The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-19

Sec &C. And be it further enacted That upon The ap-
consular :. Ssss !. snsa
his schss under any act OF Congress or according to
the general principles Or as.ges Of maritina law asrs
feaman or nariner, and shall require nom the master
or commander Of the ship vessel from which such
extra wsges, provided by he act herenbefore
toned, approved February twenty eight eighteen hun
bred sud three and i. shall be the duty Of such master
commander TO pay e same and no such pay ment or
any part thereof shall be remsd IN shy case, except
mentioned in the provso Of the ninth clause
Of the act entitled IAN act addition TO the several acts
regulapg the shipment aod discharge of seamen aud the
duties OF consuls approved july twenseth eighteen
s Tasss to be paid BY the said ninth clause
Of tho asS ercmbefore mentioned act and by this sec
on, shall Be applicable to the same purposes and the
same manner s directed by the said act approved
February twenty eight eighteen hundred and three IN
regard 70 he extra wages required 70 % PAID hefeDy
mariner shall neglect 70 require the payment OF
and collect the extra wages required 20 DO pad 10 me
either Of he said acts, as far Is they shall remain IN
force under this act by this act he shall be account
able to the United States for the fun amount OF
man or mariner TO the full amount OF his share
thereof any seaman or mariner shall after bis dis
CHARGE any for board other ne
cesrsres at the port place his discharge before ship
prg again. shall be paid snare othe
three mo iths' wages which he sha be entitled. which
sha be retained for that purpose and the balance only
paid TO him. Provided nhowever THAT in cases OF
wrecked stranded ships or vessels or ships or vessels
wages shall be required.
Sec ~. And be it further esacted That every consus
officer shall keep detailed Lat of all scamen and mari
shipped and discharged by him. specifying their
names and the names the vessels and from which
they shall be shI and discharged and the payments
any made on account of each discharged, and also
Of the number of the vessels arrived and departed and
the amounts ther registered TONNAGE and the number
their seamen and mariners and of those who are
tected and whether citizens Of the United States or not
and nearly possible the nature and value OF their
careoes and where Produced and make returns OF the
same with and other returns, TO the Sec
rotary OF the Treasury and no consular officer shall Ger
y any invoice unless he shall be satisfied that the per-
son making the oath or affirmation thereto the person he
represents himself to be- that he is credible person
ana that the statements made under ouch oath or rma
ton are rue and he shall tbereupon by his certificate
state that be satisfied and shall be the duty
every consular officer TO furnish to the Secretary OF the
rent all articles OF merchandise usually exported t. the
United States from the port or place in which he Shall be
located.
Sec 2s AMI be il further enacted That il shall be
duty OF every master and commander Of ship vessel
Of the United States whenever be shall have occasion for
any consular other official service, which any consu
lar officer the United States shall be authorized by law
usage officially 10 perform and for which any fees
aforesaid to apply to such the said officers may
then be officially located at the consulate commcrci
agency II any there be where such service shall be re
CURED perform such service and such master or
mander shall psy to such officer such fees as shall be al
lowed for such service pursuance Of the provisions
this act; and If any such muster or commander shall
omit so 10 do he shall be liable TO the United States for
the OF the fees lawfully chargeable for such
though services nau Deen performed Dy
such officer And ali consular officers are hereby autho
rzed and required to retain IN their possession all the
papers tuch ships and vessels which shalt be deposited
with them directed by law, u payment shall De made
OF all fees and seamens wages due on account oil SUCH
chips and vessels.
Sec 2o And be il further enacted, That II any
citizen Of the United states who shall die abroad
than, by any lawful testamentary Disposition leave
directions for the ,s custody and
shah die, Of the personal property Of which he shall
die possessed in such country, contemplated by the
pus," approved April IA, 17s2 IL shall be the duty
such officer far the law Of such country win per
citizen SO dying shall by any lawful stamentary dispo
sop have appointed any other person persons than
such officer to take charge Of and manage such property
shall be the duty Of such officer whenever required by
such person persons so appointed 10 give bis official
aid in whatever way may be necessary TO facilitate the
proceedings Of such person or persons IN the lawful exc
cuton Of such trust and far the laws CT the
try permit 10 protect the property OF the deceased from
any interference Of the local authorities the country
where such ciizt shall die this end shall be
the duty OF such Consular officer TO place his official sea
rfon all any of the personal property effects OF the
decea cd and TO break and such seal may b.
required by such person persons and not otherwise.
Sec 90 And be further enacted, That all fees collect
for ard behalf the United States, in pursuance
this act shall he collected In the coin OF the Uated States
or In its representative value in exchange.
Sec 81 md belt further enacted, That in the consruc
ten and for the purposes OF other acts and parts OF
which sha remain In force after this act shall take effect
cttnrg any the powers declaring any OF the rights PFC
sGibng any CT the dutes or imposing any penalty
uIkhmtIt tor any act OF omiss commission Of
consul commercial agent, vice consul or vice CONNER
cia agent allowing enjolning the performance 81
my act matter thing with before any such officer
all such Gets aud rart q acts sha in all these several
respects 50 far as may be consistent with the subj sc
matter ard OF Tie and with this and the
treaties Of the United States be deemed aud taken TO IN
clutc and apply TO all consular officers as though all suc
f6crs specially named therein and the said Oft
cia designSuons in contemplation OF all such acts an
parts Of acts ard Of this act shall be deemed and taken
,hem-,bat i 70 say. Consul General" Consul" AMI
"Ctmmcrcia agent" shall be deemed and taken to de
note iui prtcpa and permanent Consular officers"
stnguishcd from subordna'cs and substitutes; " De
putty Consul y and Consular agent shall be deemed
and taken 10 denote Consular officers y subordinate to
such principals exercising the powers aud performing
the duties within the limits Of their consuates or com
mcrca agencies respectively, the former at the same
ports places and the latter at ports places different
IRON those al which such principals are located re-
sreeiively; ard ''vcc consusn and "vice commeruei
agents shal deemed and taken TO denote "consulA
cheers who shall be substituted Temporarily TO nl the
agents. when they shall be temporary. absent or
uftd in this act shall be deemed and taken include all
such scers as are mentioned 10 this section, and none
others; and the term diplomatic officer as used In tai
act ~ all be deemed and taken 10 include all the officer
mentioned in the rst section OF this act and Others
Fee. o. And be further enacted, That any consular
see a ,ra ws negfe, of b om Perform seasonso
by any order instruction made given In pursuance
OF TINS or any other act or shall be guilty Of any wi
his tcc, he shall be liable 70 all persons injured by
any ouch neg iect OMISSION mafcasance abuse
damages oCcNione1
all such damages BY any such officer be, and hts surees
upon lis official bond shall be esponsibe ihereep
fe amount Of the penalty thereof 10 be sued IN the
CT the United States the OF the person
Injured Provided That ouch suit shall pre-
juice, but shall be held In entire subordnaon 10 the
interests claims and demands OF the United States
against such officer, under such bond, for every wiu
act or maicasance corrupt conduct in hi ece and
any sucn officer shall refuse 10 pay any draft order
warrant which may be drawn upon him by the proper
officer OF the Treasury Department for any public money
Of the United states 10 big hands Or for any amount drs
from him 10 the United sstes, whatever the capacity
which be may have received may hold the same or
transfer dsburse any such moneys promptly upon the
legal requirement OF any authorized officer OF the Unit
States he shall be deemed and taken 10 be guilty OF
mdemeanor AMI conviction thereof shall be punished
by imprisonment N exceed years nor less thar
year by tine not 20 exceed two thousand dolls
less than two hundred dollars both at the dcre
ton OF the court; and any such officer Offending may
be charged proceeded against tried convicted and jea
with m any district in which he may he arrested OF
custody.
Sec 80 And be II further enacted That the nfth SIKH
and seventh sections OF the htreinbe'orc mentioned
mend fufv fstsfh aiu end rrtt