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this act as to
ter” and “con
crimes and offences committed by citizens of the United States, shall ex
Provisions of tend to Turkey, under the treaty with the Sublime Porte of May seventh, crimes and ofeighteen hundred and thirty, and shall be executed in the Ottoman do- sences to extend minions in conformity with the provisions of said treaty, and of this act,
Vol. viii. p. 408. by the minister of the United States and the consuls of the United States [appointed] to reside therein, who are hereby ex officio vested with the powers herein conferred upon the minister and consuls in China, for the purposes above expressed, so far as regards the punishment of crime, and also for the exercise of jurisdiction in civil cases wherein the same is permitted by the laws of Turkey, or its usages in its intercourse with the Franks or other foreign Christian nations. SEC. 22. That the word minister, when used in this act, shall be un- Meaning of
words " minisderstood to mean the person invested with, and exercising, the principal diplomatic functions in each of the countries mentioned in the first section of sul,” in this act. this act. The word consul.shall be 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 in any of the countries herein named. And if at any time there be no minister of the United States in either of the countries hereinbefore mentioned, the judicial duties which are imposed by this act upon the minister, shall devolve upon the consul-general or consul residing at the capital of the country, who is hereby authorized and required to discharge the same.
Sec. 23. That all such officers shall be responsible for their conduct to These officers the United States, and to the laws thereof, not only as diplomatic or consu- responsible to lar functionaries, respectively, but as judicial officers, when they perform ju- States. dicial duties, and shall be held liable for all negligences and misconduct as public officers.
Sec. 24. That capital cases for murder or insurrection against the Murder and ingovernment of either of the countries hereinbefore mentioned, by citizens surrection, how of the United States, or for offences against the public peace amounting to felony under the laws of the United States, may be tried before the minister of the United States in the country where the offence is committed if allowed jurisdiction ; and it shall be competent for each of the said ministers to issue all manner of writs, to prevent the citizens of the United States from enlisting in the military or naval service of either of the said Enlistments countries, to make war upon any foreign power with whom the United may be preventStates are at peace, or in the service of one portion of the people against any other portion of the same people; and he may carry out this power by a resort to such force as may at the time be within his reach, belonging to the United States. Sec. 25. That the President be, and he is hereby, authorized to ap
Marshals may point marshals for such of the consular courts in the said countries as he
be appointed for may think proper, not to exceed seven in number, namely, one in Japan, four in China, one in Siam, and one in Turkey, who shall each receive an annual salary of one thousand dollars per annum, in addition to the fees Pay. allowed by the regulations of the said ministers, respectively, in the said countries; and it shall be the duty of the said marshals, respectively, to Duties. execute all process issued by the minister of the United States in the said countries, respectively, or by the consul at the port at which they reside, and to make due return of the same to the officer by whom the same was issued, and to conform, in all respects, to the regulations prescribed by the said ministers, respectively, in regard to their duties. And the said marshals shall give bond for the faithful performance of the Bond. duties of the office, before entering upon the duties of the same, which bond shall be in a penal sum not to exceed ten thousand dollars, with two sureties to be approved by the Secretary of State of the United States; and the said bond shall be transmitted to the Secretary of the Treasury, and a certified copy thereof be lodged in the office of the minister. And in case any person aggrieved by the misconduct of any
of the said marshals should desire to bring suit upon any of the said bonds, it shall be the duty of the Secretary of the Treasury, or the minister having custody of a copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy so furnished and
certified suit may be brought and prosecuted with the same effect as could Proviso.
be done upon the original: Provided, That upon a plea of non est factum verified upon oath, or any other good cause shown, the court or the consul or minister trying the cause may require the original to be produced ; and when so required, it shall be the duty of the Secretary of the Treasury
to forward the original bond to the court or consul or minister requiring Proviso.
the same: And provided further, That before a copy of any such bond shall be furnished for suit, it shall be the duty of the Secretary of the Treasury, or the minister to whom the application is made, to require prima facia proof, to be judged of by the Secretary of the Treasury or the
minister having charge of the copy, that there is probable cause of action Proviso. against the marshal making the bond: And provided further, That all
rules, orders, writs, and processes of every kind which are intended to operate or be enforced against any of the said marsbals, in any of the countries named in this act, shall be directed to and executed by such person as may be appointed for that purpose by the minister or consul
issuing the same. Expenses of Sec. 26. That the President be, and is hereby, authorized to allow, in buildings for
the adjustment of the accounts of each of the said ministers or consuls, prisons, &c. to be allowed in ac- the actual expenses of the rent of suitable buildings, or parts of buildings counts, &c.
to be used as prisons for American convicts in the said countries, not to exceed in any case the rate of six hundred dollars a year; and also the wages of the keepers of the same, and for the care of offenders, not to exceed, in any case, the sum of eight hundred dollars per annum, and provided that no more than one prison shall be hired in Japan, four in China, one in Turkey, and one in Siam, at such port or ports as the minis
ter, with the sanction of the President, may designate. Appellate ju- Sec. 27. That the jurisdiction of the respective ministers in the counrisdiction. tries hereinbefore named, where the same is allowed by treaty, in all mat
ters of civil redress or of crimes, except in the cases mentioned in the twenty-fourth section, shall be appellate only, and to be exercised wherever in the said countries they may be, respectively, except also in cases where a consular officer shall happen to be interested either as party or witness, in which case original jurisdiction is invested in the said minis
ters, respectively. Provisions of
Sec. 28. That the provisions of this act be, and the same are hereby, the act extended extended to Persia in respect to all suits and disputes which may arise to Persia;
between citizens of the United States therein ; and the minister and consuls who may be appointed to reside in Persia are hereby invested, in relation to the said suits and disputes, with such powers as are by this act conferred upon the minister and consuls in China. And all suits and disputes arising in Persia between Persian subjects and citizens of the United States, shall be carried before the Persian tribunal, to which such matters are usually referred, at the place where a consul or agent of the United States inay reside, and shall be discussed and decided according to equity, in the presence of an employee of the consul or agent of the United States; and it shall be the duty of the consular officer to attend the trial in person, and see that justice is administered. And all suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers, shall be tried and adjudicated by the intermediation of their respective ministers or consuls, in accordance with such regulations as shall be mutually agreed upon by the minister of the United States for the time being, and the ministers of such foreign powers, respectively, which regulations shall, from time to time, be submitted to the Secretary of State of the United States.
Sec. 29. That the provisions of this act, so far as the same are in to Tripoli, Tuconformity with the stipulations in the existing treaties between the nis Morocco, United Siates and Tripoli, Tunis, Morocco, and Muscat, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the said treaties, and of the provisions of this act, by the consuls appointed by the United States to reside therein, who are hereby, ex officio, invested with the powers herein delegated to the ministers and consuls of the United States appointed to reside in the countries named in the first section of this act, so far as the same can be exercised under the provisions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages of the said countries in their intercourse with the Franks or other foreign Christian nations.
Sec. 30. That the consuls and commercial agents of the United Authority of States at islands or in countries not inhabited by any civilized people, or
consuls, &c. in recognized by any treaty with the United States, be, and the same are countries. hereby, authorized to try, hear, and determine all cases in regard to civil rights, whether of person or property, where the real debt and damages do not exceed the sum of one thousand dollars, exclusive of costs, and upon full hearing of the allegations and evidence of both parties to give judgment according to the laws of the United States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction. And the said consuls and commercial agents, respectively, are hereby invested with the powers conferred by the provisions of the seventh and eighth sections of this act for trial of offences or misdemeanors. Sec. 31. That all marriages in the presence of any consular officer in a Marriages
abroad in presforeign country, between persons who would be authorized to marry if re
ence of consular siding in the District of Columbia, shall have the same force and effect, officer. and shall be valid to all intents and purposes, as if the said marriage had been solemnized within the United States. And in all cases of marriage before any consular officer, the said consular officer shall give to each of the parties a certificate of such marriage, and shall also send a certificate Certificate thereof to the Department of State, there to be kept ; which certificate thereof. shall specify the names of the parties, their ages, places of birth, and residence. Sec. 32. That all acts and parts of acts inconsistent with the provisions Repealing
clause. of this act shall be, and the same are hereby, repealed. Sec. 33. That this act shall take effect on the first day of July, eighteen When act to
take effect. hundred and sixty.
No. 399. — JUNE 23, 1860. CHAP. CCV. - An Act making Appropriations for the Legislative, Executive, and Stat. at Large, Judicial Erpenses of Government for the Year ending the thirtieth of June, eighteen hun- Vol. XII. p. 91. dred and sixty-one. Sec. 3. That all purchases and contracts for supplies or services in any
Purchases and of the departments of the government, except for personal services, when cept for personal the public exigencies do not require the immediate delivery of the article services, &c. to or articles, or performance of the service, shall be made by advertising, a be made after
advertising for sufficient time previously, for proposals respecting the same. mediate delivery or performance is required by the public exigency, the articles or service required may be procured by open purchase or contract at the places and in the manner in which such articles are usually bought and sold, or such services engaged between individuals. No contract or Contracts, &c. purchase shall hereafter be made unless the same be authorized by law, not to be made or be under an appropriation adequate to its fulfilment, except in the War ized by law. and Navy Departments, for clothing, subsistence, forage, fuel, quarters or Except, &c.
When im- proposals.
transportation, which, however, shall not exceed the necessities of the curPatent arms, rent year. No arms, nor military supplies whatever, which are of a pat&c. not to be
ented invention, shall be purchased, nor the right of using or applying any bought, &c.
patented invention, unless the same shall be authorized by law, and the appropriation therefor explicitly set forth that it is for such patented invention.
Stat. at Large, CHAP. XI. – An Act to continue in Force an Act therein mentioned, relating to the Port Vol. XII. p. 125.
of Baltimore. Act of 1800, ch. Be it enacted, 8c. That the act passed the seventeenth day of March, 15. Ante, p. 142, revived in part' one thousand eight hundred, entitled “ An act declaring the assent of Conand extended to gress to certain acts of the States of Maryland and Georgia,” and which March 3, 1871. See acts 1808,
by subsequent acts have been continued in force until the third day of ch. 47; 1814, ch! March, one thousand eight hundred and sixty-one, be and the same, so far 60; 1822, ch. 29; as it relates to the act of the State of Maryland, is hereby revived and ch.34; 1843, ch! continued in force until the third day of March, one thousand eight hun45; 1850, ch! 17. dred and seventy-one: Provided, That the duty shall not be levied on any Proviso.
vessel more than once in any month.
No. 401. FEBRUARY 28, 1861.
CHAP. LVIII. – An Act making Appropriations for the Consular and Diplomatic Ex
penses of the Government for the Year ending the thirtieth of June, eighteen hundred and
sixty-two. Office of consul-general at Si
Be it enacted, &c. *** The office of consul-general at Simoda is heremoda abolished. by abolished. And the salaries of the consuls at Kanagawa and Nagasaki,
in Japan, shaļl be three thousand dollars each.
No. 402. — MARCH 2, 1861.
CHAP. LXVIII. - An Act to provide for the Payment of outstanding Treasury Notes, p.
to authorize a Loan, to regulate and fix the Duties on Imports, and for other Purposes.* Railroad iron. SEC. 27. Railroad iron, partially or wholly worn, may be imported
into the United States without payment of duty, under bond to be withdrawn and exported after the said railroad iron shall have been repaired or remanufactured; and the Secretary of the Treasury is hereby authorized and directed to prescribe such rules and regulations as may be necessary to protect the revenue against fraud, and secure the identity, character, and weight of all such importations when again withdrawn and exported, restricting and limiting the export and withdrawal to the same port of entry where imported, and also limiting all bonds to a period of time of not
more than six months from the date of the importation. Market value Sec. 28. In all cases where the duty upon any imports of goods, wares, to be of the day or merchandise shall be subject to be levied upon the true market value of actual ship
of such imports in the principal markets of the country from whence the importation shall have been made, or at the port of exportation, the duty shall be estimated and collected upon the value on the day of actual shipment whenever a bill of lading shall be presented showing the date of shipment, and which shall be certified by a certificate of the United States
consul, commercial agent, or other legally authorized deputy. Annual statis- Sec. 29. The annual statistical accounts of the commerce of the United tical accounts of States with foreign countries, required by existing laws, shall hereafter be
* The first four sections of this act have no relation to the subjects embraced in Part I. of this compilation, but will be found in Part III. The other sections not here inserted relate to rates of duties on imports; and such of them as remain in force will be found in Part II.
made up and completed [by the register of the treasury] under the di- foreign comrection of the Secretary of the Treasury, so as to comprehend and include, be made up. in tabular form, the quantity by weight or measure, as well as the amount 1866.ch.298,9 13. of value, of the several articles of foreign commerce, whether dutiable or otherwise ; and also a similar and separate statement of the commerce of the United States with the British Provinces, under the late, so-called, reciprocity treaty with Great Britain.
Sec. 30. From and after the day and year aforesaid, there shall be Drawback on allowed a drawback on foreign hemp manufactured into cordage in the foreign hemp. United States and exported therefrom, equal in amount to the duty paid on the foreign hemp from which it shall be manufactured, to be ascertained under such regulations as shall be prescribed by the Secretary of the Treasury, and no more: Provided, That ten per centum on the amount of all drawbacks so allowed shall be retained for the use of the United States by the collectors paying such drawbacks respectively.
Sec. 31. All acts and parts of acts repugnant to the provisions of this Repealing act, be, and the same are hereby, repealed : Provided, That the existing
Saving of exlaws shall extend to, and be in force for, the collection of the duties im- isting laws as to posed by this act, for the prosecution and punishment of all offences, and collection, punfor the recovery, collection, distribution, and remission of all fines, penal
ishments, &c. ties, and forfeitures, as fully and effectually as if every regulation, penalty, forfeiture, provision, clause, matter, and thing to that effect, in the existing laws contained, had been inserted in and re-enacted by this act.
Sec. 32. When merchandise of the same material or description, but of . When goods of different values, are invoiced at an average price and not otherwise provid- are in same ined for, the duty shall be assessed upon the whole invoice at the rate the voice, duties how highest valued goods in such invoice are subject to under this act. The assessed. words value and valued, used in this act, shall be construed and understood as meaning the true market value of the goods, wares, and merchandise in the principal markets of the country from whence exported at the date of exportation. Sec. 33. All goods, wares, and merchandise actually on shipboard, and
Goods on ship
board and in pubbound to the United States, within fifteen days after the passage of this
lic warehouses. act, and all goods, wares, and merchandise in deposit in warehouse or public store on the first day of April, eighteen hundred and sixty-one, shall be subject to pay such duties as provided by law before and at the time of the passage of this act; and all goods in warehouse at the time this act takes effect, on which the duties are lessened by its provisions, may be withdrawn on payment of the duties herein provided.
No. 403. MARCH 2, 1861.
Be it enacted, &c. That the new silver florin of Austria shall, in all computations at the custom-house, be estimated at forty-six cents and nineteen hundredths of a cent.
Stat, at Large, Vol. XII. p. 207.
No. 404. March 2, 1861.
Stat. at Large,
Vol. XII. p. 209. Act to regulate the Collection of Duties on Imports and Tonnage,” approved the second Day of March, one thousund seven hundred and ninety-nine.
1799, ch. 22, § 56.
Ante, p. 100. Be it enacted, &c. That whenever any goods, wares, or merchandise, When collector shall be imported into any port of the United States from any foreign port, sion of certain in any ship or vessel, at the expiration of eight working days, if the ship imports. or vessel shall be less than three hundred tons' burden, and within twelve working days, if it be of three hundred tons' burden and less than eight hundred, and within fifteen days, if it be of eight hundred tons' burden and