The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-09-27


appointment be shall bond with two suretie in
sum of not less than thousand than ten
thousand dollars for the faithful discharge OF every duty
relating 10 his office which bond shall lee satisfactory 10
the United States district attorney for the district which
the appointed resides and be transmitted to the Sec
rotary of State for his approval II the consul Is not IN
the United States at the time he is commissioned
as he appzed of the fact he shall sign and transmit by
the most expeditions conveyance bond like the Aforesaid
which shall afterwards be undersigned by two suretes
who are permanent residents OF the United States and a
proyed by the State Department Where there United
States legation in country TO when consul snail De APP
pointed application shall be made through it to the gov
eminent for an exeauatur but where there is the
plicaton shall be made direct to the proper department
SIC ~ And be further enacted That it shall be the
duty of consus and commercial agents to charge the o
lowing fees for performing the services speced for when
they shall account to the government at the expiration OF
every three months and hold the proceeds subject to its
drafts
For receiving and delivering ships papers, half cent
every ton registered measurement OF the vessel for which
the service is performed
For every seaman who may be discharged shipped at
the consulate commercial agency or IN the port I'D
which they located dollar; which shall be paid by
the master of the vessel
For every other certificate except passportthe signing
and verfcation of which shall be free-two dollars.
SEC - And be further enacted That in capitals where
legation of the United States is established consus and
commercial agents shall only be permitted TO grant ana
verify passports IN the absence OF the united states uP
matte representative , =,
SEC a. further enacted That no commission shall
future be charged by consus or commercial agents lot
receiving or dsbursng the wages extra wages TO winch
seaen may be entitled who discharged by the masters
of vessels foreign countries for moneys advanced TO
such may be found in distress seeking eiief IRON e
consulate commercial agency nor shall any consul or
commercial agent be directly indirectly interested IN
any profits derived from clothing, boarding, or sending
home such seamen.
SEC a. ind be IL further enacted That no consul
mercia agent of the United States shall discharge any
mariner being citizen of the United States in foreign
port without requiring the payment OF the TWO monts
wages to which said mariner is entitled under the provs-
ions of the of February wentyeght eighteen hundred
and three unless upon due investigation into the circu
stances under which the master and mariner have jointly
applied for such discharge and private examination
of such mariner by the consul commercial agent sepa-
rate and apart all officers of the vessel the consul or
commercial agent shall be satisfied that is for the interest
and welfare of such mariner to be so discharged nor
shall consul commercial agent discharge any mari
ner as aforesaid without requiring the full amount of three
months wages provided by the abovenamed act unless
under such circumstances as w in his Judgment secure
the United States from adj liability to expense on ae-
count Of such mariner Propded That in the cases of
stranded vessels vessels condemned unit for service
no payment of extra wages shall be required And where
any mariner after his discharge, shall have incurred ex
pense the port of discharge before shipping again. such
expense shall be paid ont of the months wages aforesaid
and the balance only delivered to him.
SEC l6 And be further enacted That every consul and
agent of the United States shall keepa detailed
list of all mariners discharged by them respectively speci-
flying their names and the of the vessels from which
they were discharged and the payments if any afterwards
made Of EACH and shall make official returns
of said lists half-yeary to the Treasury Department
SEC ~ And be further enacted That every consul and
commercial agent of the United States shall make Off
cia entry Of every discharge which they may grant re-
specyey on the list of the and shipping articles OF
the vessel from which such discharge shall be made spec
flying the payment if any which has been required in each
case; and if they shall have RENTED the payment OF
the two months wages to which the mariner is enti-
tied they shall also certify said shipping list and
articles that they have allowed the REMISSION upon the
joint application of the master and mariner therefor
after a separate examination of the mariner after
due investigation of all the crcums stances and after
being satisfied that the discharge allowed without said
payment is for the interest and welfare OF the mariner
and if they shall have RENTED the payment OF the one
months wages which the United States entitled they
shall certify that they have allowed the remission, after
due investigation of all the circumstances and after being
satisfied that they such WILL in their Judgment
the United States from all liability TO expense on ac-
of such mariner and copy of oil such entries and
certificates shall be annually transmitted to the Treasury
Department by the proper officers OF the customs in the
| several ports of the United States
SEC 49, And Be further enacted That if any consul or
commercial agent of the United States upon dschargng
mariner without requiring the payment of the months
wages which the United States entitled shall neglect
to certify in the required in such case by e pre-
cedng section of this act he shall be accountable to the
Treasury Department for the sum SO RENTED. And IN
any action brought by mariner to recover the extra
wages which he is entitled under the act OF February
twenty-eghth eighteen hundred and three the defence
that the payment of such wages duly RENTED shall
not sustained without the production of the certificate
in such required by this act when its nonproduc-
ton is accounted for 10y c production of certified copy
thereof and the truth OF the facts certified to- and the pro-
priety Of the remission shall be still open 70 investigation
SEC 49, 4ndbs further enacted That it, upon the APP
pcaop Of any mariner It shall appear to the consul or
commercial agent that he entitled 70 hs discharge under
any of Congress- according to the general principles
of the maritime law recognised w the Uned States nc
shall discharge such mariner and shall require OF the mas
ter payment Of three months wages as provided ia the
net February eighteen hundred and three
and shall remit the nor part thereof except
in tine CAGES mentioned in the provso of the ninth clause of
the first section Of the act of July twentieth eighteen hum
bred and forty to the following effect III the consul or
other commercial agent shall be satisfied the contract has
expired the voyage been protractea Dy circumstances
on bis part TO yolse the articles of Shipment then he may
if he deems it just discharge the mariner without exact
ing the three months additional pay"
SEC 20. And be tuythr eaacted, That every consul
and commercial agent for any neglect TO perform the GU
ties enjoned upon him by this act shall be liable TO any
any violation of the provisions of the fifteenth and niue
teenh sections Of this act shall also be liable to ndct-
ment and to penalty, in the manner provided by the
eighteenth clause of the first section of the act Of July
twentieth, eighteen hundred and forty.
SEC a. Andb fgthey enacted That the act Of April
fourteenth seventeen hundred and pne.ytwo concerning
consns &c, is hereby amended that II any American
citizen dying abroad SHALL by will any other writing,
leave special directions for the management and settlement
by the consul of the pesopa other property which he
may die possessed of in the country where he may die it
shall be the duty Of the consul where the laws of the
try permit strictly TO observe the directions given by
the deceased Or such citizen dying SHALL by win
any other writing have appointed any other person than
the consul take charge and settle his affairs In that
Il shall be the duty Of the consul when aud often
quired by the so-appontsd agent trustee Of the de-
ceased TO give his Official aid IL whatever way may be
agent and where the laws Of the counry permit 80 pro-
tec the property If the deceased from any interference of
the local authorities of the country in which he may have
died and TO this end, it shall ais9 ha the duty of the
i I'll a