Kansas weekly herald. [volume] (Leavenworth, Kan. Territory [Kan.]) 1854-1858, 1855-07-07

i
which they were discharged, and the payments,
if any, afterwards made on account Of each, and
shall make official returns of said lists haf-year-
| ly to the Treasury Department. -
Sec. IL. And be it further enacted, That eve
| ry consul and commercial agent OF the United
States shall make an 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
remitted the payment of the two months wages
to which the mariner is entitled, they shall also
| certify on said shipping list and articles that
| they have allowed the remission, upon the joint
application Of the master and mariner therefor,
| after separate examination of the mariner, af-
ter due investigation, of all the circumstances
and after being satisfied that the discharges so al
lowed, without said payment, is for the interest
and welfare Of the mariner and If they shall
have remitted the payment Of the one months
wages to which the United States is entitled,
they shall certify that they have allowed the re-
mission, after due investigation of all the ciI-
cumstances, and sitter being satisfied that they
are such as will in their Judgment, secure the
account of such mariner; and copy of all such
entries and certificates shall be annually trans
mitted to the Treasury Department by the prop
er officers of the customs in the several ports Of
the Unitsd States.
| SEC. 18. And be it further enacted, That if
any consul or commercial agent of the United
| States, upon discharging mariner without re-
quiring the payment of the one months wages,
to which the United States is entitled, shall
| neglect to certify in the manner required in
such case by the preceding section of this act,
| he shall be accountable to the Ire asury Depart
ment for the sum so remitted. And in any ac-
| ton brought by mariner to recover the extra
wages to which he is entitled under the act of
February twenty eighth, eighteen hundred and
| three, the defence that the payment Of such wa
ges was duly remitte6 shall not be sustained
without the production of the certificate in such
case, required by this act, or, when its non-pro-
duction is accounted for, by the production Of
certified copy thereof; and the truth of the facts
certified to, and the propriety Of the remission,
shall be still open to Investigation.
| SEC. 10. And be it further enacted That if,
upon the application of any mariner, it shall
appear to the consul or commercial agent that
he is entitled to his discharge under any act
of Congress, or according to the general princi-
| pies of the maritime law as recognized 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
February twenty-eighth, eighteen hundred and
| three, and shall not remit the same, or any part
thereof, 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
other commercial agent shall be satisfied the
contract has expired, or the voyage been pro-
| tracted by circumstances beyond the control of
Il1e master, anu W1tUOuE any QeS1Sn on his part
| to violate the articles of shipment, then he may
if he deems it just, discharge the mariner with
out eXacting the three months additional pay.o
SEC. 90. And be it further enacted, That eve
ry consul and commercial agent, for any neglect
to perform the duties enjoined upon him by this
act, shall be liable to any injured person for all
damages occasioned thereby; and, for any vio-
lation of the provisions of the fifteenth and
nineteenth sections of this act, shall also be liza
ble to indictment, and to penalty in the man
ner provided by the eighteenth clause Of the
first section of the act of July twentieth, eigh-
teen hundred and forty. -ttt-i<:-
Sec. 81. And be it further enacted, That the
act of April fourteenth, seventeen hundred and
so amended that if any American citizen dying
abroad shall, by will any other writing, leave
special directions for the management and settle
ment by the consul of personal OF other proper
where he may die, it shall be the duty of the
consul, where the laws of the country permit,
strictly to observe the directions 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 it shall be the
duty of the consul, when, and so often as re-
qu1red by the so-appointed agent or trustee Of
the deceased, to give his Official aid in whatever
way may be necessary to facilitate the opera
laws of the country permit, to protect the prop
erty 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 consul to place his Official seal all
or any portions 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 re;
qulred by the agent or trustee, andnot otherwise
he, the said consul or commercial agent, receiv-
ing therefor two dollars for each seal, which,
like all other fees for consular service including
all chare for extension Of protest, also such
commissions as are allowed by existing laws on
| settlement OF estates Of American citizens by
consuls and commercial agents, shall be report
| ed to the Treasury Department, and held subject
| to its order.
Sec %. And be it further enacted, That the
following recordsbooks shall be provided for and
Kept IN each consulate and commercial agency:
A letter-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; book for
the entry OF protests, and in which all other OFF,
clal consular acts likewise shall be recorded
and at seaports, book wherein shall be record
ed the list of crew, and the age, tonnage, owner
or owners, name and place to which she belongs,
of every American vessel which arrives. Con-
suls 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 tonnage, which have ar
rived and departed the number of seamen, and
what portion of them are protected and, as
nearly as possible, the nature and value Of their
cargoes, aud where produced.
SEC. %. And be it further enacted, That as
sooR as consul or commercial agent shall have
received his exaquator, or been Professionally
recognized, he shall apply to his predecessor
for the archives of the consulate or commercial
agency, and make an inventory Of the papers,
ana such other articles as they may contain, for
which ne shall pass receipt and transmit copy
thereof to the s tate Department
SEC. "A. And be it further enacted, That the
secretary OF State be, and he is hereby, author
lied to prescribe such additional Far
the keeping of the consular books and records.
and lnsuring proper returns, as the public inter-
est may require.
SEC; 25. -and be it further enacted, That the