SEC. 4079. Whenever it is stipulated by treaty or convention between the United States and any foreign nation that the consul general, con Title 47. Powers of for suls, vice-consuls, or consular or commercial agents of each nation, shall eign consuls over have exclusive jurisdiction of controversies, difficulties, or disorders disputes between arising at sea or in the waters or ports of the other nation, between the seamen. master or officers and any of the crew, or between any of the crew themselves, of any vessel belonging to the nation represented by such consular officer, such stipulations shall be executed and enforced within the jurisdiction of the United States as hereinafter declared. But before this section shall take effect as to the vessels of any particular nation having such treaty with the United States, the President shall be satisfied that similar provisions have been made for the execution of such treaty by the other contracting party, and shall issue his proclamation to that effect, declaring this section to be in force as to such nation. [See § 5280, EXTRADITION.] Arrest of sea SEC. 4080. In all cases within the purview of the preceding section the consul-general, consul, or other consular or commercial authority of men on applica such foreign nation charged with the appropriate duty in the particular tion of consul. case, may make application to any court of record of the United States, or to any judge thereof, or to any commissioner of a circuit court, setting forth that such controversy, difficulty, or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a certified copy or extract of the shipping-articles, roll, or other proper paper of the vessel, to the effect that the person in question is of the crew or ship's company of such vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the vessel, or that he has refused, or is about to refuse, to submit to and obey the lawful jurisdiction of such consular or commercial authority in the premises; and further stating and certifying that, to the best of the knowledge and belief of the officer certifying, such person is not a citizen of the United States. Such application shall be in writing and duly authenticated by the consular or other sufficient official seal. Thereupon such court, judge, or commissioner shall issue his warrant for the arrest of the person so complained of, directed to the marshal of the United States for the appropriate district, or in his discretion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requiring such person to be brought before him for examination at a certain time and place. SEC. 4081. If, on such examination, it is made to appear that the per- Commitment son so arrested is a citizen of the United States, he shall be forthwith and discharge. discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such court, judge, or commissioner finds, upon the papers herein before referred to, a sufficient primafacie case that the matter concerns only the internal order and discipline of such foreign vessel, or, whether in its nature civil or criminal, does not affect directly the execution of the laws of the United States, or the rights and duties of any citizen of the United States, he shall forthwith, by his warrant, commit such person to prison, where prisoners under a sentence of a court of the United States may be lawfully committed, or, in his discretion, to the master or chief officer of such foreign vessel, to be subject to the lawful orders, control, and discipline of such master or chief officer, and to the jurisdiction of the consular or commercial authority of the nation to which such vessel belongs, to the exclusion of any authority or jurisdiction in the premises of the United States or any State thereof. No person shall be detained more than two months after his arrest, but at the end of that time shall be set at liberty and shall not again be arrested for the same cause. The expenses of the arrest and the detention of the person so arrested shall be paid by the consular officers making the application. solemnize marriages. SEC. 4082. Marriages in presence of any consular officer of the United Power of Uni. States in a foreign country, between persons who would be authorized ted States conto marry if residing in the District of Columbia, shall be valid to all sular officers to intents and purposes, and shall have the same effect as if solemnized within the United States. And such consular officers shall, in all cases, give to the parties married before them a certificate of such marriage, and shall send another certificate thereof to the Department of State, there to be kept; such certificates shall specify the names of the parties, their ages, places of birth, and residence. June 11, 1874. Act making appropriations for consular and diplomatic service. SEC. 4. That the Secretary of State shall, as soon as practicable, establish and determine the maximum amount of time actually necessary Necessary time for traveling be- to make the transit between each diplomatic and consular post and the tween diplomatic city of Washington, and vice versa, and shall make the same public. and consular He may also, from time to time, revise his decision in this respect; but posts and Wash in each case the decision is to be in like manner made public. And the ington to be determined, &c. allowance for time actually and necessarily occupied by each diplomatic and consular officer who may be entitled to such allowance shall in no case exceed that for the time thus established and determined, with the addition of the time usually occupied by the shortest and most direct mode of conveyance from Washington to the place of residence in the United States of such officer. Pay of vice SEC. 6. That any vice-consul who may be temporarily acting as conconsuls acting as- sul during the absence of such consul may receive compensation, notwithstanding that he is not a citizen of the United States. Approved, June 11, 1874. consuls. June 17, 1874. Diplomatic and consular officers not to be absent without leave. No compensa An act relating to ambassadors, consuls, and other officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no Ambassador, Envoy Extraordinary Minister Plenipotentiary, Minister Resident, Commissioner to any foreign country, chargé d'affaires, Secretary of Legation, Assistant Secretary of Legation, Interpreter to any Legation in any foreign country, Consul General, Consul, Commercial Agent, consular pupils, or consular agent shall be absent from his post or the performance of his duties for a longer period than ten days at any one time, without tion when absent. the permission previously obtained of the President. And no compensation shall be allowed for the time of any such absence in any case except in cases of sickness; nor shall any diplomatic or consular officer Not to corre- correspond in regard to the public affairs of any foreign government spond with pri- with any private person, newspaper, or other periodical, or otherwise vate persons or than with the proper officers of the United States; nor without the newspapers in relation to for- consent of the Secretary of State previously obtained, recommend any eign govern - 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 or acNot to recom- cept for himself or any other person, any present, emolument, pecuniary mend persons for employment, &c. favor, office, or title of any kind from any such government." ments. Sec. Approved, June 17, 1874. DISBURSING OFFICERS AND AGENTS. See also EMBEZZLEMENT. 285. Disbursements by order of commanding Disbursements. Sec. 3620. Duty of disbursing officers. 3621. Penalty for failure to deposit when required. 3622. Accounts. 3623. Distinct accounts required. 3624. Suits to recover moneys from officers. Title 7, Chap. 4. SEC. 285. Every disbursement of public moneys, or disposal of public stores, made by a disbursing officer pursuant to an order of any com&c., by order of manding officer of the Navy, shall be allowed by the proper accounting commanding offi- officers of the Treasury, in the settlement of the accounts of the officer, cer of Navy. upon satisfactory evidence of the making of such order, and of the payment of money or disposal of stores in conformity with it; and the commanding officer by whose order such disbursement or disposal was made, shall be held accountable for the same. Title 13, Chap. 18. SEC. 957. When suit is brought by the United States against any revenue officer or other person accountable for public money, who neglects Delinquents for public money; or refuses to pay into the Treasury the sum or balance reported to be judgment at re- due to the United States, upon the adjustment of his account it shall be turn term, unless, the duty of the court to grant judgment at the return term, upon motion, &c. unless the defendant, in open court, (the United States attorney being present,) makes and subscribes an oath that he is equitably entitled to credits which had been, previous to the commencement of the suit, submitted to the accounting officers of the Treasury, and rejected; specifying in the affidavit each particular claim so rejected, and that he cannot then safely come to trial. If the court, when such oath is made, subscribed, and filed, is thereupon satisfied, a continuance until the next succeeding term may be granted. Such continuance may also be granted when the suit is brought upon a bond or other sealed instrument, and the defendant pleads non est factum, or makes a motion to the court, verifying such plea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper specified in the affidavit. And no continuance shall be granted except as herein provided. [See § 3624.] SEC. 1.550. No person shall be employed or continued abroad, to receive Title 15, Chap. 7. and pay money for the use of the naval service on foreign stations, whether under contract or otherwise, who has not been, or shall not be, appointed by and with the advice and consent of the Senate. Appointment of persons to disburse money on foreign stations. Title 19. Disbursing offi. SEC. 1788. Every officer of the United States concerned in the disbursement of the revenues thereof who carries on any trade or business in the funds or debts of the United States, or of any State, or in any public cers forbidden to property of either, shall be deemed guilty of a misdemeanor, and pun- trade in public ished by a fine of three thousand dollars, and shall, upon conviction, be fundsor property. removed from office, and forever thereafter be incapable of holding any office under the United States. Title 40. SEC. 3614. Whenever it becomes necessary for the head of any department or office to employ special agents other than officers of the Bonds of special army or navy, who may be charged with the disbursement of public agents. moneys, such agents shall, before entering upon duty, give bond in such form and with such security as the head of the department or office em ploying them may approve. dis SEC. 3620. It shall be the duty of every disbursing officer having any Duty of public money intrusted to him for disbursement, to deposit the same bursing officers. with the Treasurer or some one of the assistant treasurers of the United States, and to draw for the same only as it may be required for payments to be made by him in pursuance of law; and all transfers from the Treasurer of the United States to a disbursing officer shall be by draft or warrant on the Treasury or an assistant treasurer of the United States. In places, however, where there is no treasurer or assistant treasurer, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and under such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors. [See § 5488.] SEC. 3621. Every person who shall have moneys of the United States Penalty for failto deposit in his hands or possession shall pay the same to the Treasurer, an assist- ure money when reant treasurer, or some public depositary of the United States, and take quired. his receipt for the same, in duplicate, and forward one of them forthwith to the Secretary of the Treasury. [See § 5492, EMBEZZLEMENT.] SEC. 3622. Every officer or agent of the United States who receives public money which he is not authorized to retain as salary, pay, or emolument, shall render his accounts monthly. Such accounts, with the vouchers necessary to the correct and prompt settlement thereof, shall be sent by mail, or otherwise, to the Bureau to which they pertain, within ten days after the expiration of each successive month, and, after examination there, shall be passed to the proper accounting officer of the Treasury for settlement. Disbursing officers of the Navy shall, however, render their accounts and vouchers direct to the proper accounting officer of the Treasury. In case of the non-receipt at the Treasury, or proper Bureau, of any accounts within a reasonable and proper time thereafter, the officer whose accounts are in default shall be required to furnish satisfactory evidence of having complied with the provisions of this section. The Secretary of the Treasury may, if in his opinion the circumstances of the case justify and require it, extend the time hereinbefore prescribed for the rendition of accounts. Nothing herein contained shall, however, be construed to restrain the heads of any of the Departments from requiring such other returns or reports from the officer or Accounts. Distinct accounts required. agent, subject to the control of such heads of Department, as the public interest may require. [See § 5491, EMBEZZLEMENT.] SEC. 3623. All officers, agents, or other persons, receiving public moneys shall render distinct accounts of the application thereof, according to the appropriation under which the same may have been advanced to them. Suits to recover SEC. 3624. Whenever any person accountable for public money, negmoney from offi- lects or refuses to pay into the Treasury the sum or balance reported to cers, regulated. be due to the United States, upon the adjustment of his account, the First Comptroller of the Treasury shall institute suit for the recovery of the same, adding to the sum stated to be due on such account, the commissions of the delinquent, which shall be forfeited in every instance where suit is commenced and judgment obtained thereon, and an interest of six per centum per annum, from the time of receiving the money until it shall be repaid into the Treasury. [See DISTRESS-WARRANTS.] Title 70, Chap. 6. SEC. 5488. Every disbursing officer of the United States who deposits Disbursing offi- any public money intrusted to him in any place or in any manner, cer unlawfully de- except as authorized by law, or converts to his own use in any way positing, convert- whatever, or loans with or without interest, or for any purpose not preing, loaning, or scribed by law withdraws from the Treasurer or any assistant treasurer, transferring public money. or any authorized depository, or for any purpose not prescribed by law, transfers or applies any portion of the public money intrusted to him, is, in every such act, deemed guilty of an embezzlement of the money so deposited, converted, loaned, withdrawn, transferred, or applied; and shall be punished by imprisonment with hard labor for a term not less than one year nor more than ten years, or by a fine of not more than the amount embezzled or less than one thousand dollars, or by both such fine and imprisonment. [See 5497, under EMBEZZLEMENT; see also under heads of ACCOUNTS, CHECKS, DISTRESS-WARRANTS, and PAY CORPS.] Sec. DISMISSAL OF OFFICERS. 1441. Officers dismissed or resigning to escape dis missal. 1624. Dismissal of officers. Officers dis Sec. Officers dismissed by President may de- Title 15, Chap. 2. SEC. 1441. No officer of the Navy who has been dismissed by the sentence of a court-martial, or suffered to resign in order to escape such missed, or resign- dismissal, shall ever again become an officer of the Navy.* ing to escape dismissal. cers. SEC. 1624, ART. 36. No officer shall be dismissed from the naval service Title 15, Chap. 10. except by the order of the President or by sentence of a general courtmartial; and in time of peace no officer shall be dismissed except in Dismissal of offipursuance of the sentence of a general court-martial or in mitigation thereof. Officerdismissed ART. 37. When any officer, dismissed by order of the President since by the Presi- 3d March, 1865, makes, in writing, an application for trial, setting forth, dent may demand under oath that he has been wrongfully dismissed, the President shall, as soon as the necessities of the service may permit, convene a courtmartial to try such officer on the charges on which he shall have been dismissed. And if such court-martial shall not be convened within six months from the presentation of such application for trial, or if such court, being convened, shall not award dismissal or death as the punishment of such officer, the order of dismissal by the President shall be void. [See act of June 22, 1874, infra.] trial. June 22, 1874. An act for the better government of the Navy of the United States. SEC. 2. That the accounting officers of the Treasury be, and are hereby, prohibited from making any allowance to any officer of the Navy who has been, or may hereafter be, dismissed from the service and restored to the same under the provisions of the twelfth section of the act of March third, eighteen hundred and sixty-five, entitled "An act to amend the several acts heretofore passed to provide for the enrolling and calling out the national forces, and for other purposes," to exceed more than pay as on leave for six months from the date of dismissal, unless it shall appear that the officer demanded in writing, addressed to the Secretary of the Navy, and continued to demand as often as once in six months, a trial as provided for in said act. Approved, June 22, 1874. *Act of July 16, 1862; 12 Stat., p. 585. SEC. 3625. Whenever any collector of the revenue, receiver of public money, or other officer who has received the public money before it is paid into the Treasury of the United States, fails to render his account, or pay over the same in the manner or within the time required by law, it shall be the duty of the First Comptroller of the Treasury to cause to be stated the account of such officer, exhibiting truly the amount due to the United States, and to certify the same to the Solicitor of the Treasury, who shall issue a warrant of distress against the delinquent officer and his sureties, directed to the marshal of the district in which such officer and his sureties reside. Where the officer and his sureties reside in different districts, or where they, or either of them, reside in a district other than that in which the estate of either may be, which it is intended to take and sell, then such warrant shall be directed to the marshals of such districts, respectively. Title 40. Distress-war. rant. SEC. 3626. The warrant of distress shall specify the amount with Contents of warwhich such delinquent is chargeable, and the sums, if any, which have rant. been paid. SEC. 3627. The marshal authorized to execute any warrant of distress shall, by himself or by his deputy, proceed to levy and collect the sum remaining due, by distress and sale of the goods and chattels of such delinquent officer; having given ten days' previous notice of such intended sale, by affixing an advertisement of the articles to be sold at two or more public places in the town and county where the goods or chattels were taken, or in the town or county where the owner of such goods or chattels may reside. If the goods and chattels be not sufficient to satisfy the warrant, the same may be levied upon the person of such officer, who may be committed to prison, there to remain until discharged by due course of law. Execution against officer. SEC. 3628. If the delinquent officer absconds, or if goods and chattels Execution belonging to him cannot be found sufficient to satisfy the warrant, the against surety. marshal or his deputy shall proceed, notwithstanding the commitment of the delinquent officer, to levy and collect the sum which remains due by such delinquent, by the distress and sale of the goods and chattels of his sureties; having given ten days' previous notice of such intended sale, by affixing an advertisement of the articles to be sold at two or more public places in the town or county where the goods or chattels were taken, or in the town or county where the owner resides. Levy to be a SEC. 3629. The amount due by any delinquent officer is declared to be a lien upon the lands, tenements, and hereditaments of such officer and lien. his sureties, from the date of a levy in pursuance of the warrant of distress issued against him or them, and a record thereof made in the office of the clerk of the district court of the proper district, until the same is discharged according to law. SEC. 3630. For want of goods and chattels of a delinquent officer, or Sale of lands his sureties, sufficient to satisfy any warrant of distress issued pursuant regulated. to the foregoing provisions, the lands, tenements, and hereditaments of such officer and his sureties, or so much thereof as may be necessary for that purpose, af er being advertised for at least three weeks in not less than three public places in the county or district where such real estate is situate, before the time of sale, shall be sold by the marshal of such district or his deputy. SEC. 3631. For all lands, tenements, or hereditaments sold in pursu- Conveyance ance of the preceding section, the conveyance of the marshal or his dep- of lands. uty, executed in due form of law, shall give a valid title against all per sons claiming under such delinquent officer or his sureties. plus. SEC. 3632. All moneys which may remain of the proceeds of sales, Disposal of surafter satisfying the warrant of distress, and paying the reasonable costs and charges of the sale, shall be returned to such delinquent officer or surety, as the case may be. |