Commercial agents. Schedule C. Consuls. Barbary States. - Tangiers, Tripoli, and Tunis, each, three thousand dollars. Brazil. Rio de Janeiro, six thousand dollars. Pernambuco, two thousand dollars. Mexico. Vera Cruz, three thousand five hundred dollars. Acapulco, two thousand dollars. Peru. Callao, three thousand five hundred dollars. Buenos Ayres. Buenos Ayres, two thousand dollars. Aspinwall, two thousand five hundred dollars. Panama, three thousand five hundred dollars. Venezuela. Laguayra, one thousand five hundred dollars. Sandwich Islands. Honolulu, four thousand dollars. Lahaina, three thousand dollars. Nicaragua. -- III. Commercial Agents. San Juan del Norte, two thousand dollars. St. Domingo (Island). — Port-au-Prince, two thousand dollars. St. Domingo (city), one thousand five hundred dollars.. Turkey. Candia and Cyprus, each, one thousand dollars. Portugal. Fayal and Santiago, (Cape de Verdes,) each, seven hundred and fifty dollars. Denmark. Sardinia. Greece. Saint Croix, seven hundred and fifty dollars. - Spezzia, one thousand dollars. Athens, one thousand dollars. Muscat. Zanzibar, one thousand dollars. Brazil. Bahia, Maranham Island, Para, and Rio Grande, each, one thousand dollars. Matamoras, Mexico (city) and Tampico, each, one thousand dollars. Paso del Norte and Tabasco, each, five hundred dollars. New Grenada.- Carthagena and Sabanillo, each, five hundred dollars. Portugal.-St. Paul de Loanda, (Angola,) one thousand dollars. See act of June 20, 1864, ch. 136. Liberia. Monrovia and Gaboon, each, one thousand dollars. St. Domingo (Island). — Cape Haytien, one thousand dollars. Cayes, five hundred dollars. - Amoor River, one thousand dollars. Aux Russia in Asia. SEC. 4. That consuls-general, consuls, and commercial agents, not embraced in schedules B and C, shall be entitled, as compensation for their services, to such fees as they may collect in pursuance of the provisions of this act, respectively. All others to have only their fees. No consul, &c. embraced in ness. Bond to that effect to be given. Penalty for violation. SEC. 5. That no consul-general, consul, or commercial agent, embraced in schedule B, shall, while he holds his office, be interested in or transact schedule B, to any business as a merchant, factor, broker, or other trader, or as a clerk be engaged in or other agent for any such person to, from, or within the port, place, or mercantile busilimits of his consulate, or commercial agency, directly or indirectly, either in his own name, or in the name or through the agency of any other person; and if appointed after this act shall take effect, he shall, in his official bond, stipulate, as a condition thereof, not to violate this prohibition; and if appointed before, and retained in office after this act shall take effect, he shall, within such reasonable time as the President shall prescribe, enter into a new official bond with such stipulation as a condition thereof; and if any such consul-general, consul, or commercial agent, shall violate such prohibition, he shall be liable to a penalty therefor, for the use of the United States, equal in amount to the annual compensation specified for him in said schedule B, which may be recovered in an action of debt at the suit of the United States, either directly for the penalty, as such, against such consul-general, or consul, or commercial agent, or upon his official bond, as liquidated damages, for the breach of such condition against such consul-general, consul, or commercial agent, and his sureties, or any one or more of them; and in every such case all such actions shall be open to the United States for the collection of such penalty till the same shall be collected in some one of such actions; and every such penalty, when collected, shall be paid into the treasury of the United States; and such prohibition shall be applicable to all consuls-general, but not to any consul or commercial agent not embraced in said schedule B, except as hereinafter authorized, unless otherwise expressly provided by law. SEC. 6. That the President be, and is hereby authorized to appoint Interpreters for consuls in three interpreters of the Chinese language, who shall be entitled to comChina. pensation for their services, respectively, at a rate not to exceed fifteen hundred dollars per annum, to be determined by the President, and to assign such interpreters, from time to time, to such consulates in China, and with such duties, as he may think proper. SEC. 7. (Repealed by act of 7 February, 1857, ch. 38, § 2.) When compensation is to commence and cease, SEC. 8. That no person appointed after this act shall take effect, to any such office as is mentioned in the first, second, third, sixth, or seventh sections of this act, shall be entitled to compensation for his services therein, or be suspended. except from the time when he shall reach his post and enter upon his official duties, to the time when he shall cease to hold such office, and for such 1857, ch. 107, § 6. time as shall be actually and necessarily occupied in receiving his instruc- 1858, ch.154, § 20. tions, not to exceed thirty days, and in making the transit between the place of his residence, when appointed, and his post of duty, at the commencement and termination of the period of his official service, for which he shall in all cases be allowed and paid, except as hereinafter mentioned, and no person shall be deemed to hold any such office after his successor shall be appointed and actually enter upon the duties of his office at his post of duty, nor after his official residence at such post shall have terminated if not so relieved; but no such allowance or payment shall be made to any consul-general, consul, or commercial agent, contemplated by the fourth section of this act, or to any vice-consul, vice commercial agent, deputy consul, or consular agent, for the time so occupied in receiving in When a diplomatic officer receives an added appointment to have half the pay of the added office. Pay of secretaries acting as structions, or in such transit as aforesaid; nor shall any such officer, as is referred to in this section, be allowed compensation for the time so occupied in such transit, at the termination of the period of his official service, if he shall have resigned or been recalled therefrom for any malfeasance in his office. SEC. 9. That when to any diplomatic office held by any person there shall be superadded another, such person shall be allowed additional compensation for his services, in such superadded office, at the rate of fifty per centum of the amount allowed by this act for such superadded office, and such superadded office shall be deemed to continue during the time to which it is limited by the terms thereof, and for such time as shall be actually and necessarily occupied in making the transit between the two posts of duty, at the commencement and termination of the period of such superadded office so limited, and no longer. SEC. 10. That for such time as any secretary of legation shall be lawchargé d'affaires. fully authorized to act as chargé d'affaires ad interim at the post to which he shall have been appointed, he shall be entitled to receive compensation at the rate allowed by this act for a chargé d'affaires at such post; but he shall not be entitled to receive, for such time, the compensation allowed for his services as secretary of legation. Pay of consular officers per forming diplo matic functions. When consular functions. SEC. 11. That for such time as any consular officer shall be authorized, pursuant to the provisions of this act, to perform diplomatic functions, in the absence of the regular diplomatic officer in the country to which he shall be appointed, he shall be entitled, in addition to his compensation as such consular officer, to receive compensation for his services while so authorized, at the rate allowed by this act for a secretary of legation in such country. SEC. 12. That no consular officer shall exercise diplomatic functions, officers may ex- or hold any diplomatic correspondence or relation on the part of the ercise diplomatic United States, in, with, or to the government or country to which he shall be appointed, or any other country or government, when there shall be in such country 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. Bonds of con suls, and com SEC. 13. That every consul-general, consul, and commercial agent, suls-general,con- appointed before, and retained in office after this act shall take effect, mercial agents. shall, without unnecessary delay, and every such officer, appointed after this act shall take effect, shall, before he receives his commission or enters upon the duties of his office, enter into a bond to the United States with such sureties, who shall be permanent residents of the United States, as the Secretary of State shall approve, in a penal sum not less than one thousand, nor more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faithful accounting for, paying over, and delivering up of all fees, moneys, goods, effects, books, records, papers, and other property which shall come to his hands, or to the hands of any other person to his use as such consul-general, consul, or commercial agent, under any law now or hereafter enacted and for the true and faithful performance of all other duties now or hereafter lawfully imposed upon him as such consul-general, consul, or commercial agent; and in the cases of consuls-general, consuls, and commercial agents embraced in schedule B, such bond shall contain, by way of further condition, the stipulation required by the fifth section of this act; and all such bonds shall be deposited with the Secretary of the Treasury, and in no case shall the penalty of such bond be less than the annual compensation allowed to the officer entering into such bond; and the President New bond may shall be authorized to require a new or additional bond from any such be required. consul-general, consul, or commercial agent, in like form and in such penalty, within the limits aforesaid, in amount, as he shall prescribe, whenever, in his opinion, the public good shall require it. President may define the limits SEC. 14. That the President be, and he is hereby authorized to define the extent of country to be embraced within any consulate or commercial of consulates, agency, and to provide for the appointment of vice-consuls, vice commer- &c. and appoint cial agents, deputy consuls, and consular agents, therein, in such manner vice-consuls, &c. and under such regulations as he shall deem proper; but no compensation shall be allowed for the services of any such vice-consul, or vice commercial agent, beyond nor except out of the allowance made by this act for the principal consular officer in whose place such appointment shall be lowance of their made; and no vice-consul, vice commercial agent, deputy consul or con- principals. sular agent, shall be appointed otherwise than in such manner and under such regulations as the President shall prescribe, pursuant to the provisions of this act. Their pay to be out of the al Pay of viceconsuls and vice commercial agents. Pay of consu SEC. 15. That every vice-consul and vice commercial agent shall be entitled, as compensation for his services as such, to the whole or so much of the compensation of the principal consular officer, in whose place he shall be appointed, as shall be determined by the President, and the residue, if any, shall be paid to such principal consular officer; and every consular agent shall be entitled, as compensation for his services, to such fees lar agents. as he may collect in pursuance of the provisions of this act, or so much thereof as shall be determined by the President; and the principal officer of the consulate or commercial agency within the limits of which such consular agent shall be appointed, shall be entitled to the residue, if any, in addition to any other compensation allowed him by this act for his services therein; and the President shall have power to subject any consul or commercial agent contemplated by the fourth section of this act, and interdict trade to any consul, &c. any vice-consul, vice commercial agent, deputy consul or consular agent or vice-consul, to the prohibition as to trade contained in the fifth section of this act, and &c. to require from any of them such bond as is provided for by the thirteenth section of this act, whenever he shall think the public interests will be promoted thereby. President may President may establish fees, &c. To report the same annually. SEC. 16. That the President be, and is hereby authorized to prescribe, from time to time, the rates or tariffs of fees to be charged for official services, and to designate what shall be regarded as official services, besides such as are expressly declared by law, in the business of the several legations, consulates, and commercial agencies, and to adapt the same, by such differences as may be necessary or proper, to each legation, consulate, or commercial agency, and such rates or tariffs shall be reported annually to Congress; and it shall be the duty of all officers and persons connected with such legations, consulates, or commercial agencies to collect for such official services such and only such fees as may be prescribed for their respective legations, consulates, and commercial agencies; and it shall be the duty of the collectors of the several districts, whenever any clearance is granted to any ship or vessel of the United States, duly regis- ances a copy of tered as such, and bound on any foreign voyage, to annex thereto, in such tariff. every case, a copy of the rates or tariffs of fees which shall be allowed in pursuance of the provisions of this act, and then in force; and it shall be the duty of all consular officers at all times to keep up in their offices, Consuls, &c. to keep a copy respectively, a copy of such rates or tariffs as shall be in force, in a con- in their offices. spicuous place, and subject to the examination of all persons interested therein. Collectors to annex to clear Penalty for extortion. SEC. 17. That it shall be the duty of all consular officers to give Receipts to be receipts for all fees which shall be collected for their official services given for fees. respectively, expressing the particular services for which the same were collected; and if any such consular officer shall collect, or knowingly allow to be collected for any such service, any other or greater fees than such as shall be allowed pursuant to the provisions of this act for such service, he shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same shall be paid, treble the amount of said unlawful charge so collected, as a penalty therefor, to be recovered by such person, in any proper form of action, to and for the use May be off-set of such person, besides costs of suit. And in any such case the Secretary to compensation. of the Treasury is hereby authorized to retain out of the compensation of such officer, the amount of such overcharge, and of such penalty, and charge the same to such officer in account, and thereupon to refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think proper so to do. Fees to be accounted for. made. Penalty for omission to collect fees. Accounts and books of fees, how to be kept. SEC. 18. That all fees collected at any of the legations, or by the consuls-general, consuls, and commercial agents mentioned in schedules B and C, and by vice-consuls and vice commercial agents appointed to perform their duties, or by any other persons in their behalf, shall be accounted for to the Secretary of the Treasury, and held subject to his draft, or other directions. And all such consuls-generals, consuls, commercial agents, and consular agents, as are allowed for their compensation the whole or any part of the fees which they may collect pursuant to the provisions of this act, and all vice-consuls and vice commercial agents appointed to perform the duties of said consuls-general, consuls, and commercial agents as are allowed for their compensation the whole or any part of Returns to be such fees as aforesaid, shall make returns of all such fees as they or any other persons in their behalf shall so collect, in such manner as the Secretary of State shall prescribe; and all such fees as shall be so collected, accounted for, and reported, shall be reported annually to Congress, with the report of the rates or tariffs of fees required by the seventeenth section of this act, with a full list of all consular officers: and if any consul-general, consul, or commercial agent, mentioned in schedules B and C, or any viceconsul, or vice commercial agent, appointed to perform the duty of any such officer mentioned in said schedules B and C, shall omit to collect any fees which he shall be entitled to charge, pursuant to the provisions of this act, for any official service, he shall be liable to the United States therefor, as though he had collected the same, unless, upon good cause shown therefor, the Secretary of the Treasury shall think proper to remit the same; and every consular officer shall number all receipts given by him for fees received for official services, in the order of their dates, beginning with number one at the commencement of the period of his service, and on the first day of January in every year thereafter. And he shall keep a book, in which he shall register all fees so received by him, in the order in which they shall be received, specifying in such register each item of service and the amount received therefor, from whom, and the dates when received, and if for any service connected with any ship or vessel, the name thereof, and indicating what items and amounts are embraced in each receipt given by him therefor, and numbering the same according to the number of the receipts respectively, so that the receipts and register shall correspond with each other; and he shall, in such register, specify the name of the person for whom, and the date when he shall grant, issue, or verify any passport, certify any invoice, or perform any other official service in the entry of the receipt of the fees therefor, and also number each consular act so receipted for with the number of such receipt, and as shown by such register. And it shall be the duty of all owners, agents, consignees, masters and commanders of ships and vessels to whom any receipt for fees shall be given by any consular officer, to furnish a copy thereof to the collector of the district in which such ships and vessels shall first arrive on their return to the United States. And it shall be the duty of every collector to forward to the Secretary of the Treasury all such copies of receipts as shall have been so furnished to him, and also a statement of all certified invoices which shall come to his office, giving the dates of the certificate, and the names of the persons for whom, and of the consular officers by whom the same were certified; and every consular officer, in rendering his account or report of fees received, shall furnish a full transcript of the register which he is hereby required Copy of re ceipts for fees to be delivered to collector on re turn of vessels, to be forwarded to Sec'y of the Treasury. |