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Tuscany.-Leghorn, one thousand five hundred dollars.
Hanseatic and Free Cities.—Bremen and Hamburg, each two thousand dollars.
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.
, 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.
III. Commercial Agents.
St. Domingo (Island).—Port-au-Prince, two thousand dollars. St.
Great Britain.-Capetown and Falkland Islands, each, one thousand dollars.
Austria.—Venice, seven hundred and fifty dollars.
Portugal.-Fayal and Santiago, (Cape de Verdes,) each, seven hundred and fifty dollars.
Denmark.-Saint Croix, seven hundred and fifty 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.
II. Commercial Agents.
All others to
Liberia.—Monrovia and Gaboon, each, one thousand dollars.
St. Domingo (Island).-Cape Haytien, one thousand dollars. Aux Cayes, five hundred dollars.
Russia in Asia.-Amoor River, one thousand dollars.
Sec. 4. And be it further enacted, That consuls general, consuls, and commercial agents, not embraced in Schedules B and C, shall be entitled, have only their as compensation for their services, to such fees as they may collect in pursuance of the provisions of this act, respectively.
Sec. 5. And be it further enacted, That no consul general, consul, No consul, or commercial agent, embraced in Schedule B, shall, while he holds his &c., embraced office, be interested in or transact any business as a merchant, factor, to be engaged broker, or other trader, or as a clerk or other agent for any such person in mercantile to, from, or within the port, place, or limits of his consulate, or commer
business. cial 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
Bond to that thereof, not to violate this prohibition ; and if appointed before, and
given. 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 Penalty for States, equal in amount to the annual compensation specified for him in violation. 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 Ondition 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. And be it further enacted, That the President be, and is Interpreters hereby authorized to appoint three interpreters of the Chinese language, for consuls in who shall be entitled to compensation 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. And be it further enacted, That the President be, and is Consular hereby authorized, whenever he shall think the public good will be pro
pupils. moted thereby, to appoint consular pupils, not to exceed twenty-five in number at any one time, who shall be citizens of the United States, and entitled to compensation for their services, respectively, at a rate not to exceed one thousand dollars per annum, to be determined by the President; and to assign such pupils, from time to time, to such consulates, and with such duties as he may [think] proper; and before the appointment of any such pupil shall be made, satisfactory evidence, by examination or otherwise, shall be furnished of his qualifications and fitness
Examination for the office to the Secretary of State, and by him laid before the of fitness. President.
SEC. 8. And be it further enacted, That no person appointed after this When compenact shall take effect, to any such office as is mentioned in the first, second, sation is to comthird, sixth, or seventh sections of this act, shall be entitled to compensa
mence and cease,
or be suspended. tion for his services therein, 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 time as shall be actually and necessarily occupied in receiving his instructions, 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 instructions, 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. When a diplo
Sec. 9. And be it further enacted, That when to any diplomatic office matic officer re- held by any person there shall be superadded another, such person shall ceives an added be allowed additional compensation for his services, in such superadded have half the office, at the rate of fifty per centum of the amount allowed by this act pay of the added for such superadded office, and such superadded office shall be deemed to office.
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 termi
nation of the period of such superadded office so limited, and no longer. Pay of secre Sec. 10. And be it further enacted, That for such time as any secretaries acting as chargé d'affaires.
tary of legation shall be lawfully 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 consu Sec. 11. And be it further enacted, That for such time as any conlar officers per- sular officer shall be authorized, pursuant to the provisions of this act, to matic functions. 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. When consular Sec. 12. And be it further enacted, That no consular officer shall officers may ex- exercise diplomatic functions, or hold any diplomatic correspondence or ercise diplomatic functions. relation on the part of the United States, in, with, or to the government
or country to which he shall be appointed, or any other country or gov. ernment, 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 Sec. 13. And be it further enacted, That every consul general, consul, suls, general.com and commercial agent, appointed before, and retained in office after this mercial agents. act shall take effect, 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 Preside shall prescribe, con oned 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 shall be authorized to require a new or additional New bond may bond from any such consul general, consul, or commercial agent, in like be required. 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.
Sec. 14. And be it further enacted, That the President be, and he is President may bereby authorized to define the extent of country to be embraced within define the limits any consulate or commercial agency, and to provide for the appointment &c., and appoint of vice consuls, vice commercial agents, deputy consuls, and consular vice consuls, &c. agents, therein, in such manner 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 Their pay to place such appointment shall be made ; and no vice consul, vice com- be out of the al
lowance of their mercial agent, deputy consul or consular agent, shall be appointed other
principals. wise than in such manner and under such regulations as the President shall prescribe, pursuant to the provisions of this act. Sec. 15. And be it further enacted, That every vice 'consul and vice Pay of vice
consuls and vice commercial agent shall be entitled, as compensation for his services as
commercial such, to the whole or so much of the compensation of the principal con
agents. sular 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 compen Pay of consusation for his services, to such fees as he may collect in pursuance of lar agents. 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 Presi- President inay dent shall have power to subject any consul or commercial agent contem- interdict trade to plated by the fourth section of this act, and any vice consul, vice com- any consul, &c.,
or vice consul, mercial agent, deputy consul or consular agent to the prohibition as to &c. trade contained in the fifth section of this act, and 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. Sec. 16. And be it further enacted, That the President be, and is
President may hereby authorized to prescribe, from time to time, the rates or tariffs of establish fees, fees to be charged for offfcial 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
To report the
same annually. 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 registered as such, and bound on any foreign
ances a copy of voyage, to annex thereto, in every case, a copy of the rates or tariffs of such tariff.
VOL. XI. PUB.-8
Collectors to annex to clear
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 Consuls, &c., to keep up in their offices, respectively, a copy of such rates or tariffs as to keep a copy shall be in force, in a conspicuous place, and subject to the examination
of all persons interested therein. Receipts to be Sec. 17. And be it further enacted, That it shall be the duty of all given for fees. consular officers to give receipts for all fees which shall be collected for
their official services respectively, expressing the particular services for Penalty for which the same were collected, and if any such consular officer shall extortion. 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 May be off set
form of action, to and for the use of such person, besides costs of to compensation. suit. And in any such case the Secretary 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 Fees to be ac- proper so to do. counted for.
Sec. 18. And be it further enacted, 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, Returns to be consuls, and commercial agents as are allowed for their compensation the made.
whole or any part of 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 vice consul, or vice commercial Penalty for
agent, appointed to perform the duty of any such officer mentioned in omission to col- 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
collected the same, unless, upon good cause shown therefor, the Secretary Acconnts and of the Treasury shall think proper to remit the same; and every consubooks of fees, lar officer shall number all receipts given by him for fees received for how to be kept. 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