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places different from those at which such principals are located respectively; and “ vice-consuls” and “ vice commercial agents” shall be deemed and taken to denote “consular officers,” who shall be substituted, temporarily, to fill the place of " consuls-general," "consuls," or "commercial agents,” when they shall be temporarily absent or relieved from duty ; and the term “ consular officer," as used in this act, shall be deemed and taken to include all such officers as are mentioned in this section, and none others ; and the term “ diplomatic oflicer," as used in this act, shall be deemed and taken to include all the officers mentioned in the first section

of this act, and none others. Penalties on

Sec. 32. That if any consular officer shall wilfully neglect or omit to consular officers perform seasonably any duty imposed upon him by this or any other act, for violation or neglect of duty.

or by any order or instruction made or given in pursuance of this or any other act, or shall be guilty of any wilful malfeasance or abuse of power, or any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect, or omission, malfeasance, abuse, or corrupt conduct, for all damages occasioned thereby ; and for all such damages by any such officer, he, and his sureties upon his official bond, shall be responsible thereon to the full amount of the penalty thereof, to be sued in the name of the United States for the use of the person or persons so injured; Provided, That such suit shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against such officer, under such bond, for every wilful act of malfeasance or corrupt conduct in his office ; and if any such officer shall refuse to pay any draft, order, or warrant which may be drawn upon him by the proper officer of the Treasury Department for any public moneys of the United States in his hands, or for any amount due from him to the United States, whatever the capacity in which he may have received or may hold the same, or to transfer or disburse any such moneys promptly upon the legal requirement of any authorized officer of the United States, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment not to exceed ten years nor less than one year, or by fine not to exceed two thousand dollars nor less than two hundred dollars, or both, at the discretion of the court; and any such officer so offending, may be charged, proceeded against, tried, convicted,

and dealt with in any district in which he may be arrested or in custody. Repeal of cer- Sec. 33. That the fifth, sixth, and seventh sections of the act hereinbeparts of acts and fore mentioned, approved July twentieth, eighteen hundred and forty, and of all inconsiste all of the act entitled “ An act to remodel the diplomatic and consular sys

tems of the United States," approved March first, eighteen hundred and 1840, ch. 48. 1855, ch. 133. fifty-five, and all acts and parts of acts whereby any such fees as are con

See also 1856, templated by the seventeenth section of this act are fixed or allowed, and ch. 162, $ 2. any usage or law whereby any attache is or may be allowed to any lega

tion other than such as are provided in this act, or requiring any secretary of legation to be employed otherwise than as provided by this act, and all other acts and parts of acts, so far as the same are inconsistent with this act, be and the same are hereby annulled and repealed ; and no attache shall be allowed in any case, nor any secretary of legation, otherwise than as provided by this act.

Sec. 34. That this act shall take effect on the first day of January next, and not before.

ent acts.

No. 371. - AUGUST 18, 1856. Stat. at Large, CHAP. CXXIX.

- An Act making Appropriations for certain Civil Expenses of the Vol. XI. p. 81. Government for the Year ending the thirtieth of June, cighteen hundred and fifty-seven.

Special exam- Sec. 17. That the Secretary of the Treasury be and he is hereby auiner of drugs, thorized and required to appoint a suitably qualified person as special &c. to be appointed at San examiner of drugs, chemicals, medicines, &c., at San Francisco in CaliforFrancisco. nia, whose annual salary shall be two thousand dollars.

cases.

No. 372. — AUGUST 18, 1856.
CHAP. CLXIV. - An Act to authorize Protection to be given to Citizens of the United

Stat. at Large,
States who may discoter Deposits of Guano.

Vol. XI. p. 119.

See 1865, ch. 20. Be it enacted, &c. That when any citizen or citizens of the United Guano islands States may have discovered, or shall hereafter discover, a deposit of guano citizens and not on any island, rock, or key not within the lawful jurisdiction of any other belonging to othgovernment, and not occupied by the citizens of any other government, er countries, may and shall take peaceable possession thereof, and occupy the same, said be considered as island, rock, or key may, at the discretion of the President of the United the United States, be considered as appertaining to the United States: Provided, how- States.

Proviso.
ever, That notice be given by such discoverer or discoverers, as soon as
practicable, to the State Department of the United States, of such dis-
covery, occupation, and possession, verified by affidavit, describing said
island, rock, or key, and the latitude and longitude thereof, as near as may
be, and showing that such possession was taken in the name of the United
States, and that satisfactory evidence be furnished to the State Depart-
ment that such island, rock, or key was not, at the time of the discovery
thereof, or of the taking possession and occupation thereof by the claim-
ants, in the possession or occupation of any other government or of the
citizens of

any
other

government. Sec. 2. That the said discoverer or discoverers, or his or their assigns, Rights of dis

coverers in such being citizens of the United States, may be allowed, at the pleasure of Congress, the exclusive right of occupying said island, rocks, or keys, for the purpose of obtaining said guano, and of selling and delivering the same to citizens of the United States, for the purpose of being used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship’s tackle, a sum not exceeding eight dollars per ton for the best quality, or four dollars per ton in its native place of deposit: Provided, however, That no guano shall be Provisos. taken from said island, rock, or key, except for the use of the citizens of the United States, or of persons resident therein, as aforesaid. And provided, also, That said discoverer or discoverers, or his or their assigns, shall first enter into bonds, with such penalties or securities as may be required by the President, to deliver the said guano to citizens of the United States, for the purpose of being used therein, and to none others, and at the price aforesaid, and to provide all necessary facilities for that purpose within a time to be fixed in said bond. And

any

breach of the provisions thereof shall be taken and deemed a forfeiture of all rights accruing under and by virtue of this act. Sec. 3. That the introduction of guano from such islands, rocks, or Transportation

of such guano, keys, shall be regulated as in the coasting trade between different parts of

how regulated. the United States, and the same laws shall govern the vessels concerned therein. SEC. 4. That nothing in this act contained shall be construed obligatory

United States on the United States to retain possession of the islands, rocks, or keys, as tain such islands. aforesaid, after the guano shall have been removed from the same.

Sec. 5. That the President of the United States is hereby authorized, Land and naval at his discretion, to employ the land and naval forces of the United States forces may be to protect the rights of the said discoverer or discoverers or their assigns, force said rights. as aforesaid.

Sec. 6. That until otherwise provided by law, all acts done, and Provision offences or crimes committed, on every such island, rocks, or keys, by per- ou such islands. sons who may land thereon, or in the waters adjacent thereto, shall be held and deemed to have been done or committed on the high seas, on board a merchant ship or vessel belonging to the United States, and be punished according to the laws of the United States relating to such ships or vessels and offences on the high seas; which laws, for the purposes aforesaid, are hereby extended to and over such islands, rocks, or keys.

not bound to re

No. 373. - May 14, 1856. Stat. at Large, [No. 9.] Joint Resolution for the Statistics of the Coastwise Commerce to be included hereVol. XI. p. 144. after in the Annual Reports of the Secretary of the Treasury on Commerce and Navija

tion. Statistics of

Resolved, &c. That the Secretary of the Treasury in his annual reports coast wise com

on commerce and navigation hereafter to be made to Congress, cause to be nually reported. stated the kinds, quantities, and value of the merchandise entered and

See 1866, ch. cleared coastwise into and from the collection districts of the United States, 298, § 13.

and the said Secretary of the Treasury is hereby authorized to make all rules and orders necessary to carry into effect the object of this resolution.

merce to be an

Stat. at Large,

No. 374. August 18, 1856. Vol. XI. p. 139.

CHAP. CLXX. — An Act to amend an Act entitled " An Act requiring Foreign Regula

tions of Commerce to be laid annually before Congress," approved August sixteenth, eighCommercial

teen hundred and forty-two, and for other Purposes. information communicated by

Be it enacted, 8c. That in addition to the changes and modifications in consuls, &c. to the commercial systems of other nations, now required by said act, it shall be reported to

be the duty of the Secretary of State to lay before Congress annually, Congress.

within sixty days after the commencement of each ordinary session, as a part of said report, all other commercial information communicated to the State Department by consular and diplomatic agents of this government

abroad, or contained in the official publications of other governments, Consuls, &c. bound to pro

which he shall deem sufficiently important. cure such infor- Sec. 2. That to enable the Secretary of State to make said report, it mation.

is hereby declared to be the duty of consuls and commercial agents of the 1856, ch.127,9 22.

United States in foreign countries, to procure and transmit to the Department of State authentic commercial information respecting said countries, of such character, and in such manner and form, and at such times, as said department may, from time to time prescribe; and it shall be the duty of the Secretary of State in said annual report, to specify the

names of any of said officers who may have been remiss in their duty enSuperintendent of statistics.

joined by this act. 1866, ch.298,9 13. Sec. 3. That the Secretary of State be and is hereby authorized and

required to appoint one clerk, who shall have charge of statistics in said

department, and shall be called “ Superintendent of Statistics,” and shall Assistant.

receive a salary of two thousand dollars per annum, and shall be allowed as an assistant, one clerk of the third class, which clerk the Secretary of State is hereby authorized and required to appoint.

No. 375. FEBRUARY 21, 1857. Stat. at Large, CHAP. LVI. – An Act relating to Foreign Coins and to the Coinage of Cents at the Mint Vol. XI. p. 163.

of the United States. How much Be it enacted, c. That the pieces commonly known as the quarter, Mexican coins eighth, and sixteenth of the Spanish pillar dollar, and of the Mexican dolare to be received lar, shall be receivable at the treasury of the United States, and its sevfor by United

eral offices, and at the several post-offices and land-offices, at the rates of States.

valuation following, that is to say, the fourth of a dollar, or piece of two reals, at twenty cents; the eighth of a dollar, or piece of one real, at ten

cents; and the sixteenth of a dollar, or half-real, at five cents. Said coins to Sec. 2. That the said coins, when so received, shall not again be paid be recoined.

out, or put in circulation, but shall be recoined at the mint. And it shall be the duty of the director of the mint, with the approval of the Secretary of the Treasury, to prescribe such regulations as may be necessary and proper, to secure their transmission to the mint for recoinage, and the return or distribution of the proceeds thereof, when deemed expedient, and to prescribe such forms of account as may be appropriate and applicable to the circumstances: Provided, That the expenses incident to such transmission or distribution, and of recoinage, shall be charged against the account of silver profit and loss, and the net profits, if any, shall be paid from time to time into the treasury of the United States.

Sec. 3. That all former acts authorizing the currency of foreign gold or Former acts silver coins, and declaring the same a legal tender in payment for debts, making foreign are hereby repealed; but it shall be the duty of the director of the mint or legal tender to cause assays to be made, from time to time, of such foreign coins as repealed. may be known to our commerce, to determine their average weight, fine

Assays of for

eign coins to be ness, and value, and to embrace in his annual report a statement of the re- made, and ansults thereof.

nually reported. Sec. 4. That from and after the passage of this act,

the coinage of the half-cent shall cease.

* *

No. 376. FEBRUARY 26, 1857.
CHAP. LX. - An Act to authorize the People of the Territory of Minnesota to form a

Stat. gt Large, Constitution and State Government, preparatory to their Admission in the Union on an

Vol. XI. p. 166. equal Footing with the original States.

Sec. 2. That the said State of Minnesota shall have concurrent juris- Jurisdiction, diction on the Mississippi and all other rivers and waters bordering on the

over bordering

waters, which are said State of Minnesota, so far as the same shall form a common boundary declared to be to said State and any other State or States now or hereafter to be formed common high

ways. or bounded by the same; and said river and waters, and the navigable waters leading into the same, shall be common highways, and forever free, as well to the inhabitants of said State as to all other citizens of the United States, without any tax, duty, impost, or toll, therefor.

No. 377. FEBRUARY 26, 1857. [No. 8.) A Resolution to provide for ascertaining the relative Value of the Coinage of the

Stat. at Large, United States and Great Britain, and the firing the relative Value of the Unitary Coins Vol. XI. p. 264. of the two Countries.

[Resolved, 8c. That the Secretary of the Treasury be and he is hereby author- Agent, &c. to ized and directed to appoint some suitable person as agent or commissioner to confer with

Great Britain as confer with the proper functionaries in Great Britain in relation to some plan or

to coinage. plans of so mutually arranging, on the decimal basis, the coinage of the two countries as that the respective units shall be thereafter easily and exactly commensurable, and to embody the result of such conference in a statement and report, to be laid before Congress as early as practicable; and that the compensation of said agent or commissioner shall not exceed five thousand dollars in full for his services and expenses.]

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No. 378. March 2, 1857. CHAP. LXII. – An Act to establish Augusta, in the State of Georgia, a Port of Delivery. Stat. at Large,

Vol. XI. p. 168. Be it enacted, fc. That Augusta, in the State of Georgia, within the

Augusta (Ga.) collection district of Savannah, be and the same is hereby declared to be a made a port of port of delivery, within the said collection district, and there shall be

delivery.

appointed a surveyor of customs, to reside at said port of Augusta, who Surveyor. shall perform similar duties towards, and in connection with, the collector at the port of entry, as are prescribed for surveyors of the ports of Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, and Nashville, by the act of Congress approved second March, eighteen hundred and thirty-one, 1831, ch 87. being entitled “ An act allowing the duties on foreign merchandise im- Ante, p. 240. ported into Pittsburg, Wheeling, Cincinnati, Louisville, St. Louis, Nash

Duties of col. ville, and Natchez, to be secured and paid at those places,” the duties of

lector at Savanthe collector at Savannah in reference to all foreign merchandise entered

how made.

nah as to impor- for the port of Augusta, and to be shipped from Savannah to Augusta, gusta.

either by the river or railroad, shall be the same as those prescribed for Importations the collector at New Orleans, in reference to merchandise entered by an

importer or his agent there for the ports above mentioned in said act. And importations of foreign merchandise to Augusta may be made through the port of Savannah in the same way, and under like instructions, [restrictions,] penalties, and forfeitures, as by the said act they are allowed to be made to the places above mentioned through the port of New Orleans.

No. 379. MARCH 2, 1857. Stat. at Large, CHAP. LXIII. An Act to amend the twenty-eighth Section of the Act of Congress apVol. XI. p. 168.

proved the thirtieth of August one thousand eight hundred and forty-two, entitled Àn Act to provide Revenue from Imports and to change and modify existing Laws imposing Duties on Imports and for other Purposes,” prohibiting the Importation of obscene and indecent Articles, so as more effectually lo accomplish the Purposes for which that Provis

ion was enacted. Importation of Be it enacted, 8c. That the twenty-eighth section of the act of Congress books prohibited. approved the thirtieth of August, one thousand eight hundred and forty-two, 1842, ch. 270. and entitled “ An act to provide revenue from imports, and to change and

modify existing laws imposing duties on imports, and for other purposes,"

be amended as follows: Packages, &c. The importation of all indecent or obscene articles, prints, paintings, of which theye lithographs, engravings, images, figures, daguerreotypes, photographs, and

, to be forfeited. transparencies, is hereby prohibited, and no invoice or package whatever,

or any part thereof, in which any such articles are contained, shall be admitted to entry; and all invoices and packages whereof any such articles shall compose a part, are hereby declared to be liable to be proceeded against, seized, and forfeited by due course of law, and the said articles shall be forthwith destroyed.

No. 380. March 3, 1857. Stat. at Large, CHAP. CII. — An Act to constitute Selma, in the State of Alabama, a Port of Delivery. Vol. XI. p. 199. Selma, (Ala.)

Be it enacted, &c. That Selma, in the State of Alabama, shall be and is made a port of' hereby constituted a port of delivery within the collection district of New delivery. 1858, ch. 3.

Orleans; and there shall be appointed a surveyor of customs, to reside at said port, who shall, in addition to his own duties, perform the duties and

receive the salary and emoluments prescribed by the act of Congress, ap1831, ch. 87. proved on the second of March, eighteen hundred and thirty-one, for imAnte, p. 240. porting merchandise into Pittsburg, Wheeling, and other places.

No. 381. - MARCH 3, 1857. Stat. at Large, CHAP. CV. – An Act to establish a Port of Entry at Fernandina, in the State of Vol. XI. p. 200.

Florida. Nassau coun- Be it enacted, &c. That the county of Nassau, in the State of Florida, ty, (F...) made a embracing all the waters, islands, bays, harbors, inlets, shores and rivers

district with Fer- in the same, shall be a collection district, to be called the district of Ferpandina as a nandina, and that Fernandina shall be the port of entry for said district ; port of entry.

Salary of col- and a collector for said district shall be appointed, who'shall perform the lector.

same duties and receive the same compensation and fees as the collector for the district of St. John's in said State.

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