compensation of one thousand dollars per annum, and the fees allowed by law; and the compensation of any surveyor appointed in pursuance of this act shall not exceed five hundred dollars per annum, including in said sum the fees allowed by law; and the amount collected by any of said surveyors, for fees in any one year, exceeding the sum of five hundred dollars, shall be accounted for and paid into the treasury of the United States. SEC. 26. That the revenue laws of the United States be, and are here

said Territory. by, extended over the Territory of Oregon.

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Stat. at Large, Vol. IX. p. 354. Repeal of proviso to § 19.

Ch. 5, 1847.

CHAP. C.- An Act making Appropriations for the Civil and Diplomatic Expenses of Government for the Year ending the thirtieth of June, eighteen hundred and fifty, and for other Purposes.

SEC. 3. That the proviso to the nineteenth section of the act of the Vol. ix. p. 121. twenty-eighth of January, eighteen hundred and forty-seven, entitled "An act authorizing the issue of treasury notes, a loan, and for other purposes," be, and the same is hereby, repealed.

Prohibition as to salaries.

Stat. at Large, Vol. IX. p. 380. Regulations to be observed by vessels, steamboats, &c. navi

SEC. 4. That no clerk or other officer shall receive the salary of any secretary, or head of bureau, for acting or having acted in his place or office, while said secretary, or head of bureau, receives such salary.

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CHAP. CV.-An Act making Appropriations for Lighthouses, Lightboats, Buoys, &c. and providing for the Erection and Establishment of the Same, and for other Purposes. SEC. 5. That vessels, steamboats, and propellers, navigating the northern and western lakes, shall, from and after the thirtieth day of April gating the north- next, comply with the following regulations, for the security of life and property, to wit: during the night, vessels on the starboard tack shall show a red light, vessels on the larboard tack a green light, and vessels going off large, or before the wind, or at anchor, a white light; steamboats

ern or northwestern lakes.

1864, ch. 69.

Also 1838, ch.

Also 1866, ch.

and propellers shall carry on the stem, or as far forward as possible, a triangular light, at an angle of about sixty degrees with the horizon, and 191, § 10. on the starboard side a light shaded green, and on the larboard side red; 234, and Feb. 25, said lights shall be furnished with reflectors, &c. complete, and of a size 1867, ch. 83. to insure a good and sufficient light; and if loss or damage shall occur, the owner or owners of the vessel, steamboat, or propeller, neglecting to comply with these regulations, shall be liable to the injured party for all loss or damage resulting from such neglect; and the owner or owners of any vessel failing to comply with said regulations shall forfeit a penalty of one hundred dollars, which may be recovered in an action of debt, to be brought by the district attorney of the United States, in the name of the United States, in any court of competent jurisdiction.

No. 310. - MARCH 3, 1849.

Stat. at Large,

CHAP. CVIII. — An Act to establish the Home Department, and to provide for the Treasury Department an Assistant Secretary of the Treasury, and a Commissioner of the Cus- Vol. IX. p. 395.

toms.

ated, to be called

terior."

Be it enacted, &c. That, from and after the passage of this act, there New executive shall be created a new executive department of the government of the department creUnited States, to be called the Department of the Interior; the head of the "Departwhich department shall be called the Secretary of the Interior, who shall ment of the Inbe appointed by the President of the United States, by and with the ad- Secretary of vice and consent of the Senate, and who shall hold his office by the same the Interior how to be aptenure, and receive the same salary, as the secretaries of the other execupointed: his saltive departments, and who shall perform all the duties assigned to him by this act.

SEC. 2. That the Secretary of the Interior shall exercise and perform all the acts of supervision and appeal in regard to the office of commissioner of patents, now exercised by the Secretary of State; and the said Secretary of the Interior shall sign all requisitions for the advance or payment of money out of the treasury on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the first or fifth auditor and first comptroller of the treasury.

ary.

Secretary of

the Interior to

have supervision of the patentoffice;

And of the

office;

SEC. 3. That the Secretary of the Interior shall perform all the duties in relation to the general land office, of supervision and appeal, now dis- general land charged by the Secretary of the Treasury; and the said Secretary of the Interior shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, approved or certified by the commissioner of the general land office, subject to the same control now exercised by the first comptroller of the treasury.

SEC. 4. That the supervisory power now exercised by the Secretary of the Treasury over the accounts of the marshals, clerks, and other officers of all the courts of the United States, shall be exercised by the Secretary of the Interior, who shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same control now exercised on like estimates or accounts by the first auditor and first comptroller of the treasury.

And of the ac

counts of mar

shals, clerks, and officers of

courts of the United States,

&c.;

commissioner of

SEC. 5. That the Secretary of the Interior shall exercise the supervisory And of the and appellate powers now exercised by the Secretary of the War Depart- Indian affairs, ment, in relation to all the acts of the commissioner of Indian affairs; and &c.; shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the second auditor and second comptroller of the treasury.

And of the

SEC. 6. That the Secretary of the Interior shall exercise the supervisory and appellate powers now exercised by the Secretaries of the War and commissioner of pensions, &c.; Navy Departments, in relation to all the acts of the commissioner of pensions; and shall sign all requisitions for the advance or payment of money

And of the

taking and making returns of census, &c.;

And of the lead and other mines of the U. States;

And of the

commissioner of public buildings, &c.;

See act March 2, 1867, ch. 167, § 2.

Proviso.

And over the penitentiary of the District of Columbia.

Secretary to appoint a chief clerk: his salary.

out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the third or fourth auditors and second comptroller of the treasury.

SEC. 7. That the Secretary of the Interior shall exercise all the supervisory and appellate powers now exercised by the Secretary of State, in relation to all acts of marshals and others in taking and returning the census of the United States; and shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised over similar estimates and accounts by the fifth auditor and first comptroller of the treasury.

SEC. 8. That the supervisory and appellate powers now exercised by the Secretary of the Treasury over the lead and other mines of the United States, and over the accounts of the agents thereof, shall be exercised by the Secretary of the Interior; who shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the second auditor and second comptroller of the treasury.

SEC. 9. That the supervisory and appellate powers now exercised by the President of the United States over the commissioner of public buildings, shall be exercised by the Secretary of the Interior; who shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the first auditor and first comptroller of the treasury: Provided, that nothing in this section contained shall be construed to take from the presiding officers of the two houses of Congress the power now possessed by them to make and enforce rules and regulations for the care, preservation, orderly keeping, and police of the capitol, and its appurtenances.

SEC. 10. That the Secretary of the Interior shall have and exercise a supervisory power and control over the board of inspectors and warden of the penitentiary of the District of Columbia; and shall sign all requisitions for the advance or payment of money out of the treasury on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the first auditor and first comptroller of the treasury.

SEC. 11. That the Secretary of the Interior is hereby authorized to appoint a chief clerk of his department, who shall receive a salary of two thousand dollars per annum ; and that the President of the United States, on the recommendation of the said Secretary of the Interior, may transfer Certain clerks from the Treasury Department proper, to the Department of the Interior, in the Treasury such clerks in the office of the Secretary of the Treasury as perform the Department to be transferred to duties over which the supervision and control are given by this act to the the office of Sec- Secretary of the Interior; which said clerks shall be hereafter subject to retary of the In- the appointing and removing power of the Secretary of the Interior, as Appointment also the clerks in the several bureaus heretofore appointed or removable of clerks. by the heads of departments, which bureaus are transferred by this act to the Department of the Interior.

terior.

[Commissioner of customs to be appointed. His salary.

SEC. 12. That an officer shall be appointed by the President of the United States, by and with the advice and consent of the Senate, in the Department of the Treasury, as one of its bureaus, to be called the commissioner of customs, who shall perform all the acts and exercise all the powers, now devolved by law on the first comptroller of the treasury, relating to the receipts from customs and the accounts of collectors and other officers of the customs, or connected therewith; who shall hold his office by the same tenure, and receive the same amount of salary, as the first auditor of the treasury, and payable in the same manner. And the Secretary of the Treasury shall transfer from the office of the first comptroller, and comptroller such clerks as may be necessary to the bureau of the com

Clerks to be

transferred from office of first

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