, 1857-01-02
LAWS OF THE UNITED STATES.

[PUBLIc 59l
AN ACT 10 regulate the diplomatic and consular sys
tens Of the United States,

mi
titled to his discharge according to the general prn
ciples or usages of maratme law, recognized IN he
United States he shall discharge such seaman OF mar
inef and shall require from the master OF yolaiueI n
of the shin or vessel from which such discharge shall
be made, the payment of three months extra wages,
as provided by the act herein before mentioned, aP-
proved February twentyeight, eighteen hundred ana
three and il shall be the duty Of such master or COM
mander TO pav the same, and no such payment or any
mart thereof shall be remtted in any case, except
such as are mentioned in the proviso Of the ninth
clause of the act entitled An act in addition 10 the
several acts regulating the shipment and discharge Of
seamen and the duties Of consuS,n approved July
twentieth eighteen hundsed and forty and as herein
after provided, and the extra wages required 70 pc
paid BY the said ninth clause Of the last heelnbeore
mentioned act and by this section shall he applcahe
t1 the same purposes and in the same manner as i
directed BY the said act approved February twenty
eighth eighteen hundred and three IN regard 10 tue
extra wages required to be paid thereby and II any
consular officer, when dischargng any seaman or
mariner shall neglect to require the payment oil ana
collect the extra wages required TO be PAID IN the case
Of the discharge Of any seaman or mariner ny eher
Of the said acts far they shall remain IN torCe
under this act by this act he shall be accountabe
to the United States for the full amount OF their share
of such wages and to such seaman or mariner to the
full amount of his share thereof and it any seaman
or mariner shall, after his discharge have incurred
any expense for board or other necessarres at the
port or place Of his discharge before shipping again
such expense shall be paid out Of the share OF the
three months wages to which he shall he entitled
which shall be retained for that purpose, and the
balance only paid over to him PTortded h0'rerG't
That In case Of wrecked stranded ships or vessels
or ships or vessels condemned unfit for service no
payment of extra wages shall be required
Sec 27. And be il further enacted, That every con.
suar officer shall keep detailed list Of all seamen and
mariners shipped and discharged by him, specifying
their and the of the vessels on and from
which they shall be discharged, and the payments, If
any made on account OF each 80 discharged and also
OF the number Of the vessels arrived and departed
and the amounts of their registered Tonnage, and the
number Of their seamen and mariners, and OF those
who protected and whether citizens Of the United
States or not and as nearly as possible the nature ana
value Of their cargOes and where produced, and make
returns Of the same, with their accounts and other
returns, to the Secretary Of the Treasury and no
consular officer shall certify any invoice unless he
shall be satisfied that the person making the oath or
affirmation thereto is the person he represents himself
% be, that he is a creditale person. and that the
statements made under such oath or affirmation are
true and he SHALL thereupOn, by his certificate, state
that he satisfied and II shall be the duty Of
every consular officer 10 furnish to the Secretary Of
the Treasury often as shall be required the prices
curront Of al articles Of merchandise usually exported
70 the United States from the port or place in which
he shall be located.
Sec. 2s. Had be 1t further enacted, That it shall
be the duty of every master and commander Of ship
vessel OF the United States whenever he shall have
occasion for any consular or other official service,
which any consular officer Of the United States shall
be authorized by law usage officially to perform,
and for which any fees shall be allowed by the said
rates or tariffs OF fees aforesaid, to apply to such
one Of the said officers may then he officially Oca-
ted Al the consulate or commercial agency, If any
there be where such service shall be required, to per
form such service, and such master or commander
shall pay TO such officer such fees as shall be allowed
for such service, in pursuance of the provisions Of this
act and II any such master or commander shall omit
to do he shall be liable to the United States for the
amount Of the fees lawfully chargeabe for such ser
vices as though the said services had been performed
by such officer and all consular officers are hereby
authorized and required TO retain In their possession
all the papers Of such ships and vessel which shall be
deposited with them as directed by law, till payment
shall be made Of all demands and wages on account
Of such ships and vessels.
Sec. 20. Apd be L further enacted, That Il any
citizen Of the United States who shall die abroad shall
by any lawful testamentary disposition, leave special
directions for the custody and management, by the
consular officer Of the port or place where he shall
die, Of the personal property Of which he shall die
possessed in such country, contemplated by the act
entitled q An act Concerning consus aud yice-con
aulsn approved April fourteenth. seventeen hundred
and ninetytwo i shall be the duty Of such officer 50
far as the law Of such country will permit, strictly Ia
observe such directions and II any such citizen 20
dying shall by any lawful estamentary disposition
have appointed any other person or persons than such
officer 70 take charge Of and manage such property II
shall be the duty Of such officer whenever required by
such person persons so appointed, to give his OH
cial aid In whatever way may be necessary ~ iaci
tate the proceedings Of such person persons In the
lawful execution OF such trust and far the laws
Of the country permit to protect the property OF the
deceased from any Interference Of the local authorities
Of the country where such citizen shall die; and TO
70 place bis Official seal upon all or any Of the personal
property or effects Of the deceased, and to break and
remove such seal as may be required by such person
or persons, and not otherwise.
Sec 80 And BE- IL further enacted That all fees
collected for and In behalf Of the United States, IN
Of this act shall be collected in the coin Of
the United States, OF at its representative value in
sec.sl. IAnd be if further enacted, That in the con
structon and for the purposes Of all other acts and
parts ofacts which shall remain in force after this act
shall take elect defining any Of the powers, declaring
any Of the rights prescribing any Of the duties, OF
imposing any penalty or punishment for any act Of
omlasion OF commission Of any consul commercial
agent vieecOnsu or vice-commercial agent, or allow
ing OF enjoalng The performance q any act matter
or thing with before any such officer all such acts
and parts Of acts shall In all these several respects
far a. may be consistent with the suhjectmattcr and
context Of the and with this act and the treaties
Of the United States be deemed and taken tn include
and apply to all consular officers though all such
officers were specially named therein and the said
Official designations In contemplation Of all such acts
and parts Of acts and Of this act shall be deemed and
taken to have the respective meanings hereinafter
assigned 70 them-that Is TO say, 4" consul general y
consul aud commercial agent" shall be deemed
and taken to denote full. principal, and permanent
consular officers" as distinguished from subOrdi.
mates and s1bstitute3 deputy consul aud consu-
lar AGENT shall be deemed and taken to denote CON
sulpr officers subordinate to such principals exerci-
sing the powers and performing the duties within the
limits Of their consuates or commercial agencies
respectively, the former at the same ports places
and the latter at ports or places different from those
a which such principals are located respectively; and
sviceconsnls" and +" vicecOmmerclal agents shall
be deemed aud taken to denote consular Officers -
who shall be substituted temporarily, To Ill the places
u cOnsuls general" !" consulsn or commercial
agents" when they shall be temporarily absent or re-
heved from duty and the term consular officer as
used in this act shall be deemed and taken 10 Include
all such officers mentioned in this section and
none others and the term diplomatic oiicer7 a.
used In this ac shall be deemed and taken to include
all the officers mentioned in the first section Of this
act, and none others.
Sec 80. And BE- h further enacted, That IL any
consular Odicer shall wllfully neglect or omit to per
form seasonably any duty imposed upon him by this
or any other t. or by any order or instruction made
given In pursuance OF this or any other act or shall
be guilty Of any wfn malfeasanoe or abuse Of power
or any corrupt conduct in his Office, he shall he liable
T. all peraoIs injured by any such neglect or omts
sion. mafeasAnce abuse or corrupt conduct for all
damages OccAsloned thereby and for oil such DANA
ges by any such oeer he, and his suTetes upon his
Ocia bon, shall be responsble thereon 10 the full
amount Of the penalty thereof to be sued In the
OF the United States for the use Of the person per-
sons injured Provided, That ich suit shall in no
case prejudice, but shall be held in entire subordina-
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