Squatter sovereign. [volume] (Atchison, Kan. Terr.) 1855-1858, 1855-05-01

amount of three months wages, as provided
by the above-named act, unless under such cir
United States from all liability to expense on
account oessuch mariner: Provided, that in the
case of stranded vessels, or vessels condemned
as unfit for service, no payment OF extra wages
shall be required; and where any mariner, af-
ter his discharge, shall have. incurred expense
at the port Of discharge before shipping again.
such expense shall be paid out OF the two
months wages aforesaid, and the balance only
delivered to him
SEC. 10. And be 1t further enacted, That ev-
cry consul and commercial agent of the United
States shall keep detailed list OF all mariners
discharged by them, respectively, specifying
their names and the names of the vessels from
; which they were discharged, and the payments,
IL any, afterwards made on account of each,
and shall make official returns of said lists
haH-yeariy to the Treasury Department.
SEC. II. And be it further enacted, That ev-
cry consul and commercial agent of the United
States shall make official entry Of every dis
charge which they may grant, respectively, on
the list of the crew and shipping articles OF
the vessel from which such discharge shall be
made, specifying 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 entitled,
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 seperate examination
or the mariner, after due examination Of all
the circumstances, and after being satisfied that
the discharge SO allowed is for the interest of
the mariner, and if they shall have RENTED
the payment of the one months wages to which
the United States is entitled, they shall certify
that they have allowed the remission after a
due investigation OF all the circumstances, and
after being satisfied that they are such as will,
In their Judgment, secure the United States
from all liability to expense on account of such
mariner; and copy of all 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.
Skc. IS. And be it further enacted, That if
any consul or commercial agent of the United
States, upon discharging mariner without re-
curing the payment of the one months wages
to which the United States is entitled, shall ne
gieet to certify in the manner required in such
ease By the preceding section Of this act, he
shall be accountable to the Treasury Depart
ment for the sum SO RENTED. And in any ac-
ton brought by mariner to recover the extra
wages to which he Is entitled under the act of
February twenty-eight, eighteen hundred and
three, the defence that the payment of such
wages was duly RENTED shall not be sustained
without the production of the certificate in such
case required by this act, or, when its non-p
auction is accounted for, by the production of
certified copy thereof, and the truth of the
facts certified to, and the propriety of the re-
mission, shall be still open to investigation.
SEC. ~. And be it further enacted, That If.
upon the application Of any mariner, it shall
appear to the consul or commercial agent that
ne Is entitled to his discharge under any act of
congress, or according to the general principles
OF the maratine law as recognised in the United
states, he shall discharge such mariner, and
shall require of the master the payment of three
months wages, as provided in the act of Feb
ruary tWenty-eight, eighteen hundred and three,
and shall not remit the same, or any part there
or, except in the cases mentioned in the proviso
OF the ninth clause of the first section of the
act OF July twentieth, eighteen hundred and
forty, to the following effect: " If the consul
or other commercial agent shall be satisfied the
contract has expired, or the voyage been pro-
tracted by circumstances beyond the control of
the master, and without any design on his part
to violate the articles of shipment, then he may,
IL he deems it just, discharge the mariner with
out exacting the three months additional pay.
SEC 20. And be it further enacted, That ev-
cry consul or commercial agent, for any neglect
to perform the duties enjoined upon him by this
act, shall be liable to any injured person for all
s damage occasioned thereby and, for any vio-
lation of the provisions of the fifteenth and
nineteenth sections of this act shall also be Ii
able to indictment. and to penalty, in the
ner provided by the eighteenth clause of the
first section Of the act of July twentieth, eight
cen hundred and forty.
SEC. 81. And be it further enacted, That the
act OF April 14th, seventeen hundred and nine
ty-two, concerning consuls. &c., is hereby so
amended that if any American citizen dying
abroad shall, by will or any other writing,
leave special directions for the management and
settlement by the consul of the personal or 9TH
er property which he may die possessed of in
the country where he may die, it shall be the
duty Of the corsul, where the laws of the coun-
try permit, strictly to observe the directions SO
given by the deceased. Or, if such citizen so
dying shall, by will or any other writing, have
appointed any other person than the consul to
take charge of and settle his affairs, in that
case 1t shall be the duty of the consul, when
and SO often as required by the so appointed
agent or trustee of the deceased, to give his Of
fetal aid in whatever way may be necessary to
facilitate the operations OF such trustee or
agent, and, where the laws Of the country will
permit, to protect the property of the deceased
from any interference of the local authorities
of the country in which he may have died and
to this end it shall also be the duty OF the con-
sul T. place his official seal on all or any por-
lions of the property of the deceased as may be
required by the said agent or trustee, and to
break and remove the same seal when required
by the said agent or trustee, and net otherwise
he, the said consul or commercial agent, reeeiv
Ing therefor two dollars for each. seal, which,
like all other fees for consular service, includ-
ing all charges for extension of protest, as also
such commissions as are allowed by existing
laws on settlement of estates of American citi-
zens By consals and commercial agents, shall
he reported to the Treasury Department, and
held subject TO its order.
SEC. -. And be it further enacted, That the
following record books shall be provided for
and kept In the consulate and commercial agen-
.cy: Aletter- book, into which shall be copied.
in the English language, all official letters and
notes in the order of their dates. which are
written by the consul or commercial agent; a
book for the entry of protests, and in which all
other official consular acts likewise shall be re-
corded; and at seaports, book wherein shall
be recorded the list of crew, and the age, ton
mage, owner or owners. name and place to which
she belongs, of every American vessel which
arrives. Consuls and commercial agents shall
make quarterly returns to their government.
specifying the amount Of fees received, the
number Of vessels, and the amount of their ton
mage, which have arrived aud departed; the
number of seamen, and what portion of them
are protected; and as nearly as possible, the
nature and value of their cargoes, and where
produced.
SEC. %. And be 1t further enacted, That as
soon as a consul or commercial agent shall have
received his exeqeater, or been PROFESSIONALLY
recognised, he shall apply to his predecessor