Direct signals. Immediate danger. Negligence. Fines. Authority to tions. nify her willingness that the steam vessel astern shall pass, when the steam vessel astern may pass, subject, however, to the other rules applicable to such a situation. And when steam vessels proceeding in opposite directions are about to meet in such channels, both such vessels shall be slowed down to a moderate speed, according to the circumstances. RULE 26. If the pilot of a steam vessel to which a passing signal is sounded deems it unsafe to accept and assent to said signal, he shall not sound a cross signal; but in that case, and in every case where the pilot of one steamer fails to understand the course or intention of an approaching steamer, whether from signals being given or answered erroneously, or from other causes, the pilot of such steamer so receiving the first passing signal, or the pilot so in doubt, shall sound several short and rapid blasts of the whistle; and if the vessels shall have approached within half a mile of each other both shall reduce their speed to bare steerageway, and, if necessary, stop and reverse. RULE 27. In obeying and construing these rules due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. RULE 28. Nothing in these rules shall exonerate any vessel, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of a neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. SEC. 2. That a fine, not exceeding two hundred dollars, may be imposed for the violation of any of the provisions of this Act. The vessel shall be liable for the said penalty, and may be seized and proceeded against, by way of libel, in the district court of the United States for any district within which such vessel may be found. SEC. 3. That the Secretary of the Treasury of the United make regula States shall have authority to establish all necessary regulations, not inconsistent with the provisions of this Act, required to carry the same into effect. Repeal of rules. The Board of Supervising Inspectors of the United States shall have authority to establish such regulations to be observed by all steam vessels in passing each other, not inconsistent with the provisions of this Act, as they shall from time to time deem necessary; and all regulations adopted by the said Board of Supervising Inspectors under the authority of this Act, when approved by the Secretary of the Treasury, shall have the force of law. Two printed copies of any such regulations for passing, signed by them, shall be furnished to each steam vessel, and shall at all times be kept posted up in conspicuous places on board. SEC. 4. That all laws or parts of laws, so far as applicable to the navigation of the Great Lakes and their connecting and tributary waters as far east as Montreal, inconsistent with the foregoing rules are hereby repealed. SEC. 5. That this Act shall take effect on and after March first, eighteen hundred and ninety-five. Consular pow. Feb. 20, 1845, s. SEC. 1433. The commanding officer of any fleet, squad- Title 15, chap. 2. ron, or vessel acting singly, when upon the high seas or in any foreign port where there is no resident consul of the ers. United States, shall be authorized to exercise all the pow- 2, v. 5, p. 725. ers of a consul in relation to mariners of the United States. SEC. 1440. If any officer of the Navy accepts or holds Accepting ap pointments in an appointment in the diplomatic or consular service of diplomatic serv the Government, he shall be considered as having resigned iceMar. 30, 1868, s. his place in the Navy, and it shall be filled as a vacancy. 2, v. 15, p. 58. SEC. 1674. The official designations employed through- Title 18, chap. 1. out this Title shall be deemed to have the following mean- Definition of ings, respectively: official designations employed Aug. 18, 1856, s. First. "Consul-general," "consul," and "commercial in this title. agent," shall be deemed to denote full, principal, and per-1, v. 11, p. 64; manent consular officers, as distinguished from subordinates and substitutes. June 20, 1864, 8. 1, v. 13, p. 138; July 25, 1866, v. Second. "Deputy consul" and "consular agent" shall 14, p. 225. be deemed to denote consular officers subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively. Third. "Vice-consuls," and "vice commercial agents," shall be deemed to denote consular officers, who shall be substituted, temporarily, to fill the places of consuls-general, consuls, or commercial agents, when they shall be temporarily absent or relieved from duty. Fourth. "Consular officer" shall be deemed to include consuls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial agents, and consular agents, and none others. Fifth. "Diplomatic officer" shall be deemed to include ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, chargés d'affaires, agents, and secretaries of legation, and none others. [By section 4130 R. S. as amended, the word "minister" is understood to mean the person invested with, and Title 18, chap. 2. 2, v. 1, p. 255. exercising the principal diplomatic functions. The word "consul" is understood to mean any person invested by the United States with, and exercising the functions of Consul-General, Vice-Consul-General, Consul or Vice Consul.] SEC. 1707. Consuls and vice-consuls shall have the right, in the ports or places to which they are severally appointed, Apr. 14, 1792, 8. of receiving the protests or declarations which captains, masters, crews, passengers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizen of the United States. Copies of such acts duly authenticated by consuls or vice-consuls, under the seal of their consulates, respectively, shall be received in evidence equally with their originals in all courts in the United States. Lists and returns of seamen, vessels, etc. 4580, under Merchant Service. SEC. 1708. Every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by Aug 18, 1856, 8. him, specifying their names and the names of the vessels 27, v. 11, p. 62. See secs. 4561, on which they are shipped and from which they are discharged, and the payments, if any, made on account of each so discharged; also of the number of the vessels arrived and departed, the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and other returns, to the Secretary of the Treasury. Estates of decedents. SEC. 1709. It shall be the duty of consuls and vice-consuls, Apr. 14, 1792, s. where the laws of the country permit: 2, v. 1, p. 255. Notification of death. Idem. First. To take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any vessel, who shall die within their consulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects. Second. To inventory the same with the assistance of two merchants of the United States, or, for want of them, of any others at their choice. Third. To collect the debts due the deceased in the country where he died, and pay the debts due from his estate which he shall have there contracted. Fourth. To sell at auction, after reasonable public notice, such part of the estate as shall be of a perishable nature, and such further part, if any, as shall be necessary, for the payment of his debts, and, at the expiration of one year, from his decease, the residue. Fifth. To transmit the balance of the estate to the Treas ury of the United States, to be holden in trust for the legal claimant; except that if at any time before such transmission the legal representative of the deceased shall appear and demand his effects in their hands they shall deliver them up, being paid their fees, and shall cease their proceedings. SEC. 1710. For the information of the representative of the deceased, the consul or vice-consul, in the settlement of his estate, shall immediately notify his death in one of the gazettes published in the consulate, and also to the Secretary of State, that the same may be notified in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the effects of the deceased, taken as before directed. rections to be fol Aug. 18, 1856, 8. 28, v. 11, p. 63. SEC. 1711. When any citizen of the United States, dying Decedent's diabroad, leaves, by any lawful testamentary disposition, lowed. special directions for the custody and management, by the consular officer of the port or place where he dies, of the personal property of which he dies possessed in such country, such officer shall, so far as the laws of the country permit, strictly observe such directions. When any such citizen so dying, appoints, by any lawful testamentary disposition, any other person than such officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so appointed, to give his official aid in whatever way may be necessary to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as 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 dies; and to this end it shall be the duty of such consular officer to place his official seal upon all of the personal property or effects of the deceased, and to break and remove such seal as may be required by such person, and not otherwise. False certifi cate of property. SEC. 1737. If any consul, vice-consul, commercial agent, or vice-commercial agent falsely and knowingly certifies Feb. 28, 1803, s. that property belonging to foreigners is property belonging 7, v. 2, p. 204. to citizens of the United States, he shall be punishable by imprisonment for not more than three years and by a fine of not more than ten thousand dollars. When consular functions. SEC. 1738. No consular officer shall exercise diplomatic officers may perfunctions, or hold any diplomatic correspondence or rela- form diplomatic tion on the part of the United States, in, with, or to the Aug. 18, 1856, s. Government or country to which he is appointed, or any 12. v. Î1, p. 56. other country or Government, when there is in such coun- under Treason. try any officer of the United States authorized to perform diplomatic functions therein; nor in any case, unless expressly authorized by the President so to do. See sec. 5335, SEC. 1750. Every Secretary of legation and consular offi- Title 18, chap. 3. cer is hereby authorized, whenever he is required or deems Depositions. it necessary or proper so to do, at the post, port, place, or within the limits of his legation, consulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before jury in such cases. any other person within the United States duly authorized Penalty for per and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed Evidence of by any such act for such offense; and any document purtaking the oath. porting to have affixed, impressed, or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being Penalty for genuine or of the official character of such person; and if forging certifi care of oath. any person shall forge any such seal or signature, or shall Aug. 18, 1856, 8. tender in evidence any such document with a false or coun24. v. 11, p. 61. See secs. 5392, terfeit seal or signature thereto, knowing the same to be 5393, Perjury. false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be impris oned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, therefor, in the district where he may be arrested or in custody. Certain corre. spondence by offi 59. 1874. SEC. 1751. No diplomatic or consular officer shall correcers prohibited. spond in regard to the public affairs of any foreign GovIbid., s. 19, P. ernment with any private person, newspaper, or other See June 17, periodical, or otherwise than with the proper officers of the United States, nor recommend any person, at home or abroad, for any employment of trust or profit under the Government of the country in which he is located; nor ask nor accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind, from any such Government. June 17, 1874. bidden. employment or Nor shall any diplomatic or consular officer correspond in Certain corre- regard to the public affairs of any foreign Government with spondence for any private person, newspaper, or other periodical, or otherNot to recom- Wise than with the proper officers of the United States; mend persons for nor without the consent of the Secretary of State previously accept titles or obtained, recommend any person at home or abroad for any June 17, 1874, employment or trust or profit under the Government of the v. 18, p. 77. country in which he is located; nor ask or accept for himpresents, and self or any other person, any present, emolument, pecuniary contributions, favor, office, or title of any kind from any such Government. presents See Bribes, Division IV. |