of the senate and house of representatives, respectively, nor as extra allowance to any 3 March 1845. clerk, messenger or attendant of the said two houses, or either of them, nor as payment No extra allow or compensation to any clerk, messenger or other attendant [to] be so employed by a reso- ances to be paid out of contingent lution of one of said houses, nor in the purchase of books to be distributed to members. funds. 19. The moneys which have been, or may hereafter be, appropriated for the compen- 10 Feb. 1854 3 1. sation of members and officers, and for the contingent expenses of the senate, shall be paid at the treasury on requisition drawn by the secretary of the senate, and shall be How contingent kept, disbursed and accounted for by him, according to law; and the said secretary senate to be dis shall be deemed a disbursing officer. 10 Stat. 267. fund of the bursed. Ibid. 32. 20. In lieu of the bond now required by law, to be given by the secretary of the senate, he shall give bond to the United States, within ten days after the passage of this Form of secre act, with one or more sureties, to be approved by the comptroller of the treasury, in the tary's bond. penal sum of twenty thousand dollars, with condition for the faithful application and disbursement of such funds as may be drawn from the treasury under this act, which bond shall be deposited in the comptroller's office; and it shall be the duty of each and every secretary of the senate, who may hereafter be chosen, to give bond, as aforesaid, within thirty days after he enters upon the duties of his cffice, and before making any requisition as aforesaid. Ibid. 23. 21. It shall be the duty of the said secretary of the senate to deposit the moneys aforesaid which may come into his hands with the depositary who may be designated by How deposited the secretary of the treasury, for other disbursing officers in the city of Washington, and and drawn. all payments on account of the pay and mileage of members of the senate, and all payments of their officers and for the contingent expenses of the senate, shall be by drafts drawn by the secretary on such depositary. V. JOURNALS OF CONGRESS. 27 Dec. 1818. 3 Stat. 140. 22. Of the public journals of the senate and of the house of representatives, of the present and every future congress, commencing with the present session, and of the documents published under the orders of the senate and of the house of representatives Additional copies of journals and respectively, from the commencement of the present session, there shall be printed two documents to be hundred copies beyond the number usually printed; of which twenty-five copies shall printed. be deposited in the library of the United States, at the seat of government, to be delivered to members of congress during any session, and to all other persons authorized by How distributed. law to use the books in the said library, upon their application to the librarian, and giving their responsible receipts for the same, in like manner as for other books. And that so many other of the said copies shall be transmitted, in like manner as the acts of congress are transmitted, to the executives of the several states and territories, as shall be sufficient to furnish one copy to each executive, one copy to each branch of every state and territorial legislature, one copy to each university and college in each state, and one copy to the historical society incorporated, or which shall be incorporated, in each state; and that the residue of the said two hundred copies be deposited in the library of the United States, subject to the future disposition of congress. 5 Stat. 717. authorized. 23. There shall hereafter be printed fifty copies of the public journals and documents 30 April 1844. of the senate, and one hundred copies of the public journals and documents of the house of representatives, in addition to the number now required by law to be printed; and Further increase that fifty copies of said journals and documents, in addition to the number now deposited with the secretary of state, shall hereafter be annually delivered to that officer for distribution according to law; and the residue of said journals and documents shall be deposited in the library of congress. 9 Stat. 80. of, to be evidence. 24. Extracts from the journals of the senate or of the house of representatives, and 8 Aug. 1846 ? 1. of the executive journal of the senate, when the injunction of secrecy is removed, duly certified by the secretary of the senate or by the clerk of the house of representatives, Certified copies shall be admitted as evidence in the several courts of the United States, and shall have the same force and effect as the originals thereof would have, if produced in court and proved. Ibid. 22. 25. For all such copies, certified as aforesaid, the secretary of the senate and clerk of the house of representatives shall be entitled to the same fees as are now allowed by law, Fees for copies. for similar services, to the secretary of state. 26. There shall hereafter be printed one hundred copies of the public journals and documents of the house of representatives, in addition to the number now printed, which shall be deposited with the secretary of state for distribution according to law. 23 Dec. 1851. 10 Stat. 145. 11 Stat. 253. Distribution of 27. The ten copies of the journals and other documents of congress, authorized by law 28 Jan. 1857 1. to be deposited in the library of congress, by section three of the joint resolution of May 24th 1828, shall hereafter be deposited with the secretary of state for foreign exchanges; journals, &c. and the fifty copies of the journals and documents of the senate and house of representatives ordered to be placed in the library of congress for foreign exchanges, by joint 28 Jan. 1857. Ibid. 2. resolution of July 20th 1840; and the fifty copies of the journals and documents of the senate and house of representatives authorized to be deposited with the secretary of state, by the joint resolution of April 30th 1844, shall hereafter be deposited with the secretary of the interior. 28. Instead of one hundred copies of the journals and documents of the house of repNumber reduced, resentatives, authorized to be printed by the joint resolution of April 30th 1844, there shall hereafter be printed fifty copies only. Ibid. 2 3. Distribution to colleges, &c. 29. The journals and congressional documents heretofore deposited in the library of con gress by authority of the above-cited resolutions, and so many of the four hundred copies of the public documents sent to the department of state as are now distributed by that department to colleges and other literary institutions, shall be deposited with the secretary of the interior, for distribution to such colleges, public libraries, athenæums, literary and scientific institutions, boards of trade or public associations, as may be designated by him. 24 Feb. 1843 1. 5 Stat. 601. Terms of the circuit court. 6 Feb. 1812 2 1. 2 Stat. 676. 1. The circuit court of the United States for the district of Connecticut, shall hereafter be held on the fourth Tuesday in April, and on the third Tuesday in September in each year, instead of the last Wednesday in April, and the seventeenth day of September, the times heretofore established by law. (a) And all indictments, informations, recognisances, writs, suits, pleas, actions, motions and all other proceedings, civil and criminal, shall be heard, tried, proceeded with and determined by the said court, in the same manner as they might and ought to have been done, had the said court been holden at the times heretofore directed by law. II. DISTRICT court. 2. The district court within and for the district of Connecticut, shall hereafter be holden on the fourth Tuesdays of February, May, August and November in each year, Terms of the dis any law to the contrary notwithstanding.(b) trict court. 2 March 1799 24. 1 Stat. 630. District of New District of New District of Fairfeld. District of Mi 1lletown. III. COLLECTION DISTRICTS. 3. In the state of Connecticut there shall be four districts, to wit: New London, New Haven, Fairfield and Middletown. The district of New London shall extend from the east line of the said state of Connecticut to the east line of the town of Lyme, and shall include the several towns or landing places of Norwich, Stonington and Groton, as ports of delivery only; and New London to be the sole port of entry; and a collector and surveyor for the district shall be appointed, to reside at New London; and a surveyor, to reside at Stonington. 4. The district of New Haven shall extend from the west line of the district of New London, westerly, to Ousatumnick river, to which shall be annexed the several towns or landing places of Guildford, Branford, Milford and Derby, as ports of delivery only; and New Haven shall be the sole port of entry; and a collector and surveyor for the district shall be appointed, to reside at New Haven. 5. The district of Fairfield shall include all the ports and places in the said state of Connecticut west of the district of New Haven, to which shall be annexed the several towns or landing places of Norwalk, Stratford, Stamford and Greenwich, as ports of delivery only; Fairfield shall be the sole port of entry; and a collector for the district shall be appointed, to reside at Fairfield. 6. The district of Middletown shall include the several towns and landing places of Lyme, Saybrook, Killingsworth, Haddam, East Haddam, Middletown, Chatham, Weathersfield, Glastenbury, Hartford, East Hartford, Windsor and East Windsor, of which Middletown shall be the sole port of entry; and the other towns and landing places before named shall be ports of delivery only; and a collector and surveyor shall be appointed, to reside at Middletown; and a surveyor shall be appointed, to reside at Hartford, and another to reside at Saybrook. (a) By act 13 April 1792, the circuit court is directed to be held alternately at Hartford and New Haven; that is, at New Haven April, and at Hartford in September. 1 Stat. 252. (b) By act 24 September 1789, the district court is to be held alternately, at Hartford and New Haven. 1 Stat. 74. 2 Stat. 68. 7. The town of Lyme, in the state of Connecticut, and the shores and waters thereof, 10 May 1800 8 3. shall be annexed as a port of delivery only, to the district of New London, and all vessels bound to or from the said port of Lyme, shall first come to, enter and clear at New London dis the said port of New London: Provided however, That the surveyor appointed to reside at Saybrook shall be authorized to visit and inspect ships or vessels arriving at said port of Lyme, and generally to perform the duties of a surveyor, as may be requisite within said port. trict enlarged. 5 Stat. 499. 8. The town of Stonington, in the county of New London, state of Connecticut, shall 3 Aug. 1842 ? 1 be a collection district, from and after the thirtieth day of June next; and that the port of Stonington, aforesaid, shall be, and hereby is, made a port of entry. district of Ston 9. The district of Stonington shall comprehend all the waters, shores, bays and Thid. 22. harbors, from the west line of Mystic river, including the villages of Portersville and Boundaries of the Noank, in the town of Groton, state of Connecticut, to the east line of Pawcatuck river, ington including the town of Westerly, state of Rhode Island, anything in any former law to the contrary notwithstanding. Ibid. 23. 10. That, from and after the thirtieth day of July present, the office of surveyor of the port of Stonington, aforesaid, be, and the same is hereby abolished; and a collector for Collector to be the aforesaid district shall be appointed, to reside at the port of Stonington, who, in appointed addition to his other emoluments, shall be entitled to receive the salary now allowed by law to the surveyor, aforesaid, and no more; and said collector shall also perform the duties heretofore enjoined on the surveyor. I. APPOINTMENT OF CONSULS. 1. Appointment and compensation of consuls, &c. 2. Those not enumerated to be paid by fees. 3. Interpreters in China. II. THEIR DUTIES TOWARDS SEAMEN, ETC. Consuls. 4. Masters of vessels, in foreign ports, to deposit their papers with consuls, &c. Penalty for neglect. To be returned on production of clearance, &c. 5. On discharge of seamen in foreign ports, certified copy of list of ship's company to be produced to consul. Three months' wages to be paid to him. How distributed. Fund for return of seamen. 6. To provide for and send home destitute seamen. Masters to receive them on board. Terms. To do duty, if able. Penalty for refusal to receive them. Consular certificate to be evidence. 7. Consuls to enter seamen shipped in foreign ports. 8. To hear complaints of seamen: and discharge with, or without three months' wages. 9. Consuls to reclaim deserters, &c. 10. On complaint of unseaworthiness, to appoint examiners. Their report. 11. Consuls to approve or disapprove of their report. 12. If sent to sea, unsuitably provided, to discharge the crew, with three months' additional wages. 13. Charges to be paid by masters. wages. When to be retained from 14. Crews to have liberty to complain to consuls. 15. Consuls to inquire into cause of desertion, and in certain cases to discharge, &c. 16. Liability for official neglect, &c. 17. When naval officers to perform consular duties in relation to seamen. 18. To authenticate desertion of seamen. 19. To discharge seamen and require payment of three months' wages. How applied. In case of neglect to be personally liable. Expenses of boarding, &c., to be paid out of extra wages. 20. To keep list of seamen shipped and discharged. Of vessels arrived and departed, &c. When to certify invoice. To furnish prices current to the secretary. 21. Masters to apply to consuls for official services. Penalty for omission. Consuls may retain ships' papers until payment of all demands, &c. III. GENERAL POWERS AND DUTIES. 22. To receive protests. Official copies. 23. To take possession of the personal estate of decedents. To pay debts, and remit the balance. Or deliver the same to the legal representative. 24. To give notice of the decease of a citizen. And transmit Inventory of his effects. 25. To take measures for the survey of stranded vessels and their cargoes. 26. Grant of specific powers not to exclude others. 2. To verify powers of attorney to transfer stocks. 28. Power to administer oaths, &c. And perform notarial acts. False swearing to be deemed perjury. Seal and signature to be evidence. Punishment of forgery. 29. Duties in relation to estates of decedents. IV. JUDICIAL POWERS IN CHINA AND TURKEY. 20. Judicial powers in China. 31. Criminal jurisdiction. 32. Civil jurisdiction. 33. Such jurisdiction to be exercised in conformity with the laws of the United States; or the common law; or decrees of the commissioner. 34. How this jurisdiction to be exercised. 38. When appeal to lie to the commissioner. 39. When citizens to be summoned to sit with the consul. In case of difference of opinion, to be referred to the commissioner. 40. Their civil jurisdiction, and how exercised. 41. Evidence to be in writing. 42. Jurisdiction of the commissioner. 45. How sentence of death to be executed. May be submitted to the president. 46. Tariff of fees to be established. Report to congress. 48. What criminal cases may be settled. 49. Settlement, or reference, of civil cases to be encouraged. Proceedings on reference. How award to be enforced. 50. Chinese authorities may be invoked. 51. Extended to Turkey. 52. Who to be deemed commissioners and consuls. 53. To be responsible to the laws of the United States for the performance of their duties 54. Repealed as to Macao. V. MISCELLANEOUS PROVISIONS. 55. Certain consuls not to engage in commerce. To give bond to that effect. Penalty for violation. How recoverable. 56. When compensation to commence and to cease. 57. Pay of consular officers performing diplomatic functions. 58. Not to exercise diplomatic functions unless expressly authorized. 59. Bonds of consuls, &c. Condition. When new bonds may be required. 60. President to define limits of consulates. Vice-consuls, &c. 61. Pay of vice consuls, &c. President may interdict trade to any consul, &c. 62. President to establish tariff of fees, &c. To be annexed to clearances. Copy to be posted in consul's office. 63. To give receipts for fees, &c. Penalty for extortion. Penalty and overcharge to be deducted from compensation. 64. Fees to be accounted for. Returns of officers paid by fees. To be liable for neglect to collect fees. Receipts to be numbered. Account of fees to be kept. Copies of consular receipts, &c., to he transmitted to the secretary. Account and report to be sworn to. False swearing to be perjury. 65. Not to absent themselves more than ten days without leave. Nor to correspond with newspapers. &c. Nor recommend to office. Nor accept presents. 66. Compensation to be in full of all services. Not to charge commissions on seamen's extra wages. But may transport home destitute seamen. 67. No compensation to be paid to other than citizens. 68. Stationery and contingencies to be provided. When office rent to be allowed. President to prescribe regulations for transaction of business. Secretary to publish official notifications from consuls. &c. 69. Who may grant passports. Fees. Penalty for issuing false 71. Who to be deemed consular officers. 73. Repeal of certain acts. 74. Penalty for giving false certificates. 11 Stat. 52. Appointment and compensa. tion of consuls, &c. I. APPOINTMENT OF CONSULS. 18 Aug. 1856 3. 1. Consuls-general, consuls and commercial agents, appointed (a) to the ports and places hereinafter specified in schedules B and C, shall be entitled to compensation for their services, respectively, at the rates per annum hereinafter specified in said schedules B and C ; and if the president shall think proper to appoint a consul to any port or place named in the said schedules B and C for a commercial agent, instead of such commercial agent, or vice versa, and an appointment shall be made accordingly, the compensation for such consular officer shall be the same in any such case as that fixed for such port or place in the schedule embracing the same; and if he shall think the public interests will be subserved by appointing to any such port or place a consul-general instead of a consul or commercial agent, and an appointment shall be made accordingly, the compensation for such consul-general shall be the same as that fixed for such port or place in the schedule embracing the same. Consuls-general. Consuls. Schedule B. 1. Consuls-General. British North America.—Quebec, four thousand dollars. Egypt.-Alexandria, three thousand five hundred dollars. Cuba.-Havana, six thousand dollars. Turkey.-Constantinople, three thousand dollars. Hanseatic and Free Cities.-Frankfort-on-the-Main, three thousand dollars. 2. Consuls. Great Britain.-Liverpool and London, each, seven thousand five hundred dollars. Melbourne, four thousand dollars. Hong Kong, three thousand five hundred dollars. Glasgow, three thousand dollars. Mauritius and Singapore, each two thousand five hundred dollars. Belfast, Cork, Dundee, Demarara, Halifax, Kingston, (Jamaica,) Leeds, Manchester, Nassau, (New Providence,) Southampton and Turk's Island, each, two thousand dollars. Prince Edward's Island, one thousand dollars. France. Havre, six thousand dollars. Paris, five thousand dollars. Marseilles, two thousand five hundred dollars. Bordeaux, two thousand dollars. La Rochelle and Lyons, each, one thousand five hundred dollars. Russia.-Moscow, Odessa, Revel and St. Petersburg, each, two thousand dollars. Austria.—Trieste, two thousand dollars. Vienna, one thousand five hundred dollars. China.-Canton and Shanghai, each, four thousand dollars. Fouchou, three thousand five hundred dollars. Amoy and Ningpo, each, three thousand dollars. Turkey.-Beyrout and Smyrna, each, two thousand dollars. Jerusalem, one thousand five hundred dollars. Netherlands.-Rotterdam, two thousand dollars. Amsterdam, one thousand dollars. Portugal.-Funchal and Oporto, each, one thousand five hundred dollars. Denmark.-St. Thomas, four thousand dollars. Elsineur, one thousand five hundred dollars. Sardinia.-Genoa, one thousand five hundred dollars. Switzerland.-Basle, two thousand dollars. Geneva, one thousand five hundred dollars. Sicilies.-Messina, Naples and Palermo, each, one thousand five hundred dollars. Saxony-Leipsic, one thousand five hundred dollars. Bavaria.-Munich, one thousand dollars. Tuscany.-Leghorn, one thousand five hundred dollars. Wurtemburg-Stuttgardt, one thousand dollars. Hanseatic and Free Cities.-Bremen and Hamburg, each two thousand dollars. dollars. Peru.-Callao, three thousand five hundred dollars. (a) It belongs exclusively to the president, by and with the advice and consent of the senate, to appoint consular officers at such places as he and they deem to be meet. They are officers oreated by the constitution, and the laws of nations, not by acts of congress. 7 Opin. 242. (See act 1 May 1810, 5, which provided that no consul, residing on the Barbary coast, should own, in whole or in part, any ship or vessel, or be concerned, directly or indirectly, in the exportation from, or importation to, any of the states on the coast of Barbary, of any goods, wares or merchandise, on penalty that every consul so offending, and being thereof convicted, should, for every such offence, forfeit a sum not exceeding one thousand dollars. 2 Stat. 609. This provision would seem to be fully sup plied by the act in the text. 28 Feb. 1803. Chili. Valparaiso, three thousand dollars. Buenos Ayres.-Buenos Ayres, two thousand dollars. New Grenada.-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. 3. Commercial Agents. Nicaragua.-San Juan del Norte, two thousand dollars. Commercial St. Domingo (Island).-Port-au-Prince, two thousand dollars. St. Domingo (city), agents. one thousand five hundred dollars. SCHEDULE C. 1. Consuls. Great Britain.-Capetown and Falkland Islands, each one thousand dollars. Austria.-Venice, seven hundred and fifty dollars. Prussia. Stettin, one thousand dollars. Turkey.-Candia and Cyprus, each one thousand dollars. Portugal.-Fayal and Santiago, (Cape de Verdes,) each seven hundred and fifty dollárs. Denmark.-Saint Croix, seven hundred and fifty dollars. Muscat.—Zanzibar, one thousand dollars. Brazil.—Bahia, Maranham Island, Para and Rio Grande, each one thousand dollars. Mexico.-Matamoras, Mexico (city) and Tampico, each one thousand dollars. Paso del Norte and Tabasco, each five hundred dollars. Peru.-Paita and Tumbez, each five hundred dollars. New Grenada.-Carthagena and Sabanillo, each five hundred dollars. Ecuador. Guayaquil, seven hundred and fifty dollars. New Zealand.-Bay of Islands, one thousand dollars. 2. Commercial Agents. Portugal.-St. Paul de Loanda, (Angola,) one thousand dollars. Consuls. Commercia agents. St. Domingo (Island).—Cape Haytien, one thousand dollars. Aux Cayes, five hundred dollars. Russia in Asia.-Amoor River, one thousand dollars. 2. 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 Those not enuin pursuance of the provisions of this act respectively. Ibid. 4. merated to be paid by fees. Ibid. 26. 3. That the president be, and is hereby authorized to appoint three interpreters of the Chinese language, who shall be entitled to compensation for their services, respectively, Interpreters in at a rate not to exceed fifteen hundred dollars per annum, to be determined by the presi- China. dent, and to assign such interpreters, from time to time, to such consulates in China, and with such duties, as he may think proper. II. THEIR DUTIES TOWARDS SEAMEN, ETC. 2 Stat 203. sels in foreign 4. It shall be the duty of every master or commander of a ship or vessel, belonging to 28 Feb. 1803 3 2 citizens of the United States, who shall sail from any port of the United States, after the 1st day of May next, on his arrival at a foreign port, (a) to deposit his register, sea letter, Masters of vesand Mediterranean passport with the consul, vice-consul, commercial agent or vice-com- ports to deposit mercial agent (if any there be at such port); that in case of refusal or neglect (b) of the their papers with said master or commander to deposit the said papers as aforesaid, he shall forfeit and (a) The arrival must be such an one as involves entry and clearance. The act does not apply to a case where a vessel merely touches at a port, without coming to an entry or transacting any business. Harrison v. Vose, 9 How. 372. Toler v. White, Ware, consuls, &c. 277. 4 Opin. 390. 6 Ibid. 163. See Parsons v. Hunter, 2 Sumn. 419. 5 Opin. 161. (b) In an action for the penalty the certificate of the consul is not admissible evidence to prove the arrival or departure of the vessel. Levy v. Burley, 2 Sumn. 355. |