offenses or misdemeanors." 6 Any consul when sitting alone 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 term of imprisonment for misdemeanor exceeds sixty days, the defendants or any of them, if there be more than one, may take the case, by appeal, before the minister, 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."7 "Capital cases for murder or insurrection against the government of either of the countries hereinbefore 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 every such minister may 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 belonging to the United States, as may at the time be within his reach." 8 "Each of the ministers mentioned in section forty hundred and eighty-three shall, in the country to which he is appointed, be fully authorized to hear and decide all cases, criminal and civil, which may come before him, by appeal, under the provisions of this Title, and to issue all processes necessary to execute the power conferred upon him; and he is 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 als prescribe the rules upon which new trials may be granted, either by the consuls or by himself, if asked for upon sufficient

10

grounds." "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, with the ruling in all such cases, and the evidence shall be part of the case. "It shall be the duty of the ministers and the consuls in the countries mentioned in section forty hundred and eighty-three, 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; and the minister in each country shall prepare a form of submission for such cases, to be signed by the parties, and acknowledged before the consul. When parties have so agreed to refer, the referees may, after suitable notice of the time and place of meeting for the trial, proceed to hear the case, and a majority of them shall have power to decide the matter. If either party refuses or neglects to appear, the referees may proceed ex parte. After hearing any case such referees 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. The parties, however, may always settle the same before return thereof is made to the consul.” 11 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." 12 "The ministers 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 treaty, and on their part to do and perform whatever is necessary to carry the provisions of the treaties into full effect, so far as they are to be executed in the countries, re

9 U. S. R. S., § 4091, 2 Fed. St. Ann. 821, Pierce's Fed. Code, § 4253.

10 U. S. R. S., § 4097, 2 Fed. St. Ann. 822, Pierce's Fed. Code,

§ 4259.

11 U. S. R. S., § 4098, 2 Fed. St. Ann. 822, Pierce's Fed. Code, § 4260.

12 U. S. R. S., § 4099, 2 Fed. St. Ann. 823, Pierce's Fed. Code, § 4261.

spectively.'' 13 "In all cases, except as herein otherwise provided, the punishment of crime provided for by this Title shall be by fine or imprisonment, or both, at the discretion of the officer 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 such officer to award punishment according to the magnitude and aggravation of the offense. Every person who refuses or neglects to comply with the sentence passed upon him shall stand committed until he does comply, or is discharged by order of the consul, with the consent of the minister in the country." 14 "Insurrection or rebellion against the government of either of those countries, with intent to subvert the same, and murder, shall be capital offenses, punishable with death; but no person shall be convicted of either of those 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 be lawful to convict one put upon trial for either of these crimes, of a less offense of a similar character, if the evidence justifies it, and to punish, as for other offenses, by fine or imprisonment, or both." 15 "Whenever any person is convicted of either of the crimes punishable with death, in either of these countries, it shall be the duty of the minister to issue his warrant for the execution of the convict, appointing the time, place, and manner; but if the minister is satisfied that the ends of public justice demand it, he may from time to time postpone such execution; and if he finds mitigating circumstances which authorize it, he may submit the case to the President for pardon." 16 "No fine. imposed by a consul for a contempt committed in presence of the court, or for failing to obey a summons from the same, shall exceed fifty dollars; nor shall the imprisonment exceed twentyfour hours for the same contempt." 17 "Any consul, when sitting alone for the trial of offenses or misdemeanors, shall

13 U. S. R. S., § 4100, 2 Fed. St. Ann. 823, Pierce's Fed. Code, § 4262.

14 U. S. R. S., § 4101, 2 Fed. St. Ann. 823, Pierce's Fed. Code, § 4263.

15 U. S. R. S., § 4102, 2 Fed. St. Ann. 823, Pierce's Fed. Code, § 4264.

16 U. S. R. S., § 4103, 2 Fed. St. Ann. 823, Pierce's Fed. Code, § 4265.

17 U. S. R. S., § 4104, 2 Fed. St. Ann. 824, Pierce's Fed. Code, $ 4266.

decide finally all cases where the fine imposed does not exceed one hundred dollars, or the term of imprisonment does not exceed sixty days." 18 "Whenever, in any case, the consul is of opinion that, by reason of the legal questions which may arise therein, assistance will be useful to him, or whenever he is of opinion that severer punishments than those specified in the preceding sections will be required, he shall summon, to sit with him on the trial, one or more citizens of the United States, not exceeding four, and in capital cases not less than four; who shall be taken by lot from a list which had previously been submitted to and approved by the minister, and shall be persons of good repute and competent for the duty. Every such associate shall enter upon the record his judgment and opinion, and shall sign the same; but the consul shall give judgment in the case. If the consul and his associates concur in opinion, the decision shall, in all cases, except of capital offenses, and except as provided in the preceding section, be final. If any of the associates differ in opinion from the consul, the case, without further proceedings, together with the evidence and opinions, shall be referred to the minister for his adjudication, either by entering up judgment therein, or by remitting the same to the consul with instruction how to proceed therewith." 19 "Each of the consuls mentioned in section four thousand and eighty-three shall have at the port for which he is appointed, jurisdiction as herein provided, in all civil cases arising under such treaties, respectively, wherein the damages do 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 whenever he is of opinion that any such case involves legal perplexities, and that assistance will be useful to him, or whenever the damages demanded exceed five hundred dollars, he shall summon, to sit with him on the hearing of the case, not less than two nor more than three citizens of the United States, if such are residing at the port, who shall be taken from a list which had previously been submitted to and approved by the minister, and shall be of good repute and competent for the duty. Every such associate shall note upon the record his opinion, and also, in case he dissents from the consul, such

18 U. S. R. S., § 4106, 2 Fed. St. 824, Pierce's Fed. Code,

Ann.

§ 4267.

19 U. S. R. S., § 4106, 2 Fed. St. Ann. 824, Pierce's Fed. Code, $ 4268.

reasons therefor as he thinks proper to assign; but the consul shall give judgment in the case. If the consul and his associates concur in opinion, the judgment shall be final. If any of the associates differ in opinion from the consul, either party may appeal to the minister, under such regulations as may exist; but if no appeal is lawfully claimed, the decision of the consul shall be final." 20 The jurisdiction allowed by treaty to the ministers, respectively, in the countries named in section four thousand and eighty-three shall be exercised by them in those countries, respectively, wherever they may be." 21 The jurisdiction of such ministers in all matters of civil redress, or of crimes, except in capital cases for murder or insurrection against. the governments of such countries, respectively, or for offenses against the public peace amounting to felony under the laws of the United States, shall be appellate only; Provided, That in cases where a consular officer is interested, either as party or witness, such minister shall have original jurisdiction."' 22 "All such officers shall be responsible for their conduct to the United States, and to the laws thereof, not only as diplomatic or consular officers, but as judicial officers, when they perform judicial duties, and shall be held liable for all negligences and misconduct as public officers." 23 "The President is authorized to appoint marshals for such of the consular courts in those 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, each of whom shall receive a salary of one thousand dollars a year, in addition to the fees allowed by the regulations of the ministers, respectively, in those countries." 24"It shall be the duty of the marshals, respectively, to execute all process issued by the ministers of the United States in those countries, respectively, or by the consul at the port at which they reside, and to make due return thereof to the officer by whom it was

20 U. S. R. S., § 4107, 2 Fed. St. Ann. 824, Pierce's Fed. Code, § 4269.

21 U. S. R. S., § 4108, 2 Fed. St. Ann. 825, Pierce's Fed. Code, § 4270.

22 U. S. R. S., § 4109, 2 Fed. St. Ann. 825, Pierce's Fed. Code, § 4271.

23 U. S. R. S., § 4110, 2 Fed. St. Ann. 825, Pierce's Fed. Code, § 4272.

24 U. S. R. S., § 4111, 2 Fed. St. Ann. 825, Pierce's Fed. Code, $ 4273. No longer in Japan and China. Treaty of Nov. 22, 1894, 29 St. at L. 853.