SEC. 4094. On any final judgment of the minister to China, or to Ja- Appeal from pan, given in the exercise of original jurisdiction, where the matter in ministers' decisions in civil cases; dispute, exclusive of costs, exceeds two thousand five hundred dollars, an appeal shall be allowed to the circuit court, as provided in the preceding section.

SEC. 4095. When any final judgment of the minister to China, or to in criminal cases. Japan, is given in the exercise of original or of appellate criminal jurisdiction, the person charged with the crime or offense, if he considers the judgment erroneous in point of law, may appeal therefrom to the circuit court for the district of California; but such appeal shall not operate as a stay of proceedings, unless the minister certifies that there is probable cause to grant the same, when the stay shall be such as the interests of justice may require.

how taken.

[Sec. 4096 gives circuit court of California authority to hear appeals.] Evidence in SEC. 4097. In all cases, criminal and civil, the evidence shall be taken consular courts, 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.

cases, to be en

agree- couraged.

SEC. 4098. It shall be the duty of the ministers and the consuls in the Compromise or countries mentioned in section forty hundred and eighty-three, to encour- reference of civil age the settlement of controversies of a civil character, by mutual ment, 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.

settled.

SEC. 4099. In all criminal cases which are not of a heinous character, Certain crimit shall be lawful for the parties aggrieved or concerned therein, with inal cases may be the assent of the minister in the country, or consul, to adjust and settle the same among themselves, upon pecuniary or other considerations. SEC. 4100. The ministers and consuls shall be fully authorized to call Aid of local auupon the local authorities to sustain and support them in the execution thorities may be 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, reectively.

invoked.

SEC. 4101. In all cases, except as herein otherwise provided, the pun- Punishments ishment of crime provided for by this Title shall be by fine or imprison- by fine or impris ment, or both, at the discretion of the officer who decides the case, but onment. 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. SEC. 4102. Insurrection or rebellion against the government of either For murder, inof those countries, with intent to subvert the same, and murder, shall surrection, or rebe 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.

bellion.

SEC. 4103. Whenever any person is convicted of either of the crimes Execution of punishable with death, in either of those countries, it shall be the duty criminals. 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 subinit the case to the President for pardon.

Punishment of SEC. 4104. No fine imposed by a consul for a contempt committed in contempts. 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.

Decisions of

SEC. 4105. Any consul, when sitting alone for the trial of offenses or consuls sitting misdemeanors, shall decide finally all cases where the fine imposed does not exceed one hundred dollars, or the term of imprisonment does not exceed sixty days.

alone in criminal cases.

Associates may

sul in criminal trials.

SEC. 4106. Whenever, in any case, the consul is of opinion that, by be called by con- 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 instructions how to proceed therewith.

Associates

civil cases.

in

Where juris

SEC. 4107. 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 demanded 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 démanded 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 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.

SEC. 4108. The jurisdiction allowed by treaty to the ministers, rediction of minis- spectively, in the countries named in section four thousand and eightyters may be ex- three shall be exercised by them in those countries, respectively, wherever they may be.

ercised.

Jurisdiction of SEC. 4109. The jurisdiction of such ministers in all matters of civil minister, when redress, or of crimes, except in capital cases for murder or insurrection appellate and against the governments of such countries, respectively, or for offenses when original. 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.

Responsibility SEC. 4110. All such officers shall be responsible for their conduct to of diplomatic and the United States, and to the laws thereof, not only as diplomatic or consular officers. consular officers, but as judicial officers, when they perform judicial duties, and shall be held liable for all negligences and misconduct as public officers.

Marshals of

SEC. 4111. The President is authorized to appoint marshals for such consular courts. 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.

Execution and

SEC. 4112. It shall be the duty of the marshals, respectively, to exereturn of process. cute all process issued by the minister 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 issued, and to conform in all respects to the regulations prescribed by the ministers, respectively, in regard to their duties.

[Intervening sections relate to marshals, bonds, &c.]

for consular

SEC. 4117. In order to organize and carry into effect the system of Ministers to jurisprudence demanded by such treaties, respectively, the ministers, make regulations with the advice of the several consuls in each of the countries, respect- courts. ively, or of so many of them as can be conveniently assembled, shall prescribe the forms of all processes to be issued by any of the 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 to be allowed to the prevailing party, and the fees to be paid for judicial services; the manner in which all officers and agents to execute process, and to carry this Title into effect, shall be appointed and compensated; the form of bail-bonds, and the security which shall be required of the party who appeals from the decision of a consul; and shall make all such further decrees and regulations from time to time, under the provisions of this Title, as the exigency may demand.

SEC. 4118. All such regulations, decrees, and orders shall be plainly Publication of drawn up in writing, and submitted, as herein before provided, for the regulations. advice of the consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, and such consul shall signify his assent or dissent in writing, with his name subscribed thereto. After taking such advice, and considering the same, the minister in each of those countries 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 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.

Fees for judi

SEC. 4120. It shall be the duty of the minister in each of those countries to establish a tariff of fees for judicial services, which shall be cial services." paid by such parties, and to such persons, as the minister shall direct; and the proceeds shall, as far as is necessary, be applied to defray the expenses incident to the execution of this Title; and regular accounts, both of receipts and expenditures, shall be kept by the minister and consuls and transmitted annually to the Secretary of State.

SEC. 4121. The President, when provision is not otherwise made, is Expenses of authorized to allow, in the adjustment of the accounts of each of the prisons in foreign ministers or consuls, the actual expenses of the rent of suitable build- countries. ings or parts of buildings to be used as prisons for American convicts in those 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. But 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, and the entire expense of prison and prison-keepers at the consulate of Bankok, in Siam, shall not exceed the sum of one thousand dollars a year.

Provisions of

SEC. 4125. The provisions of this Title, so far as the same relate to crimes and offenses committed by citizens of the United States, shall Title extended to Turkey. 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 the treaty, and of this Title, by the minister and the consuls appointed to reside therein, who are hereby ex-officio vested with the powers herein conferred upon the ministers 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.

SEC. 4126. The provisions of this Title shall extend to Persia, in re- To Persia. spect to all suits and disputes which may arise between citizens of the United States therein; and the minister and consuls who may be appointed to reside in Persia are hereby invested, in relation to such suits and disputes, with such powers as are by this Title conferred upon the ministers and consuls in China. All suits and disputes arising in Per

To Tripoli, Tunis, Morocco, and Muscat.

Judicial duties,

sia between Persian subjects and citizens of the United States shall be carried before the Persian tribunal to which such matters are usually referred, at the place where a consul or agent of the United States may reside, and shall be discussed and decided according to equity, in the presence of an employé of the consul or agent of the United States; and it shall be the duty of the consular officer to attend the trial, in person, and see that justice is administered. All suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers, shall be tried and adjudicated by the intermediation of their respective ministers or consuls, in accordance with such regulations as shall be mutually agreed upon by the minister of the United States for the time being, and the ministers of such foreign powers, respectively, which regulations shall from time to time be submitted to the Secretary of State.

SEC. 4127. The provisions of this Title, so far as the same are in conformity with the stipulations in the existing treaties between the United States and Tripoli, Tunis, Morocco, and Muscat, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the treaties, and of the provisions of this Title, by the consuls appointed by the United States to reside therein, who are hereby ex-officio invested with the powers herein delegated to the ministers and consuls of the United States appointed to reside in the countries named in section forty hundred and eighty-three, so far as the same can be exercised under the provisions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages of the countries in their intercourse with the Franks or other foreign Christian nations.

SEC. 4128. If at any time there be no minister in either of the counwhen to devolve tries herein before mentioned, the judicial duties which are imposed by on Secretary of State. this Title upon the minister shall devolve upon the Secretary of State, who is authorized and required to discharge the same.

Provisions of

other countries.

SEC. 4129. The provisions of this Title relating to the jurisdiction of Title extended to consular and diplomatic officers over civil and criminal cases in the countries therein named, shall extend to any country of like character with which the United States may hereafter enter into treaty relations.

Definition of

ter" sul."

and "con

SEC. 4130. The word "minister," when used in this Title, shall be unwords "minis- derstood to mean the person invested with, and exercising, the principal diplomatic functions. The word "consul" shall be understood to mean any person invested by the United States with, and exercising, the functions of consul-general, consul, or vice-consul.

Sec.

FRAUD, FORGERY, THEFT, &c.

183. Clerks investigating frauds may administer oath.

5394. Stealing process, &c.

5418. Forging, &c., bid, public record, &c. 5421. Forging deed, power of attorney, &c. 5422. Having forged papers in possession. 5435. False personation.

5436. False demand on fraudulent power of attorney.

Title 4.

SEC. 183. Any officer or clerk of any of the Departments lawfully deOaths, when ad- tailed to investigate frauds or attempts to defraud on the Government, ministered by or any irregularity or misconduct of any officer or agent of the United officers, &c. States, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation.

Title 70, Chap. 4.

Stealing or altering process, procuring falso bail, &c.

SEC. 5394. Every person who feloniously steals, takes away, alters, falsifies, or otherwise avoids any record, writ, process, or other proceeding, in any court of the United States, by means whereof any judgment is reversed, made void, or does not take effect, and every person who acknowledges, or procures to be acknowledged, in any such court, any recognizance, bail, or judgment, in the name of any other person not privy or consenting to the same, shall be fined not more than five thousand dollars or be imprisoned at hard labor not more than seven years; but this provision shall not extend to the acknowledgment of any judgment by an attorney, duly admitted for any person against whom any such judgment is had or given.

SEC. 5418. Every person who falsely makes, alters, forges, or counter- Title 70, Chap. 5. feits any bid, proposal, guarantee, official bond, public record, affidavit, Forging, &c., or other writing, for the purpose of defrauding the United States, or ut- bid, public re ters or publishes as true any such false, forged, altered, or counterfeited cord, &c. bid, proposal, guarantee, official bond, public record, affidavit, or other writing, for such purpose, knowing the same to be false, forged, altered, or counterfeited, or transmits to or presents at the office of any officer of the United States any such false, forged, altered, or counterfeited bid, proposal, guarantee, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for such purpose, shall be imprisoned at hard labor for a period not more than ten years, or be fined not more than one thousand dollars, or be punished by both such fine and imprisonment. [See § 5479.]

ney, &c.

SEC. 5421. Every person who falsely makes, alters, forges, or counter- Forging deed, feits; or causes or procures to be falsely made, altered, forged, or coun- power of attor terfeited; or willingly aids or assists in the false making, altering, forging, or counterfeiting, any deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States, or any of their officers or agents, any sum of money; or who utters or publishes as true, or causes to be uttered or published as true, any such false, forged, altered, or counterfeited deed, power of attorney, order, certificate, receipt, or other writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or who transmits to, or presents at, or causes or procures to be transmitted to, or presented at, any office or officer of the Government of the United States, any deed, power of attorney, order, certificate, receipt, or other writing, in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited, shall be imprisoned at hard labor for a period of not less than one year nor more than ten years; or shall be imprisoned not more than five years, and fined not more than one thousand dollars.

Having forged

SEC. 5422. Every person who, knowingly and with intent to defraud the United States, has in his possession any false, altered, forged, or papers in possescounterfeited deed, power of attorney, order, certificate, receipt, or other sion. writing, for the purpose of enabling another to obtain from the United States, or any of their officers or agents, any sum of money, shall be fined and imprisoned at the discretion of the court.

False persona

SEC. 5435. Every person who falsely personates any true and lawful holder of any share or sum in the public stocks or debt of the United tion of holder of States, or any person entitled to any annuity, dividend, pension, prize- public stocks. money, wages, or other debt due from the United States, and, under color of such false personation, transfers or endeavors to transfer such public stock or any part thereof, or receives or endeavors to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, prizemoney, wages, or other debt, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years.

False demand

SEC. 5436. Every person who knowingly or fraudulently demands or endeavors to obtain any share or sum in the public stocks of the United on fraudulent States, or to have any part thereof transferred, assigned, sold, or con- power of attor veyed, or to have any annuity, dividend, pension, prize-money, wages, ney. or other debt due from the United States, or any part thereof, received or paid by virtue of any false, forged, or counterfeited power of attorney, authority, or instrument, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years.

SEC. 5438. Every person who makes or causes to be made, or presents Making or preor causes to be presented, for payment or approval, to or by any person sen tin g false claims. or officer in the civil, military, or naval service of the United States, any claim upon or against the Government of the United States, or any department or officer thereof, knowing such claim to be false, fictitious, or fraudulent, or who, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, makes, uses, or causes to be made or used, any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry, or who enters into any agreement, combination, or conspiracy to defraud the Government of the United