■4, , •>». fflotttell Uttiret^itg pitet!j THE GIFT OF ^AA^^Ml^mAlL^ k,\%-\Mi. .s\s\»5-.„ JX 1 /oe-Anwe """"">' """'^ 'llttiMi;SSSSltS.(;».he yse Of th 3 1924 007 493 780 Cornell University Library The original of this bool< is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924007493780 REGULATIONS PKKSOEIBED FOR THE USE OF THE CONSULAR SERVICE THE UNITED S T A T E S _ ^i:s3»a' WASHINGTON : GOVERNMENT PRINTING OFFICE. 1896. Executive Mansion, Washington, December 31, 1896. In accordance with the provisions of law the following revised reg- ulations and instructions, including a tariff of fees to be charged for offlcial services, are hereby prescribed for the information and gov- ernment of the Consular Officers of the United States. Groveb Cleveland. Department op State, Washvngton, December 31, 1896. I transmit herewith, for your information and government, the accom- panying revised regulations and instructions, which have been pre- scribed by the President. They are intended to supersede those which have been heretofore issued by this Department, and are to be carefully observed in all respects. I am, sir, your obedient servant, Richard Olnet. To the several Consular Officers of the United States. II TABLE OF CONTENTS. Page. Explanation of abbreviations xix Introduction. Origin and history of Consular jurisdiction 1 Art. I. The Consular Service. ' 3 Consuls-General 4 Consuls •. - 6 Commercial Agents .- 6 Vice-Consular OfBcers 7 Deputy Consular Officers 8 Vice and Deputy Consuls-General 8 Consular Agents. _ 8 Consular Clerks 9 Interpreters __ .._ _-. 10 Marshals _ _ _ 11 Clerks at Consulates 11 Limits of Consular Districts ^ 12 II. Appointment and qualification 12 III. Entry upon discharge of duties _ 18 IV. Privileges and powers under the Law of Nations 27 V. Privileges and powers under treaties and conventions. 30 Favored-nation clause 80 Inviolability of the archives and papers of the Consulate 31 Inviolability of the Consular Office and dwelling . 81 Exemption from arrest •- 31 Exemption from obligation to appear as a witness 32 Exemption from taxation _ 82 Exemption from military billetings, or service and public service . _ _ 33 Infraction of treaties 38 III IV TABLE OF CONTENTS. Page. Aet. V. Privileges and powers under treaties and conven- tions — Continued. Use of national arms and flags on offices and dwellings - 33 Depositions .-. -- 34 Jurisdiction over disputes between masters, offi- cers, and crews- . _ _._.-_ 84 Right to reclaim deserters 34 Salvage and wrecks - 35 Personal eflfects of deceased citizens of the United States - - 35 Extradition of fugitive criminals 36 Judicial powers ._ 36 VI. Supervisory powers of Consuls-General 37 VII. Supervisory powers of diplomatic representatives . - 39 VIII. Relations to naval officers of the United States 41 IX. Correspondence with the Department of State 43 X. Citizens, passports and protection 49 XI. Merchant vessels 61 XII. Shipment of seamen _ _ 67 XIII. Discharge of seamen _ _ 72 XIV. Wages, extra wages, and effects of seamen 79 XV. Relief of seamen 97 XVI. Transportation of seamen _ 104 XVII. Desertion of seamen 111 XVIII. Disputes between masters, officers, and crews 118 XIX. Wrecked and stranded vessels, and surveys . _ 124 XX. American or foreign-built vessels transferred abroad to citizens of the United States _ 132 XXI. Mutiny and insubordination, and the transportation of persons charged with crimes against the United States _ _ _ 136 XXII. Immigration and quarantine _ . _ 142 XXIII. Personal effects of citizens dying without the United States ,- 154 XXIV. Miscellaneous instructions: Marriages 164 Extradition of fugitives from justice 166 Taxes and duties 167 TABLE OP CONTENTS. V Aet. XXIV. Miscellaneous instructions — Continued. Page. Requisitions for supplies 168 Invoices of supplies _ _ . 169 Annual furniture schedules . _ 169 Recommendations for office 171 Public speeches ___ _ 171 Correspondence with the press _ 172 Relations with Government officials 173 Precedence of Consular Officers _ 173 Foreign inventions submitted for examination of United States Government 174 Information as to light-houses, buoys, shoals, etc- 175 Use of Government dispatch bags 175 Verification of powers to transfer stocks of the United States-.. 176 Letters uncalled for 176 Letters detained at foreign ports 177 Presents and testimonials from foreign powers. . _ 177 Consular uniforms _ 178 Consular Officers acting for foreign States 178 Authentication of pensioli papers 178 Use of official title and seal ^ 179 Consuls not to assume pecuniary responsibility for citizens of the United States 179 Use of, name as business reference; reporting financial standing of foreign business men or houses - - 180 Answers to inquiries of citizens of the United States 180 Letters of introduction 181 Use of the telegraph 181 Circulars _ - - _ 181 Alterations of official forms - 182 Leave of absence - 183 Leave of absence for Vice-Consular Officers, sub- ordinate officers, and employees 185 Examination of titles and other unofficial services _ 190 Notarial acts - 191 XXV. Compensation of Consular Officers 195 VI TABLE OP CONTENTS. Pago. Akt. XXVI. Consular fees _ 205 XXVII. Consular accounts and returns - 319 Vouchers _ 322 Contingent expenses United States Consulates . . . 332 Allowance for clerks at Consulates 226 Consular court and prison accounts in non-Chris- tian countries 336 Relief and protection of American seamen 327 Salaries, Consular Service. 329 Official fees 233 Drafts and accounts during the absence of sala- ried principal officers 335 Compensation from Consular fees received 336 Accounts for pay for services to American ves- sels and seamen. _ _ 387 Salaries of Consular Clerks __ _ 340 Drafts - 340 Summary of returns and accounts _ 344 Indorsement of accounts and returns _ 346 XXVIII. Consular reports.' 348 Reports for the use of the Treasury Department. 357 Reports for the use of the Department of Agri- culture 357 XXIX. Record books and archives .. 258 XXX. Judicial powers in non-Christian countries 263 XXXI. Customs regulations: Invoices of importations. 276 Sealing of cars entering the United States from Canada 298 Documentation of merchandise for free entry 300 Returned American merchandise 304 Marks of country of origin. 808 Convict-made merchandise 310 Landing certificates 311 Consuls and special Treasury agents 817 Appendix No. I. The Constitution of the United States _ 319 TABLE OP CONTENTS. VII Appendix No. II. Page. Extracts from the statutes of the United States relative to the Consular Service. _ 337 General provisions _ 339 Diplomatic and Consular Officers 340 Citizenship 860 Naturalization 362 Immigration 368 Collection of duties 403 The public moneys 437 The postal service _ 438 Foreign relations _ _ _ _ 438 Regulation of commerce and navigation 444 Regulation of vessels in foreign commerce 447 Merchant seamen _ 448 The public health 501 Extradition 513 Penalties _ _ 513 Appendix No. III. Treaties and extracts from Treaties relating to Consular Officers. Argentine Republic, July 27, 1853 (friendship, commerce, and navigation) _ '_ 517 Austria-Hungary, July 11, 1870 (rights, privileges, and immuni- ties of Consuls) 518 Belgium, March 9, 1880 (rights, privileges, and immunities of Consuls) i - -. 534 Bolivia, May 13, 1858 (peace, friendship, commerce, and naviga- tion) 530 Borneo, June 23, 1850 (peace and friendship) , 531 Bremen (see Hanseatic Republics) . 579 China, July 3, 1844 (peace, amity, and commerce) 533 JunelS, 1858. --- 540 Supplemental treaty, November 17,1880 547 Immigration treaty, November 17, 1880 549 Convention, March 17, 1894 (emigration between the two countries) ... _ 550 Colombia, May 4, 1850, with New Granada (Consular privileges) . 553 Tin TABLE OF CONTENTS. Page. . Corea, or Chosen (see Korea) 606 Costa Bica, July 10, 1851 (friendship, commerce, and navigation) . 557 Denmark, April 26, 1836 (friendship, commerce, and navigation). 558 July 11, 1861_ _ 559 Dominican Republic, February 8, 1867 (amity, commerce, naviga- tion, and extradition) _ 561 Ecuador, June 13, 1839 (peace, friendship, navigation, and com- merce) _ . _ _ _ 562 Egypt. (See United States Treaties and Conventions, 1887.) France, February 23, 1853 (Consular privileges) 564 German Empire, December 11, 1871 (Consuls and trade-marks),. 570 Great Britain, July 8, 1815 (commerce) 576 June 3, 1892 (reclamation of deserting seamen) 577 Greece, December J§, 1837 (amity and commerce) _ _ 577 Hamburg (see Hanseatic Republics) _ 579 Hanseatic Republics: Additional article to the convention of friendship, commerce, and navigation of the 20th of December, 1827, between the United States of America and the Hanseatic Republics of Lubeck, Bremen, and Hamburg, concluded June 4, 1828 579 Convention for the mutual extension of the jurisdiction of Consuls between the United States of America and the Free and Hanseatic Republics of Hamburg, Bremen, and Lubeck, concluded April 30, 1852 580 Hawaiian Islands, December 20, 1849 (friendship, commerce, and navigation) 581 Hayti, November 8,1864 (amity, commerce, navigation, and extra- dition) 583 Honduras, July 4, 1864 (friendship, commerce, and navigation).. 584 Italy, May 8, 1878 (rights, privileges, and immunities of Consular Officers) _ _ 585 Substituted by treaty February 24, 1881 589 Japan, March 31, 1854 (peace and amity) _ 592 July 29, 1858 (peace and friendship) 593 Regulations under which American t rade is to be con- ducted in Japan. _ 596 May 17, 1880 (shipwreck expenses) 601 November 23, 1894 (goes into effect July 16, 1899) 602 TABLE OP CONTENTS. IX Page. Kongo Free Sta(;p, January 34, 1891 (amity, commerce, and navi- gation) _.. 605 Korea, or Chosen, May 32, 1883 (commerce, etc. ) 606 Liberia, October 31, 1863 (commerce and navigation) _ 609 Lubeck (see Hanseatic Republics) 579 Madagascar, May 13, 1881 (friendship and commerce). (SeeTreaty volume, title Madagascar.) Maskat, September 31 , 1833 (amity and commerce) 609 Mexico, April 5, 1831 (amity, commerce, and navigation), termi- nated by notice given by Mexico, November 30, 1880 610 Morocco, September 16, 1836 (peace and friendship) 613 Convention, July 3, 1880 (right of protection in Morocco) . 613 Muscat (see Maskat)... __ 609 Netherlands, January 23, 1855 (Consular privileges in colonies).. 618 May 23, 1878 (rights, privileges, and immunities of Consular Of&cers not applicable to colonies) 622 New Granada (see Colombia) 552 Nicaragua, June 31, 1867 (friendship, commerce, and navigation). 629 Orange Free State, December 33, 1871 (friendship, commerce, and extradition) _ _ ._ 630 The Ottoman Porte, May 7, 1830 (commerce and navigation) 633 Protocol, August 11, 1874 (rights of foreigners to hold real estate in the Ottoman Einpire) _ 633 Paraguay, February 4, 1859 (friendship, commerce, and naviga- tion) 636 Persia, December 13, 1856 (friendship and commerce) 637 Peru, August 31, 1887 (friendship, commerce, and navigation) 639 Portugal, August 36, 1840 (commerce and navigation) 641 Boumania, Consular Convention June 5, 1881 643 Russia, December ^, 1833 (navigation and commerce) 649 The Samoan Islands, January 17, 1878 (friendship and commerce) _ 650 Serbia, Consular Convention October ^, 1881 651 Siam, May 39, 1856 (peace and friendship) _ . . . 651 General regulations under which American trade is to be con- ducted in Siam 654 Spain, October 37, 1795 (friendship, limits, and navigation) 656 February 33, 1819 (amity , settlement, and limits) 656 Sweden and Nprway, July 4, 1837 (commerce and navigation) 657 X TABLE OP CONTENTS. Page. Swiss Confederation, November 35, 1850 (friendship, commerce, and for the surrender of fugitive criminals ) _ — 658 Tonga, October 2, 1886 (amity, commerce, and navigation) 659 Tripoli, June 4, 1805 (peace and amity) 660 Tunis, August, 1797 (peace and friendship) --- 663 Turkey (see The Ottoman Porte) 632 Zanzibar, July 3, 1886 (import duties and Consuls). (See also Maskat) ■ 665 Appendix No. IV. Conventions relating to naturalization. Austria-Hungary, 20th of September, 1870 669 Baden, July 19, 1868 671 Bavaria, May 26, 1868 673 Protocol, May 26, 1868 __. _.. 674 Belgium, November 16, 1868 676 Denmark, July 20, 1872 _ 677 Ecuador, May 6, 1872 _ _. 678 Germany (.see also Baden, Bavaria, Hesse Darmstadt, Wiirttem- berg) . North German Union, February 22, 1868 680 Great Britain, May 13, 1870. ___ 681 Hesse Darmstadt, August 1,1868 ..'. 682 Mexico, July 10, 1868; terminated by notice given by Mexico February 10, 1881 _._ _ 684 Morocco (see ante. Appendix HI, article 15, p. 617) _ North German Union (see Germany) _ 680 Sweden and Norway, May 26, 1869 _ 685 Wiirttemberg, July 27, 1868 687 Appendix No. V. Miscellaneoiis. Directions for the transmission of proceeds of the property of deceased seamen to the district judges __ 691 Letters rogatory __ 692 List of registers of pure-bred animals entitled to admission into the United States free of duty 695 TABLE OP CONTENTS. XI Appendix No. VI. Forms referred to in the text. Page. 1. Oath of allegiance and office 703 2. Bond for Consular Offlcers not permitted to engage in trade. 703 3. Bond for Consular Officers permitted to engage in trade 706 4. Omitted. 5. Joint certificate of the outgoing and incoming officers 707 6. Form for the first (or outside) page of a dispatch 708 7. Form for a dispatch and inclosure _ 708 8. Address of envelopes 709 9. Consular passport 709 10. Form for visa of passport 710 11. Omitted. 12. Certificate to be used in prosecutions of masters of vessels for refusal to deposit papers _ 710 13. Certificate given to master on deposit of ship's register and papers __ 711 14. Certificate given to master on delivery of ship's register and papers _ 711 15. Shipping agreement between master and crevr _ 712 16. Acknowledgment and indorsement on such agreement 714 17. Certificate of discharge of seamen to be attached to crew list and shipping articles - 715 18. Certificate of discharge of seaman 716 19. Certificate and oath of a new master appointed by Consul... 716 20. Declared-export return 717 21 . Certificate of cancellation of crew bond. _ 717 22. Order to send seamen to hospital 718 23. Certificate given to masters whose seamen leave hospital against physician's advice 718 24. Certificate given to masters of vessels transporting to the United States destitute American seamen 719 25. Omitted. 26. Affid avit or certificate of attending physician 720 27. Complaint by crew of bad quality or insufficient quantity of provisions or water 721 28. Notice to master of result of examination on complaint of crew- 721 XII TABLE OP CONTENTS. Page. 29. Entry of result of examination in log book of vessel 722 30. Report to the district judge of the United States . .. _ _ _ 728 31. Bequest to local authorities to imprison seamen or mariners. 723 32. Request to same to release same from prison 723 33. Oath and declaration of master to desertion of seamen or mariners 724 84. Request to local authorities for the arrest of deserters 724 35. Certificate to be issued to citizens of the United States being purchasers of American or foreign built vessels in a foreign port 725 36. Certificate to be attached to documentary evidence accompa- nying requisitions in the United States for extradition 725 37. Marine note of protest __. 726 38. Marine extended protest . _ _ _ ■ _ _ 726 39. Protest of the master of a vessel against charterers or freight- ers _ 728 40. Certificate as to insubordinate conduct of crew 729 41. Consul's decision and award in cases of protest against mas- ters, passengers, or crew _ _ 729 42. Call of survey on a vessel 730 43. Warrant to survey a vessel _ 731 44. Report of survey on a vessel _ _ 731 45. Certificate authenticating signatures of surveyors _ . 732 46. Second call of survey on a vessel 732 47. Second warrant to survey a vessel 733 48. Second report of survey on a vessel _ _ 733 49. Certificate authenticating signatures of second surveyors 734 50. Estimate of repairs _ _ 734 51. Certificate authenticating signature to estimate 735 52. Certificate authenticating copies of call, warrant, and report of survey _.. 735 53. Letter to authorities in cases of sinking vessels 736 54. Advertiseiuents for funds on bottomry to repair 736 55. Advertisement of sale of a vessel _ 737 56. Certificate to advertisement for funds on bottomry _ . 737 57. Certificate to the advertisement of the sale of a vessel- 738 58. Inventory of a ship or vessel 738 59. Declaration of master to inventory 739 TABLE OP CONTENTS. XIII Page. 60. Master's letter notifying Consul of intention to sell vessel and cargo 739 61. Letter of master to auctioneer 740 63. Certificate authenticating copies of inventories and letters,. 740 63. Account of sale of a vessel 741 64. Certificate authenticating signature of auctioneer 741 65. Certificate authenticating copy of account of sale 743 66. Omitted. 67. Certificate on sale of vessel abroad to an alien or a nonresident citizen _■ 743 68. Bottomry bond _... 743 69. Acknowledgment to bottomry bond _ _ _ _ _ , 744 70. Assignment of bottomry bond 744 71. Acknowledgment to assignment of bottomry bond 745 73. Indorsement of bottomry on ship's register 745 73. Indorsement on register on the payment of a bottomry bond. 745 74. Oath of master to death or loss overboard at sea of a seaman or mariner 746 75. Oath of master or mate to correctness of log book 746 76. Oath of master to ship's bills and vouchers for disbursements and repairs 747 77. Consul's certificate for custom-house or authorities, in case of the deviation of a vessel from the voyage 747 78. Certificate of ownership of a vessel 748 79. Roll or list of crew, when required by the captain or authori- ties of the port 748 80. Order to i)ay , at home, seaman's wages 749 81 . Master's acknowledgment to the same 749 83. Certificate of shipment of seamen or mariners attached to crew list and shipping articles 750 83. Agreement of master to give increased wages 750 84. Form to be used when shipwrecked seamen are picked up at sea and conveyed home or tQ any other port ... 751 85. Receipt by Consul for effects of a deceased seaman 753 86. Consular quarterly remittance of seamen's effects 753 87. Certificate of marriage 753 88. Form for authentication of signatures .754 89. Certificate that an offlber is qualified to administer an oath.. 754 XIV TABLE OF CONTENTS. Page. 90. Contingent expenses, United States Consulates 755 91. Voucher for rent _ -.- 756 93. Exchange voucher to accompany draft drawn by Consul 756 93. Exchange voucher to accompany draft purchased by Consul. 757 94. Statement of relief of seamen and account current. 758 95. Voucher for boarding and lodging 759 96. Voucher for hospital expenses and medical aid. 759 97. Voucher for clothing 760 98. Voucher for burial expenses 760 99. Weekly sanitary report, furnished by Treasury Department. 761 100. Requisition for stationery supplies for consulates 761 101. Record of treasury fees (seaport consulate) 763 103. Record of treasury fees (inland consulate) 763 103. Summary of Consular business - 763 104. Power of attorney to verify invoices , 764 105. Aggregate return of fees to the Department of State 765 106. Form of a Consular account for compensation while receiving instructions 765 107. Certificate to accompany the account of a salaried Consul while receiving his instructions, immediately after appoint- ment 766 108. Account for compensation while making the transit to post of duty 766 109. Certificate to accompany the account of a salaried Consul for compensation while making the transit to his post of duty. 766 110. Certificate to be executed by each Consular OfScer, and to accompany his first account 767 111. Certificate to accompany the account of a Consul for com- pensation while making his transit from his post of duty to his place of residence 767 113. Form for stating an account for salary and fees, exclusive of seamen's wages or expenditures for them 768 113. Certificate to accompany Form 113. 768 114. Usual form of draft... 769 115. Page of Consular corrections to invoices 769 116. General quarterly account... 770 117. Digest of the invoice book 770 118. Register of official letters received 771 TABLE OF CONTENTS. XV Page. 119. Register of official letters sent 771 120. Quarterly return of the arrival and departure of American vessels 773 121. Semi-annual passport return to the Department of State 772 122. Statement of passports visaed 773 133. Return of names of persons employed at the Consulate 773 134. Detailed list of seamen or mariners shipped, discharged, deserted, or deceased 774 125. Salary account of Minister Resident and Consul-Qeneral 775 136. Return of seamen who have come upon the Consulate other- wise than in the employment of vessels or by regular dis- charge therefrom 776 137. Declaration of sculptor __ 777 128. Immigrant's declaration.. _ 777 129. Returned American goods, declaration of foreign exporter 778 130. Consular certificate and shipper's affidavit for returned American shocks 778 131. Mode of calculating Consular salaries _._ 779 132. Passport book 781 133. Invoice book _. 782 134. Register of landing certificates 783 135. Ship's dailyjournal 783 136. Form of bond for a Marshal of a Consular Court _ 784 187. Form of return of a Marshal of a Consular Court 785 138. Declaration to be made by the purchaser or owner where mer- chandise has been actually purchased 785 139. Declaration to be made by the owner or manufacturer or duly authorized agent of such owner or manufacturer, where goods have been procured otherwise than by purchase, and to be indorsed on or attached by seal and tape to each of the triplicate invoices 786 140. Certificate to be indorsed on each of the triplicate or quadru- plicate invoices _ 787 141. Receipt of master of vessel for invoices to be delivered to the collector of customs at the port of entry 787 143. Transmission of invoices to collectors 788 143. Descriptive list of triplicate invoices 788 144. Certificate of the value of currency _ 789 XVI TABLE OF CONTENTS. Page. 145. Omitted. 146. Inward foreign manifest. . 789 147. Ordinary sample card _ 791 148. Sample card for woolen fabrics 793 149. Table for reducing United States gold coin to English and French currency - 793 150. Certificate of consignee of landing of merchandise at foreign port 794 151. Consular verificatipn of consignee's certificate 794 153. Verification of the delivery of merchandise, to be executed by American or foreign merchants, as the case may require. . 795 153. Oath of master and mate of exporting vessel 795 154. Certificate of foreign revenue ofldcer , 796 155. Declaration of American artist 796 156. Certificate to accompany natural mineral waters 797 157. Manifest of cargo of fishing vessel 797 158. Certificate of United States Consul to manifest of fishing vessel 798 159. Quarterly transcript of the record of notarial services 799 160. Form of average bond 799 161. Table for the reduction of sterling money to United States gold coin 801 163. Table for the reduction of United States gold coin to sterling money _ 802 163. Certificate given to the master of a vessel when transporting destitute seamen to an intermediate port - 803 164. Receipt of seaman for wages... 803 165. Account for clerk hire 804 166. Voucher for clerk hire _ 804 167. Statement of ofBlcial services necessarily rendered to Amer- ican vessels and seamen _ _ . . 805 168. Detailed report of official services to American vessels and seamen _ _ . . 806 169. Account current for fees and services 807 170. Account of payments to masters and seamen of foreign ves- sels for rescuing American citizens, crews, etc 807 171. Statement of manufacturer to be annexed to invoice of mer- chandise consigned for sale 808 TABLE OP CONTENTS. XVII Page. 173. Statement of consignor, other than manufacturer, to be annexed to invoice of merchandise consigned for sale 809 173, 174, and 175. Certificates of disinfection of hides 809 176. Application for passport, native 810 177. Application for passport, naturalized 811 178. Application for passport, form for person claiming citizen- ship through naturalization of husband or parent 813 179. Certificate of deposit of a passport and registry of a citizen of the United States 814 180. Certificate to be attached to a passport applicatitin in China when a notary public or other officer authorized to admin- ister oaths is not accessible to the applicant 815 131. Travel certificate to the possessor of a passport in China 815 183. Travel certificate to be issued to an applicant for a passport in China... 816 183. Affidavit of consignee declaring the delivery of tobacco or snuff at a foreign port. .- 816 184. Certificate of consignee of landing outside of Free Zone 817 185. Consular verification of consignee's certificate 818 186. Certificate of record and pedigree to be used for imported animals 818 187. Affidavit by the owner, agent, or importer 819 17824 C R n EXPLANATION OF ABBREVIATIONS. Ben Benedict's United States District Court Eeports. Blatch . Blatchf ord's United States Circuit Court Reports. Blatch. &H Blatchford & Howland's United States District Court Eeports. Bowler'slstComp. Deo... Decisions of the First Comptroller of the Treasury (1893-94). Cal California Eeports. ClifE _ ClifEord's United States Circuit Court Eeports. C. Cls, K United States Court of Claims Eeports. Comp. Deo Decisions of the Comptroller of the Treasury. Cranoh Crauoh's United States Supreme Court Eeports. Curtis Curtis's United States Circuit Court Eeports. Curtis on Seamen Curtis's Eights and Duties of Merchant Seainen. Cust. Eeg Customs Eegulations of the United States, edition of 1893. Dana's Wheaton Wheaton's International Law, Dana's edition. Fed. Eep United States Federal Eeporter. Halleck Halleck's International Law. How Howard's United States Supreme Court Eeports. Low Lowell's United States District Court Eeports. Mason Mason's United States Circuit Court Eeports. Ney Nevada (Territory) Eeports. Olcott Olcott's United States District Court Eeports. Op. Att. Gen Opinions of the Attorney-General of the United States. Pac. Eep Pacific Eeporter. Peters C. C. Peters's United States Circuit Court Eeports. Pick Pickering's Eeports (Massachusetts). E. S -- Eevised Statutes of the United States (1878). S SsTiopsis of Treasury Decisions. Saw Sawyer's United States District and Circuit Court Re- ports. Sprague Sprague's United States Admiralty and Maritime Deci- sions. Stat. L United States Statutes at Large. Sumn Sumner's United States Circuit Court Eeports. Swabey Swabey's Admiralty Eeports. Taney's Dec Taney'S United States Circuit Court Decisions. U. S - - United States Supreme Court Eeports. U. S. Const Constitution of the United States. Wall --- Wallace's United States Supreme Court Eeports. Ware Ware's United States District Court Eeports. Wash. C. C Washington's United States Circuit Court Eeperts. Whart. Int. L. Dig Wharton's International Law Digest. Wheat Wheaton's United States Supreme Court Eeports. ZIX INTRODUCTION. ORIGIN OF CONSULAR JURISDICTION. Early in the history of commerce it became necessary for commercial states to establish a jurisdiction over seamen, vessels, and merchandise. And as the operations of com- merce in foreign ports might involve national interests, as well as the individual interests of merchants and seamen, it became equally necessary that this jurisdiction should be exercised by a national agent. Hence we find among the commercial states of antiquity commercial magistrates with functions similar to those vested in the consuls of modern times, though much more extensive. Whether these magistrates received the title of consul from motives of vanity, as observed by one writer,^ or from the importance of their office and the sovereign authority by which it was bestowed, as asserted by another,^ it is never- theless true that when it ceased to distinguish the executive magistrate of Rome it came to be used by the commercial states of former times to designate the officers who resided at foreign ports to protect their citizens and their commer- cial interests.^ And the name has been continued in modern ' Brown's Elements of Civil Law. 'Warden's Consular Establishments. 8JMd. 17824 C R 1 1 2 INTRODUCTION. times, though the powers of the consular officer have been greatly modified. During the Middle Ages consuls were quasi public ministers, who watched over the interests of their countrymen, deciding their disputes, protecting their commerce, and exercising large judicial and commercial powers, independent of the local law.' But when public ministers, in name and in fact, came to be established, consuls (except in oriental countries) where their powers are dependent upon treaty, as we shall hereafter see) were shorn of much of their dignity and privi- leges. They are now, for the most part, commercial agents, and have no representative character. Both in civil and criminal cases they are subject to the laws of the countries in which they reside equally with all other persons. If excep- tional privileges are claimed, it must be by virtue of treaty stipulations, local customs, or local law. Any judicial powers which may be vested in the consuls accredited to any par- ticular country must be ascertained by an examination of the treaty stipulations with such country and the laws of the state from which the consuls derive their appointment.^ ' Pomeroy's International Law. 'Dainese v. Hale, 91 TJ. S. Rep., 13. REGULATIONS FOR THE CONSULAR SERVICE OF THE XJNITE2D STATES. Article I. THE CONSULAR SERVICE. 1. Classification. — The consular service of the United States consists of consuls-general, vice-consuls-general, deputy con- suls-general, consuls, vice-consuls, deputy consuls, com- mercial agents, vice-commercial agents, consular agents, consular clerks, interpreters, marshals, and clerks at consu- lates. 2. Consular officers. — The term "consular of&cer" includes consuls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial Agents, and consular agents, and none others. — R. S., sec. 1674. 3. Principal consular officers — Consuls-general, consuls, and commercial agents are full, principal, and permanent con- sular officers, as distinguished from subordinates and substi- tutes. — R. 8., sec. 1674- Vice-consuls or vice-commercial agents, when in charge, are acting consuls or commercial agents for the time being, and are principal consular officers. — SSFed. Rep. 167. 4 CONSULAR REGULATIONS. 4. Other definitions The term "consul," whenever the sense so requires, denotes any principal consular ofl&cer, or, if nec- essary, any consular officer. (Paragraph 14. ) "Vice-consu- lar officers," or "substitute consular officers," includes vice- consuls-general, vice-consuls, and vice-commercial agents. "Subordinate consular officers " includes deputy consuls-gen- eral, deputy consuls, and consular agents. — R. S., sec. 161 1^. CONSULS-GENERAL. 5. Consulates-general — Consulates-general are established at Apia, Athens, Bangkok, Barcelona, Belgrade, Berlin, Bogota, Bucharest, Cairo, Calcutta, Cape Town, Constantinople, Dres- den, Frankfort on the Main, Guatemala, Guayaquil, Habana, Halifax, Honolulu, Kanagawa, London, Melbourne, Mexico city, Monrovia, Montreal, Nuevo Laredo, Ottawa, Panama, Paris, Port au Prince, Kio de Janeiro, Rome, St. Gall, St. Petersburg, Santo Domingo, Seoul, Shanghai, Singapore, Tan- gier, Teheran, and Vienna. — R. S., sec. 1690; 29 Stat. L., S£. 6. Consular jurisdiction — All consuls-general are charged with the ordinary duties of a consul within the prescribed limits of their respective districts. 7. Supervisory powers — Consuls-general, except as stated in the following paragraph, are also charged with the supervision of the consulates and commercial agencies, respectively, sub- ordinate to them as hereinafter provided, so far as it can be exercised by correspondence. They will see that the provi- sions of law and of these regulations are complied with, and that the preparation of the consular correspondence and inclosures is in accordance with the regulations relating thereto. This supervisory jurisdiction, however, does not extend to accounts, consuls-general being in no sense auditing officers. 8. No supervisory powers — The consuls-general at Calcutta, Dresden, and Mexico are not charged with any supervisory OONSULAE REGULATIONS. 5 powers and have no consulates or commercial agencies sub- ordinate to them. 9. Jurisdictional limits. — The supervisory jurisdiction of other consuls-general extends over all of the consulates and commercial agencies, if any, in the country (but not in- cluding distant colonies), or in the colony where such consul- ates-general, respectively, are located, except as otherwise herein provided. 10. Germany — The consul-general at Berlin has supervisory jurisdiction over the consulates and commercial a.gencies at Annaberg, Bremen, Breslau, Brunswick, Chemnitz, Glauchau, Hamburg, Hanover, Leipsic, Magdeburg, Plauen, and Stettin. The consul-general at Frankfort over those at Aix la Cha- pelle, Bamberg, Barmen, Cologne, Crefeld, Diisseldorf , Frei- burg, Ftlrth, Kehl, Mannheim, Mayence, Munich, Nurem- berg, Sonneberg, Stuttgart, and Weimar. 11. Canada and Australasian colonies. — In the Dominion of Canada the consul-general at Ottawa has supervisory juris- diction over the consulates in the Province of Ontario ; the consul-general at Montreal over the consulates in the Prov- ince of Quebec; and the consul-general at Halifax over the consulates in the provinces of Nova Scotia, New Brunswick, and Prince Edward Island. The consulates in British Colum- bia, Manitoba, and Newfoundland are excepted from the juris- diction of any consul-general. The consul-general at Mel- bourne has supervisory jurisdiction over the consulates in Australia, Tasmania, and New Zealand. 12. Nuevo Laredo and Panama. — The consul-general at Nuevo Laredo has supervisory jurisdiction over the consulates at Chihuahua, Durango, Matamoras, Nogales, Paso del Norte, Saltillo, Tampico, and Piedras Negras. The consul-general at Panama has supervisory power over the consulate at Colon. 13. Inspections Upon application to the Department of State, and if it shall be deemed proper, authority will be given 6 CONSULAR KEGULATIONS. to the consuls-general at Berlin, Frankfort, London, Paris, Vienna, and St. Petersburg to visit the several consulates Rome, and commercial agencies in their respective jurisdic- tions for the purposes of inspection and report. These visits will, however, not be authorized to be made more frequently than once a year, and only upon the permission of the Depart- ment previously obtained. A like permission may also be granted to other consuls-general if circumstances shall at any time seem to require it. The actual and necessary traveling expenses incurred in these visitations will be paid. CONSULS. 14. Two meanings. — The word "consul" is ordinarily used, in a specific sense, to denote a particular grade in the con- sular service ; but it is sometimes used also, in a generic sense, to embrace all consular ofQcers. — 15 C. Cls. R., 74. COMMERCIAL AGENTS. 15. By the laws of the United States. — Commercial agents are by the laws of the United States full, principal, and perma- nent consular officers. — R. 8., sec. 167^. As respects their powers and duties in the consular service of this Government, no distinction is made by statute between them and a consul. They differ from the latter only in rank or grade. They derive their functions from the same statutes as consuls-general and consuls, and are entitled to enjoy all the powers, immunities, and privileges that under public law or otherwise are accorded to the consular office. The title of the office as representing a distinct grade in the consular service is peculiar to the serv- ice of the United States, and usage has established the ap- pointment directly by the President. It is usual to ask for- mal recognition and an exequatur for a commercial agent from the government to which he is accredited, as in the case of other principal officers. CONSULAR EEGTJLATIONS. 7 16. In international law. — Commercial agents in the con- sular service of the United States are to be distinguished from certain ofBLcers described in international law by. the same title, who are not usually regarded by other powers as entitled to the full rank and privileges of a consular offi- cer. The exigencies of the public service of the Government have from time to time made necessary the appointment of commercial agents of the character and with the restricted functions and privileges of such officers as known to interna- tional law, and this right is at all times reserved. In those instances, however, in which officers of this title and charac- ter have been appointed, the appointments have usually been made to countries the governments of which had not been recognized by the United States, or into which it was desired to send a confidential agent whose recognition need not be asked from the local government. Previous to the act of Congress of August 1, 1856, which reorganized the consular service, the officers appointed with the title of commercial agent were usually of this limited character. That act, how- ever, not only established their rank as consular officers, but also superadded to their former powers the functions that appertain to the office of consul. VICE-CONSULAR OFFICERS. 17. Vice-consuls and vice-commercial agents are 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. They have accordingly no functions or ^powers when the principal officer is present at his post. Their functions, however, are coextensive with those of the principal when the latter is absent from his district and in all cases where they are law- fully in charge of the office.— iJ. S., sec. 167^; 33 Fed. Rep., 167. CONSULAR REGULATIONS. DEPUTY CONSULAR OFFICERS. 18. Deputy consuls are consular officers subordinate to their principals, exercising the powers and performing the duties within the limits of their consulates at the same ports or places where their principals are located. They may perform their functions when the principal is absent from his district, as well as when he is at his post; but they are not authorized, in the former ease, to assume the responsible charge of the office, that being the duty of the vice-consul. — R. S., sec. 1674- VICE AND DEPUTY CONSULS-GENERAL. 19. The substitute and subordinate officers of consuls- general are by statute simply designated as vice-consuls and deputy consuls. It is customary, however, and the practice is indirectly recognized in the statutes, to designate such officers as vice-consuls-general and deputy consuls-general. Their powers and duties are the same as specified for vice and deputy consuls in the two preceding paragraphs. — B. S., sees. 1674, Also. CONSULAR AGENTS. 20. Subordinate officers. — Consular agents are consular officers subordinate to their principals, exercising the powers and performing the duties within the limits of their consular agencies, but at ports or places different from those at which their principals are located. — R. S., sec. 1674. Their func- tions are not, in all respects, as extensive as those of the principal officer. Though they act at places different from the seat of the principal office and their duties are in sub- stance the same toward persons desiring consular services, they act only as the representative of the principal, and are subject and subordinate to him. They are not authorized to correspond with the Department of State, unless through CONSULAR KEGULATIONS. 9 the principal or under exceptional circumstances; they make no returns or reports directly to the Department, and they are not permitted to render accounts or make any drafts for expenditures on the Departments of the Government unless under express instructions. 21. Acting consular agents, — In all cases where it is practi- cable, consular agents should be citizens of the United States, and none other should be recommended for appointment, unless citizens of proper character and standing can not be found. No consular agent has authority to appoint a sub- agent. In case of emergency, or in the absence of the consu- lar agent on leave, the principal consular officer may designate, with the approval of the Department of State, a suitable person to perform the duties, under the title of consular agent. Consular officers should, at the time the change is made, report to the Department the names of the persons whom they may designate as substitute consular agents dur- ing the temporary absence of the latter from their posts, and accompany the report with the signatures of the substitutes and an impression of the official seal of the agency. 22. Entry upon duty — Consular agents are subject, like other consular officers, to the provisions of law and the instructions of the Department of State. As soon as a consular agent has entered upon his duties, a specimen of his signature and an impression of his official seal should be sent to the Depart- ment. CONSULAR CLERKS. 23. President appoints. — The President is authorized to ap- point consular clerks, not exceeding thirteen in number at any one time, who shall be citizens of the United States and over 18 years of age at the time of their appointment. They can not be removed from office except for cause, stated in writing, which shall be submitted to Congress at the session 10 CONSULAR REGULATIONS. first following such removal. They may be assigned, from time to time, to such consulates and with such duties as the Secretary of State may direct. "When so assigned, they are subordinate to the principal consular ofiloer at the post. They will perform such clerical or other duties of the consu- late as he may designate, and carefully observe and obey his instructions in all respects. -^i?. S., sees. 1704, 1705. (Para- graphs 511, 512.) 24. Examination for appointment No person will be ap- pointed a consular clerk until it shall be satisfactorily shown to the Secretary of State, after due examination and report by an examining board, that the applicant is qualified and fit for the duties of the oflace.— i2. S., sec. 1705. If the appli- cant is in a foreign country, the Secretary of State may permit him to be examined by a series of written questions by the minister of the United States in that country and two other competent persons to be named by him. The result of the examination, with the answers of the candidate in his own handwriting, will then be transmitted to the Secretary of State. INTERPRETERS. 25. Interpreters are stationed only at certain consulates in China, Japan, Korea, the Turkish dominions, and Zanzibar. The sums appropriated for this service are expended under the direction of the Secretary of State. For obvious reasons the selection of persons for these appointments is usually made from residents of the particular country whose acquaint- ance with the language and customs may have qualified them for the of&ce. Their nomination is generally intrusted to the consul.— i?. 8., sec. 1692; 18 Stat. L., 66; 29 Stat. L., 27. MARSHALS. 26. The President is authorized by law to appoint marshals for certain consular courts. He sometimes intrusts their CONSULAR REGULATIONS. 11 nomination to the consuls; but, as in the case of other subor- dinate officers, the right is reserved to make such appoint- ments without previous nomination. — R. 8., sec. kill. CLERKS AT CONSULATES. 27. Appropriation for clerk hire — A speciiie appropriation is usually made by Congress annually for clerk hii-e at certain of the larger consulates. A general allowance is also made for clerk hire, to be expended under the direction of the Secre- tary of State, at consulates not specifically provided for; biit no greater portion of this allowance than $500 will be allowed to any one consulate in any one fiscal year, nor will any allowance ever be made except for money actually expended by the consul for such purpose. The allowance is limited to the fiscal year for which it is made. The name, age, nationality, and qualifications of each clerk will be reported to the Department of State, together with the proposed amount of compensation; and no clerk will be employed without special instruction from the Department authoriz- ing it. 28. Citizens preferred American citizens should be em- ployed as clerks in the several consulates whenever it is practicable to do so. The presence of clerks of foreign nationality has, in some instances, led to much inconven- ience and abuse. Apart from the propriety of employing those who owe allegiance to this Government, it is believed that many young men of worth and ability, both at home and abroad, who desire to acquire a knowledge of the con- tinental languages of Europe — a knowledge which in after years might be valuable to the Government and people — would make equally efficient and more trustworthy assist- ants. Preference should be given to them in every case where such persons can be found. The Department of State reserves the right to fill such clerkships by appointments 12 CONSULAR REGULATIONS. directly from this country, or from citizens of the United States abroad whenever it shall be deemed proper. 29. Members of consul's family as clerks The employment of members of a consul's family will be permitted only in exceptional cases where the expediency of such employment and the qualifications of the proposed employee are clearly shown. LIMITS OF CONSULAR DISTRICTS. 30. The statute authorizes the President to define the ex- tent of country to be embraced within anj^ consulate or com- mercial agency. — R. 8., sec. 1695. The consular commission usually describes these limits as including all places nearer to the offtcial residence of a consul than to the residence of any other consul within -the same allegiance. This is to be regarded as the rule by which the limits of the respective districts are to be determined in the absence of instructions specifically defining the consular district. In no case, how- ever, is a consular of&cer authorized to take jurisdiction of consular business outside of the state from the government of which he receives his exequatur. The Department of State may, however, in its discretion, assign a consular agency to a consulate without regard to nearness of geo- graphical situation. The limits of a consular agency are always within the district of the consulate to which it is attached, unless the Department shall determine otherwise. Article II. APPOINTMENT AND QUALIFICATION. PRINCIPAL CONSULAR OFFICERS. 31. Consuls-general and consuls are appointed by the Presi- dent, by and with the advice and consent of the Senate. — Con- ditution, Art. II, sec. 2. Commercial agents are appointed CONSULAR REGILATIONS. 13 directly by the President. All principal consular officers qualify by taking the prescribed oath (a copy of which is fur- nished by the Department of State for the purpose), and by executing a bond to the United States in the f oi-m prescribed by the Department. 32. Examination for appointment. — Any vacancy in a consu- late or commercial agency now or hereafter existing the salary of which is not more than 12,500, nor less than $1,000, or the compensation of which, if derived from official fees, exclusive of notarial and other unofficial receipts, does not exceed $2,500, nor fall below $1,000, shall be filled (a) by a transfer or promotion from some other position under the Department of State of a character tending to qualify the incumbent for the position to be filled; or (6) by appoint- ment of a person not under the Department of State but having previously served thereunder to its satisfaction in a capacity tending to qualify him for the position to be filled; or (c) by the appointment of a person who, having furnished the customary evidence of character, responsibility, and capacity, and being thereupon selected by the President for examination, is found upon such examination to be qualified for the position. For the purposes of this paragraph notarial and unofficial fees shall not be regarded; but the compensation of a consu- late or commercial agency shall be ascertained, if the office is salaried, by reference to the last preceding appropriation act, and, if the office is not salaried, by reference to the returns of official fees for the last preceding fiscal year. The examination hereinbefore provided for shall be by a board of three persons designated by the Secretary of State, who shall also prescribe the subjects to which such examina- tion shall relate and the general mode of conducting the same by the board. A vacancy in a consulate will be filled at discretion only 14 CONSULAK KEGULATIONS. when a suitable appointment can not be made in any of the modes indicated in this paragraph. 33. Oath. — Every consular officer, consular clerk, regularly appointed interpreter, and marshal of a consular court shall, if a citizen of the United States, before entering upon the duties of his office, take and subscribe the oath prescribed by section 1757 of the Revised Statutes (Form No. 1). — B. S., sees. 1766, 1767; 23 Stat. L.,21. 34. To hold but one office — No consul-general or consul, ap- pointed to one consulate, shall be permitted to hold the office of consul-general or consul at any other consulate, or exercise the duties thereof. — R. 8., sec. 1691. 35. Bond — Every consul-general, consul, and commercial agent, before he receives his commission or enters upon the duties of his office, shall give a bond to the United States in a penal sum not less than one thousand nor more than ten thousand dollars, and in no case less than the annual compen- sation allowed such officer, and conditioned as prescribed in the statutes. Salaried officers included within the prohi- bition of paragraph 37 shall execute a bond according to Form No. 2 ; those not so included, according to Form No. 3. — R. 8., sec. 1697; 19 Hoiv., 73; U Op. Att. Gen., 7. 36. Sureties — The sureties on bonds of salaried officers shall be permanent residents of the United States, or a regularly authorized surety company incorporated under the laws of the United States or of one of the States, and must be ap- proved by the Secretary of State. The sureties on bonds of unsalaried officers shall be such as the Secretary of State shall approve. Married women will not be accepted as sureties. For instructions to be observed in the execution of bonds, see Forms Nos. 2 and 3, and notes thereto. — 16 Op. Att. Gen., m; 18 Stat. L., 67; 28 Stat. L., 279. 37. Prohibition against trading — No consular officer whose salary exceeds $1,000 a year shall, while he holds his office. CONSULAR KEGULATIONS. 15 be interested in or transact any business as a merchant, factor, broker, or other trader, or as a clerk or other agent for any such person to, from, or within the port, place, or limits of his consulate-general, consulate, or commercial agency, directly or indirectly, either in his own name or in the name or through the agency of any other person; and he shall dn his official bond stipulate, as a condition thereof, not to violate this prohibition. The President may extend this prohibition to any consular officer whose salary does not exceed $1,000 a year, and may require such officer to give a bond not to violate the same. — E. S., sees. 1699, 1700. The consuls at Fayal and Auckland are exempted from the fore- going prohibition. — 18 Stat. L., 486. It is unadvisable that interpreters and marshals of consular courts and consular clerks receiving a salary should be allowed the privilege of trading, although exceptions may be made for good cause shown to the Department of State. 38. Custody of bonds — The bonds of consular officers are, after their approval by the Secretary of State, deposited with the Secretary of the Treasury.— i?. S., sees. 1697, 1698. Under the rule of the Treasury Department, bonds, when so filed, can not be withdrawn from its custody; and they are not canceled on the retirement of the officer from the service. SUBSTITUTE AND SUBORDINATE OFFICERS. 39. Nomination and appointment Vice-consuls-general, dep- uty consuls-general, vice-consuls, deputy consuls, vice-com- mercial agents, and consular agents are appointed by the Secretary of State, usually upon the nomination of the prin- cipal consular officer. The privilege of making such nomi- nations must not be construed to limit the authority of the Secretary of State to appoint these officers without such previous nomination by the principal officer. The statutory power in this respect is reserved, and it will be exercised in 16 CONSULAR KEGXJLATIONS. all cases in which the interests of the service or other public reasons may be deemed to require it. — B. S., sec. 1696; 15 C. Cls. R., 61 40. Conditions of appointment. — Consular officers recommend- ing appointments of this character must in all cases submit some evidence of the capacity, character, and fitness of the nominee for the office, and also give his residence and nation- ality. A nomination failing to give these particulars will not be considered. The nomination must be made in a dis- patch addressed to the Assistant Secretary of State, trans- mitted through the legation or consulate-general, or directly, as the case may be. (Paragraphs 97, 98-105. ) A minor will not be approved for any subordinate consular office. All per- sons nominated for subordinate appointments must be able to speak and read the English language. In all cases where it is practicable to do so, substitute and subordinate offices should be filled by citizens of the United States. 41. Vice and deputy combined. — To avoid both the multipli- cation of offices at one post and the difficulty in obtaining recognition of these officers, it will be required that the posi- tion of vice and deputy shall be held by the same person, unless controlling reasons be shown to the contrary. 42. Foreigners must be authorized. — In nominating their sub- stitute and subordinate officers consuls should ascertain whether there is any impediment in the laws of the state where they exercise their functions against citizens or subjects of such state accepting an appointment as a consular officer. For example. In Spain and Spanish dominions persons who are nominated to fill subordinate consular positions must have attained their majority, which, under Spanish law, is 24 years. Hence consular officers, in making their nomina- tions for such positions, must satisfy themselves that the person nominated will not be refused recognition on the ground that he has not attained his majority. And in Mex- ico they must likewise satisfy themselves that the nominee is CONSULAR REGULATIONS. 17 not a Mexican citizen, as a citizen of that Republic forfeits his citizenship by accepting an appointment as a consular ofl&cer of a foreign power, unless with the permission of the Congress of that country. In the British dominions no per- son holding an office under the Crown will be recognized as a consular oflicer of a foreign power. 43. Bond. — Every substitute and subordinate consular offi- cer, except consular agents, shall, before entering upon the duties of his office, give a bond with such sureties as shall be approved by the Secretary of State in a sum of not less than $2,000, conditioned for the true and faithful discharge of- the duties of his office according to law, and for truly accounting for all money, goods, and effects which may come into his possession by virtue of his office. (Form ISTo. 3. ) — E. S., sees. 1695, 1698; 26 Fed. Rep., 607. 44. Eemoval of subordinates — The removal of competent and faithful subor4inates without cause is discountenanced by the Department of State. When, therefore, nominations are made with a view of superseding them, a full and satisfac^ tory statement of the reasons for asking, the change must be submitted for the Department's consideration. The appoint- ment of a successor in any of the subordinate offices of a consulate is regarded as canceling the appointment of the predecessor, without a formal notice to that effect from the Department. 45. Interpreters, marshals, and consular agents. — Regularly ap- pointed interpreters, if citizens of the United States, qualify by taking the oath of office (Form No. 1), but are not required to give a bond. Marshals of consular courts are required, in addition to the oath of office, to execute and file in the De- partment of State a bond (Form No. 136). — B. 8., sec. ^113. No bond is required of consular agents, but a consular officer having agents under his supervision may take from them such bond as he may deem proper for his protection. 17824 c E 2 18 CONSULAR EEaULATIONS. 46. Status of marshals and interpreters. — Disagreements and difficulties have sometimes arisen between the principal offi- cer at a consulate and the interpreter or marshal, in conse- quence of the latter holding himself, from the circumstance of liaving a commission from the President, of equal stand- ing in the consulate and of refusing to receive instructions from the consul. It should accordingly be understood by these officers that they are regarded as composing a part of the stafE of a consulate and as subordinate to the principal officer. It is their duty, in all that regards the discharge of official business, to respect and obey the instructions of the consul or of the vice-consul, if in charge, and, whenever requested, to assist in the general work of the consulate. Neglect or refusal to comply with the just and reasonable directions of the consul should be reported to the Depart- ment of State. 47. Vacancies to be reported. — Whenever a vacancy occurs in a vice-consular office, or in that of interpreter, marshal, or consular agent, either by resignation, death, removal of resi- dence, or otherwise, information of the fact should be com- municated to the Department of State without delay. Article III. ENTRY UPON DISCHARGE OF DUTIES. 48. Exequatur — Upon the appointment of a consul-general, consul, or commercial agent, his commission is retained at the Department of State until the prescribed oath of office and bond have been filed and approved. Thereupon the commis- sion is transmitted to the diplomatic representative accredited to the government within whose jurisdiction the office is situ- ated, with instructions to apply for an exequatur. The exe- quatur, when obtained, is transmitted by the diplomatic rep- resentative to the consul, together with the commission, CONSULAR EE&ULATIONS. 19f through the consulate-general, if there be one having super- visory powers ; otherwise, directly to his address. 49. Entry upon duty without exequatur The consul may, when so directed by the Department of State, proceed to his post and enter upon the discharge of his duties on receiving permission from the proper local authorities of the place to act in his official capacity until the exequatur arrives. On the receipt of such permission, or if no objection is made to his so acting, it is the duty of the outgoing officer, or the subordinate in charge, to deliver the seals, archives, and other property of the office without waiting for the arrival of the exequatur. As soon as the exequatur is received, it should be made public in the manner usual in the country. In the event that there should be unusual delay in granting the exe- quatur, the consul should inform the Department. 50. Procuring exequatur when no diplomatic representative If there be no legation of the United States in the country, the commission of a principal consular officer will be delivered or sent directly to him, with instructions to transmit it with- out delay, on arrival at his post, to the proper department of the government, and to request an exequatur. In such cases it is usual to inclose the commission in a letter from the Secretary of State to the minister of foreign affairs of the country, to be delivered at a suitable opportunity after the arrival of the consul at his post. In either case he will, in respectful terms, acquaint the authorities of the port or dis- trict to which he is sent of his appointment ; and if he can obtain their consent to his acting in his official capacity before the receipt of the exequatur, he is authorized so to act. 51. Recognition of subordinate officers It is customary to transmit to the diplomatic representative, for recognition and authority, the certificates of appointment of all sub- ordinate officers, except those of consular clerks, inter- preters, and marshals. And in such cases, before entering 20 CONSULAR BBGULATIONS. upon his official duties, the consular officer will wait until he receives recognition from the government of the country or permission from the local authorities to act. The subordi- nate officers mentioned in paragraph 43, who are required to give bond, are not authorized to take charge of their offices or enter upon their duties until the bond has been executed and approved. Until an approved bond has been filed, the accounts for their compensation will not be adjusted at the Treasury Department, and they are without authority to draw upon the Government. 52. Certificates of subordinate officers, when no legation. — The certificates of appointment of subordinate officers in coun- tries in which the United States have no legation are sent to the principal officer, with instructions to request, from the proper authority, the recognition or exequatur accorded to such officers. 53. Practice in colonies — It is the practice in the colonies or dependencies of a country to instruct the consul-general, or the principal consular officer if there be no consul-general, to apply to the proper colonial authority for permission for a newly appointed consular officer to act temporarily in his official capacity, pending the result of the request for the exequatur. 54. Legation may request temporary authority to act. — Upon the application of the consular officer, or of the consul-general where there is one, the diplomatic representative may make to the minister of foreign affairs a request for temporary permission to act in the case of any consular officer under his jurisdiction. 55. Instruction period. — It is usual to require a principal consular officer to proceed to his post within thirty days from the date he takes the oath of office. If a longer time in the United States is desired, satisfactory reasons must be pre- sented to the Department of State for the request. CONSULAR BEaULATIONS. 21 56. Notice of arrival at post. — After the arrival of a consul- general, consul, or commercial agent at his post, he will give information thereof to the legation of the United States, if there be one accredited to the government of the country in which the consular ofiSice is situated. A consul and commer- cial agent within the jurisdiction of a consulate-general will give similar information to such consulate-general. 57. Delivery of archives and inventory. — Upon the receipt of the exequatur, or permission to act, the consular officer will apply to the person having charge of the consular seals and public property of the office for their delivery to him;. and having made an inventory jointly with his predecessor or the subordinate in charge, if either be present, of the books and other effects, he will transmit a copy of such inventory and a certificate (Form No. 5) signed by himself and his predecessor, or the subordinate officer, or in their absence by himself, to the Department of State. 58. Certificate to Auditor. — The consul will transmit to the Auditor for the State and other Departments a certificate executed jointly by himself and his predecessor, or the sub- ordinate in charge, if either be present, showing the date of actual entry on his duties. (Form 'No. 5, omitting the inven- tory.) He may then take charge of the seals, archives, and property of the office. 59. Inventory, how made. — In preparing the inventory of the public property, consular officers are instructed to fol- low, as closely as possible, the order of former inventories, so that a comparison can readily be made at the Department of State. A copy of each inventory should be carefully preserved among the consular records. (Paragraphs 431-433. ) 60. Inventory of consular agency. — Upon the appointment of a consular agent, an inventory of all property at the agency belonging to the United States should be made by the incoming and outgoing officers, with a certificate showing the 22 CONSULAR KEGTJLATIONS. date of delivery, both of which should be sent to the princi- pal officer, to be by him communicated to the Department of State. 61. Location of office and residence. — Consular officers who are prohibited from engaging in business will be expected to establish their offices at the most convenient central location that the sum allowed for office rent will permit, and to keep them op6n daily during the usual business hours of the place. No subordinate or branch office will be permitted in the same place with the consulate. (Paragraphs 64-67.) 62. Residence — Consular officers are expected to live in the towns in which their offices are located by their commis- sions, and a disregard of this requirement will not be coun- tenanced, except in those cases that have, for special reasons, been expressly exempted. In no case will a consul be per- mitted to reside outside of his consular district. 63. Office hours — Consular officers of the United States should be ready and willing to perform the duties of their office at any time ; and although it is proper and right to have fixed office hours, in order that the public may know at what hours they may be sure to find the consular officer at the con- sulate, such fixed hours must not be considered as the limit of the time within which consular officers may be called upon to perform their official duties. (Paragraph 61.) 64. Office rooms — The selection of office rooms and the amount to be paid for office rent are intrusted to the consu- lar officer. The actual expense of rent, within the statutory limit of 20 per cent of the salary, is allowed to him for that purpose; but all arrangements and obligations respecting the leasing of premises and the amount and terms of payment are made by the consular officer, and the Government assumes no responsibility therefor. When suitable offices have been obtained, they should not be changed, except for good cause, to be reported to the Department of State ; and it is expected CONSULAR , EE&ULATIONS. 23 that the same offices will be retained by successive consular officers whenever it is practicable to do so. Suitable offices can not usually be had except upon a lease for one or more years. The recall or retirement of a consular officer during the pen- dency of such a lease not infrequently results in embarrass- ment and loss if the incoming officer refuses to continue the occupancy. Under these circumstances it will be required that the same offices should be retained until the lease expires, unless a change can be made without loss to the outgoing officers, or unless there exists some controlling reason justi- fying the change, the nature of which should be reported to the Department. (Paragraphs 61, 67.) 65. Beport regarding office — Consular officers are required, at the earliest opportunity, to prepare and forward to the Department of State a brief report in relation to the offices occupied by them. This report must embrace the following particulars : 1. Give the street and number of the premises, stating whether they are in a residential or business quarter of the town. State whether the offices are separate and self- contained, or whether office or desk room only is occupied in the officer's residence or in premises used for other business purposes. State the actual rental and to whom and how paid. Scrupulous exactness is enjoined in reporting the circum- stances under which the offices are rented. 2. Give the number, size, arrangement, and employment of the rooms devoted to the public business. A diagram will probably be the most convenient mode of showing these particulars, and its utility will be enhanced if it shows the means of access from the street and the window lighting, whether on the street or on internal courts or wells. 3. State the manner in which the offices are protected when not open for business, whether by a janitor or porter in charge of the building or by the residence on the premises of 24 CONSULA.E BEaULATIONS. any official dependent whose wages are paid by the Depart- ment of State. In the latter case, state the accommodations assigned to such dependent. Though it is not desired that this report should be accom- panied by a full inventory of the property of the Govern- ment in the offices, it would be serviceable to describe gener- ally the furnishing of each office room. (See as to furniture report, paragraph 431.) It is expected that any change in the official quarters will be likewise reported in detail. 66. Eeport when new office rented Before a new office is rented consular officers are required to report the following facts to the Department of State : (1) The amount per annum to be expended for office rent. (2) The number, dimensions, and location of the rooms to be paid for out of the rent allowance, with diagram. (3) Whether consul proposes to occupy as a residence or for private purposes any part of the rooms paid for out of the allowance, and if so, what part. (4) Whether consul's residence is in the same building or is owned by the same landlord as the consular office ; and, if so, what his contract for the rent of his residence is. Give number of rooms, dimensions, and location, as in case of the office rooms. (5) Any remarks that may be necessary in explanation of the direct answers to these questions. The approval of the Department must be awaited before closing the lease. 67. Consulate to be separate from business offices. — Consular officers, especially in important commercial and manufactur- ing districts, are not permitted to have their offices in the counting rooms or places of business of merchants, manu- facturers, agents, solicitors, or brokers. The appropriate business of the consular officer must not fail to receive his CONSULAR EEGULATIONS. 25 personal attention nor be left to be performed by such mer- chants or other persons or their clerks, so that the contents of invoices, which are in all cases to be regarded as confiden- tial, become known to interested parties, to the serious injury of the persons to whom the invoices properly belong. Such practices are highly reprehensible, and are ground for serious complaint. The consular ofllce, whether the consular of&cer is prohibited from trading or not, must be in a respectable location and devoted exclusively to the consular business; and no one but a duly authorized officer must be permitted to have access to the consular papers or to use the consular 68. Public moneys. — If there are any public funds in the hands of his predecessor, the consular officer may take charge of them. The outgoing of&cer, however, is respo'nsible to the Government for them, and they can not be demanded as a matter of right. It is expected in any case that sufficient funds, if in the hands of the outgoing officer, will be left for the immediate needs of the office. For any moneys so trans- ferred the outgoing officer should be careful to take proper receipts, to be transmitted with his accounts. If the funds held by the predecessor are the proceeds of the effects of an American citizen who died intestate more than a year pre- vious to the transfer of the office which should have been remitted to the Treasury as provided by law, it is not usual to deliver them to the successor; but they should be remitted by the outgoing officer, who is responsible therefor. (Para- graph 406. ) 69. Notice on entering on duties.— Having entered on the du- ties of his office, the consular officer, if a consul-general, should immediately give notice thereof to the Department of State and to the diplomatic representative; if a consul or commercial agent, he will give like notice to the Department and to the consul-genei'al to whom he may be subordinate, 26 CONSULAK REGULATIONS. or, if there be no consul-general, then to the diplomatic rep- resentative, if there be one. He will also inform the princi- pal consular officers of the United States in the country, and will also send his official card to, or call personally upon, the proper local officers and the consular officers of other coun- tries in the place, as the custom may be. He will also, before the expiration of ninety days after entering on his duties, nominate to the Department of State, through his immediate superior, or directly, agreeably to the instructions of para- graphs 97-100, suitable persons for appointment to the con- sular agencies in his jurisdiction and a suitable person to be vice-consul or vice-commercial agent to act in case of his temporary absence or of his relief frpm duty from any cause. As subordinate officers are not to be removed without cause (paragraph 44), the foregoing direction applies only to cases in which the consul determines after examination that a change is required for the good of the service. 70. Use of arms and flag The arms of the United States should be placed over the entrance to the consulate or com- mercial agency, unless prohibited by the laws of the country. Only one coat of arms will be permitted to be exposed in each port where a consular office is located, and that will be placed over the office devoted to consular business. Wherever the custom prevails, the national flag should be hoisted on such occasions as the consular officer may deem appropriate, or when it may be required for his protection or as the emblem of his authority. It is not usually neces- sary that it should be unfurled daily. The occasions for its display are within the judgment of the consular officer; but its use will be suggested on all national holidays of his own country and whenever it would indicate a becoming respect to the customs, festivals, or public ceremonies of the country to which he is accredited. (Paragraph 73.) CONSULAR REGULATIONS. 27 Article IV. PRIVILEGES AND POWERS UNDER THE LAW OF NATIONS. 71. Have not privileges and immunities of diplomatic represent- atives — In the early middle ages, and before the establishment of more or less permanent legations, consuls appear to have enjoyed the right of exterritoriality and the privileges and immunities now accorded to diplomatic representatives. In non-Christian and semicivilized countries these privileges have, to a large degree, been preserved to them, and they have the sanction of both treaty and usage. Upon the estab- lishment of legations, however, the exemptions and immuni- ties granted to consuls came to be regarded as a limitation of the territorial rights of the sovereign, and they have in the process of time been restricted to such as are necessarily inci- dent to the consular office, or have been provided for by treaty, or are supported by long-established custom or the particular laws of the place. A consular officer in civilized countries now has, under public law, no acknowledged repre- sentative or diplomatic character as regards the country to which he is accredited. He has, however, a certain repre- sentative character as affecting the commercial interests of the country from which he receives his appointment; and there may be circumstances, as, for example, in the absence of a diplomatic representative, which, apart from usage, make it proper for him to address the local government upon sub- jects which relate to the duties and rights of his office, and which are usually dealt with through a legation. 72. Rights and privileges sanctioned by custom and local law Although consuls have no right to claim the privileges and immunities of diplomatic representatives, they are under the special protection of international law, and are regarded as the officers both of the state which appoints and the state 28 CONSULAR KEGULATIONS. whicli receives them. The extent of their authority is derived from their commissions and their exequaturs. It is believed that the granting of the latter instrument, without express restrictions, confers upon a consul all rights and privileges necessary to the performance of the duties of the consular ofl&ce. Generally, a consul may claim for himself and his ofS.ce not only such rights and privileges as have been con- ceded by treaty, but also such as have the sanction of custom and local laws, and have been enjoyed by his predecessors or by consuls of other nations, unless a formal notice has been given that they will not be extended to him. 73. General privileges and rights — A consul may place the arms of his government over his doors. Permission to dis- play the national flag is not a matter of right, though it is usually accorded, and it is often provided for by treaty. (Paragraph 70. ) He may claim inviolability for the archives and ofl&cial property of his office, and their exemption from seizure or examination. He is protected from the billeting of soldiers in the consular residence, and he may claim exemption from service on juries and in the militia and from other public duties. It is probable, however, that all these privileges could not be claimed for subordinate officers, espe- cially for those who are citizens or subjects of the foreign state. The jurisdiction allowed to consuls in civilized coun- tries over disputes between their countrymen is voluntary and in the nature of arbitration, and it relates more especially to matters of trade and commerce. A consul is, however, under public law, subject to the payment of taxes and munic- ipal imposts and duties on his property in the country or on his trade, and generally to the civil and criminal jurisdiction of the country in which he resides. It is probable, if he does not engage in business and does not own real estate, that he would not be subject to arrest or incarceration, except on a criminal charge, and in the case of the commission of a crime CONSULAR EEGtTLATIONS. ' 29 he may either be punished by the local laws or sent back to his own country. In the absence of a diplomatic representa- tive, a consul doubtless has the right of access to the authori- ties of the state in all matters appertaining to his of&ce. 74. Merchant consuls.— The privileges of a consul who en- gages in business in the country of his ofGLcial residence are, under international law, more restricted, especially if he is a subject or citizen of the foreign state. If his exequatur has been granted without limitations, he may claim the privileges and exemptions that are necessary to the performance of the duties of his office; but in all that concerns his personal status or his status as a merchant it is doubtful whether he can claim any rights or privileges not conceded to other sub- jects or citizens of the state. He should, however, claim the same privileges and immunities that are granted to other merchant consuls in the same country. 75. Non-Christian countries. — In non-Christian countries the rights of exterritoriality have been largely preserved, and have generally been confirmed by treaties to consular officers. To a great degree they enjoy the immunities of diplomatic representatives, together with certain prerogatives of juris- diction (see Article XXX), the right of worship, and, to some extent, the right of asylum. These immunities extend to exemption from both the civil and criminal jurisdiction of the country to which they are sent, and protect their households and the effects covered by the consular residence. Their personal property is exempt from taxation, though it may be otherwise with real estate or movables not connected with the consulate. Generally, they are exempt from all personal impositions that arise from the character or quality of a sub- ject or citizen of the country. 76. Precedence and ceremonial. — Consuls have no claim, under international law, to any foreign ceremonial, and no right of precedence except among themselves and in their relation to 30 CONSULAR REGULATIONS. the military and naval officers of their own country. This precedence, as to officers of the same grade in the consular body of the place, depends upon the date of the respective exequaturs.— i Halleck, ch. 11, sec. 7. (Paragraphs 440-442.) Article V. PRIVILEGES AND POWERS UNDER TREATIES AND CON- VENTIONS. 77. The fundamejital rights and privileges of consular offi- cers depend upon the principles of international law and the custom and usage of nations. Certain rights and privileges are also specifically guaranteed to them by treaties. This article is intended simply as a summary of some of the more important rights and privileges secured to consular officers of the United States by treaties. The several consular trea- ties and conventions with other powers may be found in Appendix III, and in each case the consul must look there for more detailed information. The Department of State must necessarily trust to the discretion of the consul, on the one hand, not to permit his rights to be invaded without pro- test, and, on the other hand, not to claim what he can not maintain. If the rights thus secured by treaty are in any case invaded or violated, the consul will at once complain to the local authorities, to the Department, and to his immediate superior. These complaints should set forth in full all the facts showing the invasion or violation. FAVORED-NATION CLAUSE. 78. Some of the consular treaties of the United States con- tain a clause, commonly called "the most-favored-nation clause." This right is secured by treaties with the Argentine Republic, Austria-Hungary, Belgium, Bolivia, Colombia, Costa Rica, the Dominican Republic, Denmark, Ecuador, CONSULAR REGULATIONS. 31 Egypt, France, Germany, Hawaiian Islands, Haiti, Hon- duras, Italy, Kongo Free State, Korea, Japan,i Madagascar, Morocco, Netherlands (and colonies), Nicaragua, Orange Free State, Pa(raguay, Persia, Peru, Portugal, Prussia, Roumania, Russia, Sa,lvador, Servia, Spain, Switzerland, and Tripoli. In those countries consuls of the United States are entitled to claim as full rights and privileges as have been granted to consuls of other nations. INVIOLABILITY OF THE ARCHIVES AND PAPERS OF THE CON- SULATE. 79. This is secured by treaties with Austria-Hungary, the Argentine Republic, Belgium, Bolivia, Colombia, Denmark, the Dominican Republic, Ecuador, France, Germany, Greece, Haiti, Kongo Free State, Maskat, Netherlands (and colonies). Orange Free State, Peru, Portugal, Roumania, Salvador, Ser- via, Sweden and Norway, and Switzerland. INVIOLABILITY OF THE CONSULAR OFFICE AND DWELLING. 80. This is secured by treaties with Belgium, Bolivia, France, Germany (of consuls not citizens), Italy, Kongo Free State, Korea, Maskat, Morocco, Roumania, Salvador, and Servia; but the dwelling can not be used as an asylum. It is agreed with Colombia that the persons and dwellings of consuls are to be subject to the laws of the country, except as specially exempted by treaty. The consulates in Germany are not to be made asylums for the subjects of other powers. EXEMPTION FROM ARREST. 81. By convention with Belgium, Germany, Italy, Kongo Free State, Netherlands, Roumania, and Servia, the con- sul is exempted from arrest, except for crimes. By treaty ' Treaty of November 22, 1894, which goes into effect July 17, 1899. 32 CONSULAR REGULATIONS. with Turkey he is entitled to suitable distinction and neces- sary aid and protection. In Maskat he enjoys the inviola- bility of a diplomatic officer. In Austria-Hungary and France he is to enjoy personal immunities; but in France, if a citizen of France, or owning property there, or engaged in commerce, he can claim only the immunities granted to other citizens of the country who own property or to merchants. In Austria- Hungary and Roumania, if engaged in business, he can be detained only for commercial debts. In Colombia the consuls of the United States have no diplomatic character. In Great Britain, Liberia, Netherlands (as to colonies), Nicaragua, and Paraguay they are regarded as appointed for the protection of trade. EXEMPTION FROM OBLIGATION TO APPEAR AS A WITNESS. 62. This is secured absolutely by convention with France, and, except for defense of persons charged with crime, by conventions with Austria-Hungary, Belgium, Italy, Nether- lands, Roumania, Salvador, and Servia. In such case the testimony may be taken in writing at the consul's dwelling. If the consul claims this privilege, he should, in such case, offer to give his evidence in the mode prescribed by the par- ticular convention, and should throw no impediment in the way of the proper administration of justice in the country of his official residence. EXEMPTION FROM TAXATION. 83. When a consul is not a citizen of the country in which the consulate is situated, and does not own real estate therein, and is not engaged in business therein, he is secured against the liability to taxation by treaties or conventions with Aus- tria-Hungary, Belgium, Bolivia, Colombia, Denmark, Domin- ican Republic, Efcuador, Egypt, France, Germany, Haiti, Hawaiian Islands, Italy, Kongo Free State, Netherlands (and CONStTLAE REGULATIONS. 33 colonies), Orange Free State, Persia, Peru, Portugal, Rou- mania, Russia, Salvador, Servia, and Switzerland. In Ger- many the official income of a consul is not taxable. In general, if a consular officer engages in business or owns prop- erty in the country of his official residence, he can not claim exemptions in respect of such business or property other than those accorded to citizens or subjects of the country. EXEMPTION FROM MILITARY BILLETINGS OR SERVICE AND PUBLIC SERVICE. 84. If consuls are not citizens of the country of their consu- lar residence or domiciled in it at the time of appointment, exemption from military billetings or service is secured by conventions with Austria-Hungary, Belgium, Prance, Ger- many, Italy, Kongo Free State, and Netherlands. Exemp- tion from all public service is secured by treaties with Co- lombia, Denmark, Germany, Peru; Salvador; and in Colom- bia the exemption also extends to officers, secretaries, and attaches, and in Servia and Roumania to all citizens of the United States. INFRACTION OF TREATIES. 85. The right of consuls to correspond with the local authori- ties in case of any infraction of treaty is secured by con- ventions with Austria-Hungary, Belgium, Colombia, France, Germany, Italy, Kongo Free State, Netherlands (and colo- nies), Roumania, Salvador, and Servia; and in case the local authorities fail to give redress and there be no diplomatic representative, they may apply to the government of the country in which thty, respectively, exercise their functions. USE OF THE NATIONAL ARMS AND FLAGS ON OFFICES AND DV7ELLINGS. 86. The right to place the national arms and the name of the consulate on the offices is given by treaties with Austria- Hungary, Italy, and Netherlands (and colonies); on their 17824 C R 3 34 CONSULAR EEGULATIONS. offices and dwellings by treaty with Belgium and Germany; the right to place the national ilag on their dwellings, except where there is a legation, by treaties with Austria-Hungary, Belgium, Germany, Roumania, andServia; the right to place the arms, name, and flag on their offices or dwellings by treaties with France and Salvador; and the right to place the name and flag on their dwellings by treaty with Colombia. The treaty with the Kongo Free State confers the right to raise the flag on the consular office. DEPOSITIONS. 87. The right to take depositions is secured by conventions with Austria-Hungary, Belgium, Colombia, France, Germany (of American citizens), Italy, Kongo Free State, Netherlands, Roumania, Servia, and Salvador. JURISDICTION OVER DISPUTES BETWEEN MASTERS, OPFICERS, AND CREWS. 88. Exclusivejurisdiction over such disputes in the vessels of the United States, including questions of wages, is con- ferred by treaties or conventions with Austria-Hungary, Bel- gium, Colombia, Denmark, Dominican Republic, France, Germany, Greece, Italy, Kongo Free State, Netherlands (and colonies), Portugal, Roumania, Russia, Salvador, Sweden and Norway, and Tripoli. RIGHT TO RECLAIM DESERTERS. 89. The right to reclaim deserters from the vessels of the United States is conferred by treaties or conventions with Austria-Hungary, Bolivia, Belgium, Colombia, Denmark, Do- minican Republic, Ecuador, France, Great Britain, Greece, Germany, Hanseatic Republics, Haiti, Hawaiian Islands, Italy, Kongo Free State, Japan, Madagascar, Netherlands (and colonies), Peru, Portugal, Roumania, Russia, Salvador, CONSULA.K KEGULATIONS. 35 Sweden and Norway, and Siam; but if a deserter has com- mitted a crime against local law the surrender will be delayed until after punishment. SALVAGE AND WRECKS. 90. The powers of consuls to adjust damages suffered at sea and in matters of wrecks and salvage are settled by treaties with Austria-Hungary, Belgium, Bolivia, Borneo, China, Co- lombia, Dominican Republic, Ecuador, Prance, Germany, Greece, Guatemala, Haiti, Hawaiian Islands, Honduras, Italy, Japan, Korea, Liberia, Madagascar, Maskat, Morocco, Nether- lands (including colonies), Ottoman Porte, Paraguay, Rou- mania, Salvador, Siam, Spain, Sweden and Norway, Tripoli, and Tunis. In Maskat and the Ottoman dominions they have the riglit, in the absence of the owner or agent, to receive the property of American citizens wrecked or captured from pirates. PERSONAL EFFECTS OF DECEASED CITIZENS OF THE UNITED STATES. 91. In Austria-Hungary, Belgium, Germany, Italy, and Netherlands (and colonies) the local authorities are required to inform consuls of the death of their countrymen intestate or without known heirs. In Germany, Roumania, and Ser- via consuls have the right to appear for absent heirs or cred- itors until regularly authorized representatives appear. In Maskat, Morocco, Persia, Peru, Salvador, Tripoli, and Tunis they may administer on the property of their deceased country- men. In Colombia they may do so, except when legislation prevents it. In Costa Rica, Honduras, and Nicaragua they may nominate curators to take charge of such property, so far as local laws permit. In Paraguay they may become tem- porary custodians of such property. In Germany they may take charge of the effects of deceased sailors. 36 CONSULAR REGULATIONS. EXTRADITION OF FUGITIVE CRIMINALS. 92. Provision has been secured in the treaties with certain countries under which the requisitions for the surrender of fugitives from justice may be made by consular officers in the absence of a diplomatic representative. In such cases the requisition is made by the superior consular officer. Treaties of this character have been concluded with Belgium, Colombia, Dominican Republic, Ecuador, Italy, Japan, Neth- erlands, Nicaragua, Norway, Orange Pree State, Ottoman Empire, Russia, Salvador, Siam, Spain, Sweden, and Swiss Confederation. The treaties with Austria-Hungary, Baden, Bavaria, Han- over, and Prussia provide that requisitions for the surrender may be made through " the ministers, officers, or authorities" of the demanding government. The treaty with Great Brit- ain stipulates that requisitions shall be made by "the minis- ters or officers authorized to make the same," and in the treaty with Hawaii " the authorities " may make requisition. The "officers or authorities" who may make requisition under these treaties are such executive agents or officers of the demanding government as may be entitled to recognition for that purpose at the department of foreign affairs of the government applied to. The latter government may, in its discretion, recognize a consular officer or whom it will as agent ad hoc to make the requisition. — 8 Op. Att. Qen.,2JiO. (Par- agraphs 423-425.) JUDICIAL POWERS. 93. By treaties with those countries, consuls have judicial power in civil or criminal cases, or both, in Borneo, China, Japan,' Korea, Madagascar, Maskat, Morocco, Persia, Samoan ' By treaty of November 2, 1894, between the United States and Japan (Articles XVIII and XIX) , the judicial powers of consuls of the United States in Japan will cease July 17, 1899. CONSULAR KEGXILATIONS. 37 Islands, Siam, Tripoli, Tunis, and Turkey. For the extent and character of that jurisdiction, see the treaties and also Article XXX of these Regulations. Article VI. SUPERVISORY POWERS OF CONSULS-GENERAL. 94. To exercise supervisory powers Consuls-general having supervisory powers (paragraph 7) are the immediate official superiors of the consuls within their respective jurisdictions, and will exercise over them, to the extent herein provided, the supervisory powers which in other cases are vested in the diplomatic riepresehtative of the United States. Consuls-general are expected, as far as possible, to see that the consular officers subordinate to them obey the Regulations and carry out the instructions given them ; and from time to time they will make reports or recommendations tending to the improvement of the service in their districts. CORRESPONDENCE. 95. In Austria-Hungary, China, France, Germany, Great Britain and Ireland, Italy, Japan, Mexico (within jurisdiction of Nuevo Laredo), Russia, Turkey, and Cuba consuls and commercial agents will transmit their correspondence and reports to the Department of State, under open cover, through their respective consuls-general. Accounts and correspond- ence relative thereto should be sent by the consular officer directly to the Department or to the Auditor for the State and other Departments, as the case may be. 96. Brazil, Australasian colonies, and Cuba. — The consuls at Rio Grande do Sul and Santos will transmit tlieir correspondence and reports to the Department of State, under open cover, through the consul-general at Rio de Janeiro ; and the other consuls in Brazil will send copies of such of their dispatches as are of special interest or importance to the same officer. 38 CONSULAR REGtTLATIONS. The consuls in Australia, Tasmania, and New Zealand will send their correspondence and reports directly to the Depart- ment, and will send copies of all dispatches of importance to the consul-general at Melbourne. In Cuba the correspondence with the Spanish oflBlcials at Habana will be conducted through the medium of the consu- late-general. LEAVES OP ABSENCE AND NOMINATION OF SUBSTITUTE AND SUBORDINATE OFFICERS. 97. Through consul-general. — Requests for leave of absence and the nomination of substitute and subordinate ofllcers by consuls and commercial agents in the Australasian colonies, Austria-Hungary, Brazil, the Dominion of Canada (except British Columbia and Manitoba), China, Cuba, France (ex- cept the colonies, but including Algiers), Germany, Great Britain and Ireland (except the colonies not herein men- tioned), Greece, Haiti, Italy, Japan, Mexico (but including only those within the jurisdiction of the consul-general at Nuevo Laredo), Roiimania, Russia, Spain, and Turkey must be transmitted through the proper consul-general and receive his written approval. 98. Direct to Department. — Principal consular offtcers not included within the provisions of the preceding paragraph nor Avithin the provisions of paragraph 105 will transmit requests for leave of absence and nomination directly to the Depart- ment of State. 99. Requests, how addressed. — In all cases requests for leave of absence and for the appointment of subordinate ofllcers, whether submitted to a diplomatic representative or a con- sul-general, or sent directly to the Department of State, should be addressed to the Assistant Secretary of State, in accordance with paragraph 129. Both delay and inconven- ience are caused by addressing them to the superior officer in the country of ofllcial residence. CONSULAK EEGULATIONS. 39 100. Temporary appointments. — For the authority of consuls- general to make temporary appointments where a vacancy occurs in the offices both of consul and vice-consul at a con- sulate within their jurisdiction, see paragraph 107. Article VII. SUPERVISORY POWERS OF DIPLOMATIC REPRESENTA- TIVES. 101. Supervisory powers. — Diplomatic representatives in countries where there is no consul-general with supervisory powers will continue, as heretofore, to exercise a general supervision of the consular officers within their respective jurisdictions. And, generally, these representatives will maintain such correspondence with consular officers in the countries to which they are accredited as they may deem conducive to the public interest. It will be the duty of consular officers to endeavor in all cases to comply with their requests and wishes. 102. Where a consul-general In countries where there is a consul-general with supervisory powers the several consuls subordinate to them, respectively, will not correspond offi- cially with the diplomatic representatives of the United States in those countries, unless in reply to communications or inquiries from them, but will make all their representations through their respective consulates-general. 103. Over consuls-general — Diplomatic representatives have the same general supervision over consuls-general which they have over consuls in countries where there is no consul- general. The consul-general in Cuba is, however, directly responsible to the Department of State. 104. China. — Owing to the remoteness of Peking from the consular ports, every consul in China will send to the diplo- matic representative on the first of every month a brief top- ical summary, giving a list of all official communications made 40 CONSULAE REGULATIONS. by Wm during the month preceding to the consul-general, the Department of State, the local Chinese authorities, to consular agents, or to others to whom he may have occasion to write in the course of business, and of all communications received. The consul-general will also in the same way keep the minis- ter fully informed as to the business of the consulate-general, and consular agents will make similar reports to the consul in whose jurisdiction they act. Any event of political impor- tance, whether American interests are directly involved or not, should be immediately reported to the legation. 105. Leaves of absence and nominations Requests for leave of absence or for the appointment of substitute or subordi- nate officers from principal officers in the Argentine Repub- lic, Belgium, Bolivia, Chile, Costa Rica, Denmark (except the colonies), Guatemala, Hawaiian Islands, Honduras, Neth- erlands (except the colonies), Nicaragua, Peru, Portugal and dependencies, Roumania, Salvador, Sweden and Norway, Switzerland, Uruguay, and Venezuela must be accompanied by the written approval of the diplomatic representative of the United States resident in the country. (Paragraphs 97, 98. ) 106. In other countries. — In countries not included in the foregoing nor in paragraph 97 similar requests should be addressed directly to the Department of State. In Colombia, Liberia, and Mexico (except such as are within the jurisdic- tion of the consul-general at Nuevo Laredo), on the receipt of notice of the granting of a leave of absence, the consular officer will promptly inform the diplomatic representative of the contemplated date of departure and of the name of the subordinate left in charge of the office. TEMPORARY APPOINTMENTS. 107. Diplomatic representative may appoint. — In case a vacancy occurs in the offices both of consul and vice-consul, or in case of the absence from the country of both of these officers, or CONSULAR REGULATIONS. 41 in case of other emergencies, which requires tlie appointment of a person to perform temporarily the duties of the consu- late, the diplomatic representative has authority to make such appointment, with the consent of the foreign govern- ment and in conformity to law and these Regulations, imme- diate notice being given to the Department of State. In those countries, however, where there are consuls-general, to whom the nominations of subordinate oflcers are required to be submitted for approval, the authority to make such temporary appointments is lodged with them. Immediate notice should be given to the diplomatic representative of the proposed appointment, and, if it can be done within a rea- sonable time, he should be consulted before the appointment is made. If such a vacancy should occur in a consulate- general, the temporary appointment will be made by the diplomatic representative. 108. Title of appointees — It is required that the appointees to such vacancies should be designated by the title of vice- consul or vice-commercial agent, as the case may be, instead of acting consul or acting commercial agent, and that they shoiild qualify for the office by filing a proper bond in the Department of State, in the manner prescribed for such oflcers. (Paragraphs 21,43.) Article VIII. RELATIONS TO NAVAL OFFICERS OF THE UNITED STATES. 109. Gommauders of squadrons. — When a naval squadron of the United States visits a port where there is a consular offi- cer, it is the duty of the commander of the squadron to send a boat on shore, with an officer on board, who shall visit the consul-general, consul, or commercial agent and tender him a passage to the flagship. 42 CONSULAR EBGUIiATIONS. 110. Salutes — It is the duty of the consul-general, consul, or commercial agent to accept the invitation and visit the flagship, and tender his official services to the commander. He is entitled once while the squadron is in port to a salute of nine guns if a consul-general, of seven guns if a consul, or of five guns if a commercial agent, which may be fired either while he is on board (which is unusual) or while he is being conveyed from the vessel to the shore; in the latter case he will face the vessel, and at the end of the salute acknowledge it by raising his hat. A vice-consul-general, a vice-consul, or a vice-commercial agent, when in charge of the office and acting as consul-general, consul, or commercial agent, is entitled to the same salute as the titular officer. 111. Commanders of vessels — When an American ship of war visits a port, it is the duty of the commander thereof, not a commander of a squadron or in chief, to pay the first visit in person to a consul-general, and to offer him a passage to his ship. If the consular officer be of lower grade than a consul-general, or if the commander be a commander of a squadron or in chief, it is the duty of the comnlander, on the arrival of his vessel in port, to send a boat with an officer to visit the consular officer and tender him a passage to the ship. It is the duty of a consular officer to accept the invi- tation. Consular officers are entitled to the same salutes from a ship of war as herein provided in the case of squad- rons. 112. Social attention to naval officers Though consular offi- cers are expected to use their official position to advance the interests of the Navy, it may be remarked that their salaries are not established on a scale to require social attentions to the officers which call for the expenditure of money, unless they see fit to give them. The fact that such attentions have been given, or are supposed to be required, will not jus- tify a consul in asking increased compensation. CONSULAR EBGULATIONS?, 43 113. When naval force may be asked. — The Navy is an inde- pendent branch of the service, not subject to the orders of the Department of State, and its offtcers have fixed duties pre- scribed for them; consuls will therefore be careful to ask for the presence of a naval force at their ports only when public exigencies absolutely require it, and will then give the offi- cers in command in full the reasons for the request and leave with them the responsibility of action. If the request is addressed to the Department of State, the reasons should like ■ wise be fully stated for its information. Article IX. correspondence with the department of state. 114. Dispatches. ^AU dispatches addressed to the Depart- ment of State, as well as inclosures, must be written in a fair, legible hand, or typewritten, on cap paper, on every page, leaving an inch margin on each side of the page. Dispatch paper of the prescribed form will be supplied by the Depart- ment upon requisition therefor. 115. Typewritten dispatches. — In typewritten dispatches and inclosures care should be taken that a margin of an inch or an inch and a half be allowed at the top of each page before writ- ing the first line. By setting the carriage of the machine so that it will begin to write at No. 10 of the scale, a good margin will be secured on the left-hand side of the first page. On the second page the right-hand side should not be written on beyond the figures 55 marked on the scale. These margins allow the room necessary for binding the dispatches, and also give them a neat and uniform appearance. A margin of an inch should be allowed at the bottom; of each page. 116. Beports. — Reports intended for publication should be written on one side of the sheet only, in order to facilitate their printing. They need not be sent in duplicate. 44 CONSULAR REGULATIONS. 117. Numbering dispatches. — Dispatches must be num- bered consecutively, beginning with the acceptance of the office and continuing consecutively during the term of the incumbent. A vice-consular officer, acting in the absence of his principal, or when from a vacancy or other cause he is in charge of the office, should continue the series of numbers of the principal or of the late consul, as the case may be. This series will, in the case of a vacancy, be continued until the entry of a successor upon his duties. A new series should not be begun with the new year, and the series of numbers of dispatches to the Department of State must not be used in communications to other Departments. Such dispatches as fall under the following heads should not be numbered : 1. Forwarding quarterly accounts and returns. 2. Transmitting advice of drafts. 3. Requisitions for stationery and other supplies. 4. Acknowledging receipt of such supplies. 5. Acknowledging receipt of circulars. 6. Forwarding reports called for by circulars, and, in gen- eral, all reports by consular officers which are not called for by numbered instructions. 7. Acknowledging receipt of monthly Consular Reports. All quarterly accounts and returns should be transmitted under the cover of one dispatch when practicable. 118. One subject. — Each dispatch is, as far as possible, to be confined to one subject, and is to be divided into paragraphs when treating of the several parts of a subject. 119 Correspondence of subordinates.^The official correspond- ence of consular agents, and of marshals, interpreters, and consular clerks, will be submitted to the examination of the principal consular officers to whom they are subordinate or to whose offices they are assigned. Consular agents are not authorized to address the Department of State directly, or to CONSULAK REGULATIONS. 45 make their reports or returns, except through their respec- tive superiors. 120. Form of dispatch — All dispatches to the Department of State should begin upon the third page of the sheet. The second line on the first page should contain the number of the dispatch and the station of the consulate ; the third line, the date of the dispatch; the fifth line, the name of the consular ofi&cer and of the Assistant Secretary of Stat6 ; the seventh line, the general subject of the dispatch; and the subsequent lines of that and the following page (if necessary) a synopsis of the contents. A pro forma dispatch will be found in the appendix. (Forms Nos. 6 and 1. ) 121. Inclosures. — In transmitting inclosures in dispatches, the contents of the inclosures are to be briefiy stated in the body of the dispatch, and attention is to be directed to such points contained in them as may appear to be particularly deserving of notice. In each case, following the signature, the consul should subjoin a "List of inclosures," showing the names of the persons by and to whom the inclosure is written and the subject. Tabular statements accompanying dispatches are in all cases to be footed up. 122. Newspaper extracts. — All extracts from newspapers sent as inclosures must be neatly cut out and pasted upon cap paper corresponding in size with the dispatch, or, when that is not practicable, two copies of the newspaper should be sent. All newspapers containing matter referred to in a dispatch and not sent under the same cover with the dispatch should be addressed in care of the Bureau of Indexes, with an indorsement on the cover showing the number and date of the dispatch to which the matter therein contained refers. 123. Translations. — When inclosures are in a foreign lan- guage, exact copies of the originals are to be forwarded. Translations of these should also accompany the dispatches, unless, from pressing emergency, no time' is allowed to make 46 OONSULAK KEGULATIONS. them. In the case of vouchers for expenditures, the trans- lation must be attached to each voucher. Translations are not required of books, pamphlets, or entire newspapers sent as inclosures. 124. Indorsement of inclosures. — Whenever it is mentioned in a dispatch that a paper is inclosed, an oblique line is to be made in the margin thus ( / ), and above such line is to be placed the number corresponding to the number of inclosures. All inclosures should be indorsed and numbered. The num- bers and indorsements, especially on all accounts and returns, should show briefly but clearly what the inclosures are, and should correspond to the description required in the " List of inclosures " prescribed in paragraph 121. The vouchers of an account should not be set out in the "List of inclosures," but the account only. 125. Series of inclosures — Each series of inclosures is to be numbered anew in each dispatch, commencing with No. 1; and when there are more inclosures than one in a dispatch, each inclosure is to be numbered in the order in which it is to be read. 126. Copies as inclosures. — In transmitting copies of corre- spondence with dispatches, consuls are requested to use half sheets of paper in all cases where they will suffice to contain the text of the note to be copied. In making copies of corre- spondence the blank space on a page at the end of one com- munication should not be used to begin another. The copy of each communication should be on its own sheet, or, if brief, on its own half sheet. Copies should not be made on alternate pages unless intended as copy for the printer. 127. Reference to previous subjects. — When consuls write upon any subject upon which they have previously -written, they will be careful to refer to the number of such previous dis- patches, both by number and date. 128. Folding and sealing. — All dispatches are to be folded CONSULAR REGULATIONS. 47 like those sent from the Department of State. Gum, sealing wax, or wafers are not to be put upon the dispatches or the inclosures, but only on the envelopes which cover them. Paper envelopes should be used for all official communica- tions which cross the ocean in a sealed pouch, and they should be sealed with mucilage alone, unless the communication must go in the open mail from the consulate where it is writ- ten to the place where it is put in the pouch ; in which case wax or paper seals may be affixed to guard against possible opening of the envelope while in transit over the foreign mail route. In other cases cloth-lined envelopes and wax seals will be used when deemed necessary for the safe transmission of the inclosure. 129. Address of dispatch. — All communications to the Depart- ment of State should be in the form of dispatches addressed to the Assistant Secretary of State. Consular officers should not have recourse to private letters addressed to the Secre- tary of State or to other officers of the Department upon topics relating to the official business of their consulates. Where dispatches are regarded as especially of a reserved or secret nature they may be marked " Confidential." All en- velopes covering consular dispatches should be addressed to the Department of State. (Form No. 8. ) 130. Dates of reports. — Dispatches are never to be antedated ; and when returns which are ordered to be transmitted "quarterly," "half-yearly," or "annually" can not be com- pleted on the last day of the quarter, half-year, or year, as the case may be, for want of sufficient information on that date, or for any other reason, the consul will notify the proper Department thereof, and the returns will be made up to that date as soon as practicable thereafter. 131. Special reports. — Reports or returns ordered by Special instructions are to be sent as inclosures in separate dispatches, each dispatch relating solely to the report or return as ordered 48 CONSULAR REGULATIONS. to be made by such instructions. The several quarterly re- ports prescribed by these regulations, of which a recapitula- tion is given in paragraph 587, should be transmitted in a single dispatch, not in separate dispatches. The quarterly account, however, with the Department of State should be sent in a separate dispatch. 132. With whom may correspond on public matters — A consul will hold correspondence on public matters (independently of that which his official duties require him to conduct with the local authorities and individuals of the place where he resides, and oflScers or others employed in our commercial marine) with the Secretary and Assistant Secretaries of State, the Secretary of the Treasury, the Comptroller, the Auditor for the State and other Departments, the Register of the Treasury, collectors of customs as to invoices and prices cur- rent, the diplomatic representative of the United States in the country where he resides, other consular ofl&cers, and with naval or military officers in the service of the United States who may be employed in the neighborhood, and to whom it may be necessary to communicate immediately any event of public interest, and with no other persons. (Paragraph 591.) 133. On private business matters The prohibition of the foregoing paragraph does not apply to correspondence between a consular officer and citizens of the United States touching the private business matters of the latter. This class of correspondence is on the. consul's side official, but is not on public matters. (Paragraph 459. ) 134. Correspondence with other Departments. — With the excep- tion of the correspondence with the Treasury Department respecting accounts, and such other correspondence as special provisions of law or these Regulations may require him to have with other Departments or officers, he will conduct no official correspondence with any other Department except CONSXTLAR KEGULATIONS. 49 througli the Department of State. This instruction is espe- cially applicable to communications from subordinates of other Departments. Such communications should not be answered without first obtaining permission from the Depart- ment of State to do so. 135. Printed matter. — Printed matter should be transmitted under cover open at both ends, if sent through the regular mails. 136. Receipt of instructions — The receipt of all instructions from the Department of State must be acknowledged by return mail. Article X. CITIZENS, PASSPORTS, AND PROTECTION. CITIZENS. 137. MTative citizens. — All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States. The circumstance of birth within the United States makes one a citizen thereof, even if his parents were at the time aliens, provided they were not, by reason of diplomatic character or otherwise, exempted from the jurisdiction of its laws. Indians born within the territorial limits of the United States to whom allotments of land have been made by law or treaty, or who have voluntarily taken up a separate residence within its limits apart from any Indian tribe and have adopted the habits of civilized life, are citizens.— C7. S. Const. Amend. XIV.; R. S., sec. 1992; 24 Stat. L., S88. 138. Children of citizens born abroad. — All children born out of the limits and jurisdiction of the United States whose fathers were at the time of their birth citizens thereof are citizens of the United States; but the rights of citizenship do 17824 c R 4 60 OONStJLAE REGULATIONS. not descend to children whose, fathers never resided in the United States. That the citizenship of the father descends to the children born to him when abroad is a generally acknowl- edged principle of international law. — M. S., sec. 1993. 139. Naturalized citizens. — Naturalization is a judicial act, and a certificate of naturalization, in regular form, by any circuit or district court of the United States, or a district or supreme court of the Territories, or a court of record of any of the States having common-law jurisdiction and a seal and clerk, will be treated by consular officers as conclusive evi- dence of citizenship, except as herein otherwise provided. — B.S., sec. 2165. 140. Chinese and other excepted races.^The Statutes of the United States, with respect to naturalization, authorize the naturalization only of white persons, persons of African nativity or descent, and members of any Indian tribe ornation residing in the Indian Territory. Section 14 of the act of May 6, 1882, also specifically prohibits the naturalization of Chi- nese. The naturalization of Chinese and other Mongolians and of all persons not white, nor of African nativity or descent, nor an Indian as aforesaid is unauthorized and void, and con- sular officers will disregard their certificates of naturaliza- tion.— iJ. S., sec. 2169 J 22 Stat. L., 61, sec. U; 26 Stat. L., 99, sec. iS; 5 Saw., 165; 16 Nev., 50, 61; 84 Cal, 163; 21 Pac. Eep., 993; IJfi U.S., 716. 141. Wife of citizen. — Any white woman, or woman of African nativity or descent, or Indian woman, married to a citizen of the United States is a citizen thereof; and it is immaterial whether the husband became a citizen before or after mar- riage.— i2. S., sec. 1994; 7 Wall, 496; 25 Stat. L., 392. 142. Children of naturalized citizens. — The children of persons who have been duly naturalized under any law of the United States, being under the age of 21 years at the time of the naturalization of their parents, shall, if dwelling in the OONSXTLAR EEGXJLATIONS. 51 United States, be considered as citizens thereof. — R. S.. sec, 217^; 6 Cranch, 176. 143. Declaration of intention. — The declaration of intention to become a citizen of the United States does not make one a citizen, and the certificate of a court that snch declaration has been made is not evidence of citizenship; but when any alien who has made the prescribed declaration dies before he is actually naturalized, the widow and children of such alien are considered as citizens of the United States upon taking the oaths prescribed by law. — R. 8., sees. 2165, 2168. 144. Expatriation — The right of expatriation is declared by section 1999 of the Revised Statutes, but the method by which a citizen may renounce his allegiance to the United States is not specifically provided by statute. It is, however, provided by treaties with certain countries (Appendix TV). Generally, for the purposes of this article, consular oflcers will not consider as citizens of the United States any who have voluntarily become naturalized or otherwise invested with citizenship in a foreign state. — R. 8., sec. 1999. 145. Deserters. — All persons convicted by a court-martial or other court of competent jurisdiction of having deserted the military or naval service of the United States, and who did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President dated the 11th day of March, 1865, and who have not been relieved therefrom by act of Congress or other- wise, are deemed to have voluntarily relinquished and for- feited their rights of citizenship. — R. 8., sec. 1996 j 115 U. 8., 501. PASSPORTS. 146. Who may issue. — Passports can be issued in the United States only by the Secretary of State. In foreign countries they may be issued, granted, and verified only by such diplo- matic and consular oflloers of the United States and under 52 CONSULAR KEGULATIONS. such rules as the President shall designate and prescribe; and no other person shall grant, issue, or verify any such pass- port.— i2. S., sec. 4075. 147. By diplomatic officers — Where a legation of the United States is established in any country, no person other than the diplomatic representative of the United States at such place shall be permitted to grant or issue any passport except in the absence therefrom of such representative. — R. S., sec. 4075. 148. By consulates. — ^No consulate-general, consulate, or com- mercial agency will issue passports, except those thereunto specifically authorized by the Department of State. Consular agencies are never so authorized. 149. To citizens only. — No passport shall be granted or issued to or verified for any persons other than citizens of the United States.— i2. S., sec. Ift76. 150. When issuance discretional — Ordinarily passports should be granted to native or naturalized citizens upon application and the prescribed proof of citizenship. If there is good reason to believe, however, in the case of a naturalized citizen, that his certificate of naturalization has been improperly granted, as for example, that the bearer, not being a seaman or not having served in the army (R. S., sees. 2166, 2174), did not reside within the United States for the continuous term of five years next preceding his naturalization {R. S., sec. 2165), the granting of a passport should be withheld pending the in- structions of the Department of State. The granting of a passport should also be withheld pending the instructions of the Department where the applicant, whether native or nat- uralized, has resided without the United States for a long period of time under such circumstances as to warrant the inference that he has practically abandoned his country. In all such cases the facts should be fully reported to the Depart- ment for further instructions. CONSULAR EEOULATIONS. 53 161. Application.— Native citizens applying for a passport must present their application, make an affidavit with respect to birth, take the oath of allegiance, and furnish an identifi- cation by a creditable person, all in duplicate, and according to Form No. 176. Naturalized citizens must comply with the same requirements, using Form No. 177, or, if claiming citizen- ship through the naturalization of husband or parent, using Form No. 178. A naturalized citizen must also exhibit his original certificate of naturalization, or that of the husband or parent through whom citizenship is claimed, or a duly certi- fied copy thereof from the court granting the same. Further evidence of the applicant's citizenship may be required if deemed necessary. The identity of an applicant for a pass- port should always be established before a passport is issued, and the nature of the proof, whether documentary or by a witness or by the personal knowledge of someone connected with the consulate, should be stated on the application. 152. Expiration of passport.— A passport expires two years after the date of its issuance, and will not be renewed. A new passport may be issued upon a new application in ac- cordance with the provisions of the previous paragraph. 1.53, Old passport in lien of naturalization certificate. — In the case of a naturalized citizen, an old passport issued at the consulate to which the new application is made will be ac- cepted in lieu of a naturalization certificate if the application upon which it was originally issued contains sufficient infor- mation as to the immigration, residence, and naturalization of the applicant. Such old passport should be retained and sent to the Department of State with the application in mak- ing the report required in paragraph 163. 154. Prior passport by Secretary of State When a person applies for a new passport before his old passport has expired, the latter, if issued by the Secretary of State, coupled with, proof that the person in whose behalf it is presented is the 54 CONSULAR EEG-ULATIONS. person named therein, may be taken within two years from its date as prima facie evidence of the citizenship of the ap- plicant. Such passport should be retaiiied and sent to the Department of State with the application in making the report required in paragraph 163. 155. Oath — Consular officers are authorized to administer the required oath in an application for a passport. They must sign the jurat in their official capacity and affix the seal of the consulate thereto. 156. Form and number — Passports issued by a consulate should be according to Form No. 9, and should be numbered, commencing with No. 1 and continuing consecutively until the end of the principal consular officer's term of office. Pro- fessional titles will not be inserted in passports. 157. Wife, minor children, and servants When the applicant for a passport is accompanied by his wife, minor children, or by a servant who is a citizen of the United States, it will be sufficient to state in the passport the names of such persons and their relationship to or connection with him. A separate passport must be issued for each person of full age not the wife or servant of another with whom he or she is traveling. 158. To be signed by holder — Whenever a passport is issued upon an application made in person to a consulate, the consul will see that the same is signed by the person in whose favor it is issued before it is delivered. In sending a passport by mail he should be instructed to sign it upon receipt. 159. Fees — An official fee equivalent to $1 in the gold coin of the United States must be collected for each passport issued. An unofficial fee of 50 cents may be collected for filling out in duplicate an application for a passport, where the consular officer does that, and an unofficial fee of 50 cents for administering the oath in duplicate, and no larger fees in that behalf are permitted. — R. S., sec. 1745. 160. Visa. — A consular officer (including consular agents) CONSULAR REGULATIONS. 55 may visa or verify regularly issued passports by indorsing on tlie passport the word "Good," in the language of the country in which the visa is made, and af&xing to the indorse- ment his official signature and seal. Diplomatic representa- tives should visa passports only when there is no consulate of the United States established in the city where the legation is situated, or when the consular officer is absent or the Gov- ernment of the country refuses to acknowledge the validity of the consular visa. Whenever a passport without signature is presented to be visaed, the holder should be required to sign it before it is visaed the consular officer. An official fee equivalent to $1 in the gold coin of the United States shall be collected for each passport visaed, except special and offi- cial passports, which shall be visaed free of charge. No visa shall be attached to a passport after two years from its date. A new passport may, however, be issued in its place, by the proper authority, upon the conditions hereinbefore provided. 161. Good only in country where accredited. — The visa, or veri- fication, of a passport by a consular officer is designed to give it authenticity and ready acceptance in the country only in which he is accredited. The holder of a passport wishing to establish its genuineness and validity in any other locality should apply to a consul of the United States having recog- nized official character in that locality. 162. Irregular certificates. — Passports can be issued in the United States by the Secretary of State only, and in foreign countries by such diplomatic or consular officers of the United States only, and under such rules as the President shall desig- nate and prescribe. — R. S., sec. 4-075. All other persons act- ing or claiming to act in any office or capacity under the United States, or any of the States of the United States, are forbidden by the statutes, under a penalty of imprisonment not exceeding one year, or a fine not exceeding $500, or both, to grant, issue, or verify any passport or other instrument in 56 CONSTJLAE KEGULATIONS. the nature of a passport to or for any citizen of the United States, or to or for any person claiming to be or designated as such in such passport or verification. — M. S., sec. JfilS. Cer- tificates of citizenship, therefore, issued by an unauthorized person, should not be recognized nor visaed. 163. Return of passports — At the close of each quarter con- sulates having authority to grant passports will make a re- port to the Department of State of all passports issued dur- ing the quarter. One copy of every application, including the oath of allegiance and identification upon which a pass- port has been issued, must be transmitted with the report. The report should be made according to Form No. 121, and should state, with respect to each passport, (1) date of issu- ance; (2) person to whom issued, placing the surname before the Christian name; (3) number of passport; (4) evidence on which the passport was issued; (5) fee received. 164. Return of passports visaed At the close of each quarter all consulates will make a report to the Department of State of all passports visaed or verified during the quarter. This report should be made according to Form No. 122, and should state, with respect to each passport, (1) by whom it was issued ; (2) date of issuance; (3) number of passport; (4) person to whom issued, placing the surname before the Christian name ; (5) date of visa; (6) prior visas thereon, dates thereof, and by whom made; (7) any further explanation required. 165. Certificates of deposit of passports Certificates in the nature of passports and to be used as such are forbidden. In countries, however, where the local laws or regulations re- quire the deposit of a passport during the temporary sojourn of a traveler a consular certificate setting forth the facts as appearing from the passport may be granted; but only to comply with the requirements of the local law or regula- tion. Such certificates should be according to Form No. 179, unless the law of the country prescribes a different form, in CONSULAR REGULATIONS. 57 t which, case the consul will transmit a copy of such form to the Department of State. 166. China. — In China applications for passports should be addressed to the legation in the form herein required, but the applicant should give his full Christian name and sur- name in both the English and the Chinese languages. Where the application can not be sworn to before a consul, and no notary or other officer authorized to administer oaths is accessible to the applicant, he may transmit the application accompanied by a certificate signed by himself and two wit- nesses, according to Form No. 180. 167. Chinese travel certificates — In China consuls may issue travel certificates according to Form No. 181 to persons who possess passports as citizens of the United States and are about to make a journey into the interior of China, when such certificates are required by the local authorities, such certifi- cates to be good for one year from their date. They may like- wise issue travel certificates according to Form No. 182 to persons who have made a formal application for passports as citizens of the United States; but such certificates should be issued only when the party desires to start on his journey before his passport can be received from the legation, and must be expressed to be good only for the journey for which it is sought. And its validity for such journey shall not be of greater dura- tion than one year. If the application for a passport in such case is refused upon the ground that the applicant is not a citizen of the United States, it becomes the duty of the consul who issued the certificate to notify the person to whom it was issued and the proper Chinese authorities that the travel cer- tificate is no longer valid. PROTECTION. 168. Naturalized citizens — All naturalized citizens of the United States while in foreign countries are entitled to and 58 CONSULAR REGULATIONS. shall receive the same protection of person and property which is accorded to native-born citizens. — M. S. sec. 2000. The United States have treaties, however, with several coun- tries regulating and controlling the status of naturalized citi- zens of the United States on their return to their native land. The treaties may be found in Appendix IV, and in so far as they modify the foregoing they are controlling. 169. Circumstances under which withheld Ordinarily, citizens of the United States, whether native or naturalized, subject to the provisions of the foregoing paragraph are entitled to the protection and intervention of diplomatic and consular officers in proper cases. The right of a citizen, however, to claim protection is founded upon the correlative right of this Government to claim his allegiance and support. Where a citizen, therefore, has resided abroad for a long period of time under such circumstances as to warrant the inference that he has practically abandoned his country, consuls may withhold their intervention pending the instructions of the legation or of the Department of State. 170. Intervention. — When a consul is satisfied that an appli- cant for protection has a right to his intervention, he should interest himself in his behalf, examining carefully into his grievances. If he finds that the complaints are well founded, he should interpose firmly, but with courtesy and moderation, with the local authorities in his behalf and report the case to the legation for its further action, if any be required. 171. Duties toward American citizens. — The powers and duties of consular officers in regard to their fellow-citizens depend in a great measure upon the municipal law of the United States. No civil jurisdiction can be exercised by them over their countrymen without express authority of law, or by treaty stipulation with the state in which they reside; and no criminal jurisdiction is permitted to them in Christian states. CONSULAR REGULATIONS. 59 They are particularly cautioned not to enter into any con- tentions that can be avoided, either with their countrymen or with the subjects or authorities of the country. They should use every endeavor to settle in an amicable manner all dis- putes in which their countrymen may be concerned, but they should take no part in litigation between citizens. They should countenance and protect them before the authorities of the country in all cases in which they may be injured or oppressed, but their efforts should not be extended to those who have been willfully guilty of an infraction of the local laws. It is incumbent upon citizens of the United States to observe the reasonable laws of the country where they may be. It is their duty to endeavor on all occasions to maintain and promote all the rightful interests of citizens, and to protect them in all privileges that are provided for by treaty or are conceded by usage. If representations are made to the local authorities and fail to secure the proper redress, the case should be reported to the consul-general, if there be one, or to the diplomatic representative, if there be no consul- general, and to the Department of State. 172. Register of American citizens — It is desirable, for many reasons, that principal consular officers should keep at their of&ces a register of all American citizens residing within their several districts. There is no authority under which registra- tion can be made compulsory, but the obvious advantages to persons who may at any time need the services of a consular officer will suggest themselves. Consuls, therefore, will take care to make known that a register is kept, and invite aU resident Americans to enter their names. The same general principles govern applications for registry that apply to appli- cations for passports. (Paragraph 151. ) No form of register is now prescribed, but it should show, as to native citizens, the date and place of birth and last residence in the United 60 CONSULAR REGULATIONS. States, and, as to naturalized citizens, also the date of natu- ralization and the court by which the certiJBicate of naturaliza- tion was granted. The register is, however, not intended to include the names of travelers or transient sojourners, but only those of such citizens as may have domiciled themselves in the district or are, for whatever reason, residing therein. No fee will be charged for registration, nor for any service connected with it. 173. Eastern countries — In Eastern countries, and especially in the Turkish dominions, protection, in accordance with local custom, may be given to aliens actually in discharge of ofScial duties under the direction of consular officers or employed in their domestic service. Where consular protection is regu- lated by treaty, it must conform strictly to the provisions of the treaty. No instrument in the nature of a passport should be issued to aliens thus protected, but when necessary a certifi- cate may be given setting forth their relation and duties in connection with the consulate. Consuls will report to the Department of State on the 1st of January and July of each year the names and occupations of all aliens to whom, during the six months preceding, such protection may have been given, or by whom it may have been claimed. 174. Protection of foreign subjects in certain cases. — Requests have occasionally been made upon the Government of the United States to permit its diplomatic and consular officers to extend their protection to citizens or subjects of a foreign government who may desire it and who may be sojourning at places where there are no diplomatic or consular represent- atives of that government. This Government has from time to time, upon the request of friendly powers, given to its diplomatic and consular officers authority to take upon them- selves, with the consent of the government within whose jurisdiction they reside, the function of representing those powers at places where the latter had no such officers. It eONSULAE KEGXJLATIONS. 61 has understood this authority to be restricted simply to the granting of the services and good offices of our represent- atives, with their own consent, to meet what has ordinarily been a fortuitous and temporary exigency of the friendly government. "When this function is accepted — which must be done only with the approval of the Department of State — the diplomatic or consular of&cer becomes the agent of the foreign government as to the duties he may perform for its citizens or subjects. He becomes responsible to it for his dis- charge of those duties, and that government alone is respon- sible for his acts in relation thereto. He does not, however, for this purpose, become a diplomatic or consular officer of the foreign government. (Paragraph 463. ) Article XI. MERCHANT VESSELS. 175. Deposit of ship's papers — The Revised Statutes, under a penalty of $500, require every master of a vessel belonging to citizens of the United States, who shall sail from any port of the United States, on his arrival at a foreign port, to deposit his register and also his sea letter and Mediter- ranean passport, if he have any, with the consular officer of the United States, if there be one at such port.^ — R. S., sees. 4S09, IfSlO. It is usual also to deposit with the consular officer the crew list and shipping articles, and these docu- ments, together with the register, are generally described as the "ship's papers." This provision of the statute applies to registered vessels only, i. e., to those engaged in commerce between the United States and foreign countries, and does not apply to enrolled or licensed vessels, to which class belong whaling and other fishing vessels. — '21 Op. Ait. Gen., 190. Sometimes there is a provision of treaty requiring the deposit of ship's papers by all American vessels, whether 62 CONSULAK EEGULATIONS. registered or not. In sucli cases masters must comply with the provisions of the treaty. 176. Eegistry and flag evidence of nationality. — The certificate of registry of a vessel under the laws of the United States and proof that she carries an American flag are competent evidence and prima facie suflftcient to establish her nationality without direct proof of the citizenship of her owners. — 15 Ji. U.S.,1S1. 177. Arrival. — An "arrival" within the intent of the law means an arrival for purposes of business requiring an entry and clearance at the custom-house of the foreign port. If the vessel enters the foreign port conformably to the local law or usage, her coming amounts to an arrival, independently of any ulterior destination, or the time she may remain or intend to remain, or of the particular business to be transacted there.— ^ Op. Att. Gen., 890; 9 Id., 256; 11 Id., 72. A vessel putting into a foreign port to get information only, and not entering, or breaking bulk, or discharging seamen, or requiring new seamen, or needing the aid of the consular officer in any respect, can not be said to make an arrival at that port within the meaning of the law. Vessels driven into a port are not required to deposit their papers with the consular officer, unless formal entry be afterwards made or consular services required. — 9 How., 372. An arrival at a foreign port from another foreign port, in the course of the voyage, is an arrival within the meaning of the law.— 9 Fed. Rep., 159. 178. Refasal of master to deposit papers. — ^It is the duty of a consular ofllcer, on the arrival of an American vessel, should the master neglect to deliver his ship's papers, as he is directed by law, to inform him of the necessity of so doing by showing him the law that requires it and apprising him of the penalty he will incur by refusal or neglect. — B. S., sec. iSlO. If he fail to comply, a certificate of the fact, under the OONSULAK KEGULATIONS. 63 consular seal (Form No. 12), must be immediately sent to the Department of State, giving the name and a description of the vessel, the port to which she belongs, where bound, and the usual residence of the master. In such case, it is de- sirable that the consular of&cer should send some other evi- dence of the arrival and departure of the delinquent master with his vessel besides that of his own certificate, as it has been held that such evidence of any fact is not sufficient, unless expressly or impliedly made so by statute. The suit to recover the penalty is conducted in the name of the consul for the benefit of the United States, but under the direction of the Attorney-General. The consul's duty with respect thereto consists only in furnishing the evidence. 179. Papers to be safely kept — When the ship's papers are received, they are to be kept together in as safe a place as possible, to guard against fire and other accidents; and the consular officer, on receiving such papers, shall give a certifi- cate of the fact (Form No. 13), or a receipt under seal, and make an entry in his consular record, specifying the time of delivery, the name of the vessel, the master, and the char- acter of the papers deposited. 180. When consul may return papers. — Whenever the master shall produce the clearance of his vessel from the proper officer of the port, and shall comply with the provisions of law relat- ing to the discharge of seamen in a foreign country, and shall pay to the consular officer the arrears of wages and the extra wages that may be due for every seaman discharged at his port, and such fees as are collectible, under the law and these Regulations, and shall pay all other demands, on account of the vessel, of which cognizance is given to consul, then he shall be entitled to the return of all the ship's papers de- posited with the consular officer. On return of certificate, as in Form No. 13, there should be given with the papers a new certificate (Form No. 14). Until all these provisions of 64 CONSULAR BEGULATIONS. law are complied with, the consular officer should retain the papers, although the clearance may be regular and in due form. He has no authority to withhold a ship's papers to compel payment of the demands of creditors against the vessel. — B. S., sees. 1718, 4309; 9 Op. Att. Gen., S8i. (Paragraph 225.) 181. When master sails without papers — When a master sails from a port, leaving, from whatever cause, the ship's papers in the hands of the consular officer, it is the duty of the con- sular officer to transmit them without delay to the Depart- ment of State, together with a full statement of the facts and circumstances under which he retained them. 182. Consular fees — Whenever any master or commander of a vessel of the United States has occasion for any consular or other official service which any consular officer of the United States shall be authorized by law or usage officially to per- form, and for whic!h any fees are allowed by the rates or tariffs of fees, he shall apply to the consular officer at the consulate or commercial agency where such service is required to perform such service ; but no vessel's fees shall be collected by consular officers from such a vessel. — R. 8., sec. 1718; 23 Stat. L., 56, sec. 12. The masters of foreign-built vessels, wholly owned by citizens of the United States, shall pay to such consular officer the fees lawfully chargeable for such service, who shaU account for the said fees to the Treasury as official, excepting such as he may collect for shipping and dis- charging seamen who are not American seamen within the meaning of the law. — 18 Op. Att. Gen., 2S4. 183. Written statement of services, — It is the duty of all mas- ters of vessels for whom any official service shall be performed by any consular officer, without the payment of a fee, to re- quire a written statement (Form No. 167) of such services from such consular officer, and, after certifying as to whether such statement is correct, to furnish it to the collector of the CONStTLAR KEGULATIONS. 65 district in which such vessels shall first arrive on their return to the United States; and if any such master of a vessel shall fail to furnish such statement, he shall be liable to a fine not exceeding $50, unless he shall state, under oath, that no such statement was furnished him by the consular officer. (Paragraph 523. ) When, however, the consular officer who performs the services is one who receives a fixed salary, the above requirement of a written statement of services to be given the master is waived, except in cases where official fees or charges, or extra wages or arrears of wages of seamen, are actually collected, in which cases the receipts for the moneys are to be received by the masters and delivered to the collec- tor, as provided.— i2. S., sec. 4^13; 23 Stat. L., 53, sec. 13. 184. Masters to receive bullion, but not the mails. — It is made the duty of all vessels belonging to citizens of the United States, and bound from a foreign port to a port in the United States, before clearance, to receive on board all such bullion, coin. United States notes and bonds, and other securities as any minister, consul, vice-consul, or commercial or other agent of the United States abroad shall offer, and to securely convey and promptly deliver the same to the proper author- ities or consignees on arriving at the port of destination. For such service they shall receive such reasonable compen- sation as may be allowed to other carriers in the ordinary transactions of business. But American vessels are not obliged to carry the mails to and from the United States unless under contract so to do. — R. S.,sec. 4^04; 23 Stat. L., 58, sec. 23. 185. Manifests required of all vessels The statutes regulating the collection of duties on imports and tonnage and relating to manifests apply as well to vessels owned in whole or in part by foreigners as to vessels of the United States, and consular officers are therefore instructed to inform the masters of all vessels leaving their ports for the United States that they are 17824 C R 5 66 CONSULAR EEGULATIONS. reqiiired to produce manifests in accordance with, the pro- visions of law regulating the collection of duties on imports and tonnage. 186. Protests. — Consular ofllcers have the right, in the ports or places to which they are appointed, to receive the protests or declarations which such captains, masters, crews, passen- gers, and merchants as are citizens of the United States may respectively choose to make there, and also such as any for- eigner may choose to make before them relative to the per- sonal interest of any citizens of the United States; and copies of such acts, duly authenticated by the consular officer under his official seal, are to receive faith in law equally as their originals would in all courts of the United States. The nature of these instruments will depend in each case upon the par- ticular facts to be protested against. — B. 8. , sec. 1707. (Forms Nos. 37, 38, and 39.) 187. Charts and notices to mariners. — Consular officers are required to keep the pilot charts and all notices to mariners published by the hydrographic officer of the Navy Depart-, ment — and which are regularly forwarded to them — in con- spicuous positions, to call the attention of shipmasters thereto, and to afford masters of vessels every facility for their exami- nation. They will also inform captains that branches of the above-mentioned office have been established in the maritime exchanges of the principal seaboard cities, where (free of charge) all the information collected by said officer may be obtained, and where shipmasters are requested to call and report any information which will be of benefit to the mari- time community at large. They are also required to forward without delay to the Department of State any information they may obtain whichi can possibly be utilized for the benefit of the seafarer and to decrease the dangers of navigation. 188. Miscellaneous duties and forms It has been customary to give to the consular officers a variety of forms to aid them CONSULAK REGULATIONS. 67 in their business intercourse with masters and seamen which sufficiently explain themselves without the necessity of in- structions. For declaration of a master in case of death or loss of a mariner, see Form No. 74; of same to correctness of log book, see Form No. 75 ; of same to ship's bills for repairs, see Form No. 76 ; for certificate in case of deviation of voy- age, see Form No. 77; for certificate of ownership of a vessel, see Form No. 78 ; for crew list when required by port authori- ties, see Form No. 79; for order to pay seamen's wages at home, see Form No. 80; for master's acknowledgment to the same, see Form No. 81 ; for certificate of shipment of seamen, see Form No. 82; for master's agreement to increase wages, see Form No. 83, and for form to be used when shipwrecked seamen are picked up at sea and conveyed to any port, see Form No. 84. For form of an average bond, see Form No. 160. Forms for the authentication of signatures and cer- tificate that an oflicer is qualified to administer oaths are given in Forms Nos. 88 and 89. (Paragraphs 335 and 464.) Article XII. SHIPMENT OF SEAMEN. 189. Seamen to be engaged in presence of consul. — Every mas- ter of an American merchant vessel who engages any seaman at a place out of the United States in which there is a consu- lar officer is required by law to engage the seaman in his presence and procure his sanction before carrying the seaman to sea. — E. S., sec. 4517. The agreement is to be made as shown in Form No. 15, and must be signed in duplicate by the master before any seaman signs. Each seaman must sign in duplicate in pres- ence of the consular officer, and such officer shall indorse upon the agreement his sanction thereof and attestation to the effect that the same has been signed in his presence and 68 CONSULAR REGULATIONS. made as required by law. — E. S., sec. 4^17. (Form No. 16; paragraph 196.) 190. Seamen must understand contract. — Consular officers will be particular to see that the engagements of seamen are signed in their presence by the seamen, or in the presence of some duly authorized employee of the consulate, and that the terms and conditions of engagement are clearly under- stood by them. This injunction should be carefully observed in view of the grave abuses that have arisen from the shipping of seamen by unauthorized shipping agents, and from a lack of knowledge on the part of the seamen of the terms of contract or of the kind of service for which they were engaged. A seaman is not bound by a clause in the con- tract which was not read or explained to him. — jR. S., sees. 1786, JfilT; 15 Fed. Rep., 621; 38 Fed. Rep., 258. 191. Rules as to shipment. — The rules governing the engage- ment of seamen before a shipping commissioner in the United States, as laid down in Title LIII of the Revised Statutes, apply also to such engagements made before a consular offi- cer. — R. S., sec. 1)517. Every master who engages a seaman in any place in which there is a consular officer otherwise than in his presence and with his sanction incurs a penalty of not more than 1100, for which penalty the vessel is liable. — R. S., sec. Ii518. The shipment of a seaman under such circumstances is void; such seaman may leave the service at any time, and is entitled to recover the highest rate of wages at the port of shipment, or the sum agreed to be given him at his ship- ment. — R. S., sec. 1)528. This statute is not applicable to contracts whereby fishermen ship for shares in the catch. — 25 Fed. Rep., 856. 192. In case of loss by desertion In case of loss by desertion or casualty, the master may ship a number of seamen equal CONSULAR BBGTJLATIONS. 69 to the number so lost, and report tlie same to the consul of the United States at the first port at which he shall arrive. The seamen must then be formally engaged and entered on the shipping articles. — R. 8., sec. 4^16. 193. Seamen may be hired in foreign port. — Every master of a vessel in the foreign trade may engage any seaman at any port out of the United States, in the manner provided by law, to serve for one or more round trips from and to the port of departure, or for a definite time, whatever the desstina- tion; and the master of a vessel clearing from a port of the United States with one or more seamen so engaged in a for- eign port is not required to reship such seamen in a port of the United States, nor to give bond, as required by section 4576 of the Revised Statutes, to produce such seamen before a boarding ofiicer on the return of said vessel to the United States. And the master of a vessel in the foreign trade may engage a seaman at any port in the United States, in the manner provided by law, to serve on a voyage to any port, or for the round trip from and to the port of departure, or for a definite time, whatever the destination. So, too, the master of a vessel making regular and stated trips between the United States and a foreign country may engage a seaman for one or more round trips, or for a definite time, or on the return of said vessel to the United States may reship such seaman for another voyage in the same vessel, in the manner provided by law, without the payment of additional fees to any officer for such reshipment or reengagement. It will thus be seen that a master has full power to ship his crew, or any part of it, " by the run," or for a given port or time, or for a round trip, and such shipments may be made either in foreign or domestic ports. — 8S Stat. L., 58., sees. 19 and 20. (Paragraph 205.) 194. Shipping articles.— The shipping articles are deemed to 70 CONSULAR BEGtTLATlONS. contain all the conditions of the contract with the crew as to service, pay, voyage, and all other things, and must be pro- duced by the master to any consular oflBLcer whenever the lat- ter may think them necessary to the discharge of his duties toward any seaman who may require his assistance, or for any other proper purpose connected with his duties to the vessel or crew. The shipping articles, the evidence of the seaman's contract, are construed with great liberality, and most favorably to the seaman. A seaman may show by pa- rol that untrue statements were made to induce him to sign, and that the voyage and time of service described in the arti- cles were different from the voyage and time of service de- scribed to him before he signed. All interlineations, era- sures, or writing in a hand different from that in which such duplicates were originally made are presumed to be fraudu- lent alterations, unless satisfactorily explained or unless they are immaterial. — R. S.,sec. J^15; Olcoit, 232; 1 Blotch. & H., 83; 2 Cv/rtis, 317; 20 Fed. Rep. 65^. (Paragraphs 190, 241.) Shipping articles can not lawfully provide for forfeiture of wages in excess of that provided by statute. — 27 Fed. Rep. , 567. 195. Vessels purchased abroad.— In the case of American or foreign built vessels purchased abroad and wholly owned by American citizens, the crews are usually made up of men who are not American citizens and who have not acquired the character of American seamen under the law as set forth in paragraph 199. Seamen of this class, when not serving under a contract made in the United States, are not regarded as within the jurisdiction of a consular officer as to their ship- ment or discharge. But seamen engaging on such vessels who are American citizens, and foreigners who have acquired and maintained the character of American seamen, are to be shipped and discharged before the consular officer in the same manner as seamen on regularly documented vessels. 196. New shipping articles — Consular officers will be careful CONSULAR REGULATIONS. 71 to enter the shipment of seamen on the original articles until the space is exhausted ; and whenever it becomes necessary to use additional articles, they should firmly attach them to the original articles in such a manner, either as prescribed for the attachment of the consular certificate to an invoice or otherwise, that the new articles can not be separated from the original without discovery or mutilation. 197. Certificate for cancellation of crew bond. — When it is nec- essary to grant new articles to a vessel, the crew of which was named in articles given at a port of the United States, the consular ofl&cer shall transmit to the collector of customs at the port whence the vessel cleared a certificate for cancel- lation of crew bond as provided for by section 4576 of the Revised Statutes, under his hand and seal, specifying the seamen to whose discharge he consented, and also those who may have died, absconded, or been forcibly impressed into other service. (Form No. 21; paragraph 205.) 198. Shipping agents — No undue facilities are to be granted to favored shipping masters to the exclusion of others of equal respectability. The selection of an agent to obtain seamen for shipment belongs to the master of the vessel, and in the absence of controlling local regulation he is at liberty to employ any person he may see fit. The consular officer has no authority to interfere, nor to confer upon any shipping agent privileges which are not conceded to others. He is also without authority to designate such an agent as specially employed by the consulate, or to permit an agent to use a title, as "American shipping agent," or "United States ship- ping agent," indicative of a special relation to the consulate. Though it is expected that a consular officer will inform him- self as to the character of such agents, and will, on the request of a master, recommend such as he believes to be ef&cient and trustworthy, he is forbidden to insist upon the employment of any particular agent. Any authenticated 72 CONSULAR REGULATIONS. instance of such partiality or favoritism wHich shall be reported to the Department of State will incur its marked disapproval. Article XIII. DISCHARGE OF SEAMEN. 199. American seamen defined The following are to be re- garded as American seamen within the meaning of the laws relating to the discharge, wages, and extra wages of seamen, viz: 1. Seamen, being citizens of the United States, regularly shipped in an American vessel, whether in a port of the United States or in a foreign port. 2. Foreigners regularly shipped in an American vessel in a port of the United States. 3. Seamen, being foreigners by birth, regularly shipped in an American vessel, whether in a port of the United States or a foreign port, who have declared their intention in a com- petent court to become citizens of the United States, and have served three years thereafter on American merchant vessels. For all purposes, however, of protection, such sea- men are to be deemed American citizens after filing in a competent court a declaration of intention to become such citizens. — R. S., sec. 217 Jf. It is the duty of consular offi- cers to satisfy themselves that seamen claiming relief under this statute have complied with its provisions ; if not so satis- fled, they will be authorized to treat them as foreigners in this respect. 200. Definition of terms — For the purposes of these Kegula- tions the terms "American seamen" and "Seamen or mari- ners of the United States " are synonymous, as are also the terms "American vessel " and "Vessel of the United States." The principles which are maintained by this Government in regard to the protection, as distinguished from the relief, of CONSULAR EBGTTLATIONS. 73 seamen are well settled. It is held that the circumstance that the vessel is American is evidence that the seamen on board are also American, and that in every regularly docu- mented merchant vessel the crew will find their protection in the flag that covers them. — IJfl U. S., J/BS. 201. Prima facie evidence of citizenship. — The shipment of a seaman in a port of the United States as an American citizen is to be held prima facie evidence that the seaman is by birth or naturalization a citizen; and when the nationality of the crew does not appear from the crew list, it will be presumed that they are citizens of the United States. — 10 C. Cls. M. , 45^. 202. Seamen on fishing vessels — American seamen, as above defined, engaged on fishing vessels are to be regarded in the same relation as seamen on other vessels to the laws in respect to discharge, wages, extra wages, relief, and transportation. 203. Master is a seaman. — ^A master of an American vessel is a mariner, or seaman, within the intent of the laws relating to discharge, wages, extra wages, relief, and transportation. — 11 Op. Ait. Gen., 4^8; S Sumn., 209. In case of destitution abroad, he is entitled to the same relief as other seamen, and he may be sent to the United States at the public expense. There is no authority, however, for incurring greater expense for his maintenance, clothing, or transportation than is allowed for other seamen ; and in no case may a consular officer advance money to a master or other seaman to be reimbursed by the Government. 204. Crew defined — The following persons of a ship's com- pany are to be deemed seamen, or mariners, in addition to the oflftcers and the crew immediately concerned in the naviga- tion of the vessel, viz: The surgeon, the purser, the cook, the steward or stewardess, the cabin boy, an apprentice, the car- penter, the cooper on board whaling or other fishing vessels, and the engineers, pilots, and firemen of steam vessels. — Ov/rtis on Seamen, 5. 74 CONSULAB REGULATIONS. 205. Bond for return of seamen. — It is required by law of the master of every vessel bound on a foreign voyage, or engaged in the whale fishery, to enter into a bond in the sum of $400 that he will exhibit the certified copy of the crew list to the first boarding officer at the first port in the United States at which he shall arrive on his return, and also produce the persons named therein. But the bond is not forfeited on account of the master not producing any of the persons con- tained in the list who may be discharged in a foreign country with the consent of a consular officer, certified in writing, under his hand and official seal, to be produced to the col- lector, with the other persons composing the crew; nor on account of any such persons dying or absconding or being forcibly impressed into other service, of which satisfactory proof shall be then also exhibited to the collector. He can not lawfully discharge a seaman in a foreign port without the intervention of the consular officer; and it is not material in such case that the discharge is made with the seaman's con- sent, or that he has misconducted himself , or is not a citizen of the United States.— i?. S., sec. JiS76; 7 Op. Att. Gen., 3^9; 1 Low., 107; Taney's Dec, H- (Paragraph 193.) 206. Authority to discharge.— A consular officer is authorized by statute to discharge a seaman, upon his own application or upon that of the master, if it appears to such officer that the seaman has completed his shipping agreement, or is entitled to his discharge under any act of Congress or accord- ing to the general principles or usages of maritime law as recognized in the United States. — R. 8., sec. J^BSO; 23 Stat. L., Si, sec. 2. 207. Cases in which seamen are discharged. — The usual cases in which American seamen are discharged in a foreign port by consular officers, under the provisions of statute and the principles of maritime law, may be stated as follows : 1. For misconduct of the seaman. — 36 Fed. Rep., i^^. CONSTJLAK REGULATIONS. 75 2. On the sale of an American vessel abroad. — JR. 8., sec. 4682. 3. When the seaman has completed his shipping agree- ment.— i?. S., sec. 4580 J 23 Stat. L., 54, sec. 2. 4. Upon the complaint of a seaman that the voyage is con- tinued contrary to agreement, and the consular officer is satisfied that the voyage has been designedly and unneces- sarily, prolonged in violation of the articles of shipment. — R. S., sec. 4583 J 23 Stat. L., 54, sec. 3. 5. When the desertion of a seaman has been caused by unusual or cruel treatment. — B. S., sec. 4600; 25 Stat. L., 65, sec. 6. 6. After a report by inspectors that the vessel was sent to sea unsuitably provided in any important or essential par- ticular, by neglect or design, and the consular officer ap- proves such finding, and the crew, or any of them, request their discharge. — B. S., sec. 4561; 23 Stat. L., 54, sec. 4- 7. In consequence of the sickness of the seaman and ina- bility to perform his duties, or in consequence of any hurt or injury received in the service of the vessel. — B. S., sec. 4583. 8. By mutual consent of master and seaman. 9. When the seaman is arrested and awaits trial for an ofEense against local laws abroad, or is imprisoned for such an ofEense, or is held as a witness. When, also, he is sent to the United States as a prisoner or witness. 10. When one seaman is exchanged for another, or when he is transferred to another vessel in a foreign port, or when he is promoted to be an officer of the vessel, or when an officer is disrated to the grade of seaman, and the rule ap- plies equally to the disrating of any member of the crew. — 9 Fed. Bep., 222. 11. When the vessel is wrecked or stranded, or condemned as unfit for service. 12. When the master is superseded by the majority owners 76 CONSULAK KEGULATIONS. and a new master appointed, or where he is removed by the consular ofB.cer. This clause does not refer to the crew, who are not entitled to be discharged when the master is thus superseded or removed. — B. S., sec. 4^50. (Paragraph 216.) 208. Where defects are accidental. — Where, upon the report by inspectors, in pursuance of section 4561, of the Revised Stat- utes, the defects or deficiencies found to exist have been the result of mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against before the sailing of the vessel, and the master shall, in a reasonable time, remove or remedy the causes of complaint, the crew shall then remain and discharge their duty. — SS Stat. L., 54, sec. Jf.. 209. Certificate of discharge — When a seaman is discharged in a foreign port, it is the duty of the consular officer to attach a certificate thereof both to the crew list and shipping arti- cles, and also to cause a certificate to be given to the seaman. (Forms Nos. 17 and 18.) The certificate of discharge is only prima facie evidence of the facts stated therein; the illegality of the discharge may be shown in rebuttal of the consular certificate. — S6 Fed. Rep. , 442. The rules respecting the set- tlement of wages on the discharge of a seaman are to be found in section 4552 of the Revised Statutes and in para- graph 231 post.— i?. 8., sees. 4551, 4516. 210. Desertion from cruel treatment. — When a consular officer discharges a seaman in case of desertion caused by unusual or cruel treatment, he must gnter upon the crew list and shipping articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and the facts as to his discharge or reengagement, as the case may be, and subscribe his name thereto officiallJ^ — 2S Stat. 54, sec. 6. (Paragraphs 300, 302.) 211. Discharge for cruel treatment, though no desertion. — The like power and duty devolve upon consular officers when CONSULAR BEGULATIONS. 77 seamen who have not deserted complain of unusual and cruel treatment, as well as in all cases of such treatment, by whomsoever the ease is brought before the consul. The statute is not limited to cases in which deserters are apprehended. Their rights do not depend upon the deser- tion, but on the treatment. Otherwise, the master, by forc- ing the crew from the ship without permitting them to see the consul, and then refusing to apprehend them, might rob them of their wages by treating them as deserters not worthy of being reclaimed. — 2 Low., 81. 212. Discharge without consent of seaman. — It is the general policy of the laws of the United States to discountenance the discharge of seamen in a foreign port. — 1 Cliff., 11)5; S Saw., S50. When the application for the discharge of a seaman is made by the master, it is the duty of the consular officer to inquire carefully into the facts and circumstances, and to satisfy himself that good and substantial reasons exist for a discharge before granting the application. — 59 Fed. Bep. , 790. A seaman is not to be discharged for slight or venial offenses, nor for a single offense, unless of a very aggravated char- acter.— i Ware, 58 j 22 Fed. Bep., 927 j 68 Id., 1018. If the seaman is charged with insubordination, it should satis- factorily appear that he is incorrigibly disobedient and will not submit to his duty, and that he persists in such conduct. Gross dishonesty, habitual drunkenness, and a disposition to instigate broils and quarrels to the destruction of the dis- cipline of the crew have been held to be sufficient ground for discharge.^? J5en., SIS, 320; 36 Fed. Bep., ItJfi. But it is otherwise if the offense is temporary, and if the offender is repentant and is willing to amend and return to duty. 213. Gfronnds of discharge. — Generally, the grounds on which a seaman may be discharged, when insubordination or bad conduct is alleged, are such as amount to a disqualification and show him to be an unsafe or unfit man to have on board 78 CONSULAR REGULATIONS. a vessel. — 2 Ware, 270. The consular ofiEicer muet be sat- isfied that the officer or seaman is either absolutely incompe- tent to perform the work he has contracted to do; that he has been guilty of such acts of insubordination as to make him dangerous to a man of ordinary firmness; or that his habitual misconduct (such as drunkeness, for instance) amounts to unfitness for duty, or, if an oflcer, that he has been guilty of habitual cruelty. Except for good reasons and in extraor- dinary circumstances, seamen should not be discharged at a foreign port when the vessel is homeward bound. 214. Change of master. — The statute provides that any person or body corporate having more than one-half ownership of any vessel shall have the same power to remove a master, who is also part owner of such vessel, as such majority own- ers have to remove a master not an owner. This provision does not apply where there is a valid written agreement sub- sisting, by virtue of which the master would be entitled to possession, nor in any case where a master has possession as part owner obtained before April 9, 1872. — R. S. , sec. 4250. 215. Consul to act with caution — Consular officers are occa- sionally called upon to assist in the removal of a master under this statute. They will not hesitate to lend their services under such circumstances, but it is desirable for their own protection that they should satisfy themselves that the par- ties applying to them are duly authorized for the purpose. It is advisable, also, if there is time to do so, to refer the case to the Department of State for instructions. 216. Removal of master, — Cases have occurred in which con- sular officers have, with the subsequent approval of the De- partment of State, removed masters of vessels and appointed others in their places to complete the voyage. The exercise of this extreme power has been deemed to be justified by the gross incompetency of the master, endangering the lives of the passengers and crew, his misconduct or collusion with CONSULAR REGULATIONS. 79 others to the serious injury of the owners or insurers, or when he has been guilty of flagraht tyranny toward the passengers or crew. In other instances the insanity or permanently dis- abling illness of the master has called for his removal. The gravity of the proceedings will siiggest to the consular officer that they should be taken only after careful deliberation and for good and sufficient cause, and that they should be promptly and fully reported to the Department. For a form of oath and certificate on the appointment of a new master, see Form No. 19. 217. Abandonment of seamen. — It is provided by statute that every master or commander of any vessel belonging in whole or part to any citizen of the United States, who, during his being abroad, maliciously and without justifiable cause, forces any officer or mariner of such vessel on shore in order to leave him behind in any foreign port or place, or refuses to bring home again all such officers and mariners of such vessel whom he carried out with him as are in a condition to return and willing to return when he is ready to proceed on his home- ward voyage, shall be punished by a fine of not more than $500, or by imprisonment not more than six months. — R. S., sec. 6S6S. Article XIV. WAGES, EXTRA WAGES, AND EFFECTS OF SEAMEN. GENERAL PROVISIONS. 218. Consular officer to collect wages If any consular officer, when discharging any seaman, shall neglect to require the payment of and collect the arrears of wages and extra wages required to be paid in the case of the discharge of any sea- man, he shall be accountable to the United States for the full amount thereof. If any seaman, after his discharge, shall have incurred any expense for board or other necessa- ries, or for reasonable charges for medical care and nursing. 80 CONSULAR REGULATIONS. at the place of his discharge, before shipping again, or for transportation to the United States, such expense shall be paid out of the arrears of wages and extra wages received by the consular officer, which shall be retained for that pur- pose, and the balance only paid over to such seaman ; and if such arrears and extra wages are not sufficient to defray such expense, the deficiency shall be paid from the fund in the Treasury for the maintenance and transportation of des- titute American seamen. — B. 8., sec. 4^81; 23 Stat. L., 55, sec. 7; 25 Stat. L., 80, sec. 3. 219. Wages payable in gold — The moneys paid under the laws of the United States by direction of consular officers, at any foreign port or place, as wages, extra or otherwise, due American seamen, are to be paid in gold or its equiva- lent, without any deduction whatever, any contract to the contrary notwithstanding. — R. S., sec. 4^48. 220. Seamen forwarded firom one consulate to another. — When seamen are forwarded from one consulate to another, as pro- vided for in paragraphs 285-287, any balances of moneys which may be due them should be remitted (together with a statement of the amounts) by bank draft or some other safe method to the consular officer at the port of their desti- nation, who will manage the funds according to law and these Regulations. 221. Seamen to be reported. — When a seaman comes upon a consulate from another port, or by shipwreck, or in any man- ner otherwise than by discharge from a vessel at the port, the consular officer will at once notify the Auditor for the State and other Departments of the fact, giving the name of the seaman, the date of arrival, the name of the place whence he came, with the date and cause of his leaving such place, the name of the vessel by which he came, and of the Amer- ican vessel on which he was last engaged. If he has been CONSULAK KEGULATIONS. 81 sent from another consulate, the amount of his wages received as per preceding paragraph should also be reported. This information should be communicated immediately and with- out waiting until the end of the quarter. (Form No. 126.) 222. Discharged for unusual or cruel treatment. — Seamen who desert because of unusual or cruel treatment and are dis- charged by a consular officer on that account, and seamen who are so discharged for unusual or cruel treatment, but without having deserted, are equally entitled to their wages and extra wages. — R. S., sec. ^600; 2S Stat L., 65, sec. 6. 223. When master is discharged. — On the discharge of a mas- ter of a vessel in a foreign port, payment of arrears of wages and of extra wages is to be required under the same circum- stances as for other mariners. Difiieulty has arisen, in some instances, in determining the rate at which the extra wages should be exacted; and it has been held that, in the absence of a specific contract, the consular officer should fix the rate at that which is usual and customary for masters of vessels of the class at the American port at which the master shipped. 224. Arrears of wages to be collected and reported ^It is the duty of the consular officer to collect all arrears of wages that are dtie to a seaman up to the date of his discharge, and to report the same quarterly, together with the extra wages collected, to the Auditor for the State and other Depart- ments (Form No. 124). The arrears of wages and extra wages are first to be applied to the expenses of the seaman; and vouchers for wages paid to a seaman, as prescribed in Form No. 164, must accompany the relief accounts. A seaman who has wages in the hands of the consular officer can not be regarded as destitute until they have been exhausted in defraying his expenses. (Paragraphs 262, 263.) 225. Detention of ship's papers. — Consular officers are author- ized and required to retain possession of a ship's papers that 17824 C K 6 82 CONSULAR REGULATIONS. have been deposited with them, as directed by law, until payment shall be made of all lawful demands and wages on account of the vessel. If the master departs from the port with his vessel, with these demands and wages unpaid and leaving the vessel's papers in his hands, the consular offlcer will at once transmit the latter to the Department of State, accompanied by a full report of the facts and an account of the several sums due, in order that measures may be taken through the proper office of the Government for collecting the account on the arrival of tTie vessel in the United States, and for such other proceedings as the conduct of the master may be deemed to require. — R. S., sec. 1718. (Paragraph 180.) ARREARS OP WAGES. 226. Commencement of wages A seaman's right to wages and provisions shall be taken to commence either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens. — R. S. , sec. Ji52^. (Paragraph 231.) 227. Not dependent on freight. — The wages of a seaman are not dependent on the earning of freight by the vessel ; but every seaman or apprentice who would be entitled to demand and receive any wages if the vessel on which he has served had earned freight shall, subject to all other rules of law and conditions applicable to the case, be entitled to claim and recover the same of the master or owner in personam, not- withstanding that freight has not been earned. But in all cases of wreck or loss of vessel, proof that any seaman or apprentice had not exerted himself to the utmost to save the vessel, cargo, and stores shall bar his claim. — B. S. , sec. 45S5. 228. Loss of vessel. — In cases where the service of any seaman terminates before the period contemplated in the agreement CONSULAR KEaULATIONS. 83 by wreck or loss of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. In case of a wreck by stranding, it must be left to the discretion of the master to fix the day of the actual termination of the seamen's services ; and his decision will be supported by the courts, unless some wrong or injustice be practiced on them. A survey is not a neces- sary ingredient of wreck, and the master may terminate the seamen's services without calling for one.^ — M. S. , sec. 4626; SO Fed. Rep., 202. 229. Time for payment — It is made the duty of a master of a vessel making a foreign voyage to pay to each seaman his wages within three days after the cargo has been delivered, or within five days after his discharge, whichever first hap- pens; and in all cases the seaman shall, at the time of his discharge, be entitled to be paid, on account, a sum equal to one-fourth of the balance due to him. Every master or owner who neglects or refuses to make payment in the man- ner hereinbefore mentioned, without suflQcient cause, shall pay to the seaman a sum not exceeding the amount of two days' pay for each of the days, not exceeding ten days, dur- ing which payment is delayed beyond the respective periods. This paragraph, however, does not apply to the masters or owners of any vessel the seamen on which are entitled to share in the profits of the cruise or voyage. — R. S., sec. 4^29. 230. Pa3rment of wages at ports — Every seaman is entitled to receive from the master of the vessel to which he belongs one- third part of the wages which shall be due to him at every port where such vessel shall unlade and deliver her cargo before the voyage is ended, unless the contrary be expressly stipulated in the contract; and as soon as the voyage is ended and the cargo or ballast is fully discharged at the last port of delivery, he shall be entitled to the wages which shall then be due.— i2. S., sec. JiSSO. (Paragraph 229.) 84 CONSULAR REGULATIONS. 231. Rules for computing wages. — The following rules should be observed in computing wages: I. — (1) The date written in the coliimn of the shipping articles headed " Time at which he is to be on board " is taken as the time when a sea- man's wages should commence, provided he was on board or duly pre- sented himself to go on board at that time. (2) If he went on board before that date with the consent and subject to the orders of the master, he is deemed to have commenced work and to be entitled to wages from the date of going on board. (3) If he failed through his own fault to join the ship at the time specified m the articles, his wages accrue only from the time at which he went on board and reported for duty. (4) Disputes in regard to the time when wages began to accrue rarely involve more than one or two days, and they are usually adjusted by the mate's log; although, if there is doubt arising from the absence of proper entry on the log, or suspicious interlining, or other cause, the seaman's statejment may be accepted. II. — The column in the shipping articles headed "Place and time of entry " contains the date of the agreement; it does not indicate the time when wages are to begin. III. — The agreement is considered as referring to calendar months— for example, from February 3 to March 1, both inclusive, is a month. IV. — In computing the amotmt due for a fraction of a month, thirty days are counted as a month without regard to its length — for example, five days are one-sixth of a month, whether in February, March, or April. v.— (1) Any fraction of a day is counted as a whole day — for exam- ple, from March 1 to the forenoon of March 4, both inclusive, is reck- oned as four days; but — ; (2) If a seaman be engaged in the afternoon of one day and discharged in the forenoon of another day, the two fractions of a day are considered as one day only — for example, the time from the afternoon of March 1 to the forenoon of March 4, both inclusive, is three days. 232. Improper discharge within a month.^ — If a seaman is dis- charged, without fault on his part and without his consent, before a month's wages are earned, he may, on proof of all the facts, be entitled to recover from the master one month's CONSULAR REGULATIONS. 85 wages as compensation in addition to any wages which he may have earned. — B. S., sec. 45^7. 233. Suspension of wages — No seaman or apprentice shall be entitled to wages for any period during which he unlawfully refuses or neglects to work when required, after the time iixed by the agreement for him to begin work, nor, unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offense com- mitted by him; nor is a seaman entitled to wages for a reasonable period off duty, when put off duty for persistent negligence, disobedience, or insolence. — B. S., sec. 4528 j 6 Saw., S28. 234. Disrating. — Where no prejudice or manifest error is shown, the decision of a master disrating a seaman will be accepted in computing wages. — 44 Fed. Bep., 63 Ij 49 Fed. Sep., 591. 235. Allotment of wag^es — A seaman may agree in the ship- ping agreement for an allotment of all or any portion of the wages which he may earn, to his wife, mother, or other rela- tive, or to an original creditor in liquidation of any just debt for board or clothing which he may have contracted prior to engagement, not exceeding $10 per month for each month of the time usually required for the voyage for which he shipped, under such regulations as the Secretary of the Treasury may prescribe; but no allotment to any other person or corpora- tion shall be lawful.— i?. S., sec. 4531; 24 Stat. L., 80, sec. S. Allotment is not permitted in the coastwise trade, in the trade between the United States and the Dominion of Canada, Newfoundland, West Indies, or Mexico. — 28 Stat. L., 667. 236. No advance wages. — Except in the case of whaling ves- sels, it is not lawful to pay any seaman wages before leaving the port at which such seaman may be engaged in advance of the time when he has actually earned the same, or to pay 86 CONSULAR EEGTJLATIONS. sueh advance wages to any other person, or to pay to any- one except an officer authorized by act of Congress to collect fees for such service, any remuneration for the shipment of a seaman. If any such advance wages or remuneration shall have been paid or contracted for, the consul, in making up the account of wages due the seaman upon his discharge, will disregard such advance payment or agreement and award to the seaman the amount to which he would be entitled if no such payment or agreement had been made. Nor should con- suls permit the statute to be evaded indirectly, as by part payment in advance and then stating rate of wages too small.— i2. S., secs.45S2, 45SS; 23 Stat. L., 65, sec. 10; 2^ Id. 80, sec. S; 27 Fed. Rep., 764.. 237. Advance to seamen shipped in foreign ports The shipment of seamen in foreign ports can not be considered as within the intention, and hence not within the proper construction, of the act referred to in the next preceding paragraph. The final clause of the act, which declares that this section shall applj'^ as well to foreign vessels as to those of the United States, and that in case of violation a clearance shall be refused them, is a clear indication that Congress did not in this section refer to the shipment of seamen in foreign ports, but had in view acts done in the United States alone. The provision of the statute as to payment of advance wages is not intended to apply to seamen shipped in foreign ports. In the settlement of wages due seamen in such cases, therefore, con- sular officers will take into account what has been paid in ad- vance.— ^^ Fed. Rep., 73^. 238. To be cured at expense of ship. — By the general maritime law, a seaman when he receives any injury while in the serv- ice of the ship, or becomes sick during the voyage, and the sickness is not caused by his own fault, is entitled to be cured at the expense of the ship. The right is his without any ques- tion of ordinary negligence by himself or associates, nor is the CONSULAR REGULATIONS. 87 right lost by Ms discliarge by consul. The law embraces all sickness and all injuries sustained in the service of the ship while the seaman constitutes one of her crew, whether such sickness and injuries occur in a foreign port, upon the ocean, or upon navigable waters. But the 'owners are exempt from their liability for medical advice and attendance in case a medicine chest is provided in accordance with section 4569 of the Revised Statutes. If, however, the seaman can not have the benefit of the medicine, whether it be because he is re- moved ashore for the safety or convenience of the ship, as in the case of malignant or contagious disease, or because there is no one on board by whom the medicine can be safely administered, the expense of medical advice must be at the charge of the ship. And the same result follows in cases requiring surgical skill and assistance, a dislocation or a fracture, in which the medicine chest and its directions would be of no avail. But when the seaman is taken ashore at his own solicitation, it not being a case requiring surgical aid and skill, nor a ease where the removal was made for the conven- ience of the ship, and the ship is provided with a medicine chest, the medical expenses of the sick seaman are not charge- able to the ship.—ir Fed. Rep., 390 j 25 Id., 503; 55 Id., 327. 239. Master to account for wages. — It is provided by law that every master shall, not less than forty-eight hours before pay- ing off or discharging any seaman, deliver a full and true account of the seaman's wages, and all deductions therefrom, and of all charges against him. For the better protection of both masters and seamen, as well as of the interests of the Government, it will hereafter be required that, when the articles of a vessel do not show a seamen to be in debt for ad- vanced wages received, when advanced wages are permissible (paragraphs 236, 237), the master shall, within forty-eight hours after arrival in port, deliver to the consular officer a full account of all "slops" (or, if he prefers, deposit his slop-book 88 CONSULAR EEGULATIONS. at the consulate) issued to, and of all other charges against, each seaman during the passage to the port. If this require- ment is not complied with, such account will not be allowed in settlement of the amount of wages due deserters from the vessel. And for the protection of the ship against unjust claims on account of wages, all payments made to a seaman while in port must be made at the consulate, or the seaman must, in person or in writing, subsequently acknowledge the payments to the consular officer. Unless payments are so made or acknowledged, the consular officer is authorized to refuse to recognize them in his final settlement of the sea- man's account. Generally, if a seaman shows that he is entitled to receive certain wages, the burden of proof is on the master to show payment or deduction. — S. S., sec. 455.0 j U Fed. Bep., S02; 7 Saw., 58. 240. Payment of seamen on discharge — When any seaman is to be discharged and paid off, or any desertion list is to be settled or certified, the master of the vessel must be present at the consulate with his slop-book. Each item of the ship's account of wages earned by, and of the charges against, the seaman will be verified by the consular officer and carefully stated to the seaman; and if there be any charges from which the seaman dissents, they will be investigated and settled at once. To avoid delay, and for convenience in the adjustment of such accounts, it is often desirable that a fixed time should be set when the seaman may be paid off and discharged. 241. Rate of wages fraudulently stated — The shipping articles, unless clearly shown to be incorrect or invalid, will control as to the amount of wages. When, however, the amount is fraudulently understated, they may be disregarded. Con- sular officers will be watchful to thwart such practices; and in any case where the return made by the master fraudu- lently disagrees with the customary rate of compensation in the marine service, they will exact the highest rate of wages CONSULAR EE&ULATIONS. 89 paid to any seaman shipped for the voyage, or the sum actu- ally agreed to be given him at his shipment, if it can be ascertained, whatever may be the sum falsely stated in the articles.— iS Fed. Rep., 628; 20 Fed. Rep.,65^; 24. C. Cls. R., 160. (Paragraphs 190, 194.) 242. Unlawful agreements. — No seaman shall, by any agree- ment other than is provided in the acts of Congress, forfeit his lien upon the ship or be deprived of any remedy for the recovery of his wages to which he would otherwise have been entitled; and every stipulation in any agreement inconsistent with any provision of law, and every stipulation by which any seaman consents to abandon his right to his wages in the case of the loss of the ship or to abandon any right which he may have or obtain in the nature of salvage, shall be wholly inoperative.— i2. S.,sec. JfSSS; 55 Fed. Rey.,S21. EXTRA WAGES. 243. When collected Consular officers are required by law to collect one month's extra wages in the following cases, and are prohibited from so doing in any other ease : 1. When inspectors appointed by the consul to examine whether the vessel is in a suitable condition to go to sea shall have reported that she was sent to sea unsuitably provided in any important or essential particular by neglect or design, and the consular offlcer approves of such finding, and there- upon the seaman is discharged. — R. 8., sec. Ip561; 23 Stat. L., 5^, sec. 4. (Paragraphs 207(6), 208, 315.) 2. Whenever a vessel of the United States is sold in a for- eign country and her company discharged. But in case the master shall, with the assent of the seaman, provide him with adequate employment on board some other vessel bound to the port at which he was originally shipped, or to such other port as may be agreed upon by him, then no payment of extra wages shall be required. Consular officers should. 90 CONSULAR REGULATIONS. SO far as they properly can, strive to induce seamen so dis- charged to reship at once, and thus avoid the infliction of the one month's penalty. — R. S., sec. 4582; 2S Stat. L., 54, sec. B; 19 Fed. Rep. , 523. (Paragraphs 251, 252. ) 3. Whenever, on the discharge of a seaman in a foreign country, on his complaint that the voyage is continued con- trary to agreement, the consular offlcer shall be satisfied that such voyage has been designedly and unnecessarily pro- longed, in violation of the articles of shipment. — R. S., sec. 4583; 23 Stat. L., 54, sec. 3. 4. Whenever a seaman is discharged by a consular officer in consequence of any hurt or injury received in the service of the vessel. The word "hurt" is understood to refer to a physical injury causing pain (a wound, bruise, or the like); the word "injury" refers to any injury to health resulting from the performance of duty by a seaman which is sufficient to warrant his discharge. — R. S., sec. 4583; 23 Stat. L., 5Jf, sec. 3. (Paragraph 254.) Unless a seaman receives some physical injury, or unless he contracts some disease growing out of and necessarily incident to his service upon the vessel, or which results from the unsanitary condition of the vessel, no extra wages should be collected in his behalf. 5. In all cases where deserters are apprehended the consu- lar officer shall inquire into the facts, and if he is satisfied that the desertion was caused by unusual or cruel treatment, he shall discharge the seaman and require the master of the vessel from which such seaman is discharged to pay one month's wages over and above the wages then due. — R. S., sec. 4600; 23 Stat. L., 53, sec. 6. (Paragraphs 301, 302.) This is construed to apply equally to the case of seamen who are discharged for unusual or cruel treatment without having deserted. (Paragraphs 210, 211.) CONSULAR KBGULATIONS. 91 244. Shipment "by the lay." — When seamen have been shipped on board of American vessels without the rate of their wages being specified on the shipping articles, as on board of whaling ships, where they are shipped "by the lay," upon their discharge at a foreign port under circumstances entitling them to extra wages, such wages shall be paid at the usual rate at the time and port of shipment for the voyage in gold coin of the United States or its equivalent. 245. Vessels purchased abroad.— American seamen engaged on American or foreign built vessels purchased abroad and wholly owned by citizens of the United States are to be regarded in the same light, as respects the collection of extra wages, as seamen on regularly documented vessels, except where such a vessel has been soldabroad. (Paragraph 243 (2).) There is no provision in the statutes for the payment of ex- tra wages by such vessels when sold abroad, and consular officers will not exact it. 246. Restrictions in seamen's contracts It is not competent for a master of a vessel to make a contract with a seaman which provides for the waiver or remission of the extra w^ges upon his discharge at a foreign port in cases where otherwise he would be entitled to them. In all engagements of seamen the statutes of the United' States respecting such wages must be deemed and taken to be a part of the seaman's contract. 247. No waiver of extra wages permitted Although ordinarily any person may waive a benefit to which he is entitled by law, he can not by such waiver affect the rights of third per- sons or contravene the policy of a statute. Extra wages are allowed to a sailor in the specified cases to prevent his be- coming a public charge and to provide a means for his relief and for his return home. A sailor can not, therefore, by his own act repeal the statute and defeat the public policy which induced its enactment. As paragraph 246 determines that 92 CONSULAR REGULATIONS. he can not expressly waive his right to extra wages in the shipping contract, consular officers are instructed to exact such wages in all cases where the law requires them to be paid, without any remission or deduction for the indebted- ness of the seamen to the vessel, and especially as section 7 of the act of June 26, 1884, makes consular officers account- able to the United States for their full amount if they neglect to require their payment. 248. Foreign seamen — It is held that when a seaman, being a foreigner, who has not declared his intention of becoming a citizen and served three years on a merchant vessel, agree- ably to section 2174 of the Revised Statutes (paragraph 199), is shipped in a foreign port and is discharged in a foreign port, no extra wages are to be collected, 249. How foreigners lose character of American seamen. — A for- eign seaman, having shipped on an American vessel at a port of the United States, is entitled to extra wages on his dis- charge at a foreign port in all cases where a seaman who is a citizen would be so entitled, and on such a discharge he may be relieved and returned to the United States. And the quality of an American seaman is retained by him by suc- cessive reshipments on American vessels abroad during his continuance of a seafaring life. If Ke engages on board a foreign vessel, he divests himself of the character of an Ameri- can seaman and does not regain it until he again reships on an American vessel in a port of the United States. The rule is, that a foreigner discharged from an American vessel in a foreign port, and subsequently shipping on a foreign vessel, can not thereafter be deemed an American seaman for the purposes of extra wages and relief until he returns to the United States and again ships on an American vessel. It is not material in such cases how many engagements he may serve on American vessels before his return to the United CONSULAR REGULATIONS. 93 States. On the other hand, when an American seaman, who is also a citizen of the United States, is shipped and dis- charged under such circumstances, the case is within the statute and regulations relating to extra wages and relief. 250. Foreigners who desert The foregoing case applies to seamen who are regularly discharged from American vessels in foreign ports, and not to deserters, unless the desertion was caused by cruel or unusual treatment. A foreigner deserting from an American vessel abroad, although subsequently re- shipping on an American vessel at the port of desertion, is deemed by the act of desertion to have lost the character of an American seaman; and he will not be entitled to extra wages or relief if afterwards discharged in another foreign port. In discharging foreigners who claim to have served con- tinuously in American vessels, consular ofacers, therefore, will be careful to satisfy themselves, wherever it is practica- ble, that the seaman was regularly discharged at the port of shipment, and was not a deserter. (Paragraph 266.) 251. Vessel sold in the United States to be delivered abroad Where a vessel has been sold in the United States to be delivered at a foreign port and the shipping articles provide for the return of the seamen to the United States by the same vessel under a different owner, if such agreement is not complied with the consular officer at the port where the vessel is delivered to the new owner should formally dis- charge the seamen and collect the extra wages, unless the master shall, with the assent of the seamen, provide them adequate employment on board some other vessel bound to the port at which they were originally shipped or to such other port as may be agreed upon by them. 252. Vessel sold- involuntarily. — Where a vessel is sold in a foreign country and her company discharged (as provided in paragraph 243 (2) ), extra wages are not to be exacted in 94 CONSULAR REGULATIONS. cases of a forced and compulsory dissolution of the con- tract, as by sMpwreck, capture, seizure, and forfeiture of the vessel without the fault of the master or owners, or by any fortuitous occurrence against which human foresight and power could not provide. A discharge of the mariner, to come within the meaning of the law, must be a discharge by a voluntary act of the master, and not a mere separation from the vessel by the unavoidable breaking up of the voyage by misfortune. The owners, however, will not be exempted from the payment of the extra wages if the vessel can be repaired at a reasonable expense and in a reasonable time. 253. Doubtful oases. — In cases of doubt, in which from any cause the consular officer is unable to decide to his satisfac- tion whether the extra wages should be collected or not, it will be the preferable and safer course for him to require their payment. The master or agent of the vessel should be per- mitted to make the payment under protest, if he shall see fit. A full statement of the facts should be promptly communi- cated to the Department of State, when the case will be ex- amined, and restitution will be made if the circumstances are deemed to warrant it. A like report should also be made to the Auditor for the State and other Departments, to accom- pany the quarterly relief return to that officer. 254. Discharge for hurt or injury. — ^The act of June 26, 1884, section 3 (paragraph 243 (4) ), authorizes consular officers to discharge a seaman abroad in consequence of any hurt or injury received in the service of the ship. In such case, one month's extra wages must be paid to the seaman over and above the wages due at the time of discharge. — 2S Stat L. 51^; m Fed. Rep., 503. The legal rights existing between the vessel and the sea- man in cases falling within the meaning of the preceding paragraph must be left to the courts. But any expenses for the seaman's medical treatment and cure incurred prior to CONSULAK REGULATIONS. 95 the discharge shall be borne by the vessel, and must not be deducted from the wages of the seaman. Such expenses in- curred after the discharge of the seaman shall be paid out of the arrears of wages and extra wages received by the consular ofiElcer, and if they are not sufficient, the balance shall be paid from the appropriation for relief and protection of American seamen. The word "injury," as interpreted by the Department of State, includes any injury to health resulting from the per- formance of duty by a seaman which entitles such seaman to the one month's extra wages, provided such injury warrants his discharge. EFFECTS OF DECEASED SEAMEN. 255. Dying on shipboard — When any seaman or apprentice belonging to or sent home on any merchant vessel employed on a voyag* which is to terminate in the United States dies during such voyage, the master should take charge of all moneys, goods, and effects which he leaves on board; and if the ship touches or remains at a foreign port before coming to any port of the United States, it is his duty to report the case to the consular officer there, and to give such officer any information he requires as to the destination of the ship and the length of the voyage. Thereupon such of&cer may, if he considers it expedient so to do, require the said effects, money, and wages to be delivered and paid to him, and upon that being done he shall give the master a receipt therefor. (Form No. 85. ) The consular officer shall also indorse and certify upon the agreement with the crew the particulars of such de- livery and payment. In case he does not require the delivery and payment, it is his. duty to obtain from the master a state- ment of the seaman's account with the vessel and transmit a copy thereof to the Department of State. If the ship is sold in a foreign port and the master has in his hands the effects, 96 CONSULAR KEGULATIONS. money, and wages of a deceased seaman, the consular officer may require them to be delivered to him. — E. 8., sees. ^38^ 4539, 4541. 256. Effects not on shipboard — Whenever any such seaman or apprentice dies at any place out of the United States, leaving any money or effects not on board his vessel, the consular officer of the United States at or nearest the place shall claim or take charge of such money and effects, and shall, if he thinks fit, sell all or any of such effects, or any effects of any- deceased seaman or apprentice delivered to him under the provisions of law, and shall quarterly remit to the district judge for the district embracing the port from which such vessel sailed, or the port where the voyage terminates (Ap- pendix V. ), all moneys belonging to or arising from the sale of the effects or paid as the wages of any deceased seaman or apprentice which have come to his hands (Form No. 86), and shall render such accounts thereof as the district judge requires. ^ — R. S., sec. 454L 267. Account to district judge. — Consular ofB cers are required, in rendering the accounts above provided for, to make a statement of details, such as is required of the master of the vessel by sections 4538-4539 of the Revised Statutes, namely: (1) A statement of the amount of money left by the deceased and any of his effects unsold ; (2) a description of each arti- cle sold, and the sum received for each; (3) the sum due to deceased for wages, with dates, and the items of deduction, if any, to be made therefrom — no such deductions being allowed to the master unless verified by an entry in the o&- cial log book, if there be any. They are directed, also, to require the master to give full particulars of the wages account of the seaman, including the date of shipment, rate of wages, and time of discharge, and of any deductions therefrom, to be verified by the entry CONSULAR REGULATIONS. 97 in tile official log; such account to be verified before the con- sul by the master, and a certified copy thereof to be sent with the account to the district judge. {J58. Eflfects of foreign seaman — When the deceased seaman was a foreigner, and was shipped in a foreign port, and the wages and effects are delivered to the consular officer, the latter should make proper inquiries to find the relatives of the deceased, and may determine for himself to whom the wages and effects should be given. If no relatives are found, the wages and money arising from the sale of the effects should be remitted to the district judge, as above provided for. Article XV. RELIEF OF SEAMEN. 259. Consuls to relieve destitute seamen. — It is the duty of con- sular officers, from time to time, to provide for the seamen of the United States who may be found destitute within their districts, respectively, sufficient subsistence and passages to some port in the United States, in the most reasonable man- ner, at the expense of the United States, subject to such instructions as the Secretary of State shall give. — R. S.,sec. 4577. The provisions respecting relief apply to American seamen on American or foreign built vessels purchased abroad and wholly owned by American citizens in the same manner as to seamen of regularly documented vessels. 260. Seamen entitled to relief. — Seamen of the United States entitled to relief when destitute are : 1. Merchant seamen, being citizens of the United States, or persons coming under the provisions of section 2174 of the Revised Statutes, and who, at the time of applying for relief, are by habit and intent bona fide members of the American 17824 C R 7 98 CONST7LAR KEGULATIONS. merchant marine, although their last service may not have been in an American vessel. 2. Foreigners regularly shipped in an American vessel in a port of the United States. 261. Merchant seamen only. — The seamen of the merchant marine of the United States alone are those whom the law contemplates relieving; and no provision has been made for the relief of destitute Americans other than seamen. No relief, therefore, is authorized to be granted to such desti- tute Americans, or to seamen, whether citizens or foreigners, discharged or deserting from naval vessels of the United States; and expenditures for such relief will not be allowed if found in the consular accounts. Seamen on American yachts are regarded as American seamen within the meaning of the statute. — Boivler's 1st Comp. Dec, 309. 262. Conditions of relief. — Before granting relief, a consular ofl&cer should satisfy himself that the applicant is an Amer- ican seaman as already defined, and that he is entitled to relief under the statutes, usages, and decisions hereinbefore referred to, and that he is destitute. A seaman can not be regarded as destitute when he has any arrears of wages or extra wages, or is earning his own living. The question of fact whether a seaman is or is not destitute is one to be determined by the consular officer to whom the seaman applies for relief, and the consular officer's decision will, in the absence of fraud, be conclusive. — S Comp. Dec. Jfi. The amount to be paid for relief is, however, not limited to the arrears of wages and the extra wages; but relief may be con- tinued, if necessary, after both have been exhausted. 263. Examination of seamen Seamen applying for relief must be examined touching the manner of their being left destitute, and the name of the vessel and her master on which they last shipped, and the time and place and cause of dis- charge; and if it shall appear from such examination that CONSULAR REGULATIONS. 99 they have been discharged from any American vessel con- trary to the provisions of law applicable to such cases, it is the duty of the consular officer to report the facts to the Department of State, with any other information that may enable it to cause the proper proceedings to be taken for a violation of the laws. 264. When foreigners lose character of American seamen. — A seaman of foreign nationality who ships in an American ves- sel in a port of the United States with intent to attach him- self for an indefinite, though not necessarily a long, time to the American merchant service becomes thereby a seaman of the United States within the meaning of the statute and regula- tions authorizing the relief and transportation at Govern- ment expense of destitute seamen to the United States; and he retains that character, with its privileges, until divested of it by taking service in a foreign vessel or by abandonment of the seaman's calling. (Paragraphs 248-250. ) 265. Seamen of other countries not to be relieved.— When a sea- man, not an American citizen, and who has not acquired the character of an American seaman, or, having acquired such character, has lost it as hereinbefore explained, comes upon a consulate upon his discharge from a foreign vessel, or when his last service was in a foreign vessel, the consular officer has no authority to grant relief. The seaman must look to the consul of the nation on whose ship he served. Accounts for relief extended to seamen under these circumstances will not be allowed. 266. Deserters. — An American citizen serving as seaman on an American vessel is entitled to relief if destitute in a for- eign port, notwithstanding he may have deserted without cause or comes upon the consulate otherwise irregularly. — S Surnm. , 115. A foreigner under like circumstances is not entitled to relief. (Paragraph 250. ) When relief is applied for by a deserter, it is the duty of the consular ofllcer to 100 CONSULAB REGULATIONS. ascertain clearly and satisfactorily, before granting it, that he is justly entitled to it, and, if tlie applicant be a foreigner, that the desertion was caused by unusual or cruel treatment or was otherwise justifiable. If it shall appear that the desertion was caused by such treatment, the seaman may be discharged, in accordance with section 6 of the act of June 26, 1884, and will be entitled to the arrears of wages and extra wages. If the vessel shall have left the port, and the con- sular officer is satisfied that the case is within the provisions of the statute, the facts should be reported to the Depart- ment of State. In all such cases, however, care should be taken that the provisions for the relief of destitute seamen should not be allowed to operate as an incitement to desertion. Consuls should exercise great care in examining and weighing the merits of each case, in order that abuses may not occur.— 83 Stat. L.,55, sec. 6. 267. Relief without reference to fault of seamen Consular offi- cers are authorized and directed to relieve the necessities of destitute American seamen, subject to the exception of the foregoing paragraph, without reference to the fault or mis- fortune by which they became destitute, except that relief must not be so administered as to incite desertion. (Para- graph 305.) 268. Whaling vessel orders. — Orders given by masters of whal- ing vessels to Americ'an seamen shipped "by the lay," and dis- charged before the end of the voyage, for the said seamen's shares of the catch up to the date of discharge, payable at the end of the voyage, are understood to be of little or no value at the time and place of discharge, and are therefore unavailable for expenditure in the seamen's behalf in the manner cash wages are directed by statute to be expended before relief is furnished at Government expense. Dis- charged seamen who have no means of subsistence at hand CONSULAR KEGULATIONS, 101 other than these orders are for that reason destitute, and fit subjects for relief by the Government, notwithstanding the orders and their contingent prospective value. Relief out of Government funds is not to be given until the seaman is destitute, having exhausted his own available resources; but when given it is a pure gratuity, without expectation of indemnity from subsequent acquisitions or realizations of the seamen. If, therefore, these orders can not be utilized at the time and place of discharge in defray- ing the cost of the seamen's subsistence and other neces- saries, or for their transportation, they should be delivered to the seamen to whom they are respectively payable; or, at the request of a seaman, his order may be sent to the Depart- ment of State to be kept for him, and subject to his call. In no case should it be taken, from him and sent to the Depart- ment for collection for the benefit of the Government. 269. Minor stowaways A minor who conceals himself on board a vessel and is discovered when the vessel is at sea, although he has been put on duty as a seaman, can be put on shore and delivered to a consular officer without the pay- ment of extra wages. It is not the duty of the consular oflElcer in such a case to afford relief to him as a destitute seaman, and the expenses of relief under such circumstances are not allowed. 270. Naval seamen left in care of consuls Seamen of the naval vessels of the United States left under the care of consular oflcers, in consequence of sickness, injuries, or other causes, are not entitled to the relief provided by law for seamen of the merchant service; and a consular of&cer has no authority to incur expenses in their behalf. In such cases he may properly require, for his own protection, from the naval offi- cer at whose request he takes charge of the seaman, either that adequate provision shall be made at the time to meet 102 CONSULAR REGULATIONS. the necessary expenses, or such written authorization as will secure to him the reimbursement of an^ outlays he may be called, upon to make. 271. Relief of shipwrecked seamen. — When seamen of Ameri- can vessels are rescued from shipwreck, or are brought after shipwreck from places where there is no consular officer, and are landed at or find their way to a port where such an offi- cer is stationed, the latter will be authorized to afford relief without regard to the nationality of the seaman, or the char- acter of American seaman, as herein defined. If they can not be reshipped, they should be provided with passages to the United States, or to an intermediate port where employ- ment may be had or passages obtained. 272. Character of relief. — The relief afforded will comprise lodging, subsistence, clothing, medical attendance, and medicines. The lodgings should be in a healthy locality, removed, if possible, from scenes of temptation and vice. The subsistence should be simple but sufflcient. It is usual, however, to contract for the board of seamen. The medical attendance and medicines should be found at a hospital, if there be one in the place, unless special instructions other- wise are given. If private treatment is provided, the rea- sons therefor must be communicated to the Department of State. A form of order to send seamen to a hospital and a form of certificate when seamen leave a hospital against the physician's advice are given in Forms Nos. 22 and 23. 273. Report of clothing furnished. — The clothing should be of the cheapest kind consistent with strength and durability, and such as seamen are accustomed to wear. Whenever seamen are sent to the United States by way of a foreign port at which there is a consular officer, the consular of&cer sending the seamen should transmit to his colleague there, either by the same vessel or by the quickest route, a state- ment showing the names of the seamen and the quantity and CONSULAR REGULATIONS, 103 kind of clotMng furnished them, and at what dates; and if the seamen are sent from such foreign port to another inter- mediate • port where there is a consular ofllcer, the list of names and clothing should be in like manner transmitted. 274. Vouchers for relief. — Proper vouchers for the board, sub- sistence, clothing, medical attendance and medicines, and any expenditure for the relief of destitute seamen must be taken in every case. (Forms Nos. 95, 96, 97, and 98.) The vouchers for board and medical attendance should show the name of the seaman, the time of subsistence or treatment, giving the date of beginning and termination and the rate per day or week, and, whenever it is practicable, the name of the ship from which and the place where the seaman was discharged. Under the rules of the accounting ofllcers of the Treasury Department the receipts for clothing, necessa- ries, and supplies, given by a seaman making his mark, or otherwise, should be witnessed. The witness should be a dis- interested person, not a member of the firm furnishing the articles. The accounts for the relief of seamen must be accompanied by a certificate of the consul that he has neither received nor will receive, directly or indirectly, any pecu- niary or other advantage whatever from the expenditures set forth in the accounts. 275. Consul not to be interested in hospital or supplies Consu- lar officers are forbidden from owning, maintaining, or hav- ing, directly or indirectly, any pecuniary interest in any hospital abroad to which American seamen are sent, whether located within or without their respective jurisdictions. A consular officer known to be so interested, or if interested in like manner in the supplies furnished to destitute seamen, will be removed. Such eases are within the prohibition of the statute, and an officer so offending is liable-to prosecution under its provisions. — R. 8., sec. 1719. (Paragraph 514.) 104 CONSULAR EEGULATIONS. Article XVI. TRANSPORTATION OF SEAMEN. 276. Consuls to provide transportation — It is made the duty of consuls to provide for the seamen of the United States who may be found destitute within their districts passages to some port in the United States, in the most reasonable man- ner, at the expense of the United States, subject to such in- structions as the Secretary of State shall give. — R. 8., sec. 4577. Seamen who are entitled to relief in accordance with the preceding article, and none others, are entitled to be re- turned to the United States. It has been held that a master is not obliged to take on board persons accused of crimes to be transported to the United States for prosecution. He will also not be required to take an insane seaman, unless harm- lessly so or in the custody of a keeper; nor a sick seaman who is likely to die on the voyage; but in the latter case the consul must determine whether the seaman is too sick to be sent, and whether the voyage may not benefit or restore him. — S Swnn. , 115; 7 Op. Att. Gen., 722. 277. Obligation of vessels to transport It is obligatory upon a master of a vessel of the United States bound to a port of the United States to take such destitute seamen on board his vessel at the request of the consul, and to transport them to his port of destination in the United States on such terms, not exceeding $10 for each person for voyages of not more than thirty days, and not exceeding $20 for each person for longer voyages, as may be agreed between the master and the con- sular ofllcer when the transportation is by a sailing vessel; and the regular steerage-passage rate, not to exceed 2 cents per mile, when the transportation is by steamer. The consu- lar officer shall issue certificates for such transportation, which CONSULAR RBaULATIONS. 105 certificates shall be assignable for collection. If any such destitute seaman is so disabled or ill as to be unable to per- form duty, the consular officer shall so certify in the certifi- cate of transportation, and such additional compensation shall be paid as the Comptroller of the Treasury shall deem proper. The penalty for refusal is in the sum of $100 for each seaman so refused. The certificate of the consul, given under his hand and official seal, is made presumptive evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty. It is not required, however, that a master should take a greater number than one man for every 100 tons burden of the vessel on any one voyage, or to take any seaman having a contagious disease. — B. 8., sec. 4^78; n Stat. L. , 58, sec. 9j ^^ Stat. L. , 83, sec. 18. (Paragraph 281. ) 278. Seamen to do duty. — When American seamen are put on board a vessel of the United States in a foreign port by a con- sul for transportation, they are bound by the same regula- tions as articled seamen, they are subject to the laws respect- ing the crew, 4nd they are bound to do duty as other seamen according to their several abilities. They are, on the other hand, entitled to receive the same accommodations, subsist- ence, and treatment as the seamen of the transporting ves- sel.— Peters, C. C, 118; R. S., sec. 4577. 279. From ports where no consular ofBcer. — When distressed seamen of the United States are transported from foreign ports where there is no consular officer of the United States to ports of the United States, there will be allowed to the master or owner of such vessel in which they are transported such reasonable compensation, in addition to the allowance now fixed by law, as shall be deemed equitable by the Comp- troller of the Treasury. Accounts or claims for services of this kind should be sent to the Auditor for the State and other Departments— iJ. S., sec. 4579; 28 Stat, 207. 106 CONSTJLAE REGULATIONS. 280. When transported seaman is a foreigner. — When the des- titute seaman sent to the United States is a foreigner, the consular oflcer will give such seaman a certificate that he is a returned seaman, to be exhibited by him to the examining officer at the home port to prevent any difficulty about his being permitted to land in the United States on account of the law excluding pauper immigrants. 281. What vessels to transport. — The statute does not impose the duty of transportation upon every American vessel found in a foreign port. Such a requirement might, under many circumstances, operate oppressively upon masters and own- ers. But the provision is limited in its application to such vessels of the United States as shall be bound to some port thereof. It does not apply to vessels bound to another for- eign port and thence to some port of the United States. Where, however, the opportunities of sending seamen to the United States do not often occur, and they are likely other- wise to remain a charge on the consulate, the consul should request the master to take them on board for transportation to an intermediate port at which such opportunities can be found, if the vessel is to touch at such a port, and for this service a suitable compensation will be allowed. 282. Transportation, how paid — Consuls will be careful, on sending destitute American seamen to the United States, to give to the master of the vessel on board of which they are placed a certificate in accordance with Form No. 24, setting forth their names and the amount to be paid for their pas- sage. This certificate is payable at the Treasury of the United States, and not by the collectors of customs. The latter, however, are required to indorse upon the certificate the fact of the arrival of the seamen within their several dis- tricts, upon which the certificate should be sent to the Auditor for the State and other Departments, when the amount agreed upon for the passage of the seamen will be remitted to the CONSULAR EBGULAXIONS. 107 master or his assignee or to the owner or agent of the vessel. The passages of seamen to the United States should not be paid in advance by a consul, unless they can not otherwise be had, and then only in foreign vessels. Payment for such passages will not be allowed without satisfactory explanation and proof of the delivery of the seamen at the port to which the passages are paid. A relaxation of the rule as to expla- nation and proof of the delivery of the seaman at the port of destination will be allowed when it is shown in the consul's returns that the passage is prepaid in a vessel or steamer destined for a direct voyage to the United States. 283. Agreements for transportation. — In consequence of the statutory restriction as to the number of destitute seamen which an American vessel is required to bring to the United States, and of the liability to the detention of seamen for considerable periods through the want of vessels bound directly to the United States, consuls are instructed, when an Amer- ican vessel has received one seaman for every 100 tons bur- den at the price fixed by law, that they may negotiate with the master for the passage of an additional number, if neces- sary, at such reasonable compensation as shall be agreed upon between the master and the consul. This compensation will be paid on the presentation of the consular certificate to the Auditor for the State and other Departments in the way here- inbefore prescribed. They may also contract with masters of foreign vessels at reasonable rates when opportunities by American vessels do not offer. In such cases the reasons for the payment of increased compensation should be stated in the consular certificate. The certificate should also state, in the ease of American vessels taking a greater number of sea- men than is required by law and at a greater rate, that there were no other American vessels then in port bound for the United States. 284. To be transported promptly. — Destitute seamen should 108 <)ONSULAB RB&ULATIONS. be provided with transportation at the earliest possible day, either directly to a port of the United States or to an inter- mediate port, where they may find employment in American vessels or passages to the United States. The consular officer is the proper judge as to the ship on board of which the sea- man should be placed for his return to the United States. The accounting ofllcers suspend,, in the adjustment of con- sular accounts, all charges for relief afforded to seamen who have been for more than three months chargeable to the United States, unless the accounts are accompanied by sat- factory evidence, first, that the detention was caused by a want of vessels in which they might have been shipped to the United States; or, second, that the health of the seamen was in such a state that it would endanger their lives to send them on the homeward voyage. The evidence in the latter case is to be the certificate, as per Form No. 26, of the attend- ing physician. Unless it is furnished, the drafts of the consul will not be paid. 285. Shipment to intermediate ports In places where oppor- tunities of sending seamen home seldom occur, and employ- ment on board of American vessels can not be obtained, the consul may ship them to an intermediate port where they may be likely to find such employment or a passage to the United States. He will in this case make a specific agreement with the master of the vessel at the most reasonable rate for their passage, giving to him a certificate (Form No. 163) request- ing the consular officer at the port of destination to pay to the master of the vessel the amount agreed upon for the passage of the seamen upon their arrival at the consulate and the presentation of the certificate. The consular officer to whom they are sent must indorse on the certificate the fact of the arrival of the seamen, and cause the master to receipt thereon for the passage money paid to him. The certificate, so in- dorsed and receipted, should be transmitted with the account CONSULAK KEGtTLATIONS. 109 of the consul for relief of seamen, in which the amount so paid for the passages of the seamen should be debited to the United States. 286. Discretion in sending to intermediate ports. — In the exer- cise of this discretion in respect to sending destitute seamen to intermediate ports, the consul will take into consideration the relative cost of keeping the seamen where they are and at the port to which they can be sent, together with the expense of their passage thither and the probability of their obtaining employment there or a passage home ; and he will adopt the coiirse which may seem best, having a due regard for the interests of the United States and a proper concern for the seamen. In the event that the consul to whom sea- men are thus sent should not have sufficient funds to pay the passage money, he should negotiate a draft for the proper amount, drawn upon the Secretary of the Treasury, and pay the amount from the proceeds. It is not desirable, and it will often be inconvenient, for the master to negotiate such a draft, and, unless otherwise requested, the consul should himself negotiate it. Information of the drawing of such drafts, together with a report of the number of seamen, the cost of passage, and the consul by whom they were sent, must be at once communicated to the Auditor for the State and other Departments. In the absence of information in these respects payment of the drafts may be withheld. 287. Transportation on passenger steamers — -When seamen are sent by consular officers to intermediate ports on regular pas- senger steamers, and payment of passage is required in ad- vance, the consular officer by whom they are sent should transmit to the consul at the port of destination, either by the same vessel or the quickest route, a list of the seamen forwarded, with the name of the vessel, requesting him to certify the arrival of the seamen, on the list and to transmit it at once to the Auditor for the State and other Departments. 110 CONSULAR BEGULATIONS. It will be the duty of the latter to comply with such requests without delay. In case a draft should be necessary to meet the expense of the passages so paid in advance, it should be drawn upon the Secretary of the Treasury, and negotiated and reported as provided for in the preceding paragraph. 288. Clothing to be reported to consul at destination. — When destitute seamen are forwarded to intermediate ports, as pro- vided for in the preceding paragraphs, and supplies of cloth- ing are furnished them by the consul by whom they are for- warded, a list of the clothing should be transmitted to the consul at the port of destination in the manner prescribed in paragraph 273. 289. Allowance when seamen are picked up. — When American seamen are picked up at sea and transported to some port of the United States, a reasonable compensation for such serv- ice is allowed, usually not exceeding 50 cents per day for each seaman, upon presentation at the Treasury Department of an account or claim in proper form, accompanied by satis- factory evidence as to the service rendered, the time the sea- men were on board the rescuing vessel, and of their arrival in the United States. 290. Transportation of shipwrecked seamen When American seamen, whether transported from a port or place where there is no consular of&cer or picked up at sea, are landed at a consulate of the United States, the consular officer is author- ized to pay the master of the vessel in which they are trans- ported a reasonable compensation for the service, not exceed- ing 50 cents per day for each seaman, and to include the same in his account for relief of seamen, forwarding a proper voucher therewith and furnishing satisfactory explanations as to the case. The names of the seamen and the names of the vessels to which they last belonged must be given, and also the number of days occupied in their transportation. (Form No. 84.) CONSULAK REGULATIONS. Ill 291. Passage money to be paid from arrears of wages, etc. — The amount to be paid at the Treasury Department for the passage of a seaman to the United States on a consular certificate is to be estimated with the expenses of the seaman and deducted from his arrears of wages or the extra wages in the same manner as the expenses for relief that are paid directly by the consular officer. When, also, a seaman is sent to an inter- mediate port, if any part of the arrears of wages or the extra wages is available for the purpose, the amount paid in advance for his passage, or requested to be paid, by the consular officer at the port of destination should be deducted in like manner. 292. Accounts and drafts. — All accounts relating to the relief and transportation of destitute seamen must be in the name of the principal consular oflicer, and drafts on the Secretary of the Treasury must be made by those of&cers only. No account or draft of a vice-consul or vice-commercial agent or consular agent will receive attention, unless in the absence of the principal consular officer from his post, in which case a certificate of that fact must accompany the account or draft. (Paragraphs 557, 558.) Aeticlb XVII. DESERTION OF SEAMEN. 293. Desertion, how punished It is provided by statute that desertion shall be punished by imprisonment for not more than three months, and by the forfeiture of all or any part of the clothes or effects the deserter leaves on board, and of all or any part of the wages or emoluments which he has then earned; and that when a seaman or apprentice neglects or refuses to join the ship, or deserts from or refuses to go to sea in any vessel in which he is duly engaged to serve, or is found otherwise absenting himself therefrom without leave at any place out of the United States, he may be apprehended 112 CONSULAR REGULATIONS, and detained or conveyed on board. It is also made the duty of consular officers to reclaim deserters and to employ the local authorities for the purpose whenever that can be done. — B. 8., sees. 4596, 1^99, ^600. (Paragraph 299.). 294. Desertion defined — Desertion is defined to be the quit- ting of the ship and her service by one of the ship's company without leave and against the obligation of the party and with an intent not again to return to the ship's duty. Neg- lect or refusal to rejoin the ship after an absence with leave when ordered to return is desertion ; but it is not desertion when a mariner, through excess of indulgence, overstays his time of leave, and when he has not refused or neglected to comply with an order to return; nor when the seaman leaves the ship on account of cruel or oppressive treatment, or for want of suflacient provisions in port when they can be pro- cured by the master, or when the voyage is altered in the articles without consent. — 18 Fed. Rep., 606 j S9 Id., 6^4. Where a seaman signs articles for a voyage, agreeing to go to the port where the vessel is lying to join her, and fails to do so, he is a deserter. — 53 Fed. Rep., 651. 295. Casual overstay not desertion. — A casual overstay of leave is not desertion; nor is the going ashore without leave, but with the intent to return. The consular ofGlcer will be careful to inquire on these points, as sailors on shore often overstay their leaves of absence. He will also take care to assure himself that a reported desertion has not been fraudulently favored or permitted by the master for the pur- pose of avoiding the payment of extra wages upon a regular discharge of the seaman. — 2 Ben., 189. 296. Forfeiture of clothes, wages, etc The clothes, effects, and wages which are forfeited for desertion are to be applied in payment of the expenses occasioned by the desertion to the master or owner of the vessel from which the desertion took place, and the balance, if any, is to be paid by the master or CONSULAR REGULATIONS. 113 owner to any shipping commissioner resident at the port at which the voyage of the vessel terminates. In all cases of forfeiture of wages, the forfeiture shall be for the benefit of the master or owner by whom the wages are payable. — R. S., sec. 46O4. Under the provisions of this statiite it has been decided that a consular ofllcer has no authority to demand and receive from the master the money and effects belonging to a deserter from the vessel. — 14 Op. Ait. Gen., 520. 297. Upon sale of vessel abroad. — If a vessel is sold in a foreign port and the master then has a balance of wages of a deserter in his hands which would be delivered to the shipping com- missioner if the voyage were to terminate in a port of the United States, the consul may properly demand such balance ; and he is instructed to make the necessary inquiries of the master in this respect. If the master refuses to comply with the demand, the consul will report the facts, together with the amount of the balance and the name of the deserter, to the Department of State. If the master complies with the de- mand, it will be the duty of the consul to give a receipt for any money delivered to him, and to transmit the amount, through the Department of State, to the shipping commis- sioner at the port to which the vessel belonged, or, if there is no shipping commissioner, then to the district judge for the district in which the port is situated. (Appendix V. ) 298. Consul to protect fund arising from forfeitures The bal- ance of the proceeds of the forfeited clothes, effects, and wages of deserters, to be paid to the shipping commissioner, ulti- mately goes into a fund for the relief of sick and disabled and destitute seamen. It is the duty of a consular officer, so far as possible, to protect this fund. To that end, therefore, he will require the master, when a desertion list is to be set- tled and certified, to exhibit his slop-book and an account of all items charged against the seaman, and the amount, if any, due to him from the ship at the date of desertion. He will 17824 C R 8 114 CONSTJLAE REGULATIONS. closely examine the account of the ship against the seaman^ and he may withhold his approval, if he shall be satisfied that the account is overstated, or the prices of articles are extortionate, or that the account is fraudulent in any respect, until the master shall consent to its rectification. In settling the account of a deserter's wages, or his interest in the cargo, no allowance or deduction shall be made except for moneys actually paid, or goods at a fair price supplied, or expenses incurred for the seaman, any receipt or voucher from or arrangement with the seaman to the contrary notwithstand- ing.— i2. S., sees. 454^, 4604. 299. Arrest of deserters — In countries with which the United States have stipulations by treaty or convention providing for it, or where it is permitted by the local authorities, con- sular officers may cause the arrest of deserters and imprison them until required by the master or send them on board. (Forms Nos. 31, 32, and 34. ) The imprisonment, however, is only in order to detain the deserter, and not to punish him, and there is no authority for its infliction at the request of a master after the discharge of a seaman from his contract with the vessel. Apart from the stipulations of treaty, the local laws of a country often provide for the arrest of desert- ers in order to prevent their becoming a public charge, and these laws may be availed of by consular officers. Authority for the arrest and detention is also granted in some countries as a matter of comity or has the sanction of long-established usage. But in the absence of a treaty or convention, a con- sular officer can not claim as a right from the local authori- ties the detention or return of a deserter. — 1 Curtis, 69. (Par- agraphs 88, .306, 320.) 300. Desertions to be noted on crew list It is the duty of a master, when a desertion occurs, to note the fact on the list of the crew (Form No. 83), and to have the desertion officially authenticated at the port or place of the consular office where OONSXJLAE REGULATIONS. 1] it takes place, if it is possible; if not, at the consular office j the port first visited by the vessel after the desertion, if shall have occurred in a foreign country. If the vessel is at port where there is a consular ofl&cer, it is the duty of tl master to report to the latter the desertion of a seaman withi forty-eight hours thereafter. This provision is to be co] strued in connection with the provision that the bond give by the master for the return of the seaman shall not be fo felted on account of his absconding, of which satisfactory proi is to be exhibited to the collector. (Paragraph 205. ) 301. Desertions connived at by masters — Consular officers ai enjoined to take every proper measure to discourage ar defeat any proceedings on the part of masters under whic seamen are permitted or forced to desert and subsequent! come upon the consulate for relief. And with this view the are forbidden to certify the desertion list of any master unt it is satisfactorily shown that the desertion was not consente to or abetted by the master or his officers or was not mac justifiable by the conduct on their part toward the seamei and that all proper efforts were made to recover and secui the deserter. No seaman can be said to abscond who open! goes off with the consent of the master or under circumstanc< showing the desire or intention to get rid of him. — 21f. C. CI B. , 160. When, therefore, the consular officer is satisfied thf the seaman did not abscond or that he could have been n claimed if the master chose to make an effort for that pu pose, he is instructed to decline making any certificate whic would facilitate the master in evading the obligation of tl bond for the return of his crew. 302. Desertion from cruel treatment. — It is by law made tl duty of consular officers, in cases where deserters are appr hended, to inquire into the facts; and if he is satisfied that tl desertion was caused by unusual or cruel treatment, the mar ner shall be discharged and receive, in addition to his wage 116 CONSULAR KEGTJLATIONS. to the time of the discharge, one month's pay; and the con- sular officer discharging him shall enter upon the crew list and shipping articles the cause of discharge and the partic- ulars in which the cruelty or unusual treatment consisted, and subscribe his name thereto officially. — R. 8., sec. 4600; 2S Stat. L. , 55, sec. 6. It will be observed that the enforcement of this provision is imperative, and not discretionary, with the consular officer, when he is satisfied that the cause of the desertion is within its terms. The disposition of the extra wages in such a case is controlled by the general provisions of statute under which the extra wages are payable to the seaman, after deducting the expense of his relief and trans- portation.— i?. S., sec. 4581; 23 Stat. L., 65, sec. 7. 303. Desertions subsequently found to be fraudulent. — If, after the vessel has sailed and the desertion has been certified on the crew list, it shall appear that the desertion was within the provisions of paragraphs 301 and 302, the consular officer will at once report the facts and circumstances to the Depart- ment of State, when measures will be taken, through the proper law officer of the Government, to set aside the consu- lar certificate and to enforce the penalty of the bond given by the master for the return of the seaman. 304. Desertions to be reported within forty-eight hours. — Mas- ters often neglect to report desertions until a considerable period after they occur or until the vessel is about to sail, and consequently no effort is made, or can successfully be, made, for the recovery of the deserters who subsequently come upon the consulate. In order, therefore, to aid in the enforcement of these regulations, the regulation by which the master of a vessel is required to report the desertion to the consular officer within forty-eight hours after it haS occurred must be strictly insisted upon. If the master neglects so to report the desertion, the consular officer is authorized and directed to decline to certify the desertion CONSULAR EE&ULATIONS. 117 on the crew list. He may, however, formally discharge the seaman. 305. Not to use relief so as to encourage desertion. — The benefits of the law are sometimes imperatively invoked, as in the case of a mariner driven from his ship by intolerable treatment — treatment proceeding sometimes from reckless cruelty, and sometimes, as is believed, with a design to make the seaman leave his vessel, when his services have ceased to be of value for the completion of the cruise. It is believed that the fore- going instructions will be sufficient to meet such cases; but consular officers are cautioned so to use the funds appropri- ated for relief as not to entourage seamen to break their ship- ping engagements from a confidence that in so doing they do not forfeit their claim to relief and protection. (Paragraphs 250, 266, 267.) 306. Treaty provisions as to desertion. — Authority has been provided for in treaties and conventions with several powers under which the assistance of the local authorities may be invoked for the arrest and detention of deserters. In other countries the privilege is accorded as a matter of comity or is established by long usage. The consular officer will inform himself of the provisions in this respect of the particular treaty or convention by which the authority is conferred, or of the practice under the comity or usage; and in making his request he will be careful that his proceedings conform thereto. Such requests are to be made upon the application of the master, and the expenses attending the proceeding are to be paid by him. A general form of request will be found in Form No. 34. In case of a refusal by the local authorities to render the aid stipulated for in a treaty or convention, the consular officer will at once communicate all the facts, with copies of the correspondence, to the diplomatic representa- tive of the United States, if there be one in the country, and to the Department of State. (Paragraphs 88, 299.) 118 CONSULAR REGULATIONS. Article XVIII. DISPUTES BETWEEN MASTERS, OFFICERS, AND CREWS. 307. General principle. — It is part of the law of civiUzed nations that when a imerchant vessel of one country enters the ports of another for the purposes of trade it subjects itself to the law of the place to which it goes, unless by treaty or otherwise the two countries have come to some different understanding or agreement. From experience, however, it was found long ago that it would be beneficial to commerce if the local government would abstain from interfering with the internal discipline of the ship and the general regulation of the rights and duties of the officers and crew toward the vessel or among themselves. And so by comity it came to he generally understood among civilized nations that all matters of discipline and all things done on board which aif ected only the vessel or those belonging to her, and did not involve the peace or dignity of the country, or the tranquillity of the port, should be left by the local government to be dealt with by the authorities of the nation to which the vessel belonged as the laws of that nation or the interests of its commerce should require. — 120 U. S. , 1. 308. Treaties — In many instances by treaty and consular convention the United States have secured to their consular officers jurisdiction over questions of wages, shipment, and discharge of seamen, and over all transactions occurring on board vessels of the United States lying in a foreign port, whether in the nature of contracts, torts, or crimes, so far as they concern only the vessels and their cargoes and the per- sons belonging on board. If they concern the public peace of the country, or the rights of persons not belonging on board, they are subjects of local jurisdiction. A list of these treaties and conventions will be found in Appendix III, and the countries with which stipulations have been provided for OONSULAK REGULATIONS. 119. disputes between masters and crews are mentioned in para- graph 88. — Dana's Wheaton, sec. llOn. 309. Extent of treaty jurisdiction — In some treaties the juris- diction of the consular officer is restricted to differences in regard to wages; in others it is extended to all disputes, whether arising out of tort or contract ; and in some cases the consular officer is authorized to call upon the local authori- ties to give forcible assistance to preserve and enforce' his decisions and to imprison the crew of a vessel. Whenever a case arises, reference must be made to the provisions of the particular treaty or convention with the country in which the consular officer is acting for the extent of his jurisdiction in these respects. In countries in which consular courts are provided for, the proceedings will be in accordance with the rules and regulations prescribed in conformity with law. 310. In the absence of treaty In the absence of a treaty or convention with the country within which the consular offi- cer resides, he has no jurisdiction in differences and disputes between masters and crews or between American citizens, except in so far as it may be permitted by the foreign State through the exercise of comity, or reciprocity, or by long- established usage. As respects such disputes and differences, the adjustment is to be made, whether under treaty or other- wise, in accordance with the laws of the United States, and not with those of the foreign power. The rule is that all matters growing out of contract with the crew or affecting the police of the ship are subject to the laws of the State to which the vessel belongs. Although such matters may in some countries be submitted to the local tribunals, the pro- ceeding should be discouraged as undesirable in many respects. In countries with which the United States have no treaty or convention, but in which a permissory jurisdic.- tion has been granted or acquired, a consular officer should be careful to avail himself of it. 120 CONSULAR REGULATIONS. 311. Rule in United States courts — While courts in the United States insist upon the right to jurisdiction over foreign mer- chant vessels when in ports of the United States, except in so far as affected by treaty, they usually decline to exercise it in eases of disputes between masters and seamen of foreign ves- sels when the nation to which the vessel belongs has provided for the settlement of such disputes before its own consuls, on the ground that such noninterference is necessary to the proper police regulation of the merchant marine of nations. The exceptions to the rule are few, as when a master has been guilty of extreme cruelty, or when there is a manifest disre- gard of the contract which would operate unjustly to the sea- man if he were compelled to await a return to his own country before he could resort to the courts. — 120 U. S., 1. 312. Liberty of the crew to complain. — The master of a vessel is required by law to give the crew full liberty to lay their complaints before the consular officer, and not to restrain them from coming ashore, unless some sufficient and valid objection exist thereto; in which case, if any mariner desire to see the consular officer, it shall be the duty of the master to acquaint the latter forthwith, stating the reason why the mariner is not permitted to land, and that he is desired to come on board. The consular officer, on receiving such information, will re- pair on board without delay, and inquire into the causes of the complaint, and will proceed therein as the law directs. — R. S., sec. 4567. 313. Right of complaint protected by courts. — The right of the seaman to lay his complaint before the consular officer in a foreign port is one of great importance to him, and is care- fully protected by the courts. When a seaman files a libel in a court of admiralty and maritime jurisdiction, alleging that the master had maltreated him while in the service of the ship, and his allegations are proved, the court decrees damages in accordance with the facts. And if it appear CONSULAB KEGULATIONS. 121 that the master denied the seaman liberty to lay his com- plaints before the consular officer in a foreign port, such denial is an aggravation of his offense and enhances the amount of the decree. And in particular instances, by act of Congress, a penalty is imposed upon a master who refuses his crew the right to lay their complaints before the consul. — B. S., sec. 4567; 1 Sprague, 62; Id. 163; 1 Curtis, 69. 314. Consul to see that right is allowed. — The consular officer is regarded as the adviser and counsel of the seaman, and it is enjoined upon him to see that the latter is unrestricted in the privilege to submit his complaint. If there is reason to believe that a seaman is restrained in any way from appear- ing at the consulate, in order to prevent his application to the consular officer, the latter will not wait for the complaint, but will at once proceed on board or take the proper steps to secure his appearance before him. The investigation of these cases is often tedious, the evidence is apt to be conflict- ing, and the consular officer will require the use of all his good judgment, forbearance, discretion, and good temper. 315. Complaint of unseaworthiness. — Provision has been made by statute for the examination of complaints in respect to the unseaworthy condition of the vessel and insufficient equipment or supplies, and for the proceedings of consular officers in such cases. It is the duty of the latter, when such complaints are submitted to him, to appoint inspectors to examine into the causes of complaint, who have authority to inspect the vessel and to take the necessary proofs. The consular officer may approve the whole or any part of the inspectors' report; and if it is found that the vessel was sent to sea unsuitably provided, by neglect or design, he may dis- charge the crew with the arrears of waE:es and one month's extra wages. (Paragraphs 207, 243.) If, however, the de- iieiencies were the result of mistake or accident, and are remedied Avithin a reasonable time, the crew must remain; if 122. CONSULAR REGULATIONS. not so remedied, the consular officer may discharge the crew, on their request, with the arrears of wages, but without any extra wages. (Paragraph 208.) Provision- has also been made for the payment of the expenses of these proceedings, by the master or those of the crew who make the complaint, and for a penalty on the master for refusal. In cases of this kind the consular officer will be careful to consult the full text of the statute.— i2. S., sees. 4S59-4563. 316. Complaint as to provisions or water. — When three or more of the crew of any merchant ship of the United States, engaged according to the provisions of the statute, make complaint to a consular officer of the United States that the provisions or water for the use of the crew are at any time of bad quality, unfit for use, or deficient in quantity (see Form No. 27), such officer, shall thereupon examine the said provisions or water or cause them to be examined, and, if they are found to be of bad quality and unfit for use, or deficient in quantity, he shall signify the same in writing to the master of the ship (Form No. 28). If the master shall not thereupon provide other provisions or water when the same can be had, or does not procure the requisite quantity, or uses any which have been thus signified to be bad, he shall, in every case, incur a pen- alty not exceeding $100. In each case the consular officer will enter the result of the examination in the log book of the vessel (Form No. 29) and send a report thereof to the district judge of the port to which the vessel is bound (Form No. 30). If he certifies in such statement that there was no reasonable ground for the complaint, each party complaining shall be liable to forfeit to the master or owner one week's wages out of his wages. — R. S., sees. 1(565, J,566. 317. When provisions are reduced If, during a voyage, the allowance of any of the provisions which any seaman has, by his agreement, stipulated for, is reduced, except in accord- ance with any regulations for reduction by way of punish: CONSULAR REGULATIONS. 123 ment, contained in the agreement, and also for any time during which such seaman willfully and without sufficient cause refuses or neglects to perform his duty, or is lawfully under confinement for misconduct, either on board or on shore ; or if it is shown that any of such provisions are, or have been during the voyage, bad in quality and unfit for use, the seaman shall receive by way of compensation for such reduction or bad quality, according to the time of its continuance, the following sums, to be paid to him in addi- tion to and to be recoverable as wages: First, if his allow- ance is reduced by any quantity not exceeding one-third of the quantity specified in the agreement, a sum not exceed- ing 50 cents a day; second, if his allowance is reduced by more than one-third of such quantity, a sum not exceeding $1 a day; third, in respect of bad quality as aforesaid, a sum not exceeding $1 a day. But if it is proved that any provisions, the allowance of which has been reduced, could not be procured or supplied in sufficient quantities, or were unavoidably injured or lost, and that proper and equiva- lent substitutes were supplied in lieu thereof in a reasonable time, the court shall take such circumstances into considera- tion, and shall modify or refuse compensation, as the justice of the case may require. — R. 8., sec. 4568. 318. Forms of proceeding. — The form of proceeding in the adjustment of the differences between masters and seamen should be as simple and summary as the nature of the case and justice to the parties will allow. The complaint upon which any proceeding is founded should be verified by the oath of the person making the complaint. Due notice of the nature of the complaint and of the time of the hearing should be given to the adverse party and all other persons in interest. 319. The hearing On the day of the hearing, the defend- ant should be required to answer, in writing, under oath, or 124 CONSULAR REGULATIONS. be adjudged in default. At the hearing each party should have an opportunity to cross-examine the witnesses produced by the other party, and to testify himself, on oath, if he wishes. The consular officer will render such summary judg- ment as the case may require, and may order that each party shall pay his own costs, or that one party shall pay all the costs, in his discretion. The costs shall be at the rates named in the tariff of fees, for any services coming within the tariff, and the costs and expenses of the process; but no hearing is to be extended beyond one day, unless absolutely necessary. 320. Application to authorities — In countries with which the United States have treaty stipulations providing for assist- ance from the local authorities, consular ofl&cers are instructed that it is undesirable to invoke such interposition unless it is necessary to do so. In cases of arrest and imprisonment they will see, if possible, that both the place of confinement and the treatment of the prisoners are such as would be regarded in the United States as proper and humane. (General forms for requests for arrest, detention, and release of seamen are given in Forms Nos. 31, 32, and 34.) If a request for assist- ance is refused, the consular officer should claim all the rights conferred upon him by treaty or convention, and communi- cate at once with the diplomatic representative in the country, if there be one, and with the Department of State. When such requests are made in accordance with long-established usage, he should, when they are refused, make suitable rep- resentations to the proper local authority, and likewise advise the legation and the Department. (Paragraph 299.) Article XIX. WRECKED AND STRANDED VESSELS, AND SURVEYS. 321. Consuls to take measures to save wrecks. — Consular officers, in cases where vessels of the United States are stranded on CONSULAR REGULATIONS. 125 the coast of their consulates, respectively, are required by law, as far as the laws of the country permit, to take proper measures, as well for saving such vessels, their cargoes, and appurtenances, as for storing and securing the effects and merchandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories, must, after deducting therefrom the expense, be delivered to the owner or owners. But no consular officer is permitted to take possession of any such goods, wares, merchandise, or other property when the master, owner, or consignee thereof is present or capable of taking possession of the same. — ■ B. S., sec. 4238. 322. Wrecked without and brought into consular district — Dispo- sition of effects All vessels, parts of vessels, and any portion of their cargo, belonging to citizens of the United States, saved and brought into the consular jurisdiction after being wrecked, or in consequence of any disaster at sea, are to be proceeded with in the same manner as if the vessel had stranded within the consular jurisdiction; and if salvage be claimed and allowed by a competent tribunal, the remainder of the effects, or the proceeds thereof, if sold, shall be dis- posed of in the same manner as is directed in Article XXIII of these Regulations respecting the personal effects of citi- zens dying without the United States; provided, in the case of salvage, that the court deciding the same shall permit the consular officer to receive the effects and remainder of the property after the salvage is paid. The 5 per cent official fee prescribed (paragraph 533, Fee No. 15) for settling estates is not chargeable for services required by this paragraph. 323. Wrecking companies. — In some countries chartered com- panies have the privilege of taking possession of all property wrecked; in others it may be vested in particular magistrates or officers. In such cases the consular officer is not to inter- fere with the legal function of the proper officer, but he may 126 CONSULAR REGULATIONS. ask leave, as the representative of the absent master or owner, or as his official adviser, if he be present, to assist at the taking of the inventory, the sale, and all other proceedings in relation to the property. It is his duty to protect the in- terest of the owner, and, if his reasonable requests are not complied with, to take the necessary evidence of the facts in the case and transmit it to the Department of State. 324. Wreck to be reported When any American vessel is -wrecked within his jurisdiction, the consul is to give notice to the Department of State, naming the vessel and her own- ers or master, and giving the circumstances attending the loss. If there is an agent of the American underwriters in his jurisdiction, he will cooperate with him. (Paragraph 336.) 325. Froceedings When there is no impediment from the laws of the country, all proceedings in relation to property wrecked are to be the same as those prescribed in the case of property of citizens dying without the United States (Article XXIII), and so also with regard to the taking pos- session and disposing of whatever effects, whether wrecked, abandoned, or otherwise unrepresented, within a consulate belonging to any citizen of the United States. 326. Property of unknown citizens. — A consular officer is al- lowed to institute proceedings for the recovery of property in behalf of citizens of his own country, although they may be unknown to him; yet restitution can not be decreed with- out specific proof of the individual proprietary interest. 327. Rescue from shipwreck. — Whenever a consul shall re- ceive authentic intelligence of the rescue from shipwreck of seamen or citizens of the United States by the master or crew of any foreign vessel, he will, without delay, transmit to the Department of State a statement of the facts, including the name of the master of the foreign vessel and of the country or port to which he may belong, and also the names of such CONSULAR KEGULATIONS. 127 of the crew as may have especially distinguished themselves. This statement will be laid before the President, who is expressly authorized by Congress to make suitable acknowl- edgments to the masters and crews of foreign vessels for their services in rescuing from shipwreck citizens and vessels of the "United States.— ^9 Stat'. L., SO. The consul will state in his report the names of the passengers and crew who may have perished, and also of the survivors, and what disposition has been made of them. The statement of the consul should be full and precise in details, and such as to enable the Department to determine the hazard incurred in the rescue, and to adjust the testimonial to the degree of merit shown by those taking part on the occasion. The provisions respect- ing such acknowledgments apply only to the masters and crews of foreign vessels,and not to those of American vessels. 328. When consul may reward rescuing crew. — If, after inves- tigating the facts and circumstances of the rescue, in the judgment of the consular officer, the master and the rescu- ing boat's crew, or any of them, are deserving of reward, he is authorized to pay to such master and boat's crew, or to any of them, without previous reference of the matter to the Department of State, a sum of money in gold, ranging from $5 to $25, according to the rank and merit of the recipient. These payments may be made out of any public funds on hand, or, in case there is not in his possession sufficient pub- lic money available for the purpose, he is authorized to draw on the Secretary of State, at fifteen days' sight, for a sufficient amount. In either case a separate account of the expendi- tui-e, supported by vouchers, must be sent to the Department immediately on payment of the money. (Form No. 170.) In making these awards it is expected that consular officers will exercise due diligence and sound discretion. Humane as weir as heroic action is deemed deserving of recognition, though in a less degree; and sacrifice of business interests 128 CONSULAR REGULATIONS, as well as disregard of personal peril. Volunteer eflforts should also be rated higher than compulsory action under the orders of a superior. Accompanying the account should be sent a full statement of the facts of each case, in conformity with the provisions of the foregoing paragraph, in order that the Department may determine what further action, if any, should be taken to do justice to all the parties to the rescue. When the action of the master or any member of the orew is deemed deserving of a more liberal acknowledgment, or , one different from that herein authorized to be made, the report should fully demonstrate his title to other or additional recognition. 329. Aid to shipwrecked Americans. — Consuls will promptly render such assistance as may be in their power to their ship- wrecked countrymen, and institute, whenever it is practicable, energetic proceedings for the protection of their property; but this instruction gives no authority to incur any expense there- for in the expectation of its being defrayed by the Department of State, the appropriation for the relief and protection of American seamen in foreign countries, which is made by Congress, not being applicable to any purpose except the relief of persons who are actually "seamen." Whenever it is necessary for the safety of property, consuls will apply to the local authorities for assistance. 330. Papers to be preserved. — Consuls will carefully collect and preserve all the papers and documents relating to the ship or its cargo, or to the passengers, and deliver them to the parties to whom they belong, or to the representatives of such parties, or, in the event of their death or nonappearance, they will transmit them to the Department of State. It is the duty of the consul to ascertain, in all cases of wrecks in his district, what became of the register of the vessel; and whenever he can obtain it, he should transmit it without delay to the CONSULAR REGULATIONS. 129 Treasury, through the Department of State, with his report of the circumstances of the wreck. The master may, how- ever, retain one-half of the register if he is present. 331. Where wreck is sold to foreigners Where a wrecked vessel is sold to foreigners and repaired, one-half of the regis- ter should be sent to the Treasury, through the Department of State, and the other half delivered to the old master for surrender to the collector of customs. In like manner when- ever a registered vessel of the United States is sold abroad to persons not citizens of the United States, one-half of the reg- ister should be sent to the Treasury, through the Department of State, and the other half given to the old master for sur- render to the collector of customs. If the purchaser is a citizen of the United States, the whole register should be de- livered to the new master or other person having the charge or command of such vessel, and a new register obtained therefor pursuant to section 4166 of the Revised Statutes. (Form No. 67.) 332. Sale by master. — The master of a ship may in some cases sell the ship; but the sale to be valid must be shown to have been the result of urgent necessity. It is not enough that it was bona fide and for the benefit of all concerned. What circumstances of necessity will justify a sale by the master it would be difficult to define. Generally, it may be stated that if the ship can not be repaired in the place where she is, save at a ruinous cost, or if she can be so repaired, yet the master has not the means of repairing without a delay equally injurious to his owners, or can not commu- nicate with them in due time without exposing their property to imminent risk, in such cases the master has the super- added authority to sell his. ship. The law imposes on the purchaser, however, the duty of ascertaining the circum- stances under which the sale was made and the burden, if it is afterwards contested, of proving that it was justified by 17824 c R 9 130 CONSULAR REGULATIONS. legal necessity. He can not adduce a consular or admiralty survey, or the proceedings and decree of a vice-admiralty court, or the order of any Government authority, as preclud- ing the most searching examination by the courts into the circumstances of the transaction. — Sivabey, H5; 2 Wash, a a, 150; IS Peters, S87; 6 Mason, i65. 333. Surveys — A consular officer is often applied to for the authorization of a survey of a vessel, as in the case of a wreck or of the damaged or unseaworthy condition of the vessel. The general mode of proceeding in such cases is shown in Forms Nos. 42-51. In case he is called upon to give certified copies of such documents, he may follow Form No. 52. If the vessel is in a sinking condition, he may apply to the proper authority to know where she shall be grounded (Form No. 53). 334. Bottomry and sale — After the estimate of damage, the master may endeavor to borrow on bottomry the necessary funds for repairs; and in case of inability to do so, he maybe forced to sell the vessel. The proceedings in such cases are shown in Forms Nos. 54-65 and 67. If the necessary funds are procured, and a bottomry bond is given and acknowledged before the consular officer. Forms Nos. 68-73 may be used. 335. Forms — The consular officer will be careful to note that such of these forms as relate to unofficial documents, as well as those referred to in paragraph 168, are given for his general information and not as absolute guides in all cases. The Department of State assumes no responsibility for their cor- rectness in any particular case in which they may be used. (Paragraph 464.) 336. Consuls and underwriters' agents In cases of wrecks and surveys, a consular officer will, so far as may be consistent with -the proper discharge of his own duties, cooperate with the recognized agent of American underwriters, if there be one ^t the port and if the vessel or cargo has been insured in CONSULAR KEGULATIONS. 131 any company which the agent has authority to represent. It is not intended that such cooperation shall have the effect of superseding the consular officer in cases where the duties of the two officers may be the same, but only that it shall em- brace those matters, not conflicting with his public duties, in which his position and authority may properly be used to promote the interests of the underwriters. All surveys of vessels and damaged goods are to be inaugurated and conducted under the authority and supervision of consular officers; and when a master undertakes to conduct the pro- ceedings without such sanction and authority, he is none the less liable for all lawful consular fees and charges. 337. Consular fees. — The proceedings of a consular officer in these respects will be determined by the provisions of law and treaty, the custom of the port, and the wishes and duties of the master of the vessel. If the services to be rendered in behalf of the ship or cargo are such as the consular officer is authorized by law or usage to perform, it is the duty of the master to apply to him for them ; and the statute provides as a penalty for neglect or refusal to do so that the papers of the vessels shall be retained until the proper consular fees are paid. In certain cases it is the duty of the consular officer to order a survey, whether Avith the consent of the master or not.— i?. S., sees. 1718, 4559-4563. 338. Jurisdiction by treaty. — In countries with which the United States have treaties providing for the jurisdiction of a consular officer over wrecks, damages to cargoes, and sal- vage it is his duty to exercise that jurisdiction for the pro- tection of the interests of all concerned. Consular officers should satisfy themselves of the extent of the authority granted by the treaty or acquired by established usage in these respects in their several countries, and should conform their proceedings thereto. It belongs to the master, as the representative of the owners of the vessel and cargo — except 132 CONSULAR REGULATIONS. where otherwise provided by law — to decide whether he will call for a survey, and in the absence of a request from him a consular officer is usually not authorized to direct a survey to be made. If, however, the master neglects or refuses to apply for services which it is the duty of the consular ofiacer by law or usage to perform and obtains the services through other agents, he should be advised of the provisions of law respecting such neglect or refusal. 339. In Spanish West Indies. — Bj' a royal decree of July 28, 1868, consular officers in the Spanish West Indies are author- ized to direct all the operations of salvage in the cases of ves- sels of their nationality wrecked in their several jurisdictions, as representatives of the owners. The local customs officers are required to give all necessary assistance in saving the ship and cargo, and measures are to be taken between the two classes of officers for the custody and sale of the wreck and cargo and the collection of duties. 340. Treaties to be consulted. — Consular officers will consult the text of treaties affecting proceedings concerning wrecks in all cases in which they may have occasion to act under them. If the assistance stipulated for is refused in any case, or the treaty provisions are ignored in any respect, they will at once advise the diplomatic representative of the United States, if there be one in the country, and the Department of State. (Paragraph 90.) Article XX. AMERICAN OR FOREIGN BUILT VESSELS TRANSFERRED ABROAD TO CITIZENS OF THE UNITED STATES. 341. Right to acquire property in foreign ships. — The right of citizens of the United States to acquire property in foreign ships has been held to be a natural right, independent of CONSULAR EEGULA.TIONS. 133 statutory law, and such property is as much entitled to pro- tection by the United States as any other property of a citizen of the United States. 342. Treasury regulations — sea letters. — The existing general regulations of the Treasury Department under the customs and navigation laws (Customs Regulations, 1892) recognize the right of property in vessels of this character and declare them to be entitled to the protection of the authorities and to the flag of the United States, although no register, enroll- ment, license, or other marine document prescribed by the laws of the United States can lawfully be issued to such vessels whether they are American or foreign built. The former practice of issuing sea letters in the case of the purchase abroad of American or foreign vessels by citizens of the United States is no longer authorized. Nevertheless, though the issuing of sea letters to such ships is not now authorized, yet there would seem to be no good reason upon the face of our present legislation why the Department of State should not resume the practice, in case the United States should be a neutral in a war between maritime powers, if it should deem such letters more protective in their character than consular or customs certificates of sale. 343. Record of bill of sale, certificate, etc. — In view of existing regulations, and to enable the owners of a vessel so situated to protect their rights, if molested or questioned, a consular offlcer, though forbidden by law to grant any marine docu- ment or certificate of ownership, may lawfully make record of the bill of sale in his office, authenticate its execution, and deliver to the purchaser a certificate to that effect; certifying, also, that the owner is a citizen of the United States. Before granting such a certificate the consular officer will require the tonnage of the vessel to be dulj' ascertained in pursuance of law and insert the same in the description of the vessel 134 CONStTLAK KEGULATIONS. in his certificate. (Form No. 35.) These facts thus authen- ticated, if the transfer is in good faith, entitle the vessel to protection as the lawful property of a citizen of the United States; and the authentication of the hill of sale and of citi- zenship will be prima facie proof of such good faith. 344. Consul's responsibility. — The authority of a consular oflcer to authenticate the transfer of a foreign vessel is wide in its effects and imposes great responsibility in making him, in the first instance at least, the sole judge of the good faith of the transaction. The question of the honesty and good faith of such a sale rises into the gravest importance in the event of a war between two or more powers in which the Government of the United States is a neutral. In such a war experience justifies the expectation that the citizens or subjects of one or more of the belligerents will seek to protect their shipping by a transfer to a neutral flag. In some instances this may honestly be done; but the sales of the vessels of belligerents in apprehension of or in time of war are always and properly liable to suspicion, and they justify the strictest inquiry on the part of the belligerent who may thereby have been de- frauded of his right to capture the enemy's property. The acceptance of the pretended ownership of a vessel under these circumstances may be very profitable; and the tempta- tion to abuse his trust in such a case to which a consular ofBicer is subjected may be too great for persons of ordinary integrity, discernment, and firmness to withstand. Instances are not wanting in which citizens of the United States who were wholly incapable, from their previous well-known condi- tion and pursuits, of making such a purchase have appeared as owners under sales of this character and have sought for them the protection of the Government. 345. Cartful investigtion enjoined It is the duty of a consular officer to use all available means, especially during the exist- ence of a war to which this Government is not a party, to CONSULAR KEGULATIONS. 135 satisfy himself that the sale of a vessel is made in good faith and without a fraudulent intent. A considerable discretion and responsibility rest upon him in the determination of the good faith of such transactions. It is not to be concluded that all such sales, even in time of peace, are honest and free from collusion or fraud. It is the duty of the consular officer to notice all circumstances that throw doubt on the good faith of the transaction or point to its fictitious character, and, if he is satisfied in this respect, to refuse to grant his certificate. On the other hand, he is not permitted to regard the mere fact of the sale of a vessel to a citizen of the United States as any evidence of fraud. The presumption must be otherwise, and, in the absence of any indication of dishonesty, a sale in the regular way, with the usual business formalities, is to be regarded as made in good faith. 346. Certificate, when to be issued. — When a consular officer shall have satisfied himself, after the investigation with which he is charged, that the sale of a vessel is not fictitious and is made in good faith, and that the purchaser is a cit- izen of the United States, it is his duty, when requested, to record the bill of sale in the consulate, and to deliver the original to the purchaser, with his certificate annexed thereto, according to Form No. 35. A copy of the bill of sale, together with any other papers belonging to the transfer, and of the consular certificate should be sent without delay to the Depart- ment of State, with a report of the facts and circumstances of the transaction. 347. Right to fly the flag. — The privilege of carrying the fiag of the United States is under the regulation of Congress, and it may have been the intention of that body that it should be used only by regularly documented vessels. No such inten- tion, however, is found in any statute. And as a citizen is not prohibited from purchasing and employing abroad a for- eign ship, it is regarded as reasonable and proper that he 136 CONSXJLAE REGULATIONS. should be permitted to fly the flag of his country as an indi- cation of ownership and for the due protection of his property. The practice of carrying the flag by such vessels is now estab- lished. The right to do so will not be questioned, and it is probable that it would be respected by the courts. 348. Disabilities of foreign-built vessels. — It should be under- stood that foreign-built vessels not registered, enrolled, or licensed under the laws of the United States, although wholly owned by citizens thereof, can not legally import goods, wares, or merchandise from foreign ports, and are not allowed in the coasting trade.— i2. S. sees. 2Jfil, 4S11. 349. Forfeiture and tonnage duties On arrival from a for- eign port undocumented foreign-built vessels, if laden with goods, wares, or merchandise, may, with their cargoes, be subjected to forfeiture. — R. 8., sec. 2^97; see Tariff act of 1894, sec. 15. If in ballast only, or with passengers without cargo, they will be subject to a discriminating tonnage duty.— i2. S., sec. 4^19; 19 Stat. L., 250. When in foreign ports they are also subject to tonnage and other consular fees from which regularly documented vessels are exempt. For instructions respecting the shipment and discharge and relief of seamen on vessels of this character, and the collection of extra wages, consular officers are referred to the several articles on these subjects. Article XXI. MUTINY AND INSUBORDINATION, AND THE TRANSPOR- TATION OF PERSONS CHARGED WITH CRIMES AGAINST THE UNITED STATES. 350. Consul to intervene in case of mutiny If American sea- men on board of a vessel of the United States either arrive at a port in a state of mutiny, or a mutiny occurs in port which can not be quelled by the captain, and the captain can GONSTTLAK REGULATIONS. 137 not navigate Ws ship to the United States with the mutineers on board, the consular officer should, if the laws of the coun- try permit, cause the mutineers to be confined and sent home for trial, unless, in his judgment, the ends of justice will be best subserved by discharging them, in view of unjustifiable cruelty of the captain, or other sufficient cause; and, in the latter case, he will be careful to report to the Department of State at length the reasons for his course. 351. Mutiny defined — In a decision of the Supreme Court of the United States it was held that mutiny consists in the crew of a vessel^ or any one or more of them, endeavoring to overthrow the legitimate authority of the commander with the intent to remove him from his command. This may be by resisting him in the exercise of his authority, or by actual usurpation of the command. Mere insolent conduct toward the master, disobedience of orders, or violence committed on the person of the master, unaccompanied by other acts show- ing an intention to subvert his command as master, is not sufficient to constitute the offense of mutiny. — 1 Wheat., Jfl7; Si Fed. Rep., 5SS. 352. Insubordination to be discouraged It is made the duty of consular officers to discountenance insubordination by every means in their power, and to invoke the assistance of the local authorities when it can be done. But care should be taken not to confound a casual disobedience of orders or insubordination not endangering the authority of the master with the crime of mutiny. For these offenses the master has the power to inflict adequate punishment. If the vessel is bound for the United States, and if the master is obeyed by a sufficient number of the crew to insure the safe navigation of the vessel, he should continue the voyage, if necessary con- fining the mutinous seamen on shipboard. The consular offi- cer should not discharge the seaman unless that course is 138 CONSULAR EEGTJLATIONS. clearly justified by the eireumstances. If the mutiny is of so grave a character as to endanger the safety of the vessel and to call for the punishment of the offenders, he may take from the vessel so many of them, to be sent to the United States for trial, as will relieve the master from reasonable fear. This power should, however, not be exercised for insuf&cient cause, nor in any case in which the evidence is not likely to afford good ground for conviction. When the mutiny has been provoked by intolerable cruelty or other sufficient cause, the consular officer may discharge such of the crew as he may deem necessary. In other cases, however, he should endeavor to so exercise the right to discharge as not to offer an induce- ment to fractious and insubordinate characters to incite dis- turbance or revolt for the purpose of obtaining a release from the ship. A form of certificate and of the consul's decision in cases of insubordination is given in Forms Nos. 40 and 41.— R. 8., sec. JfiOO; 23 Stat. L., 55, sec. 6. (Paragraph 320.) 353. Mutiny in a foreign port. — If a mutiny or grave offense has been committed on an American vessel in a foreign port, or within the jurisdiction of the foreign state, and the circum- stances are deemed to call for the punishment of the offenders, the latter should be delivered to the consular officer to be sent to the United States, unless, in the ease of seamen, he shall decide to discharge them from the vessel. He should request the aid of the local authority, if necessary, and if he is au- thorized to do so by treaty or by the established usage of the place. Forms Nos. 31, 32, 40, and 41 may be used. The con- sular officer is not authorized, however, to exercise this juris- diction, except under the provisions of treaty, or by asage, or through the courtesy of the authorities of the country who from motives of comity or reciprocity may be willing to deliver up the offenders. 354. Investigation by consul. — In order to determine whether he shall detain or require detention, the consul must inquire CONStTLAB REGULATIONS. 139 into, and in some sense judge and decide, the question of ciil- pability. He must, of necessity, inquire in the usual way — that is, by hearing testimony not as a judicial ofl&cer but as consul. As to judgment — that is, deciding whether to detain or not to detain — ^he must have large discretion. He need not detain men upon such suspicion of guilt as would justify an examining magistrate in holding to bail within the United States. There is no judge at hand to supervise the propriety of such detention by writ of habeas corpus or to admit bail on motion. The consul, in order to induce him to detain, may well require stronger probable cause of belief in guilt than an examining magistrate. He may do this in the interest of the party, and he may do it in the interest of the Government, which must defray the expenses of the detention and custody of the party and of his conveyance to the United States. — 8 Op. Att. Gen., 380. 355. Transportation of persons charged with crime When, however, mutiny or other grave offense against the laws of the United States shall have been committed on board an American vessel on the high seas, and without the jurisdic- tion of any state, it is the duty of the consular officer into whose district the vessel may come to take the depositions necessary to establish the facts in the fullest manner possible. If the circumstances demand that the offenders should be sent to the United States for trial, he may apply to the local author- ities for means to secure and detain them while they remain in port; and in all cases where the vessel is not bound for the United States, he is directed to procure at least two of the principal witnesses to be sent along with the prisoners. And he will, at the same time, promptly transmit certified copies of all the depositions, together with a carefully prepared report of all the facts and proceedings that may aid in establishing the guilt of the offenders, to the United States attorney for the district to which the prisoners are sent, and also a like 140 CONSULAR KEGULATIONS. report of the ease to the Department of State. When practi- cable to do so, consuls should send the witnesses to the United states in the same ship with the accused, and in all cases should endeavor to get witnesses to the place of trial as soon as possible after the arrival of the accused. 356. General principles of jurisdiction. — The general principle on which such ofEenses are exempted from the cognizance of foreign tribunals is, as stated by Wheaton, that the pubhc and private vessels of every nation, on the high seas, and out of the territorial limits of any other state, are subject to the jurisdiction of the state to which they belong. This jurisdic- tion, however, is exclusive only so far as respects ofEenses against its own municipal laws. It is accordingly otherwise with piracy and other crimes against the law of nations. It is asserted that a vessel while upon the high seas is to be regarded as a part of the country whose flag she bears, and that therefore all offenses and crimes against the laws of the country are cognizable by its tribunals alone; and that, as the municipal laws of the state provide for the punishment of offenders in its territory, whether foreigners or its own citizens or subjects, so also this cognizance embraces all per- sons, without regard to nationality, who have committed offenses against its laws upon its vessels when on the high seas. Whenever, therefore, jurisdiction over offenses or crimes so committed on American vessels is asserted and exercised, as has sometimes been the case, by the courts of a foreign country, it is the duty of the consular officer to pro- test against any and all proceedings, and to report the facts and circumstances to the Department of State and to the diplomatic representative of the United States, if there be one accredited to the country. — Dana's Wheaton, 106, 107. (Paragraphs 307, 308.) 357. Expenses of detention and transportation. — The expenses incident to the removal of an offender from a vessel and his CONSULAR REGULATIONS. 141 transportation to the United States are usually considerable in amount. In some instances it has been found necessary to employ a keeper for the prisoners; but such an outlay is justified only when the safe-keeping of the accused can not be stipulated for in the contract with the transporting vessel or there are other controlling reasons. Consular officers, therefore, will be careful not to subject the Government to the expense of sending offenders to the United States, and of their imprisonment and trial in this country, unless the offense is of an aggravated character and the evidence is such as to render it probable that a conviction can be obtained. 358. Transportation not obligatory on shipmasters. — While masters of American vessels in foreign ports are subject, on the requisition of the consular oflftcer, to convey distressed seamen to the United States, they are not obliged to take on board seamen or other persons charged with crime, to be brought to the United States for trial.— 7 Op. Att. Oen., 722. No specific instructions can be given as to the amount a con- sular officer may agree to allow a master for transporting a prisoner; but the compensation should be reasonable. ' The amount may be left, by mutual agreement, to the determina- tion of the Department of State, when all the circumstances shall have been presented after the arrival and delivery of the prisoner to the proper authorities. 359. Accounts — All disbursements and expenses incurred by consular officers for the arrest, imprisonment, and trans- portation of persons accused of crime against the United States should be stated in a separate account and transmitted to the Department of State, supported by proper vouchers; and the draft therefor, when there are not sufficient funds in the consulate, should be drawn upon the Secretairy of State. 360. No allowance for legal services — No allowance will be made to consular officers for expenses incurred in procuring 142 CONSULAR REGULATIONS. the defense in any court of law of American seamen or of persons accused of crimes against the laws of the United States, or the laws of foreign countries, without the special permission or sanction of the Department of State. Article XXII. IMMIGRATION AND QUARANTINE. 361. Classes of aliens excluded.— The following classes of aliens are excluded from admission into the United States in accordance with the existing acts of Congress regulating im- migration: 18 Stat. L., 477; 23 Stat. L.,SS2; 26 Stat. L., 1081 (a) Chinese laborers. (See paragraph 368.) (ft) Foreigners and aliens under contract or agreement made previous to their departure from the foreign country to perform labor or service of any kind in the United States, except as specified in section 5 of the act of February 26, 1885, as amended by section 5 of the act of March 3, 1891. (c) All idiots and insane persons. {d) Paupers or persons likely to become a public charge. (e)' Persons suffering from a loathsome or a dangerous contagious disease. (/) Persons who have been convicted of a felony or other infamous crime or misdemeanor involving moral turpitude. This does not apply to persons convicted of a political offense, but does include those whose sentence has been remitted upon condition of emigration. (g) Polygamists. (h) Any person whose ticket or passage is paid for with the money of another or who is assisted by others to come, unless it is affirmatively and satisfactorily shown on special inquiry that such person does not belong to one of the foregoing excluded classes. (i) Women imported for purposes of prostitution. CONSULAB REGULATIONS. 143 362. Manifests. — It is the duty of the master or commanding ofiicer of a steamer or sailing vessel having any alien immi- grants on board [bound for a port of the United States to prepare, for delivery to the pro-per inspector of immigration at the port of arrival, lists or manifests, containing not more than thirty names each, which shall, in auvswer to questions at the top of said lists, state as to each immigrant the full name, age, and sex; whether married or single; the calling or occupation; whether able to read or write; the nationality; the last residence; the seaport for landing in the United States; the final destination, if any, beyond the seaport of landing; whether having a ticket through to such final desti- nation; whether the immigrant has paid his own passage or whether it has been paid by other persons or by any corpora- tion, society, municipality, or government; whether in pos- session of money, and, if so, whether upward of 130, and how much if 130 or less; whether going to join a. relative, and, if so, what relative and his name and address ; whether ever before in the United States, and, if so, when and where; whether ever in prison or almshouse or supported by charity; whether a polygamist; whether under contract, express or implied, to perform labor in the United States; what the immigrant's condition of health mentally and physically is ; whether deformed or crippled, and, if so, from what cause. — 27 Stat. L., 569. 363. To be verified before consul. — Each list or manifest shall be verified by the signature and the oath or affirmation of the master or commanding officer or of the ofiicer first or second below him in command, taken before the United States consul or consular agent at the port of departure, before the sailing of said vessel, to the effect that he has made a per- sonal examination of each and all of the passengers named therein; that he has caused the surgeon of said vessel sailing therewith to make a physical examination of each of 144 CONSIILAE. BEGULATIONS. said passengers; that from his personal inspection and the report of said surgeon he believes that no one of said passengers is an idiot or insane person, or a pauper or likely to become a public charge, or suffering froiiiJ a loathsome or dangerous contagious disease, or a person who has been con- victed of a felony or other infamous crime or misdemeanor involving moral turpitude, or a polygamist, or under a con- tract or agreement (express or implied) to perform labor in the United States; and that, according to the best of his knowledge and belief, the information in said list or manifest concerning each of said passengers named therein is correct and true.— ^7 Siat. L.,569. 364. To be verified by surgeon — The surgeon of said vessel sailing therewith shall also sign each of said lists or mani- fests before the departure of said vessel and make oath or affirmation in like manner before said consul or consular agent, stating his professional experience and qualifications as a physician and surgeon; that he has made a personal examination of each of the passengers named therein; and that said list or manifest, according to the best of his knowl- edge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said passen- gers. If no surgeon sails with any vessel bringing ahen immigrants, the mental and physical examinations and the verifications of the lists or manifests may be made by some competent surgeon employed by the owners of the vessel.— 27 Stat. L.,569. 365. Deportation of paupers and criminals. — If a consular of&cer has reason to think that any person, society, or corporation (municipal or otherwise) in the country in which he resides contemplates shipping paupers or criminals as emigrants to, the United States, he will at once forcibly protest to the local authorities, and will also immediately notify the diplomatic representative of the United States (or the consul-general, as CONSULAR REaULATIONS. 145 the case may be) and tlie Department of State. Such an act is regarded by the United States as a violation of the comity which ought to characterize the intercourse of nations. Should any vessel of the United States, within his jvirisdic- tion, attempt to transport such persons to the United States, he will endeavor to prevent the master from doing so. Should a foreign vessel attempt to do so, he will by earliest mail notify the collector of customs at the port in the United States for which such vessel is bound. 366. Reports. — It is the duty of all consular officers to report to the Department of State all information possible which will prevent the violation of the immigration laws; also to report all violations, by masters of vessels bound to any port of the United States, of the statute regulating the transpor- tation of emigrants. 367. Reports to Treasury Department. — When an emergency arises requiring consular ofl&cers to give prompt information to the Treasury Department to prevent violation of the immi- gration and contract-labor laws of the United States, they are instructed to write or cable (according to the exigency) directly to the Secretary of the Treasury. A report of their action should then be sent to the Department of State. The use of the cable is permitted only when communication by mail would defeat the end to be attained. CHINESE LABORERS.^ 368. Exclusion of Chinese laborers The coming of Chinese laborers to the United States is absolutely prohibited, both by treaty and by statute, except (as to subjects of China) under the conditions specified in Article II of the treaty between ' The provisions of the acts of Congress (R. 8., sees. 3158-3162) relat- ing to the importation of coolies are practically suspended by the act of July 5, 1884. It is not considered necessary, therefore, to give any instructions based upon them. 17824 C R 10 146 CONSTJLAK REGULATIONS. the United States and China concluded August 13, 1894, which permits certain Chinese laborers registered in the United States who, before leaving, obtain a required return certifi- cate from the collector of customs to return within one year. Chinese laborers include both skilled and unskilled manual laborers, including Chinese employed in mining, fishing, huckstering, peddling, laundrymen, or those engaged in tak- ing, drsdng, or otherwise preserving shell or other fish for home consumption or exportation. — IJfi U. S.,424s ^SStai L., 8, sec. 2. 369. Certificates. — Chinese subjects, other than laborers, who may be entitled to come within the United States, and who shall be about to come to the United States, shall obtain the permission of, and be identified as so entitled by, their govern- ment or the government where they last resided, in each case to be evidenced by a certificate issued by such government, which certificate shall be in the English language, and shall show such permission, with the name of the permitted person in his or her proper signature, and which certificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, when and where and how long pursued, and place of residence of the person to whom the certificate i& issued, and that such person is entitled to come within the United States. If the person so applying for a certificate shall be a merchant, said certificate shall, in addition to above requirements, state the nature, character, and estimated value of the business carried on by him prior to and at the time of his application as aforesaid. If the certificate be sought for the purpose of travel for curiosity, it shall also state whether the applicant intends to pass through or travel within the United States, together with his financial standing in the country from which such certificate is desired. A Chinese person not a subject of China must CONSULAR BEGUIiATIONS. 147 Tinder like circumstances obtain a certificate from the govern- ment of which such Chinese person is a subject. — Treaty, Aug. IS, 18H, Art. Ill; 23 Stat. L., 116, sec. 6. 370. Merchant — A merchant, within the meaning of the Chinese exclusion act, is a person engaged in buying and selling merchandise at a fixed place of business, which busi- ness is conducted in his name, and who, during the time he claims to be engaged as a merchant, does not engage in the performance of any manual labor, except such as is neces- sary in the conduct of his business as such merchant. — 28 Stat. L., 8, sec. 2. 371. Certificate to be visaed by consul. — The certificate pro- vided for, and the identity of the person named therein, shall, before such person goes on board any vessel to proceed to the United States, be visaed by the indorsement of the dip- lomatic representative of the United States in a foreign country from which such certificate issues, or of the consular officer of the United States at the port or place from which the person named in the certificate is about to depart; and such diplomatic representative or consular officer whose in- dorsement is so required is hereby empowered, and it shall be his duty, before indorsing such certificate as aforesaid, to examine into the truth of the statements set forth in said cer- tificate, and if he shall find upon examination that said or any of the statements therein contained are untrue, it shall be his duty to refuse to indorse the same. Such certificate, visaed as aforesaid, shall be prima facie evidence of the facts set forth therein, and shall be produced to the collector of customs at the port in the district in the United States at which the person named therein shall arrive, and afterwards produced to the proper authorities of the United States when- ever lawfully demanded, and shall be the sole evidence per- missible on the part of the person so producing the same to establish a right of entry into the United States ; but said 148 CONSXTLAE REGULATIONS. certificate may be controverted and the facts therein stated disproved by the authorities of the United States. This cer- tificate, while it may be controverted by the authorities of the United States, and is to be taken by them only as prima facie evidence, constitutes the only evidence permissible on the part of the person producing the same to establish his right to enter the United States.— ^5 Stat. L., 116, sec. 6; IJfi U. 8., 372. Certificates by Chinese ministers and consuls. — The Treas- ury Department has ruled that the Chinese Government may delegate authority to its diplomatic and consular officers in foreign countries to issue such certificates to Chinese sub- jects, not laborers, desiring to come to the United States from countries other than China. Such certificates so issued will be visaed by consular officers of the United States under the conditions herein provided. 373. Not to visa without conclusive proof. — Consular officers will require conclusive proof of the identity and character of Chinese presenting certificates before visaing the same. They have no authority in any case to issue certificates entitling Chinese persons of any character to land in the United States, and they are forbidden to give any such cer- tificates. A full report of the facts must be promptly sent to the Department of State when a certificate is visaed. The fee for the visa is the same as for visaing a passport of a citizen of the United States, and is official. 374. Includes persons of Chinese race. — The Chinese exclusion acts apply to all subjects of China and to all Chinese, whether subjects of China or of any other foreign power, except dip- lomatic and other officers of the Chinese or other govern- ments traveling upon the business of their governments.— 23 Stat. L., 118, sec. 15. CONSULAR REGULATIONS. 149 QUARANTINE REGULATIONS. 375. Certain powers and duties are given consular officers by the quarantine act of February 15, 1893, which provides, among other things,, as follows : (a) Bill of health to be obtained from consul. — Any vessel at any foreign port clearing for any port or place in the JJnited States shall be required to obtain from the consul, vice-consul, or other consular officer of the United States at the port of departure, or from the medical officer where such officer has been detailed by the President for that purpose, a bill of health, in duplicate, in the form prescribed by the Secretary of the Treasury, setting forth the sanitary history and condition of said vessel, and that it has in all respects complied with the rules and regulations in such cases pre- scribed for securing the best sanitary condition of the said vessel, its cargo, passengers, and crew. (b) Contents. — Said consular or medical officer is required, before granting such duplicate bill of health, to be satisfied that the matters and things therein stated are true. (c) Fees of consul. — For his services in that behalf he shall be entitled to demand and receive such fees as shall by law- ful regulation be allowed, to be accounted for as is required in other cases. (d) Medical officer may be detailed at consulate. — The Presi- dent, in his discretion, is authorized to detail any medical officer of the Government to serve in the office of the consul at any foreign port for the purpose of furnishing information and making the inspection and giving the bills of health hereinbefore mentioned. (e) Penalty for vessel clearing without bill of health. — Any vessel clearing and sailing from any such port without such bill of health, and entering any port of the United Sta,tes, 150 CONSULAR KEGTJLATIONS. shall forfeit to the United States not more than 15,000, the amount to be determined by the court, which shall be a lien on the same, to be recovered by proceedings in the proper district court of the United States. (f ) Proceedings. — In all such proceedings the United States district attorney for such district shall appear on behalf of the United States; and all such proceedings shall be con- ducted in accordance with the rules and laws goVeiftilg>fease8 of seizure of vessels for violation of the revenue laws of the United States."— ^7 Stat.L., 1,50, sec. 2. (g) To he posted in consulate. — None of the penalties herein imposed shall attach to any vessel or owner or of&cer thereof until a copy of this act, with the rules and regulations made in pursuance thereof, has been posted up in the office of the consul or other consular office of the United States for ten days in the port from which said vessel sailed, and the certificate of such consul or consular ofllcer over his official signature shall be competent evidence of such posting in any court of the United States.— ^7 Stat. L., 4^0, sec. S. (h) Sanitary reports to he made hy consuls. — The consular officer of the United States at such ports and places as shall be designated by the Secretary of the Treasury shall make to the Secretary of the Treasury weekly reports of the sani- tary condition of the ports and places at which they are re- spectively stationed, according to such forms as the Secretary of the Treasury shall prescribe. ^-^7 Stat. L., 4^1, sec. i. (i) Rules for vessels from foreign ports. — The same act also provides that the Secretary of the Treasury shall make such rules and regulations as are necessary to be observed by ' Section 3 of the act of February 15, 1893, does not apply to vessels plying between foreign ports on or near the frontiers of the United States and ports of the United States adjacent thereto; but the Secretary of the Treasury is authorized, in his discretion, to establish regulations governing such vessels. (38 Stat. L., 373.) CONSULAR REGULATIONS. 151 vessels at the port of departure and on the voyage, where such vessels sail from any foreign port or place to any port or place in the United States, to secure the best sanitary condition of such vessel, her cargo, passengers, and crew, which shall be published and communicated to and enforced by the consular officers of the United States.— ^7 Stat. L., 1^1, sec. 3. 376. Treasury regulations adopted. — In pursuance of the au- thority conferred by the foregoing law the Secretary of the Treasury has made regulations for the guidance of the oflicers charged with the execution of the law in foreign ports and in those of the United States. This body of rules has been published in a pamphlet entitled "Quarantine laws and reg- ulations of the United States, April 26, 1894." These Treas- ury regulations, as they stand and as they may from time to time be revised or amended, are, so far as they impose duties on consular ofl3.cers, hereby made a part of the Consular Reg- ulations. 377. Expense of execution — The expense of visiting vessels, making inspections, and any other necessary expense actually incurred by consular of&cers in the execution of the quaran- tine laws and regulations must be paid by the ship or by the person for whom the services are performed. The ex- pense of visiting, the fees for inspection, the hire of an expert where necessary to make an inspection and report, are legiti- mate charges under this head. These charges must be limited to the actual and necessary expenses so incurred. The consul is not authorized to make any profit whatever out of these ofBcial services. His time and labor are paid for by the Government, and the services are purely official. 378. Official fees — The official fees prescribed in the tariff (paragraph 533) for the formal services of certification must be collected in addition to the expenses, and must be accounted for to the Treasury. 379. Outbreak of disease reported by cable. — In the event of the 152 CONSULAR REGULATIONS. outbreak of Asiatic cholera, yellow fever, or other contagious disease in epidemic form, the Department of State must immediately be advised by cable or telegraph of such outbreak. The following cipher and abbreviations should be used: "Cholera" — meaning, cholera has appeared. "Yellow" — meaning, yellow fever has appeared. The name of a country, meaning that the disease has made its appearance at several places in the country named. The name of a vessel, meaning that the vessel named has departed from the place whence the telegram is sent, bound for a port in the United States. "Poison," meaning that the vessel referred to, though leaving a then healthy port, has on board passengers or goods (baggage) coming from a district infected with cholera or yellow fever. When cholera or yellow fever has appeared at several places in a country, name the country only, after the word "cholera" or "yellow," as the case may be; if it has ap- peared at the place only from which the telegram is sent, do not repeat the name of that place in the body of the dispatch, but if at any other particular place, name it. In a telegram announcing the departure of a vessel to a port in the United States, the port of departure will be under- stood to be the place from which the telegram is sent; hence the name of the port of departure need not be repeated. In the body of a telegram the name of the vessel should be given first; second, the name of the country, when applicable; third, the day of departure, omitting the day of the month and of the year, as they will be understood without saying; third, the name of the port of destination (the importance of observing this order will appear obvious when it is under- stood that many vessels bear the names of ports in the United States); fourth, the name of the disease, "cholera" or "yellow," as the case may be, should be given, provided the OONSTJLAK EEGULATIONS. 153 Department has not been already advised of the outbreak of the disease. When advice has once been given of the appear- ance of cholera or yellow fever at a certain port, the name of the disease need not be repeated in telegrams announcing the subsequent departure of vessels from that port. "When the name of a vessel is given without stating whether it is a steamer or sailing vessel, it will be understood to be a steamer; if the vessel is a sailing vessel, its proper designa- tion should be prefixed. The sender of the telegram should sign his last name only. 380. Forms — The forms prescribed by the Secretary of the Treasury for use by consular ofl&cers in executing the quar- antine regulations may be obtained by application to the Department of State as for other forms. Records. — Copies of all bills of health and supplemental bills of health must be kept at the consulate as a record. EEGXJLATIONS TOUCHING THE IMPORTATION OF NEAT CATTLE AND HIDES. 381. Issued by Treasury Department — The Treasury regula- tions made, or which may hereafter be made, in pursuance of section 17 of the act of August 28, 1894, to prevent the introduction or spread of contagious or infectious diseases among the cattle of the United States, are to be regarded as a part of the Consular Regulations in so far as they impose duties on consular officers. — 28 Stat. L., 550. 382. Issued by Agricultural Department The regulations issued, or which may be issued, by the Department of Agri- culture under the authority of the act of August 30, 1890, concerning the importation of neat cattle, sheep, and other ruminants and all swine (sections 7, 8, 9, and 10) are likewise made a part of the Consular Regulations to the extent that they require the cooperation of the consular of&cers. — 26 Stat. L., 416. 154 CONSULAE REGULATIONS. 383. Animals subject to quaiantine regulations also. — The cattle and other animals to which these regulations of the Treasury Department and the Department of Agriculture apply may also be subject, as importations liable to bring disease inju- rious to human life, to the operation of the quarantine laws and regulations. 384. Expense, how defrayed — The expense of executing these regulations is to be borne by the vessels on which the animals are exported. — 26 Stat. L. , ^17. Article XXIII. PERSONAL EFFECTS OF CITIZENS DYING WITHOUT THE UNITED STATES. 385. Duties of consul by statute It is made the duty of a con- sular officer, where the laws of the country permit — First. To take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any vessel, who shall die within their consulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects. (Paragraphs 390-393.) Second. To inventory the same with the assistance of two merchants of the United States, or, for want of them, of any others at their choice. (Paragraphs 394r-396.) Third. To collect the debts due the deceased in the country where he died and pay the debts due from his estate which he shall have there contracted. (Paragraphs 398, 399.) Fourth. To sell at auction, after reasonable public notice, such part of the estate as shall be of a perishable nature, and such further part, if any, as shall be necessary for the pay- ment of his debts, and, at the expiration of one year from his decease, the residue. (Paragraphs 397-400. ) Fifth. To transmit the balance of the estate to the Treasury OONSXJLAB BEGULATIONS. 155 of the United States, to be holden in trust for the legal claim- ant; except that if at any time before such transmission the legal representative of the deceased shall appear and demand his effects in their hands they shall deliver them up, being paid their fees, and shall cease their proceedings. — R. S., sec. 1709. (Paragraph 401.) 386. Deaths to be published and reported. — For the informa- tion of the representative of the deceased, the consul or vice- consul, in the settlement of his estate, shall immediately notify his death in one of the gazettes published in the con- sular district, and also to the Secretary of State, that the same may be notified in the State to which the deceased belonged ; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the effects of the deceased taken as before directed. — E. S., sec. 1710. 387. Where there is a will. — When any citizen of the United States dying abroad leaves, by any lawful testamentary dis- position, special directions for the custody and management, by the consular of&cer of the port or place where he dies, of the personal property of which he dies possessed in such country, such of&cer shall, so far as the laws of the country permit, strictly observe such directions. "When any such citizen so dying appoints, by any lawful testamentary dispo- sition, any other person than such officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so appointed, to give his official aid in whatever waymay be necessary to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country permit, to pro- tect the property of the deceased from any interference of the local authorities of the country where such citizen dies; and to this end it shall be the duty of such consular officer to place his official seal upon all of the personal property or 156 CONSULAR REGULATIONS. effects of tlie deceased, and to break and remove such seal as may be required by such person, and not otherwise. — R. S., sec. 1711. (Paragraph 407.) 388. Consul's duty auxiliary.^-The administration of the personal effects of the deceased takes place at his domicile; the function of the consul, when he is called upon to act, is aiixiliaryto that of the domiciliary administrator; and his authority relates only to the property and debts in the for- eign country where the decedent died. — 7 Op. Att. Gen., 274. 389. In absence of treaty consul to act, unless local authorities object. — The authority of consuls with respect to the effects of deceased citizens can be exercised, however, only so far as is permitted by the authorities of the country, or is accorded by established usage, or is provided for by treaty or the laws of the country. The United States have treaties with some countries providing for the exercise by consular officers of the authority conferred by the foregoing statutes. (Para- graphs 410-416.) "When there is no treaty, the consular offi- cer, in the absence of a known unwillingness on the part of the local authorities, should act as far as he may be permitted; but he should avoid the appearance of opposing or disregard- ing actual local requirements. 390. Authority extends to personal property alone The author- ity of the consular officer extends, under the statutes, to personal property alone — 7 Op. Att. Gen. , 270-272. In the absence of special provision by treaty the devolution and transfer of real property are governed by the law of the place where the property is situated as administered by the local officials. For jurisdiction in matter of real estate In non-Christian countries, see Article XXX. 391. Efifects of seamen covered by other regulations. — The per- sonal effects of a seaman belonging to an American vessel who dies without the United States are administered under other provisions of law. (Paragraphs 255-258. ) CONSULAK EEGULATIONS, 157 392. Effects of citizen dying on high seas. — When a citizen of the United States, not a seaman, dies on the high seas, whether on board an American or foreign vessel, and the effects of the deceased are brought within a consular district, it is the duty of the consular officer, when practicable, to take charge of them. He should promptly report the circum- stances of the case to the Department of State, informing it at the same time of the kind and amount of effects or money left by the deceased, and of his residence and the names of his relatives, if these can be obtained. The members of his family or near relatives who are with him while traveling may be allowed to take possession of the effects. 393. Where there is a legal representative or partner in trade.— If the decedent has left in the consular district a legal rep- resentative, partner in trade, or trustee by him appointed to take care of his effects, the intervention of the consular offi- cer is required only to the extent of giving his official aid to facilitate the proceedings of such person, as is directed in paragraph 409. 394. Inventory and appraisement The inventory required on taking possession of the property should be made with great care and with the assistance of two merchants or other proper persons, who shall also act jointly with the consular officer as appraisers of the articles placed in the inventory, giving the estimated value of each. 395. Inventory includes what — The inventory should cover all the personal effects of the decedent that have come into the consul's hands, including account books, personal letters, evidences of debt not due and payable in the country of his decease, letters of credit, and other things which may or may not be assets in the consular officer's hands for the payment of debts. Nothing, on the other hand, should be included in the inventory which is not in the consular officer's posses- sion. The commercial books of the deceased are to be placed 158 OONSULAE REGULATIONS. in the inventory and particularly described, the number of pages each of the said books contains being mentioned; and the consular officer will place a certificate, signed by himself, at the beginning and the end of each book, in such a manner as to prevent any addition being made to them. The letter books of the deceased are comprehended in the term commercial books. 396. Inventory to be signed and recorded. — When completed, the inventory should be signed by all the persons who united in making it and authenticated by the consular seal. It should then be recorded and a copy should be sent to the Department of State. 397. Sale of perishable property. — As soon as the inventory is completed steps should be taken to sell perishable property, if any, at auction after reasonable public notice. Such notice should be given in at least one of the newspapers of the place, if any be printed there, both in English and in the language of the country; and, when practicable, the same notice should be given that is directed by the laws of the country for the judicial sale of property in execution. 398. What debts may be collected. — In collecting debts due the decedent the consular officer may collect those due out- side his consular district, but he may not go beyond the limits of the country in which the decedent died.— i2. S , sec. 1709. 399. What funds applied to debts. — The decedent's debts should be paid out of the cash resources of the estate in the consular officer's hands, viz, the money among the effects, the proceeds of the sale of perishable property, and the money paid by the decedent's debtors. If these funds are insuffi- cient, the consular officer may sell at auction, after proper advertisement, as much of the remaining personal property as may be required to meet the demands, taking care to sell first the articles which are most marketable and at the same CONStJLAB EEGtJLATIONS. 159 time least likely to be desired by the family of the deceased for preservation. A claim for damages for a wrongful act of the decedent is not a debt which the consul may pay, unless it has been reduced to judgment. — 18 Pick., 86. 400. Articles having sentimental value Jewelry and other articles having a sentimental value to relatives as keepsakes should be sold only in ease of necessity, and, when practi- cable, the members of the decedent's family or his relatives should be notified, in order that they may purchase these ar- ticles if they desire. Evidences of debt not due and payable in the country where the decedent died and letters of credit are not assets, and they should not be sold. 401. After one year residue of estate paid into Treasury. — In one year after the death of the decedent, the consular officer is required to convert into money the residue of the estate left after paying the local debts and transmit the same to the Treasury of the United States, to be held in trust for the legal representatives. The articles mentioned in the pre- ceding paragraph and remaining unsold should be sent to the Treasury along with the unused assets, to be delivered to the legal representative of the deceased. 402. Delivery to legal representative. — If at any time before transmission to the Treasury the legal representative of the deceased demands the effects in the hands of the consular officer, the latter shall deliver them up, the prescribed fees being paid, and shall cease his ijroceedings. The consular officer is required to be at all times ready to deliver the effects and papers of a deceased citizen of the United States to the person who presents legal authority to receive them as representative of the deceased owner. 403. When right of legal representative is doubtfuL — In case of doubt about the legal validity of a claimant's right to the effects of a deceased citizen, the consular ofiftcer may require him to prove his claim in the local courts; and rival claims to 160 CONSITLAK REGULATIONS. represent tlie deceased, if involving doubtful questions, may be relegated to the courts for settlement. 404. Account of receipts and expenditures — The consular offi- cer is required to enter on his consular books a regular ac- count between himself and the estate of the deceased, in which he shall enter to his own debit all the moneys and effects that come into his hands, and to his credit all the payments he may make, and, finally, the remainder that he may deliver over to the legal representative or remit to the Treasury so as to close the account. A copy of this account shall be delivered to the representative of the deceased, and another shall be transmitted to the Auditor for the State and other Departments. 406. Final settlement and account — As soon as an estate shall be finally settled as far as the consular ofiicer is concerned, he shall give notice thereof to the Department of State, transmit- ting at the same time an itemized statement of the receipts and expenditures on account of the estate, and showing the amount in money or the effects which have been delivered to the representative of the deceased or sent to the Auditor for the State and other Departments, as the case may be. 406. Retiring consul to close account of effects When one con- sul retires from office and is succeeded by another, the effects of deceased citizens which have been in the consul's hands more than one year and which ought to have been remitted to the Treasury should be remitted and accounted for by the out- going officer, and not turned over to his successor. (Para- graph 68.) 407. Intervention where a will. — In the case where, by a tes- tamentary disposition of the deceased, some person other than the consular officer is appointed to take charge of and manage the property, the latter has a right to require, before interven- ing officially, that the will should be probated so as to give it legal effect. If the decedent leaves a will intended to operate CONSULAR EEGULATIONS. 161 in' the United States, it is the right of the consular offtcer and his duty, in the absence of adult heirs on the spot, to see to the safe-keeping of the will and its transmission to the parties entitled. (Paragraph 387.) 408. Not authorized to employ counsel. — Consular officers are not authorized to employ counsel, either at the expense of the Government or of the estate, in the collection and disposition of the effects of citizens of the United States. 409. Consul piovisioual conservator of property. — A consular officer is by the law of nations and by statute the provisional conservator of the property within his district belonging to his countrymen deceased therein. He has no right, as a con- sular officer, apart from the provisions of treaty, local law, or usage, to administer on the estate, or in that character to aid any other person in so administering it,' without judicial authorization. His duties are restricted to guarding and col- lecting the effects, and to transmitting them to the United States, or to aid others in so guarding, collecting, and trans- mitting them, to be disposed of pursuant to the law of the decedent's State. — 7 Op. Att. Gen., 274. It is, however, gen- erally conceded that a consular officer may intervene by way of observing the proceedings, and that he may be present on the making of the inventory. consul's powers under treaties. 410. By treaties with Austria-Hungary, Belgium, Germany', Italy, the Netherlands (including the colonies), Roumania, and Servia, it is made the duty of the local authorities to advise the consular officer of the death of a citizen of the United States in order that the necessary information may immediately be given to the parties interested. In Germany, Roumania, and Servia the consular officer may also appear in person or by delegate in all proceedings in behalf of the absent or minor heirs or creditors until they are duly represented. 17824 C R 11 162 CONSULAR REGULATIONS. 411. Argentine Republic and Colombia Consular ofBcersin the Argentine Republic may, when any citizen of the United States dies within their respective jurisdictions, inter- vene in the possession, administration, and judicial liquida- tion of his estate, conformably with the laws of the country. The proceedings in such case must be in the ordinary courts of the country, unless waived by the local authorities. In Colombia a consular ofi&cer has the right to take possession of the effects of a deceased citizen, and to make inventories and appoint appraisers. ^In his proceedings he is required to act in conjunction with two merchants, chosen by himself, and in accordance with the laws of the United States and with the instructions he may receive from his own Government. 412. Costa Eica, Honduras, Nicaragua, and Paraguay. — By trea- ties with Costa Rica, Honduras, and Nicaragua, a consular offi- cer is authorized to nominate a curator to take charge of the property of the deceased, so far as the laws of the country will permit, for the benefit of the lawful heirs and creditors, giving proper notice of the nomination to the authorities of the country. In Paraguay he may designate an executor or administrator, and may take charge of the decedent's prop- erty until this is done. 413. Morocco, Maskat, Persia, Tripoli, and Tunis In Morocco a consular ofBcer may take possession of the effects, in the absence of a will, until the legal representative appears. If the heir is present, the property is to be delivered to him; and if a will appear, the property is to descend by it as soon as the consular ofBcer shall have declared its validity. In Maskat the consular officer may receive the property and send it to the heirs, after the payment of all debts due to subjects of the Sultan. By treaty with Persia the effects are to be delivered to the family or partners; but if there be no relatives or partners, then to the consular officer, to be dis- posed of according to the laws of the United States. By CONSTJLAK KEGULATIONS. 163 treaty with Tripoli the property of a decedent is to be placed under the immediate direction of the consular offtcer, without interference from the Government or the subjects of the country. In Tunis the consular oflftcer has the right to the possession of the effects without interference by the local government. 414. Peru. — By treaty with Peru, in the absence of the legal heirs or representatives, a consular officer is made ex officio the executor or administrator of the property of citizens of the United States dying within his district and that of his countrymen who die at sea which may be brought to his dis- trict. He is required to make an inventory of the property conjointly with a local jiidicial ofBcer; but the effects are to remain in his hands, with authority to sell the perishable part and to dispose of the remainder according to the instructions of his Government. If the deceased was engaged in business, the property is to be held for twelve calendar months, during which time creditors may present their claims. All questions between the consular officer and creditors are to be deter- mined by the local laws; but if no claim is presented, the consular ofllcer may close the estate and dispose of the effects and property according to the instructions of his Government. 415. Salvador — In Salvador a consular of&cer has the right to nominate curators to take charge of the property, so far as the laws of the country will permit, for the benefit of heirs and creditors, giving proper notice of such nomina- tion to the authorities of the country. He has the right to take possession of the personal and real estate. He is re- quired to make an inventory conjointly with two merchants, and to publish the death in a newspaper of the country. It is his duty to collect all debts due the deceased in the country and to pay the debts due from him. He may sell the per- ishable part of the property" and such other part as may be necessary to pay the debts; but he is prohibited from paying 164 CONSULAK REGULATIONS. any claim, not reduced to a judgment, for damages for any wrongful act of the deceased. When there is no consular officer present, the local authorities are to receive the prop- erty and notify the nearest consular officer of the United States. 416. In non-Christian countries. — In China, Japan, Madagas- car, Siam, Turkey, and other non-Christian countries the property of decedents, both personal and real, is administered under the probate jurisdiction of the consular courts in those countries, without interference in any respect by the local governments. Article XXIV. MISCELLANEOUS INSTRUCTIONS. MARRIAGES. 417. Consuls not to celebrate. — A consular officer of the United States has no power to celebrate marriages in a Christian country between citizens of the United States unless specific- ally authorized by the laws of the country to do so. In non- Christian countries his authority to perform this rite is not stifficiently well established and defined in the jurisprudence of the United States to justify action upon it. It is deemed safer to forbid consular officers, and they are hereby forbid- den, to solemnize marriages in any case. — 7 Op. Att. Gen., 2S, SO, SI, S4£, S46; 1 HaUeck, Ch. XI, sec. Uj 1 Bishop, Mar- riage cmd Divorce, 298. 418. May act as witnesses — A consular officer may, when requested, be an official witness of the ceremony of marriage where one of the contracting parties is a citizen of the United States. In all cases of marriage in the presence of a consular officer he shall give to each of the parties a certiiicate of such marriage, and shall also send forthwith a certificate thereof to the Department of State. OONSTJLAB REGULATIONS. 165 419. Certificate. — This certificate must be under the official seal of the consulate, and must give the names of the parties, their ages, places of birth and residence, the date and place of the marriage, and must certify that the marriage took place in the presence of the consular officer giving the certificate. (Form 'So. 87.) 420. Effect of marriage in presence of consul. — It is provided by statute that "Marriages in presence of any consular officer of the United States in a foreign country, between persons who would be authorized to marry if residing in the District of Columbia, shall be valid to all intents and purposes, and shall have the same effect as if solemnized within the United States. " — R. S. sec. ^082. The statute does not exclude modes of solemnization other than that in presence of a consular oflBcer. Marriages abroad, when not in the presence of a con- sular officer, if otherwise valid, are not invalidated by the above statute. The statute does not authorize the consular officer to perform the ceremony, but simply prescribes the legal effect which will be given to a marriage performed in his pres- ence. In view of the exclusive authority of the States in such matters, this statute would probably not be operative outside of the District of Columbia and the Territories. 421. General principles as to solemnization. — It is a principle of international law that the law of the place of solemnization shall, whenever this is practicable, determine the mode of solemnization. When consuls are requested to act as official witnesses of marriages, they should see that the requirements of the law of the place of celebration have been, as far as practicable, complied with. It is not intended, however, in these instructions in any way to question or modify the prin- ciple of international law that, while the form of solemnizing marriage is determined ordinarily by the law of the place of solemnization, exceptions are recognized, (1) when it is im- possible to use such form, (2) when it is repugnant to the 166 CONSULAR REGULATIONS. religious convictions of the parties, (3) when it is not imposed on foreigners by the sovereign prescribing H, (4) when the ceremony is performed in a non-Christian or semicivilized country. — 7 Op. Att. Gen., 18. 422. ITot to certify as to laws of marriage in United States. — Con- sular offtcers are not competent to certify officially as to the status and ability to marry of persons domiciled in the United States and proposing to be married abroad ; nor as to the laws of the United States, or of the States or Territories, touching capacity for marriage or the solemnization thereof. The power to make a certificate as to the legal requisites in the United States for a valid marriage abroad is not conferred on consular officers by the laws of the United States nor by inter- national law, and they have no official powers which are not derived from any of these sources. Whatever private knowl- edge a consular officer may have respecting the laws of mar- riage, he is not authorized to certify the same officially. EXTRADITION OP FUGITIVES FROM JUSTICE. 423. Beqnisitiontf for extradition. — The United States have treaties with most foreign powers providing, within specified limitations, for the extradition of fugitives from justice upon the demand of the state from which the fugitive has fled. The demand, or requisition, for extradition is usually pre- sented by the diplomatic representative of the demanding government, where there is such a representative in the coun- try of refuge. In the absence of a diplomatic representative, it is provided by some of the treaties that the requisition may be presented by "consular officers," "supei'ior consular offi- cers," or "the superior consular officer." (Paragraph 92.) 424. Act only upon instructions of Department When a con- sular officer is required to make requisition for the extradition of a fugitive from justice, full instructions adapted to the particular case will be given him. In the absence of instruc- CONSULAR EEGULATIONS. 167 tions from the Department of State, a consular officer is not authorized to intervene in extradition matters, nor to ask for the arrest and detention of a fugitive. 425. Authenticating foreign extradition papers. — The act of August 3, 1882, prescribes the manner in which documentary evidence offered by foreign governments in support of requisi- tions for the extradition of criminals from the United States shall be authenticated. The language of the statute is as follows: That in all cases where any depositions, warrants, or other papers, or copies thereof, shall be ofEered in evidence upon the hearing of any extra- dition case under title sixty-six of the Revised Statutes of the United States, such depositions, warrants, and other papers, or the copies thereof, shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and legally authenti- cated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any deposition, warrant, or other paper, or copies thereof, so offered, are authenticated in the manner required by this act. — Z2 Stat. L. , S16 sec. 5; 22 Fed. Rep. , 699; 30 Id., 57; 33 Id., 165; Uld., 4^2; 136 TJ. S., 330. The greatest care should be exercised in making the authen- tication provided for in the act above quoted. The form of such certificate (Form No. 36) has been tested by actual use and found to be legally sufficient. TAXES AND DUTIES. 426. Taxes. — Unless exempt by treaty, consular officers are subject to local taxation in the country and city in which they reside. (Paragraph 83. ) As a matter of courtesy or comity they are often excused from personal tax and more rarely from the payment of customs duty on their personal effects. 168 CONSULAR BEGULITIONS. 427. Reports-^Consuls 'will inform the Department of State whether, in the countries in which they respectively reside, they are required to pay taxes of any description, and, if so, the rate and amount of such taxes. If in any country or city they are exempted from taxation, through courtesy, by law, or local regulation, they will communicate the fact, with a copy of the law or regulation, if such exist. They should also report whether any distinction in respect of taxation is made between consuls who are permitted to engage in trade and those who are prohibited from so doing. 428. Duties on official importations. — Consuls should inform the Department of State, whether they are required to pay customs duties or other public charges upon supplies of stationery, flags, furniture, and other articles sent to them for ofiBicial use. It is customary for this Government to admit free of customs duties and charges at its custom-houses all articles for the official use of the consular officers of foreign states when similar privileges are granted to its officers. If these privileges are refused in any instance, the refusal should be reported to the Department of State for such proceedings as may be deemed proper; or, in the case of consular oflEicers of the United States in Mexico, to the United States minister in that country, who, on being satisfied that the foregoing articles are detained at the customs office, will at once apply to the Mexican authorities for their free entry. REQUISITIONS FOR SUPPLIES. 429. A form of requisition for office supplies is given in the appendix (Form No. 100), also a schedule of the articles usu- ally furnished by the Department of State. The requisitions should describe the articles called for by schedule number, as well as by name, and the quantities desired are to be stated in figures, as per schedule, and in the order indicated therein. If less than an original package is required, the quantity should be stated in fractions thereof. The requisition should CONSULAK REGULATIONS. 16!> be carefully drawn, with due regard to economy, and should cover as far as possible a supply for a year or half year. Blank passport and other forms, record books, seals, coats of arms, and other articles not mentioned on the schedule should be added at the end of the requisition, or, if necessary, on a separate sheet accompanying the same. No dispatch is necessary in transmitting these requisitions to the Department, and they should not be given a serial number. INVOICES OF SUPPLIES. 430. Supplies sent to consulates for ofiieial use are accom- panied by an invoice, under the seal of the Department of State, showing that the articles named therein are the prop- erty of the United States and are intended for the consul's use in conducting the public business of his of&ce. This in- voice may be used in obtaining free entry of the supplies. Upon receipt of the supplies the consul is required to sign the acknowledgment on the back and return the invoice so indorsed to the Department. ANNUAL FURNITURE SCHEDULES. 431. At the end of each fiscal year every consular officer shall transmit to the Department of State a schedule to be known as the "Annual furniture schedule," which shall con- tain item by item the furniture and office equipment of said office, together with a statement as to each item or group of items, showing the number, the date of purchase, cost, name of person or firm from whom purchased, and a description thereof sufficient to enable the same to be easily identified. The schedule shall especially include the following articles: Carpets, rugs, curtains, window shades, mats, awnings, hang- ings, mattings or other floor coverings, framed pictures, un- framed pictures, framed charts, unf ramed charts, busts, stat- ues, tables, desks, bookcases, bookshelves, cabinets, clocks, 170 CONSULAK REGULATIONS. washstands, screens, towel racks, cuspidors, swivel chairs, armcliairs, chairs, stools, lamps, gas or electric fixtures, tele- phones, sofas, lounges, divans, settees, benches, typewriters, toilet articles, pitchers, bowls, basins, towels, consular or lega- tion presses, seals, letter-presses, rubber or other stamps, atlases, gazetteers, directories (with date), dictionaries, ency- clopedias, other bound books, unbound books; inkstands, mucilage pots, blotting-paper holders, sponge holders, pen- racks, penholders, paper cutters, scissors, erasers, and other desk fixtures; flags, flag poles, flag ropes, and flag holders; consiilar arms and consular signs. The separate pieces of a suit of furniture when purchased as a suit need not be severally described, but the number of pieces and a general description, as "Oak, covered with green leather," will sufl&ce. All other items must be sepa- rately set forth. 432. Supplementary Echedule. — From time to time as new purchases are allowed and made, a supplementary schedule covering same shall be transmitted to the Department of State, to be annexed to the "Annual furniture schedule." These shall follow the same plan as to number, date of purchase, price, vendor, and description. The "Annual furniture schedule" and all other furniture schedules shall be signed and certified as correct by the per- son making the same; and when made up by other than the official in charge of the office, the signature of the person making the schedule shall be attested by such official and be by him transmitted to the Department of State to be filed witt the schedules hereinbefore referred to. (Paragraphs 64-66.) 433. Department's schedule. — The Department of State will make up from the records thus received a new schedule in the same form, to be delivered with his commission to each new official appointed to take charge of a consular office, setting forth all furniture and equipment shown by said schedules to OONSULAE KEGULATIONS. 171 be attlie consulate of which he is given charge; and such new appointee will be expressly required on arrival at his post to cause an immediate examination to be made, and to report at once to the Department whether all articles contained in the schedule delivered to him have been found, and whether the same are found to be in a condition materially varying from that described in his schedule, with such explanation as to any discrepancy therein which the person found in charge may desire to be transmitted. A retiring consul will not be given a certificate of non- indebtedness to the Government until the above provisions have been fully complied with. RECOMMENDATIONS FOR OFFICE. 434. Consular officers are forbidden to recommend any per- son for ofl&ce under the Government of the United States, except for the subordinate positions in their several consu- lates. They are prohibited by statute, without the consent of the Secretary of State previously obtained, from recommend- ing any person, at home or abroad, for any employment of trust or profit under the government of the country in which they are located.— i?. S., sec. 1751; 18 Stat, i., 77. PUBLIC SPEECHES. 435. Consular officers are not allowed to allude in public speeches to any matters in dispute between the United States and any other government, nor to any matters pending in the consulate. It is a still better rule to avoid public speeches when it can be done without exciting feeling in the com- munity in which the officer resides. They will be particularly careful to refrain from unfavorable comment or criticism upon the institutions or acts of the government to which they are accredited; and it is deemed unadvisable for them to make 172 CONSULAK BEGULATIONS. any address abroad which is likely to be published in any other country than that where they officially reside. CORRESPONDENCE WITH THE PRESS. 436. The statute prohibits a consular officer from corre- sponding in regard to the public affairs of any foreign gov- ernment with any private person, newspaper, or other peri- odical, or otherwise than with the proper officers of the United States.— i2. S., sec. 1751; 18 Stat. L., 77. This prohibition does not extend to literary articles or subjects not connected with politics; but communications to newspapers and their representatives relative to epidemic diseases abroad are for- bidden. RELATIONS WITH GOVERNMENT OFFICIALS. 437. Official correspondence, etc. — Consular officers ordinarily have no diplomatic position, and must not assume such unless specially instructed by the Department of State, or unless they are regularly presented in that capacity by a diplomatic repre- sentative of the United States on his leaving his post. They therefore can not ordinarily correspond directly with the government of the country in which they reside. 438. In absence of diplomatic representative, — In the absence, however, of a diplomatic representative, cases may arise in which a consul may be required to correspond directly with the government. All such correspondence, as well as all correspondence with the local authorities and with their col- leagues, should be conducted in a courteous and dignified manner. 439. Social relations — Consular officers will endeavor to culti- vate friendly social relations with the community in which they reside, and vrill refrain from expressing harsh or disagreeable opinions upon the local, political, or other questions which CONSULAR REGULATIONS. 173 divide the community within their jurisdiction. They are for- bidden to participate in any manner in the political concerns of the country. In their dispatches upon such subjects they will confine theraselves to the communication of important or interesting public events as they occur, avoiding all unnec- essary reflections upon the character or conduct of individ- uals or governments ; and they will not give publicity, through the press or otherwise, to opinions injurious to the public institutions of the country or the persons concerned in their administration. It is at the same time no less their duty to report freely and seasonably to their own Govern- ment all important facts which may come to their knowledge touching the political condition of the country, especially if their communications can be made to subserve or may affect the interests and well-being of their own country. PRECEDENCE OF CONSULAR OFFICERS. 440. Relative rank. — The order of official precedence in the service is as follows: (1) Consuls-general; (2) consuls; (3)^ commercial agents ; (4) vice-consular officers ; (5) deputy con- sular officers; (6) consular clerks; (7) consular agents. 441. Relative rank with Navy and Army officers. — Consuls- general rank with commodores in the Navy or brigadier- generals in the Army. Consuls and commercial agents rank with captains in the Kavy or colonels in the Army. Vice-consular ofllcers, deputy consular oflBlcers, consular clerks, and consular agents rank with lieutenants in the Navy or captains in the Army. — 1 Hallech, ch. xi, sec. 7, cl. 2. For offtcial etiquette when United States naval vessels visit the port, and for the relations between consular and naval officers, see paragraphs 109, 112. 442. Rank by seniority in same grade. — Consular officers of the United Srates are entitled to enjoy the rank and precedence 174 CONSULAR EEGULATIONS. above stated. This precedence will be determined, among ofi&cers of tbe same rank, by the date of commission. For their relative rank among their colleagues representing other countries at the same place, see paragraph 76. FOREIGN INVENTIONS SUBMITTED FOR EXAMINATION OF UNITED STATES GOVERNMENT. 443. Persons in foreign countries desiring to submit inven- tions of any kind to the consideration or examination of the Government of the United States must address in writing the "Secretary of the Interior (Patent Offlce), Washington, United States of America. " They must give a description of the invention, and must state whether or not they expect, or intend to ask, any compensation whatsoever. No expense incurred in connection with the Invention or its presenta- tion will be considered as giving any claim whatever to com- pensation or to indemnification. The Government of the United States will assume no responsibility whatever, whether for loss of time, for services, for expenses of any kind, for loss or injury to any models, drawings, or other things, or for any cause whatsoever in connection with the invention or its presentation, unless the same may have been specially and distinctly authorized in writing, under the signature of the Secretary of the Interior, and in this case the responsi- bility of the Government will be limited to the amount named in his letter authorizing the same. N"o claim for indemnifi- cation or for compensation will be entertained, unless accom- panied by such letter of the Secretary of the Interior as is above contemplated; and no indemnification or compensa- tion will be allowed to any inventor, or other person pre- senting an invention, unless there be an appropriation by Congress authorizing such payment. No indemnification or compensation will be made in any case, unless the invention be adopted or some advantage inures therefrom to the public CONSULAR REGULATIONS, 175 service of the United States; and the Government of the United States, through its appropriate Department, will, in all cases, be the sole judge on these points. INPORMATION AS TO LIGHT-HOUSES, BUOYS, SHOALS, ETC. 444. Consular officers are expected to report all matters that may come to their knowledge affecting the navigation of waters in their districts, or that may be of public interest or advantage. All notices of the erection of new light-houses, removals or changes in those established, the discovery or sur- vey of shoals and reefs, changes in channels, the fixing of new buoys and beacons, and all subjects that concern the inter- ests of navigation should be communicated promptly to the Department of State. ■ If published notices are sent, two copies should be furnished; and if they are in a foreign lan- guage, they must be accompanied by accurate and trustworthy translations. USE OF GOVERNMENT DISPATCH BAGS. 445. The following matter only may be transmitted by con- sular ofilcers in Government dispatch bags to the United States, where such bags are used; (1) Letters and packages addressed to the President or Vice-President of the United States, or to the Executive Departments of this Govern- ment or the heads thereof, or to the Speaker of the House of Representatives; (2) letters, newspapers, and printed matter intended for the Assistant Secretaries, the Assistant Postmasters- General, or the Assistant Attorneys-General, or for any of the clerks of the Department of State; (3) invoices required by law to be transmitted to the United States; (4) the private letters to their families and friends in the United States sent by consuls or members of their families. Letters of unofi&cial persons, not being members of their own families, are not to be sent by consular officers to the 176 CONSULAR REGULATIONS. Department of State with official dispatches, for transmis sion to persons in the United States. (Paragraph 646.) VERIFICATION OP POWERS TO TRANSFER STOCKS OF THE UNITED STATES. 446. To be verified by consuls. — All powers of attorney in a foreign country for the transfer of any stock of the United States, or for the receipt of interest thereon, shall be verified by the certificate and seal of a consul, vice-consul, commer- cial agent, or vice-commercial agent, if any there be at the place where the same shall be executed. (See Form No. 88 for a general form for the authentication of a signature and No. 89 for a certificate that an officer is qualified to admin- ister an oath. ) 447. No fee. — No fee is to be charged for witnessing the execution and taking the acknowledgment of assignments of registered bonds or stocks of the United States, or of powers of attorney to assign such bonds or stocks, or to collect the interest thereon; it being apprehended that such charges might affect the value of our securities abroad. LETTERS UNCALLED FOR. 448. To be returned to local post-oflBce.— All letters, except as below, addressed to the care or in the custody of consular officers remaining uncalled for for a period of six months should, on the 1st days of January and July in each year, be returned unopened and with stamps intact to the local post- office from which the consular officer received them, in order that they may be returned to the United States, in pursuance of a provision in the Universal Postal Union Convention without expense, and go to the Dead-Letter Office. Consuls will not return uncalled-for letters by masters of vessels. 449. For navy and whaling vessels Letters intended for offi- cers and seamen of the Navy in the Pacific and Asiatic squad- rons, and letters intended for the crews of whaling vessels, CONSULAR EEGtTLATIONS. 177 may be retained one year before returning them as aforesaid. Upon returning such letters an indorsement should be made on each, giving the reason for detaining it beyond the six months above prescribed. LETTERS DETAINED AT FOREIGN PORTS. 450. It is provided by statute that .the Secretary of State may empower the consuls of the United States to pay the for- eign postage on such letters destined for the United States as may be detained at the ports of foreign countries for the non- payment of postage, which postage shall be marked by the consul as paid by him ; and the amount so paid may be cred- ited in the account of the consul with the Department of State. In carrying out this statute consular officers are authorized to state the amount paid for such postage in their postage account with the Department; but it should be entered as a separate item, in order that upon its repayment by the Post- Offlce Department the proper appropriation may be cred- ited.— i2. S., sec. 4011 PRESENTS AND TESTIMONIALS FROM FOREIGN POWERS. 451. Consular officers are forbidden by law to ask or accept, for themselves or any other persons, any present, emolument, pecuniary favor, office, or title of any kind from any foreign government. This statute is substantially the provision of the Constitution in this respect. If consular officers are tendered presents, orders, or other testimonials in acknowl- edgment of services rendered to the citizens or the govern- ments of foreign states, they may apply to Congress through the Department of State for permission to accept the same. — U. 8. Const., Art. I, sec. 9, cl. 8; R. S., sec. 1761; 18 Stat. L., 77. 17824 C R 12 178 CONSULAK REGULATIONS. CONSULAR UNIFORMS. 452. Diplomatic officers are forbidden by statute to wear any uniform or official costume not previously authorized by Congress. Consular officers are not authorized by law to wear any uniform, and the prohibition imposed by statute on diplomatic officers is hereby extended to consular officers. It is provided, however, that all officers who served during the rebellion as volunteers in the Army of the United States and have been honorably mustered out of the volunteer service shall be entitled to bear the official title and upon occasions of ceremony to wear the uniform of the highest grade they held, by brevet or other commissions, in the vol- iinteer service. They may also, on like occasions, wear the distinctive army badge of the corps or division in which they served. These provisions are held to apply to consular offi- cers whose service and discharge from the Volunteer Army bring them under its terms. — R. S., sees. 1226, 1688. CONSULAR OFFICERS ACTING FOR FOREIGN STATES. 453. A person holding an office of profit or trust under the United States is forbidden to accept an office from any foreign state. — U. 8. Const., Art. I, sec. 9, cl. 8. Consular officers may, however, upon request and with the approval of the Department of State, discharge temporarily consular du- ties for other countries. Except in cases of emergency the permission of the Department of State should be first ob- tained. (Paragraph 174.) AUTHENTICATION OF PENSION PAPERS. 454. The Commissioner of Pensions is authorized by statute to accept the declarations and other papers of pension claim- ants residing in foreign countries made before a United States CONSULAR REGULATIONS, 179 minister or consul or other consular officer, or before some officer of that country duly authorized to administer oaths for general purposes, and whose official character and signa- ture shall be duly authenticated by the certificate of a United States minister or consul or other consular officer, — 27 Stat. L.,272, sec. 2. 455. To be free of charge — All United States officers now authorized to administer oaths are required and directed to administer any and all oaths required to be made by pen- sioners and their witnesses in the execution of their vouchers, for their pensions free of charge. — 25 Stat. L., 782. Where the voucher is sworn to before a competent local official the consul is expected to certify without charge to the compe- tency of that official. No pension can be paid to a nonresi- dent who is not a citizen of the United States, except for actual disabilities incurred in the service. — 27 Stat. L., 52^. USE OF OFFICIAL TITLE AND SEAL. 456. The consul's official title and seal must not be used in the consul's private business transactions or affixed to notes, bills, bonds, or other personal obligations. The Government can assume and can be held to no liability for such obliga- tions. Such proceedings are regarded as involving grave irregularity. Impressing the consular seal on letters or other papers when its use is unnecessary is forbidden. The seal should be used for the purpose of authentication or certifi- cation only, and should be kept under lock to prevent the possibility of its use by unauthorized persons. CONSULS NOT TO ASSUME PECUNIARY RESPONSIBILITY FOR CITIZENS OF THE UNITED STATES. 457. Consular officers are not authorized to indorse notes or bills of exchange, nor in other ways to become responsible 180 CONSULAK EEGULATIONS. pecuniarily for American citizens or others who have no per- sonal claims upon them, but who seek them as persons who from their position are available for the purpose. Such transactions are not a part of the official duties of a consular officer. He is not authorized to lend money to indigent citizens of the United States or others, nor to incur expenses or liabilities for any persons, except seamen of the United States, in the expectation of reimbursement by the Govern- ment. USE OP NAME AS BUSINESS REFERENCE — REPORTING PINAN CIAL STANDING OP FOREIGN BUSINESS MEN OR HOUSES. 458. Consular officers are forbidden to allow the use of their names as references for business or other enterprises, and they are not authorized to report to private inquirers concern- ing the financial standing or commercial repute of business men or houses in their districts. They may, however, refer such inquiries to banks or other business agencies, if any that can answer them; or they may quote the ratings of local business agencies. ANSWERS TO INQUIRIES OF CITIZENS OP THE UNITED STATES. 459. Inquiries made by citizens of the United States touch- ing business matters, or other matters not of mere curiosity, shoald be answered as far as they can be consistently with the consul's other duties. All inquiries of this character should be acknowledged, even when it is impracticable to answer them. The postage on such correspondence is a proper charge against the allowance for contingent expenses. When the information sought relates to commercial or Industrial matters of general interest, the answer should be sent to the Department of State, to be transmitted to the inquirer after the Department has extracted any portion that it may desire to publish for the information of the public. CONSULAR KEaULATIONS. 181 LETTERS OF INTRODUCTION. 460. An official letter of introduction, when given to a citi- zen of the United States, is valuable to the holder for prompt identification in case he needs the intervention of a consular of&cer in his behalf. But in no case must the letter be under- stood or taken as implying any claim upon the consul for hos- pitality or personal courtesies beyond the politeness always due to citizens of the United States when they have legitimate business with a consulate. USE OP THE TELEGRAPH. 461. The use of the telegraph at the expense of the Gov- ernment is restricted to cases of urgency, and to those in which some injury to the public interests would result from delay. It is not permitted in the ordinary business of a con- sulate, or in communicating with the Department of State, except when justified by the importance and urgency of the case, or when it is done under instructions from the Depart- ment. Applications by telegTaph or cable for leave of absence and telegraphic replies thereto will generally be at the private expense of the consul. 462. Accounts for telegrams — In verifying official telegrams in the accounts for the same transmitted to the Department of State for approval at the expiration of each quarter, it is required that each voucher for telegrams should either be indorsed with "a reference to the number and date of the dispatch to the Department reporting the telegram or be accompanied with a slip, pinned to it, giving the exact text of the message as sent. CIRCULARS. 463. All circulars issued over the signature of a consular officer must be submitted to the Department of State and receive its approval before publication, unless they conform 182 CONSULAR BKGULATIONS. to a draft furnished by the Department or follow the exact language of an Instruction or circular of the Department. ALTERATION OF OFFICIAL FORMS. 4 4. The official forms contained in Appendix VI have been prescribed by the President, under authority of law, to be used in cases to which they apply; and consular officers are forbidden to alter any of them without permission and the approval by the Department of State of the substitute offered. Suggestions for the improvement of forms are, however, invited, and they will always receive consideration. Exact translation of English forms into the language of the country to which the consul is accredited is not within this prohibition, where the local conditions require translation. (As to unoffi- cial and miscellaneous forms, see paragraphs 188 and 335. ) LEAVE OF ABSENCE. 465. Absence exceeding forty-eight hours. — All absences of a consul from his post exceeding forty-eight hours, whether by leave or otherwise, must be reported to the Department of State, and are regarded as a part of the sixty days during which a consul may be absent in one year without loss of salary.— i^ Op. Att. Gen., ^10. 466. Consuls not to be absent more than ten days without leave. — No consul-general, consul, commercial agent, consular clerk, consular agent, marshal, or interpreter at a consulate shall be absent from his post or the performance of his duties for a longer period than ten days at any one time without permission previously obtained of the President. — R. S., sec. 1741; 18 Stat. L. , 77. This provision in regard to an absence of ten days is intended to meet those cases of sudden emergency which do not allow sufficient time for communicating with the Department of State, and in which some serious detri- ment to the health or the affairs of the officer, or otherwise, CONSULAR KEGULATIONS. 183 is likely to occur before a formal application can be acted upon. It is not to be assumed that an unauthorized absence of ten days can be taken as a matter of course. The cir- cumstance of distance between the Department and its officers abroad requires that the use of the permission granted by statute should be intrusted to their fidelity and honor; and when an officer is known to violate the confidence reposed in him in this respect, he must expect to incur the serious dis- pleasure of the President. Application for leave of absence must be addressed to the Department of State in the manner directed by paragraphs 97-99, 105, and 106. 467. Salary during absence from post. — The statute referring to consuls-general, consuls, and commercial agents, who are the only consular ofiicers entitled to any compensation when not in the actual performance of duty at the post, provides that no consular officer shall receive salary for the time during which he may be absent from his post, by leave or otherwise, beyond the term of sixty days in any out year; but the time equal to that usually occupied in going to and from the United States, in case of the return on leave of such consular officer to the United States, may be allowed in addition to such sixty days. The Department of State may, for good reason, grant leave for a longer time; but it carries no right to salary beyond the time fixed by law.— i2. S., sees. 1740, 174^. 468. Leave of absence discretionary with President. — The statute limits the period of a consul's absence from his post, but it does not entitle him to leave of absence each year. — B. S., sec. 174^. The President, acting through the Department of State, will determine in each case whether the consul may be absent. 469. Applications for leave of absence. — Every application for leave of absence must contain a statement of the number of days the consul has been absent from his post during the previous twelve months, and whether with or without leave; 184 CONSULAK KEaULATIONS. referring by number and date, if with leave, to the dispatch granting it. Every such application must state specifically whether the applicant wishes to come to the United States. (Paragraph 470.) Leaves of absence are not cumulative. In case of leave not being asked or granted in any one calendar year, the term for which such leave might have been granted can not be added to the leave of a subsequent year. 470. Leave with permission to visit the United States. — Leaves of absence are of two kinds — simple leave and leave with permission to visit the United States. Both classes of leave are subject to the statutory conditions explained above. (Paragraphs 465-467.) In case leave is asked and granted to return to the United States, the term for which it is granted is computed from the day of the arrival in the United States to the day of departure therefrom on the return of the officer to his post; but a reasonable time in addition is allowed for going to and returning from his place of residence, provided a Adsit to his residence is made, but not otherwise. The transit periods prescribed in paragraph 478 are maximum allowances to cover delay through sickness or other unavoidable cause. It is not contemplated that the whole time so allotted shall be ordinarily employed in the transit, nor is it permissible that an officer proceeding on leave to the United States in a shorter time than that given in the schedule, and returning to his post in the same way, can thereby accumulate or add time to the leave prescribed by the statute. 471. Simple leave does not give permission to return to the United States. — The granting of a simple leave of absence does not give permission to return to the United States also. Should a consular officer desire to revisit the United States, he must ask express permission to do so, in order to entitle him to the benefit of the statutory allowance. CONSXJLAK REGULATIONS. 185 LEAVE OF ABSENCE FOE VICE-CONSULAR OFFICERS AND SUBORDINATE OFFICERS AND EMPLOYEES. 472. Vice-eonsular officers When the chief consular of&cer is at his post and in charge of the office, he may grant leave of absence to his vice-consular officer, reportinjsj the fact to the Department of State. When the vice-consul is in charge of the offtce, he should apply for leave in the same manner as the consul, and should give the name and authenticated signature of the person he desires shall be left in charge of the office during his absence. The vice-consul receives pay only while he is in charge of the office, and he can receive nothing when on leave. 473. Deputy consular officers and clerks Deputy consular offi- cers and office clerks may be granted leave by the principal officer. 474. Consular agents — Consular agents should apply for leave of absence to the principal officer, who will forward the application to the Department of State in the usual manner, with the name and authenticated signature of the person whom it is proposed to put temporarily in charge of the con- sular agency. In case of an emergency which compels the consular agent to leave his post before permission to do so can be obtained from the Department of State, the principal consular of&cer is authorized to grant the agent the requisite leave of absence, reporting the fact to the Department of State, and sending the name and authentic signature of the person placed temporarily in charge of the consular agenfiy. 475. Consular clerks. — Consular clerks should apply for leave of absence to the Department of State, their applications being indorsed favorably or unfavorably by the chief consular officer at the post where they are serving. 476. Interpreters and marshals Interpreters and marshals should apply for leave of absence through the consular officer 186 CONSULAB REGULATIONS. in charge of the post. There is no provision of law for ap- pointment by the consular officer of a substitute to perform the duties of the absent interpreter or marshal and receive his salary. — Bowler'' s 1st Comp. Dec., 168; 2 Comp. Dec., 1)56. MAXIMUM TIME OF TRANSIT. 477. Not to be exceeded — The Secretary of State is author- ized to establish, determine, and make public the maximum amount of time actually necessary to make the transit between each consular post and the city of Washington, and vice versa, and from time to time revise his decision in this respect ; and the allowance for time actually and necessarily occupied by each consular officer who may be entitled to such allow- ance shall in no case exceed that for the time thus estab- lished 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. — 18 Stat. L., 70, sec. J/.. 478. Maximnm transit periods established. — The following is established, determined, and made public as the maximum amount of time actually necessary to make the transit between each consular post in the countries named and the city of Washington, going or coming: Argentine Republic, forty-five days. Austria-Hungary, thirty days. Belgium, twenty days. Brazil, forty days. Chile, forty-five days. China (except Chung-King), fifty days. Chung-King, ninety days. Colombia: Barranquilla, sixteen days. Bogota, thirty-five days. Colon, sixteen days. Panama, sixteen days. CONSULAR BEaULATIONS. 187 Costa Eica, thirty days. Denmark, twenty-five days. St. Thomas, fifteen days. Ecuador, forty-five days. Egypt, thirty-five days. France, twenty days. French possessions: Algeria, thirty days. Gaboon, fifty days. Guadeloupe, thirty days, Martinique, twenty-five days. Tahiti, seventy days. Tunis, thirty days. St. Pierre, twenty days. Germany, twenty-five days. Great Britain and Ireland, twenty days. British possessions: Aden, forty days. Antigua, thirty days. Australia, fifty days. Barbados, twenty days. Bermuda, ten days. Bombay, sixty days. Calcutta, sixty days. Canada (except Gaspe Basin, New Brunswick, Prince Edward Island, Victoria, and Winnipeg), three days. Cape Town, fifty-five days. Ceylon, fifty days. Demerara, forty days. Falkland Islands, seventy days. Fiji Islands, seventy days. Gaspe Basin, six days. Gibraltar, twenty-five days. Hongkong, fifty days Kingston, Jamaica, twenty days. Malta, thirty days. MaTiritius, ninety days. Nassau, fifteen days. New Brunswick, six days. New Zealand, fifty days. 188 CONSULAR BEGTJLATIONS, Great Britain and Ireland — Continued. British possessions — Continued. Nova Scotia, six days. Prince Edward Island, six days. St. Helena, seventy-flve days. Sierra Leone, fifty days. Singapore, sixty days. Turks Island, twenty days. Victoria, twenty-five days. Winnipeg, fifteen days. Greece, thirty-five days. Guatemala, thirty days. Haiti, fifteen days. Hawaiian Islands, thirty-five days. Honduras, thirty days. Italy, thirty days. Japan, forty days. Kongo State, fifty days. Korea, sixty days. Liberia, forty days. Madagascar, seventy days. Maskat, sixty days. Mexico: Acapulco, twenty-five days. Durango, fifteen days. Guaymas, twenty-five days. Matamoros, twelve days. Merida, twenty days. Mexico City, eighteen days. Nogales, fifteen days. Nuevo Laredo, twelve days. Paso del Norte, twelve days. Piedras Negras, twelve days. Tampico, twenty days. "Veracruz, fifteen days. Netherlands, twenty days. Batavia, Java, sixty days. Nicaragua, thirty days. Paraguay, forty-five days. Persia, sixty-five days. CONSULAR REGULATIONS. 189 Peru, forty days. Portugal, thirty days. Portuguese posessions: Fayal and Funchal, thirty days. Mozambique, sixty days. Santiago (C. V> I.), forty days. Russia, thirty days. Salvador, thirty days. Sanaoa, seventy days. Santo Domingo, fifteen days. Siam, sixty days. Spain, twenty-five days. Spanish possessions: Baracoa, fifteen days. Cardenas, ten days. Cienfuegos, twelve days. Habana, ten days. Manila, sixty days. Matanzas, ten days. Puerto Rico, twenty days. Sagua la Grande, twelve days. Santiago de Cuba, twelve days. Sweden and Norway, twenty-five days. Switzerland, twenty-five days. Tangier (Morocco), thirty-five days. Turkey (except Erzerum and Harpoot) , forty days. Erzerum and Harpoot, seventy-five days. Uruguay, forty- five days. Venezuela, twenty-five days. Zanzibar, sixty days. INSPECTION OP PRIVATE PAPERS FILED IN CONSULATE. 479. Many papers filed as of record in the consular offices are of a private, and not of a public, nature. The rules regu- lating the inspection of the two classes of papers are widely- different. Inspection of a private paper may be granted to a party who has an interest therein in such cases as will not involve impertinent investigations and in which the 190 CONSULAR REGULATIONS. consul is satisfied that no illegitimate object is intended, and where the inquiry is not forbidden by the public interests; but such paper must be specifically designated in the appli"- cation for inspection, adopting in such cases, as nearly as practicable, the rule laid down by the courts in respect to the inspection of telegraphic dispatches; nor will the Depart- ment of State permit copies to be taken by the parties inspect- ing such papers. If copies are required, they must be taken by the consular officer and duly certified by him. EXAMINATION OF TITLES AND OTHER UNOFFICIAL SERVICES. 480. Consular officers are frequently asked by their coun- trymen at home to examine titles, or do other services for them in a foreign land. It is sometimes even assumed that the parties making the requests have a right to such services. Consular ofi&cers will treat all such requests courteously, and if they are unable to comply with them, will state the reasons clearly but unofEensively. They are at liberty to do such work for their countrymen for a private compensation, if it does not interfere with the performance of their official duties. If it does so interfere, they must refuse it. — SI Fed. Rep., 697; 33 Id., 572. 481. Biile as to compensation, contract therefor. — The gen- eral rule in regard to unofficial services, as distinct from offi- cial and from notarial services, is that a consular officer is entitled to charge the same compensation as is charged for similar services in the same locality by other competent per- sons. In ordinary cases the amount is determined by the agreement of the parties; and a consular officer should, if practicable, have a clear understanding with his correspond- ent respecting the cost of an unofficial service before he per- forms it, and alsO with regard to the time and manner of payment. In some cases, also, it is believed that it would be a hardship to make the maximum charge, as where the CONSULAR REGULATIONS. 191 services are rendered in behalf of the widows and families of deceased soldiers or sailors of the United States, or where, from other circumstances, the exaction would operate op- pressively upon the applicant. It is expected that these con- siderations will have due weight with consular officers. The Department of State does not intervene unless in cases of manifest injustice, although it reserves the right at all times to decide upon the fairness and propriety of any charge that a consular officer may make for such services, and to iix the amount to be paid, if there shall be any reason to do so. (Paragraph 488.) NOTARIAL ACTS. 482. Under Federal laws — The statute permits consular offi- cers, whenever they are required or deem it necessary or proper to do so, within the limits of their respective districts, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do or perform within the United States. Such acts, in order to be valid and effectual, must be certified by the consul under his hand and seal of office. — R. S., sec. 1750. 483. Under State laws. — The laws of some of the States and Territories authorize consular officers to take acknowledg- ments of deeds, to take depositions and affidavits, and to perform other official acts for use in such States and Territo- ries. "When called upon for any service not within the usual functions and competence of a notary public, according to the general law and usage of commercial nations, the consul will be guided by the State or Territorial statute which empowers him to act in the premises. The powers and duties pf a notary public are derived in a large measure from gen- eral usage, public law, and the customs of merchants. To some degree they are regulated by statute in most of the 192 CONSULAR REGULATIONS. States, but not usually in sucli a manner as to restrict the ex- ercise of the functions which otherwise appertain to the office. As a general rule, a notary public may take acknowl- edgments of deeds, powers of attorney, agreements, leases, releases, assignments, bonds, mortgages, bills and contracts of sale, and protests, certify copies, and may take all forms of oaths, affidavits, and depositions. 484. Performance of notarial services optional.— Consular offi- cers are not compelled to render notarial services ; but, as a general rule, when the act requested can be performed with- out interference with official business, and without giving offense to the local government, they are expected, upon the tender of a suitable remuneration, to perform it. They are prohibited, however, to issue certificates of law or fact as to any matters outside the scope of their official duties and powers. (Paragraph 422.) 485. Compensation for services. — Consular officers are author- ized to charge for notarial services the fees prescribed for notaries public in the District of Columbia, and no more. Tariff of /notarial fees. — The tariff of notarial fees fixed by law for the District of Columbia is as follows: For each certificate and seal, 50 cents. Taking depositions or other writings, for each 100 words, 10 cents. Administering an oath, 15 cents. Taking acknowledginent of a deed or power of attorney, with certificate thereof, 50 cents. Every protest of a bill of exchange or promissory note, and recording the same, $1.75. Each notice of protest, 10 cents. Each demand for acceptance or payment, if accepted or paid, $1, to be paid by the party accepting or paying the same.. Each noting or protest, $1. Revised Statutes relating'to the District of Columbia, section 990. CONSULAR REGULATIONS. 193 A copy of this tariff of fees must be posted in a conspicu- ous place in the public office of the consulate. Notarial fees belong to consul. — While a notarial service derives its legal validity and effect from the official character of the person performing it and is an official service, con- sular officers are not required to pay the fees for such serv- ices into the Treasury, but may retain them as personal fees, unless the service or a part of it is one for which a fee is pre- scribed in the tariff of official fees. —S3 Fed. Rep. , 5T2. (Par- agraph 533.) In that case the fee prescribed in the tariff of official fees must be collected and accounted for to the Treasury. 486. Record and transcript of notarial and unofficial services Each consul shall keep a permanent record of all notarial and unofficial services and of the fees or compensation received therefor, and transmit at the close of each quarter one sworn copy of the same (Form No. 159) to the Department of State and another sworn copy to the Auditor for the State and othei Departments. If no fees for notarial services have been col- lected that fact must be reported. This record and transcript should include all notarial and unofficial acts for which a fee has been charged, and also gratuitous services of like charac- ter, such as the authentication of pension vouchers, bond transfers, etc. ; describe the service so fully and clearly that its nature may be ascertained by inspection. Entry of the services as "affidavit," "oath," "certification," "authentica- tion," etc., is insufficient. Many of these acts are concerned with the transfer of property and the execution of papers and instruments of importance. Questions are likely to arise at any time which it is desirable that the Department of State should have the means of answering, either from the informa- tion on its files or in the records of the several consulates. The Form (No. 159) which has been prepared for this purpose shows the particulars which the record shall contain and also 17824 C E 13 194 CONSULAR BBGULATIONS. the form of oath to accompany it. If in the execution of papers witnesses are required, their names shoixld be entered in tlie column of "remarks." 487. Notarial services by consular clerks. — When a consular clerk attached to a consular office is required to perform notarial or other unofficial services for the convenience of the consul, the consular clerk is entitled to reasonable com- pensation out of the fees received for the services, in addi- tion to his salary, which is paid him for his official work only. 488. Lien upon papers — disputed charges.: — Where it is neces- sary to insure payment, a consular officer may retain the papers committed to him in connection' with the notarial or unofficial work until his proper fees are paid. In such case, however, he should promptly notify the party employing him of the completion of the work and of his readiness to trans- mit the papers or the information on receiving payment of his fees. If payment is refused, a full report of the case should be made to the Department of State. If a dispute arises as to the proper charges and the consul and his employer are unable to agree, the facts may be laid before the Department, which will give such instructions as may be deemed proper. 489. Comnussion to take testimony When a court in the United States appoints a consular officer commissioner to take testimony in a foreign country for the use of that court, the commission is usually accompanied by interrogatories and full instructions, which the consul should be careful to follow. In such cases the consul acts, not in his official capacity as consul, but as an officer of the court which issues the commission, and his charges must not exceed those al- lowed by the court issuing the commission. These charges must be included in the record and transcript prescribed in paragraph 486. 490. Where local government objects Where the local gov- ernment objects to the taking of testimony by a consular CONSULAR REGULATIONS. 195 officer, acting as commissioner for a court in the United States, the consul should return the papers with an explana- tion of the reasons why he is unable to execute the commis- sion and with any suggestions he may be able to make as to the proper method of obtaining the testimony — whether by letters rogatory or otherwise. Article XXV. COMPENSATION OF CONSULAR OFFICERS. 491. Two classes — With respect to their compensation, con- sular officers are divided into two classes, (1) those who are paid a fixed, salary appropriated annually by Congress, and (2) those who are paid no salary, but receive their compensa- tion in fees collected for official services and in payments from the Treasury of the United States for services to Ameri- can vessels and seamen. (Paragraphs 436, 520.) 492. Salaried officers. — Consuls-general, consuls, and com- mercial agents, in Schedules B and C, receiving salaries fixed by law are entitled to compensation at the rate of their re- spective salaries, as follows: 1. Beginning not prior to the date of the oath of office, for time occupied in receiving instructions in the United States, not exceeding thirty days. — R. S., sec. lllfl. 2. For the time actually and necessarily occupied in transit, by the most convenient route, between the places of their resi- dence and their posts, not, however, to exceed the time fixed in paragraph 478. This applies both to transit from the United States and to transit to the United States at the termination of service, unless the officer dies, or is recalled for malfesance, or resigns in anticipation of such recall. The time during which a consul may be unavoidably detained at his post while waiting for a conveyance to the United States, after delivering up the office, maybe included in his home transit so far as not 196 CONSULAR REGULATIONS. to exceed in all the maximum time fixed in paragraph 478. In the event that the appointee is not in the United States at the time of appointment and receives his instructions while abroad, no allowance of salary will be made for the period so occupied, but only for so much of the prescribed time allowed for transit as shall be actually and necessarily occupied in reaching his post of duty. 3. From the date of entry upon official duty at their posts to the date when they cease to perform the duties of the office. This provision extends also to the time, after arrival at their posts, while awaiting the receipt of the exequatur or permission to act. — R. S. , sec. 174-0. 493. No outfit or advance. — No advance of salary or allow- ance in the nature of an outfit is made either for the officer or his family; nor is transportation furnished by the Govern- ment to any consular officer. 494. When consulate transferred to new class. — If Congress transfers a consulate from one class to another in an appro- priation act, it thereby changes the salary; and the consul is entitled to no more than the salary provided for the class to which his office has been transferred. —:gg C. Cls. R., 330; 123 U. S., 182. 495. Allowance to widow or heirs ^It has been provided by law that whenever a consular officer dies in a foreign country in the discharge of his duty, there shall be paid to his widow, or, if no widow survive him, then to his heirs at law, a sum of money equal to the allowance made to such officer for the time necessarily occupied in making the transit from his post of duty to his residence in the United States. The amount is paid directly to the widow, or heirs, as the case may be. This provision applies only to salaried consuls-general, con- suls, and commercial agents. —i2. S., sec. lllfi- 496. Feed officers — A consul-general, consul, or commercial agent not compensated by a fixed salary is allowed in lieu of CONSULAR REaULATIONS. 197 salary such fees as he may collect and such pay as his official services to American vessels and seamen (paragraph 520) may entitle him to receive in pursuance of law and these regulations to an amount not exceeding the rate of 12,500 in each fiscal year. This compensation begins with the date of entry upon the duties of the office and terminates with the expiration of service at the post. No allowance is provided for the time occupied in receiving instructions or for the expenses of transit either to or from the post of duty. — R. S., sees. 17S0, mO; U Stat. L., 226; 2S Stat. L., 56, sec. 12. 497. Allowance for rent and clerk hire at feed offices When the aggregate official fees collected at a feed consular office, together with those received from the Treasury for services to American vessels and seamen (paragraph 520), exceed $2,500 a year, the Secretary of State may allow the consular officer out of the excess of such fees and payments, when sufficient, a sum not exceeding 1500 a year for office rent and a sum within the same limits for clerk hire. The fees re- ceived by a consular officer from consular agencies attached to the consulate are not to be counted as making a part of the $2,500, or of the excess out of which the allowance for rent and clerk hire may be paid. — i?. S., sec. 1132. 498. yees of a retiring officer. — ^A consular officer who is enti- tled to retain fees collected by him or by a consular agent under his supervision during any year, up to a fixed limit, and who retires from office during the course of a fiscal year, is not entitled to retain all the fees then collected, up to such limit, but only such part of the total annual allowance as is proportioned to the part of the fiscal year during which he has held office.— i2. S., sec. 2687 j 71 Fed. Rep., W6. (Para- graph 572.) 499. Compensation until actually relieved by successor. — A prin- cipal consular officer, so long as he remains at his post with the sanction of the Department of State in the discharge of 198 CONSULAR KEGTJLATIONS. the duties of the office, is entitled to compensation until his successor arrives at the post and actually takes charge of the • office, or until he delivers the office to his vice-consular ofd- cer or in any other manner ceases to act as consul. 500. Compensation when performing diplomatic duties. — For such time as a consular officer may, under instructions, per- form diplomatic functions in the absence of the diplomatic representative in the country to which he is appointed, he is entitled, in addition to his compensation as such consular officer, to receive compensation for his diplomatic services at the rate allowed by law for a secretary of legation Id such country. In countries in which the United States have no such representative, a consular officer is not authorized to prefer any claim for extra compensation for services that may partake of a diplomatic character, whether performed under the instructions of the Department of State or otherwise. In case, however, expenses are incurred in carrying out the Department's instructions, such expenses will be reimbursed, if found proper on examination. — R. S., sec. 17S9. 501. Consul in charge of legation. — A retiring diplomatic repre- sentative has no authority to install a consular officer in charge of an embassy or legation, unless expressly authorized by the President so to do; nor can the consular officer receive the pay provided by law for a charge d'affaires. It is not unusual, how- ever, for a consular officer to be charged with the custody of the archives and property of a legation. This circumstance does not invest him with any diplomatic character or func- tions, and no allowance will be made to him except for the necessary expenses of such custody. — 5 C. Cls. R., 4^0. 502. Salary during absence — It is provided by law that no consular officer shall receive salary for the time during which he may be absent from his post, by leave or otherwise, beyond the term of sixty days in the aggregate in any one calendar CONSULAR KEGTJLATIONS. 199 year, but that the time equal to that usually occupied in going to and from the United States, in case of the return on leave of such officer to the United States, may be allowed in addition to the sixty days. A salaried officer may accordingly receive the salary of his office for sixty days while absent from his post on leave, and also for the time of transit both to and from his residence, in ease he visits the United States, as explained in paragraph 470. This compensation is, however, subject to the agreement with the vice-consul-general, vice-consul, or vice-commercial agent, as the case may be, or, if there be no agreement between them, to the regulations providing for the compensation of these substitute officers in paragraph 506. In case the officer does not visit the United States no salary will be allowed after the expiration of sixty days. — B. S.,sec. llliZ; 12 Op. Att. Gen. , ^10. This limitation as to salary does not apply to marshals. They are entitled to salary whether present or absent, so long as they remain in office. — 2 Bowler's Comp. Dec. , 4^6. (Para- graph 476.) 503. Absence for more than ten days When a salaried prin- cipal officer is absent from his post for a period exceeding ten days at any one time, without permission previously obtained from the President through the Department of State, no portion of the salary or compensation of the office will be •allowed for any time in excess of the ten days, unless the propriety and necessity of the absence shall be made clear to the Department. — B.S.,sec. 17^1; 18 Stat. L.,77. (Paragraph 466.) 504. Resignation or recall for malfeasance A consular officer will not be entitled to the compensation of his office in case he is recalled for malfeasance, or resigns in anticipation of such recall, except to the date of such resignation, or of the receipt by him, or at the consulate, of the notification of the 200 CONSULAR REGULATIONS. recall. In neither case will compensation be allowed for the time occupied in the transit to the United States. — R. S. , sec. nifi; 9 Op. Aft. Gen., 89. 505. Resignation in the United States The right to compen- sation of a principal consular officer who resigns while, in the United States on leave of absence terminates with the date of the acceptance of the resignation, the lapse of his statutory leave, or the entrance of his successor in offtce upon his duties at the post, whichever first occurs. 506. Compensation of vice-consular officers. — The compensation of a vice-consul-general, vice-consul, or a vice-commercial agent is provided for only from that of the principal officer. — R. S., sec. 1703; 7 Op. Att. Gen., 7U; 15 C. Cls. R., 61 The rules in respect to his compensation are as follows: 1. In case a principal officer is absent on leave for sixty days or less in any one calendar year and does not visit the United States, the vice-consular officer acting in his place is entitled to one-half of the compensation of the office from the date of assuming its duties, unless there is an agree- ment for a different rate, the principal officer receiving the remainder. (Paragraph 571. ) But after the expiration of the sixty days, or after the expiration of the principal officer's leave of absence (if less than sixty days), the vice-consular officer is entitled to the full compensation of the office. 2. If the principal officer visits the United States on such leave of absence and returns to his post, the foregoing rule will include the time of transit both from and to his post, as explained in paragraph 492. But if the principal officer does not return to his post, either because of resignation or other- wise, the rule will embrace only the time of absence, not exceeding sixty days, together with the time of transit from his post to his residence in the United States. 3. If a principal officer absents himself from his post for a longer period than ten days without leave, the vice-consular CONSULAR REGULATIONS. 201 officer will be entitled to the full compensation of the office for the excess over ten days, unless the absence shall have been subsequently approved by the Department of State. If the absence shall have received such approval, the com- pensation will be regulated by thie rules herein laid down as to other leaves of absence. 4. If a principal officer dies at his post, or if he resigns or is recalled for malfeasance, the vice-consular officer is entitled to the full compensation from the date of entering upon the duties of the office. 5. When a principal officer resigns while at his post and delivers the office to the vice-consular officer, the latter will receive the full compensation of the office from the date of entering upon its duties. When, however, the resignation is tendered while the principal officer is in the United States on leave of absence, the vice-consular officer will receive the full compensation from the date of its acceptance by the Depart- ment of State ; but in this case his compensation for the period between the date of assuming the duties and that of the accept- ance of the resignation will be in accordance with the forego- ing rules respecting compensation during leaves of absence. 6. A vice-consul-general, vice-consul, or a vice-commercial agent designated by the diplomatic representative to fill a vacancy, as provided for in paragraphs 107 and 108, is entitled to the compensation of the office from the date of assuming its duties. 7. No allowance has been provided by law for the compen- sation of a vice-consul-general, vice-consul, or vice-commer- cial agent, or of any subordinate officers (except consular clerks), while receiving instructions, or during transit to or from his post, or for traveling expenses. — R. S., sec. 1740. 507. Drafts of vice-consular officers When a vice-consular offi- cer is authorized by his principal officer to draw the salary of the office, or any part thereof, during the absence, on leave or 202 CONSULAR REGULATIONS. otherwise, of the latter, the Auditor for the State and other Departments should at once be advised, in order that any ' drafts therefor may be duly protected. (Paragraph 566.) No drafts of a vice-consular officer, when in charge of a consulate, will be honored at the Treasury until the bond prescribed in paragraph 4.3 shall have been filed. 508, Not entitled to two salaries When a vice-consular offi- cer draws for and receives the salary of the principal officer on the latter's authority, he is precluded from afterwards elect- ing to receive a salary in a subordinate capacity in order to secure the payment of both the salaries. The principal offi- cer, by his act of authorization, relinquishes his right to the salary, although it may have been done for convenience and the money appropriated to his use. 509, Deputy consular officers — No provision has been made for the compensation of deputy consuls-general, or deputy consuls, except from the allowance made by law for the prin- cipal consular officer. They are therefore not entitled in that character to any compensation from the Government, except as thus provided for; but their services must be paid for by the principal officer. 510, Corsular agents. — Consular agents are entitled, as com- pensation for their services, to such pay from the Goyernment as their official services to American vessels and seamen may entitle them (paragraph 520) and to such fees as they may ■ collect under these Regulations or to so much thereof as shall be determined by the President, not to exceed $1,000 a. year. And the principal officer of the consulate or commercial agency within the limits of which such consular agent is appointed is entitled only to the residue, if any, in addition to any other compensation allowed him by law for his services therein. But all moneys received for fees at any vice-con- sulates or consular agencies of the United States beyond the sum of $1,000 in any one year, and all moneys received by any CONSULAR REGULATIONS. 203 consul-general or consul from consular agencies or vice- consulates in excess of $1,000 in the aggregate from all such agencies or vice-consulates must be accoxmted for to the Secretary of the Treasury and held subject to his draft or other directions.— i?. S., sees. 1703, 1733; 23 Stat. L., 56, sec.' 12; 71 Fed. Rep., IfiQ. 511. Consular clerks — Consular clerks appointed by the Pres- ident receive a salary of $1,000 a year. Those who remain continuously in service for a period of five years and upward are entitled to a salary of $1,200 a year. They are also paid the actual and necessary expenses of travel between their residences and their posts of duty on appointment and return and during a transfer under orders from one post to another. They receive their salaries from the date they begin to dis- charge the duties to which they are assigned by the President, which date is usually simultaneous with that on which they take the oath of oface.— i?. 8., sees. 170 1^, 1705; 18 Stat. L., 70, sec. 5. 512. Consular clerk as vice-consul .When a consular clerk appointed vice-consul acts in that character in the absence of the consul, he is entitled to the compensation of a vice- consular officer, but not in addition to the salary of con- sular clerk. He may in such a case elect which of the two compensations he will take. 513. Vouchers to be for actual amount paid. — When, under authority of law, or by direction of the Secretary of State, an officer employs any clerk, dragoman, interpreter, messenger, or like subordinate at the expense of the Government, the vouchers presented with the officer's quarterly accounts must show the amount actually paid to the employees. The same rule applies to all vouchers for moneys expended for any official j)urpose whatever; they must represent the amounts actually and necessarily paid for the purposes specified, to the exclusion of any pecuniary or material benefit directly '204 CONSULAR KEGULATIONS. ■or indirectly accruing to the of&cer making the expenditure and accounting therefor, or to any person other than the one .signing the receipt.— i2. S., sees. 3^90, 54^1, 54S8, 548S. Any officer so charged with the expenditure of an appropri- ation or an allowance who shall require any clerk or employee to receipt or give a voucher for an amount greater than that actually received by him for the official service he performs is liable to a charge of embezzlement. 514. No commissions allowed. — 'No consular ofS cer is permitted to receive any additional compensation, directly or indirectly, by way of commission or otherwise, for receiving or disbursing the wages or extra wages of seamen, or for advances made to them; nor is he allowed to derive any profit from, or be inter- ested in, the supplies of any kind furnished to seamen, or in the compensation allowed for their transportation to the United States. In the latter case, however, if a consular offi- cer is the owner of, or is otherwise interested in, the vessel bringing the seamen home, he is not prohibited from receiving such reasonable compensation as may be provided by law for the transportation. — R. S., sec. 1719. (Paragraph 275.) 515. No extra compensation — The compensation provided by law for the several grades of consular officers is in full for all services they may be required to perform, and for all personal expenses that may be incurred under whatever law, treaty, or instructions the services may be performed. — R. S., sec. 1743. 516. Fees applicable to salaries — Consuls who are compen- sated by salaries appropriated annually by Congress are au- thorized to pay themselves from the fees they may collect if these shall be sufficient for the purpose. If not sufficient, a draft may be drawn at the end of each quarter for the defi- ciency, or for the whole quarter's salary, as the case may be. In all cases drafts for salary of consuls should be drawn upon .the Secretary of the Treasury. (Paragraph 566.) CONSULAR REGULATIONS. 205- Drafts for salary and for all other accounts must be drawn only at the end of each quarter, and for amounts then due, and must be preceded or accompanied by the corresponding accounts and vouchers. But in case of need salary may be drawn before the end of the quarter, provided a certificate be attached to the draft of the amount of fees received up to the time of drawing. Only the difEerence between the amount of such receipt from fees and the amount of salary accrued to the date of draft must in any case be drawn for. (Paragraph 581.) 517. Fees applicable to salaries of subordinate officers It is the custom for the principal officer to pay the salaries of consular clerks, marshals, and interpreters from the fees at the post at which they may be stationed. If these are not sufficient, a draft may be drawn by the principal officer as for other sala- ries (paragraph 555) to complete the payment of the marshal or interpreter ; but a consular clerk shall draw for his own salary, or for such part as may not be paid out of the accu- mulated fees. (Paragraph 577. ) Article XXVI. CONSULAR FEES. 518. President to prescribe fees for official services The Presi- dent is authorized to prescribe from time to time the rates or tariffs of fees to be charged for official 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 consulates and commercial agencies, and to adapt the same, by such differences as may be necessary or proper, to each consulate or commercial agency; and it is the duty of all officers and persons connected with such consu- lates or commercial agencies to collect for such official serv- ices such and only such fees as may be prescribed for their -206 CONSULAR BBGTJLATIONS. respective consulates and commercial agencies, and such rates or tariffs are required to be reported annually to Con- gress.— i?. S., sec. 1H5; ISS U. S., ^73; SI Fed. Rep., 697; 33 Id., 57^. 519. Services official unless otherwise prescribed. — All acts or services for which a fee is prescribed in the tariff of fees (par- agraph 533) are to be regarded as official services, and the fees charged and received therefor are to be reported and ac- counted for to the Treasury of the United States except when otherwise expressly stated therein. The tariff of official fees must be kept posted in a conspicuous place in the consular office for the information of persons desiring official services. 520. American vessels not required to pay By law no fees named in the tariff of consular fees prescribed by order of the President can be collected by consular officers from reg- ularly documented American vessels and seamen for official services to them. (Paragraph 182.) Consular officers, how- ever, who are compensated by fees must furnish the mas- ter of every such vessel with an itemized statement of such services performed on account of said vessel, with the fee so prescribed for each service, and also make a detailed report to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may pre- scribe ; and the Secretary of the Treasury shall allow consu- lar officers who are paid in whole or in part by fees such compensation for said services as they would have received prior to the passage of said law. Such services will not be compensated, unless, in the opinion of the Secretary of the Treasury, they have been necessarily rendered. For full instructions in regard to accounts for services, see paragraph 575.-^5 Stat. L., 56, sec. 12; 18 Op. Aft. Gen., Ill, 23i. 521. Effects of deceased citizens Consular courts. — The fee (No. 15 of the tariff of official fees) for taking into possession and .settling estates of citizens of the United States dying abroad CONSULAR REGULATIONS. 207 (Article XXIII) and transmitting the proceeds is official and must be paid into the Treasury; consular court fees are like- wise official and must be accounted for. (Article XXX.) 522 No additional charges allowed When a fee is fixed in the tariff of fees for any particular act or service, no addi- tional fee is to be demanded for signature, attestation, or affixing the seal of office; nor may any subordinate in the consulate charge a fee for a service rendered by him in con- nection with any service, official or unofficial, performed by the principal officer and for which the latter has charged a fee. In regard to the verification of invoices, a penalty is pro- vided for charging for blank forms, advice, or for clerical services in the preparation of the declaration or certificate, or for receiving any fee greater than that authorized by law; and if a consular officer collects or knowingly allowsto be col- lected any other or greater fees than are allowed by law for any service, he is liable in treble the amount of the unlawful charge besides the liability to refund it. The practice of charging a personal fee for preparing an invoice is forbidden. In such case the Secretary of the Treasury is authorized to retain the amount of the overcharge out of the compen- sation of the consular officer.^ — R. S., sees. 1716, 172S. Pro- vision lias been made by law for the refundment at the Treas- ury of fees and charges erroneously collected by consular officers from the regularly documented vessels of the United Stales when the claim shall have been made within one year from the date of collection.— ^5 Stat. L., 69, sec. 26. 5.^3 Consul liable for fees not collected If a consular officer who receives a salary omits to collect any fees which he is required to collect for any official service, he is liable to the United States therefor as if he had collected them, unless they shall be remitted, on good cause shown, by the Secre- tary of the Treasury. Receipts must be furnished by all consular officers, salaried or unsalaried, to owners, agents, 208 CONSULAR REGULATIONS. consignees, masters, or commanders of all vessels from whom official fees or ciiarges or extra or arrears of wages of seamen shall be collected.— i2. S., sees. 17^4, 4213. (Paragraph 183.) 524. Tonnage fees — The tonnage fees provided for in fees 10& and 107 of the tariff and fees for granting Forms Nos. 13 and 14 are not charged by feed officers against the Treasury for American vessels running regularly, by weekly or monthly trips or otherwise, to or between foreign ports for more than four trips in a year. These fees are chargeable for each ves- sel on the first four trips in each calendar year. They are chargeable by the consular officer .at the foreign port where the principal offices of the steamship company or owners are located. Thej' are not to be charged at other consular offices on the route, whether within or without the same allegiance. Consular fees other than tonnage fees are chargeable foi official services performed for such vessels; and when a ves- sel makes a special trip to a foreign port other than that to which she runs on her regular trips, the consul at the port thus visited is entitled to receive tonnage fees for the special trip, and the vessels are not exempt from the requirement to deposit the ship's papers at each port where an arrival js made.— i2. S., sec. 1720; 1 Comp. Dec., 374. b'tld. Tonnage fees in Canada — No consul, vice-consul, or con- sular agent in the Dominion of Canada is allowed tonnage fees for any services, actual or constructive, rendered any vessel owned and registered in the United States that touches at a Canadian port. The word "touches" in this statute means that a vessel may enter a port, if such entry is con- nected with the purposes of her voyage. — R. 8., sec. 172tj 8 Saw. , 350. If consistent with such purposes, taken in con- junction with the customs of the particular trade, she may land or load cargo there. Nor are these fees to be charged for such vessels touching at or near ports in Canada on their regular voyages from one port to another within the United CONSULAR REGULATIONS. 209 States, unless some official services required by law shall be performed by the consular officer. This statute, however, is held not to relieve the master of a registered vessel engaged in commerce between the United States and Canada from the provision of law which requires the deposit of the vessel's papers with the consular officer. — 21 Op. Att. Gen. , 190. (Paragraph 175.) 526. No fees for executing pension papers. — Consular officers are not permitted to make a charge for administering oaths required to be made by pensioners and their witnesses in executing their vouchers for their pensions. — 25 Stat. L., 782. (Paragraph 455.) 527. Fees to be paid in gold or its equivalent. — All consular fees when collectible under the provisions of this article are to be collected in gold coin of the United States or its representa- tive value in exchange. They are to be collected at the time when the service is performed, and consular officers are not authorized to give credit for their payment. — R. S., sec. 17^6. 528. Currency tables — Tables showing the value of foreign coin as expressed in the money of account of the United States are prepared quarterly by the Director of the Mint and pro- claimed by the Secretary of the Treasury. — Tariff act of 1894, sec. 25. Tables for reducing gold coin of the United States to English and French currency and other currency tablet will be found in Forms Nos. 149, 161, and 162. (Paragraph 585.) 529. Receipts — Receipts must be given when demanded for all fees which a consular officer is entitled to collect, whether official or unofficial, expressing the service for which they are received. 530. Sworn reports of fees received. — Every consular officer, in rendering his account of fees received, shall furnish a full transcript of the register which he is required to keep, and make oath that to the best of his knowledge the same is true and contains a full and accurate statement of all fees received 17824 c R — -14 210 CONSULAR REGULATIONS. by him or for his use for his official services as such consular officer during the period for which it purports to be rendered. Such oath may be taken before any person having authority to administer oaths at the port or place where the consular officer is located. These accounts are rendered quarterly to the Auditor for the State and other Departments on the pre- scribed forms. (Paragraphs 567-570.) 531. Numbering fees The following rules must be observed in numbering official fees : The fees for the certification of all triplicate invoices, which include invoices of regular im- portations, of animals for breeding purposes; of returned American goods in original packages; of returned boxes, bags, barrels, kegs, carboys, and shocks of American manu- facture; of personal or household effects, or teams of ani- mals owned and used by emigrants, and of works of art, must, in the consul's returns, be included under one separate consecutive series of numbers and corresponding numbers placed upon the invoices or certificates. The fees for landing certificates must bear a separate and distinct sferies of numbers, and corresponding numbers must be written or stamped plainly at the left-hand upper corner on the face of the certificates and marked "consular number." All other fees collected must be numbered consecutively under one series. Each series of numbers for fees should begin anew with No. 1 at the commencement of each calendar year. AH the fees should be entered at length on the fee book furnished by the Department of State, so as to complete the returns in accordance with Forms Nos. 101 and 102, and reported in three groups, as follows : 1. Fees received for certification of invoices and other docu- mentation of merchandise and personal effects for shipment to the United States. 2. Fees for landing certificates. 3. All other official fees. CONSULAR EEGULATIONS. 211 Each fee in groups 1 and 2 should bear the same number as the certificate for which it was received. The groups should be arranged in the order given, and each fee should be so placed in its group as to present in each group a con- secutive series of numbers, beginning with each calendar year. In the column headed "Place of destination of in- voices" (Forms Nos. 101 and 102) should be reported the place to which the triplicate copy of the invoice is sent. Con- sular oflBcers having supervision of consular agents should see that the agents understand and make their returns of official fees in accordance with the directions of this para- graph. 532. Returns of fees The returns of fees must be made, in the manner hereafter indicated, without fail, at the close of each quarter. (Paragraph 568. ) If no fees are received in any quarter, that fact should be reported on the prescribed form under oath. The statute declares a consular officer guilty of embezzlement and disqualifies hi'm from holding any office of trust or profit under the United States who willfully neglects to render true and just quarterly accounts and returns of the business of his office, and of moneys received by him for the use of the United States, or to pay over any balance of such moneys due to the United States at the expiration of any quarter before the expiration ■ of the next succeeding quarter. — B. S., sec. 1734-. (Paragraph 569.) 533. Tariff of official fees. — The following is the revised tariff of official fees prescribed by order of the President under the authority conferred upon him by section 1745 of the Revised Statutes, to be charged by consular officers for official services, in addition to those specifically provided by law. All con- sular charges for official services must be in strict acc^dance with this tariff, and be collected in gold or its equivalent : 212 CONSULAR EEGULATIONS. I. — Miscellaneous Services. 1. Acknowledgments connected with the transfer of United States stock (Paragraph 447) No fee. 2. Certificates to place of birth of emigrants, and only when desired by them _. $0.25 3. Sealing cars coming from Canada. For each manifest with the consul's certificate, including sealing of each car, vessel, bale, barrel, box, or package .25 4. Certificate to emigrant's declaration covering animals, vehicles, and goods— Form No. 128 - - .50 5. For issuing a passport — Form No. 9. _ 1.00 6. For visaing a passport— Form No. 10. 1. 00 7. For administering oath and preparing application for a pass- port -- - 1.00 8. For marriage certificate — Form No. 87 - 1 . 00 9. Landing certificate, including oaths of master and mate, and the complete execution of the certificate, except by consular officers of the United States at posts on the Rio Grande, Mexico, where shall be charged for all debenture certificates as above $2.50 when the declared value is $2,500 or less, and $5 when the declared value is over $2,500 — FormNo.151 _ 2.50 10. To certificate to invoice, including declaration in triplicate or quadruplicate (Form No. 140), covering either direct importations or transit shipments, including any extra or additional certificates not otherwise provided for which are required by law or regulations for use in connection with the entry of the wares or the forwarding of the same inbond 2.50 11. Such extra certificates when no invoice is certified, each 1. 00 13. Extra copies of invoices, each _ 1.00 13. Certificate of disinfection _ _ 2. 50 14. Copies. — For the first hundred words, 50 cents, and for every additional hundred words or less, 25 cents. When par- ties have a right to call for copies, consular officers must make them at this rate. But on request of the proper collectors of customs, copies of documents on file must be supplied free of charge. (Paragraph 697.). The fee for copies may be retained by the consul, but must be ac- counted for. CONSULAR EEaULATIONS. 213 15. For taking into possession the personal estate of any citizen who shall die within the limits of a consulate, inventory- ing, selling, and finally settling and preparing or trans- mitting, according to law, the balance due thereon, 5 per cent on the gross amount of such estate. If part of such estate shall be delivered over before final settlement, 3^ per cent to be charged on the part so delivered over as is not in money, and 5 per cent on the gross amount of the residue. If among the effects of the deceased are found certificates of foreign stocks, loans, or other property, 2^ per cent on the amount thereof. No charge will be made for placing the official seal upon the personal property or effects of such deceased citizen, or for breaking or remov- ing the seals. — Art. XXIII Special fees in Moroce>. (Executive order December S, 1895.) 16. For each certificate of protection $3. 00 17. For each semsar certificate _ 1.00 18. For each certificate of employment _ .50 II.— Services to Seamen and Vessels. 19. For issuing; -preparing, and executing certificate upon com- plaint of crew of bad quality or insufficient quantity of provisions or water (Form No. 37) ; affidavit or certificate of attending physician (Form No. 26) ; receipt for effects of deceased seamen — Form No. 85 No fee. 20. Certificate to a seaman of his discharge — Form No. 18 No fee. 31. Certificate to master to take home destitute American sea- men — Form No. — No fee. 33. Declaration. When seamen were picked up at sea — Form No. 34 No fee. 23. Consul's order to sand seamen to hospital— Form No. 22 No fee. 34. Agreement of master to give increased wages — Form No. 83. No fee. 35. Authentication of each list or manifest of immigrants, with the oaths of master and surgeon attached, up to ten, 35 cents, and for each list above ten, 10 cents — Executive order June 5, 1895. 26. Certificate to the examination required by section 3162 of the Revised Statutes, for each emigrant — Art. — .25 214 CONSULAR EEGtriiATlONS. Filing documents in consulate. 27. Consul's certificate to advertisement for funds on bottomry — Form No. 56. _ $0.25 28. Inventories of- vessels, cargo, provisions, and stores, or either— Form No. 58 25 39. Estimate of repairs of vessel — Form No. 50 _ .25 30. Advertisement of sale of vessel, cargo, provisions, and stores, or either — Form No. 57. _ . .25 31. Letter of master notifying consul of sale of vessel, cargo, provisions, and stores, or either — Form No. 60 .25 32. Of master notifying auctioneer of sale of vessel, cargo, pro- visions, and stores, or either — Form No. 61 .25 33. Accounts of sale of vessel, cargo, provisions, and stores, or either— Form No. 63 25 34. Calls of survey on vessel, hatches, cargoes, provisions, and stores, or either — Form No. 42 _ .25 35. Warrants of survey on vessels, hatches, cargoes, provisions, and stores, or either — Form No. 43 .25 36. Reports of survey on vessels, hatches, cargoes, provisions, and stores, or either — Form Nos. 44 and 48 .25 37. For filing any other document prepared in or out of the con- siilate .25 Declaration and oaths. 38. Declaration and oath of master to one or more desertions, including oaths attached to crew list and shipping arti- cles— Form No. 83 ; _ 50 39. To one or more deaths or losses of seamen overboard at sea, including oaths attached to crew list and shipping arti- cles—Form No. 74 .50 40. To ship's inventories or stores— Form No. 59 .50 41 . To the correctness of log-book — Form No. 75 .50 43. To ship's bills and vouchers for disbursements and repairs — Form No. 76 50 Recor-ding documents. 43. Appointment of new master— Form No. 19 .50 44. Average bonds, when required, for every one hundred words or less— Form No. 160 .50 CONSULAK REGULATIONS. 215 45. Bill of sale, when required, for every one hundred words or less _ _ 0.50 46. Certificate given to master at his own request, when required — Foim No. 23 _ _ _ .50 47. Consul's letter to captain of port, or authorities, in cases of sinking vessels — Form No. 53 ._ .50 48. Order and consul's certificate to pay seamen's wages at home— Forms Nos. 80 and 81 .50 49. Powers of attorney, when required, for every one hundred words or less^ .50 50. Protests of masters and others, other than marine protesta, for every one hundred words or less .50 51. Calls of survey on vessel, hatches, cargo, provisions, and stores, or either; warrants and reports thereof; estimates of repair ; certificates of consuls to advertisements for funds on bottomry, and of sale of vessel; inventory of vessel, cargo, provisions, and stores; letter of master to consul notifying sale of vessel, cargo, provisions, and stores, or either; letter of master to auctioneer, and account of sales of vessel, cargo, provisions, and stores, or either, for every one hundred words or less of any document required to be recorded, except consul's certificate to masters taking home American seamen .50 52. Any other document or instrument of writing not herein named or enumerated, prepared in or out of the consulate, and required to be recorded, for every one hundred words or less .50 Acknowledgments. 53. Of the master to bottomry bond, with certificate under seal— Form No. 69 1.00 54. Of the master to a mortgage or mortgage bill of sale of vessel - - - _ _ _ - . 1.00 55. Of the master to an order for payment of seamen's wages at home, including making up of the order if required — Forms Nos. 80 and 81 -- 1.00 56. Of assignment of bottomry bond — Form No. 71 1 . 00 57. Of the vendor to a bill of sale of vessel 1.00 216 CONSULAR KEGULATIONS. Certificates. 58. To indorsement of bottomry on ship's register — PormNo.73_ $1.00 59. To ditto on payment of bottomry on ship's register — Form No. 73 -- 1.00 60. To ditto of new ownership on ship's register — Form No. 78. 1. 00 61. To canceling ship's register — Form No. 67 1.00 63. To the deposit of a ship's register and papers when required by custom-house authorities - - 1.00 63. In cases of vessels deviating from the voyage — Form No. 77_ 1. 00 64. To the ownership of a vessel— Form No. 78 1. 00 65. To roll or list of crew, when required by the captain or au- thorities of the port— Form No. 79 ._ ' liOO Shipping or discharging seamen. 66. For every seaman who may be discharged or shipped, in- cluding the certificates or acknowledgment thereof at- tached to crew list and shipping articles — Forms Nos. 16, 17, and 83 1.00 Consul's orders. 67. To send seamen to prison— Form No. 31 1. 00 68. To release seamen from prison — Form No. 82 _ 1 . 00 69. To authorities or captain of the port, in cases of sinking vessels— Form No. 58 : 1 . 00 70. Requesting the arrest of seamen — Form No. 84 1. 00 71. Notice to master of result of examination on complaint of crew— Form No. 38 ,..1 1.00 73. Warrant of survey on vessels, hatches, cargo, provisions, and stores, or either — Forms Nos. 48 and 47 1 . 00 78. Notifying surveyors oi their appointment - 1.00 74. For any other letter or order of like character 1.00 Authenticating copies of papers.* 75. Of advertisements for funds on bottomry — Form No. 56 1. 00 76. Of inventories and letters, or either, of master — Form No. 62. 1.00 *When it is possible to embrace several signatures in one certificate, the consul will do so, and but one fee will be charged for such certifi- cate. CONSULAR EEGULATIONS. 217 77. Of account of sales of vessels, cargo, provisions, and stores, or either — Forms Nos. 57 and 65 $1.00 78. Of call, warrant, and report of survey on vessel, hatches, cargo; provisions, and stores, or either — for example, see FormlSro.52 1.00 Authenticating signatures* 79. To average bonds— Form No. 160 1.00 80. To estimate of repairs of vessel — Form No. 51 1. 00 81. To (auctioneer's) account of sale of vessel or cargo, pi-O- visions, or stores — Forms Nos. 63 and 64 - - r = 1-00 83. To reports of survey on vessel or cargo, provisions, or stores — Forms Nos. 45 and 49 1.00 Protests. 83. For noting marine protests — Form No.37 2. 00 84. For extending marine protest — Form No. 38 3. 00 '85. And if it exceed two hundred words, for every additional one hundred words - ..- - .50 86. Protest of master against charterers or freighters — Form No. 39 3.00 87. Authenticating copies of marine note of protest — Form No. 37 1.00 88. Authenticating copy of extended protest — Form No. 38 1. 00 Miscellaneous services to vessels. 89. For consul's seal and signature to clearance from custom- house authorities f... 2. 00 90. For clearance when issued by the consul, as at free ports. . 2. 00 91. For entry of result of examination in vessel's log book — Form Np.29 , 3.00 93. Certificate to appointment of new master, including oath of master— Form No. 19 3. 00 93. Certificate given to a master at his own request — for exam- ple,Form No. 33 1.00 *When it is possible to embrace several signatures in one certificate, the consul will do so, and but one fee will be charged for such certifi- cate. f This service should be performed only when requested by the mas- ter of the vessel. 218 CONSULAR REGULATIONS. 94. Certificate to conduct of crew on board in cases of refusal of duty and in cases of imprisonment, etc. — Form No. 40 $3. 00 (95. To bill of health 2.50 (96. For the visa or indorsement of a bill of health .50 97. Certificate to a vessel's manifest 2. 50 98. Certificate to the purchase of foreign-built or American vessel abroad — Form No. 35 2. 50 99. Certiflcatetomanifestoffish, oil, bones, etc. — FormNo. 158 2.50 100. Certificate to decision and award in cases of protest against masters, passengers, or crew — for example, see Form No.41 5.00 101. For attending an appraisement of goods or effects, daily. . 5. 00 103. For attending valuation of goods, for every day's attend- ance during which the valuation continues .- 5. 00 103. For attending sale of goods, for every day's attendance during which the' sale continues,. .^ 5.00 104. For attending sale of vessel, when required 5.00 105. For attendance at a shipwreck, or for the purpose of assist- ing a ship in distress, or of saving wrecked goods or property, over and above traveling expenses, a per diem of $5, whenever the consul's interposition is required by the parties interested 5.00 Receiving and delivering ship's papers. 106. For receiving and delivering ship's register and papers, including consular certificates, as prescribed in Forms Nos. — and — , 1 cent on every ton, registered measurement (net) , of the vessel for which the service is performed, if under 1,000 tons; but American vessels, running regu- larly by weekly or monthly trips, or otherwise, to or between foreign ports, shall not be required to pay ton- nage fees for more than four trips in a year; and tonnage fees shall not be exacted from any vessel of the United States touching at or near ports in Canada on her regular voyage from one port to another within the United States, unless some official service required by law shall be performed .01 107. And for every additional ton over 1,000, one-half of 1 cent. * Not to be collected from foreign war vessels. OONSXJLAB EEGULA.TIONS. 219 Article XXVII. CONSULAR ACCOUNTS AND RETURNS. 534. GeneTal accounts. — Consuls are required to keep the following general accounts when the business of their offices renders them necessary: (1) "Contingent expenses, United States consulates;" (2) " Allowance for clerks at consulates;" (3) " Relief and protection of American seamen ;" (4) Salaries, consular service;" (6) "Record of official fees;" (6) "Pay for services to American vessels and seamen;" (7) "Compen- sation from consular fees received;" (8) "Loss by exchange, consular service. " These, with other accounts and documents hereinafter explained under their proper heads, are, some of them, called "accounts" and some styled " returns " in the statute. 535. Special accounts — In case a special account for any other purpose is opened by request of any Department, that account will be kept separate, and a separate return thereof made to the proper Department. Expenditures incurred for any other Department are not to be included in any account against the. Department of State. 536. To be made quarterly — All accounts, except the final account and the accounts for salary while awaiting instruc- tions and while going to the post, must be rendered at the close of the calendar quarter, viz: On the 31st of March, 30th of June, 30th of September, and 31st of December. The quarters are to be designated thus: " Quarter ending March 13, 189-;" " Quarter ending June 30, 189-;" "Quarter ending September 30, 189-;" and "Quarter ending December 31, 189-." If not rendered on the day, the Department of State must be advised of the reason for the delay, and the accounts must be forwarded by the earliest possible mail. 537. Not to cover different fiscal years No one account should 220 CONSULAR REGULATIONS. embrace time or transactions belonging to different fiscal years of the Treasury. Treasury appropriations and adjust- ments are confined to the fiscal years ending June 30, and when, for instance, a transit-salary period or an expenditure for the relief of a seaman extends from one fiscal j'ear into another, two accounts should be rendered. 538. Accounts to be sent to Department of State. — The follow- ing separate accounts are to be transmitted to the Depart- ment of State: The salary account of a consul-general who is also accredited as minister resident (Form No. 125) ; account for contingent expenses, United States consulates (Form No. 90) ; account for allowance for clerks at consulates (Form No. 1 65) ; account for salaries, marshals for consular courts (Form No. 165); account for salaries, interpreters to consulates in China and Japan (Form No. 166) ; account for expenses of interpreters and guards in Turkish dominions (Form No. 165) ; account for expenses of prisons for American convicts (Form No. 165); account of fees received by marshals of consular courts and of the expenditures, to be supported by vouchers ; account for expenses incurred in the arrest and transportation of persons charged with crime; account for expenses of acknowledging the services of masters and crews of foreign vessels in rescuing American seamen and citizens; and any account specially ordered by the Department of State. 539. Accounts to be seat to the Auditor. — The following sepa- rate accounts are to be sent to the Auditor for the State and other Departments: Account for relief and protection of American seamen (Form No. 94); account for salaries, con- sular service (Forms Nos. 106, 108, 112, 116) (the account of a consul-general who is also accredited as secretarj' of legation is to be sent to the Auditor for the State and other Departments) ; record of official fees (Forms Nos. 101 and 102); account for pay of consular ofl&eers for services to American CONSULAR KEGULATIONS. 221 vessels and seamen (Form No. 167); aceoant for compensa- tion from consular fees received (Form No. 116) ; account for salaries of consular clerks (Form No. 165) ; account for loss and gain by exchange, consular service (Form No. 92) ; and any account specially ordered to be sent to the Treasury Department. 540. Preparation of accounts The quarterly or other accounts sent to the Department of State should be inclosed in a single dispatch. An account ordered by special instructions should be sent in a separate dispatch. A transcript of all accounts should be recorded in the proper consular record. Dispatches forwarding quarterly accounts or transmitting advice of drafts should not be numbered. (See also para- graph 117.) 541. To be stated in currency of the United States All accounts of consular officers must be stated in the currency of the United States; and all drafts on the Secretary of the Treasury or the Secretary of State must be drawn, not in foreign money of account or currency, but in the money of the United States. In all cases when the disbursements are actually made in foreign currency the vouchers themselves should be taken and rendered to the Treasury in the same currency in which the disbursements are made ; and when the value quoted in the Secretary of the Treasury's quarterly proclamation of value of foreign coins (paragraphs 528, 585) is not used in the reduction of the payments to the currency of the United States, satisfactory evidence should accompany the accounts as to- the correct valuation of such foreign currency in the coinage of the United States, or the standard money of the country in which the transaction occurred, either in the form of a certificate of a responsible banker or of the consular officer himself based on authentic quotations. (See paragraph 678. ) Where a currency foreign to the standard currency of the country where the consular officer is located or a depreciated 222 CONSULAR EBGULATIONS. currency of said country is involved, a certificate must be furnished showing the relative value of the foreign or depre- ciated currency to the standard coinage of the foreign country where the consular officer is located. VOUCHEES. 542. Unless otherwise specially instructed, a proper and satisfactory voucher must be furnished for every disburse- ment by consular officers. Vouchers should be in the Eng- lish language, or, if not, they should be accompanied by a careful translation. They should be full, showing exactly what the disbursement was for, and should be numbered and referred to in the corresponding account by number. Vouchers in a foreign language not accompanied by trans- lations will be suspended by the accounting officers. In all cases they must be original. Copies of vouchers will not be audited. (As to vouchers for telegrams, see paragraph 462.) CONTINGENT EXPENSES, UNITED STATES CONSULATES. 543. The account for contingent expenses (Form No. 90) is to be transmitted by consular officers to the Secretary of State at the end of each quarter. It must contain every item of necessary disbursement made by him during the quarter for which it is rendered which he deems properly chargeable to the Government and for which an allowance is claimed. — 29 Stat. L., 38. These items are divisible into three classes: 1. Those expressly allowed by the Consular Regulations. 2. Those specially authorized in writing by the Department of State. 3. Those made under pressure of an emergency. In every case the expenditure must be necessary in its nature, reasonable in its amount, and appropriate to the par- ticular consulate for which it is made. Expenditures under the second class will only be authorized CONSULAR KEGULATIONS. 223 upon written statement of the consular officer, showing the necessity therefor; and where authorized, if for one or more specific items, such authorization will expire when payment therefor has been made; if for regular expenditures from time to time, it will become void at the expiration of the time fixed therein; but in no case shall any authorization above provided for be effective after the termination of the fiscal year in which it was issued. Where expenditures are made under the third class the voucher therefor is to be accompanied by a sworn statement of the consular offtcer, setting forth the nature of the emergency calling for such expenditure, and forwarded to the Secretary of State with his next quarterly account. If the fees applied as directed in paragraph 567 fail to meet this account, the consul will draw for the deficit on the Sec- retary of State. 544. Rent, salaried consuls. — Consuls and commercial agents in Schedule B, whose annual salaries exceed $1,000 a year, may charge for rent the sum actually x^aid by them, to an amount not exceeding 20 per cent of the salary named in the statute. The voucher must show that the office is devoted solely to the business of the consulate, and though a consul may occupy a part of the building in which he may have his consular offices as a residence for himself and family, onlj^ such part of the premises as are actually occupied for the use of the consular office can be -paid for out of the Government's allowance for rent. Consular officers whose annual salaries do not exceed $1,000 a year are not entitled to any allowance for office rent, and no application for such an allowance will be considered. (For form of the voucher for office rent see Form No. 91.)— i?. S., sec. 1706. (Paragraphs 64-67.) 545. Rent, unsalaried consuls. — -Unsalaried consuls are not entitled to rent, unless the fees collected or fees collected and due for services to vessels exceed the amount which they 224 OONSTJLAK EEaULATIONS. are allowed to receive for their Compensation. In no event can they receive from these sources more than the amount actually paid for rent, which must never exceed the rate of $500 for the year. They are not authorized to draw for the expense of office rent or for their compensation either upon the Department of State or the Treasury. The receipts out of which office rent may be paid are those of the consu- late, exclusive of such as may arise from consular agencies. — R. S., sec. 17S2: 646. Postage Consular officers will be required to accom- pany their postage account with proper vouchers, showing the number and denominations of the stamps purchased and charged for in the account. (Paragraph 542.) Postage is not to be charged in the account of a consular officer except on dispatches and letters received and written by him on official business and by reason of his office. (Paragraph 459.) The accounts for this disbursement will be carefully examined. The Treasury Department has decided that it is unlawful for consular officers to buy postage stamps with Government funds for their private or business letters, or to include in their accounts their private postage as a part of their expen- ditures for the Government. No allowance for postage of a purely personal character will be made. (Paragraph 445.) 547. Economy in postage — Consuls will take care to avoid unnecessary expenditures for postage. The use of light paper in formal returns, the limitation of their size, and the excision of blank half sheets from short inclosures are sug- gested as means to this end. 648. Stationery — The stationery ordinarily needed in a con- sular office is in general furnished by the Department of State. A schedule of all the articles furnished to consulates is sent out periodically. By prompt notice to the Depart- ment of deficiency likely to occur, consuls need never be forced to purchase such articles in the local market. CONSULAE KBGtJLATIONS. 225 549. Freight and charges on boxes and packages to and from the Department. — When boxes and packages are addressed to or from the consul, the voucher should be accompanied by a brief memorandum, showing in general terms their contents. 550. Flagstaff and fixtures, flag, seal and press, record books, and blank forms. — Principal consular oiflcers are authorized to purchase a suitable flagstaff and fixtures on permission first obtained from the Department of State. Flags, seals and presses, record books, and blank forms are supplied by the Department on requisition. 551. Furniture — It is expected of consular of&cers that their offices should be suitably and respectably furnished. For this purpose they are allowed for furniture such articles as the Secretary of State shall deem necessary for the good of the service. In all cases, before incurring expense for fur- niture, consular oflicers will obtain the sanction of the De- partment of State; and in their applications they will be careful to state the articles required and the estimated cost of each. (Paragraph 431.) 552. Binding — A consular ofacer should, as fast as the cor- respondence accumulates in sufSicient quantities, cause it to be neatly bound in the manner prevailing in the consulate. If practicable, it is better to have this work done at his office. The cost is a proper item of contingent expense. Consular reports and printed documents received at the consulate should not be bound without permission obtained after sub- mitting an estimate of the cost. 553. Charges not allowed, etc — No allowance will be made to consular officers for expenditures for the following objects: Repairs, or care, or cleaning of oflfice or attendance ; dona- tions, taxes, carriage hire, traveling expenses, statistics, newspapers, messenger service, and Chinese writers, unless authorized; contributions to charitable or other objects; for- eign flags; telegrams, except in cases of exigency; printed 17824 c R ^15 226 CONSULAK REGULATIONS. books or maps; clerk hire, unless provided for by law and under authority from the Department of State; or for copy- ing or translations, except when made by special order of the Department. Repairs, however,, of the official seal or of fur- niture, and the expense of moving the archives and property on a change of location of the consulate, are proper charges against the Government. So also is the amount of duties and charges paid at foreign custom-houses on official supplies of stationery, flags, furniture, or other articles sent by the De- partment. Fireproof safes are provided only for the more important consulates and upon satisfactory representation of the necessity for their use. ALLOWANCE FOR CLERKS AT CONSULATES. 554. The account for allowance for clerks at those ofi&ces for which it has been provided (paragraph 27) must be ren- dered separately to the Department of State. It should be accompanied by the receipt of the person employed as clerk, and by the consul's certificate that the service has been per- formed as charged for, and that the account is correct and just. If it is necessary to draw for the amount (paragraphs 567, 572), or for any part of it, the draft should be a separate draft drawn upon the Secretary of State. (Form No. 114.) CONSULAR COURT AND PRISON ACCOUNTS IN NON-CHRISTIAN COUNTRIES. 555. Accounts for salaries of marshals, interpreters, and guards Consuls will pay the salaries of marshals at consular courts; the salaries of interpreters at consulates in China, Japan, and Zanzibar; and the expenses of interpreters and guards in Turkish dominions. Separate accounts and vouchers for such payments should be forwarded quarterly to the Department of State in the same dispatch transmitting accounts for con- tingent expenses and clerk hire. Drafts for these accounts CONSULAR REGULATIONS. 227 should be drawn upon tlie Secretary of State. (Form No. 165 ; paragraph 517.) 556. Expenses of prisons for American convicts. — The account for expenses of prisons for American convicts is to be trans- mitted quarterly, with the necessary vouchers, when such expenses shall have been incurred, to the Department of State. This account covers the actual cost of rent of prison and of keeping and feeding prisoners. It also covers the wages of keepers at Shanghai, Kanagawa, and in the Turk- ish dominions. It is provided by law, however, that no more than 50 cents per day for the keeping and feeding of each prisoner while actually confined shall be allowed. It has been decided that the cost of prison rent is not to be computed in this per diem allowance; and medical attend- ance and medicines, when required, are also exempted from being included. Wages of keepers at Shanghai, Kanagawa, and in the Turkish dominions are especially provided for in the law independently of the 50 cents per day limit. But no allowance shall be made for the keeping and feeding of any prisoner who is able to pay or does pay the above sum of 50 cents per day, and the consular officer shall certify to the fact of inability in every case. Form No. 165 is suitable for use in rendering this account. — 'B8 Stat. L., 82 J^. RELIEF AND PROTECTION OF AMERICAN SEAMEN. 557. Accoimts relating to seamen.— The returns to be made un- der this general account are : (1) Statement of relief of seamen and account current (Form No. 94) ; (2) detailed list of seamen discharged, shipped, deserted, and deceased (Form No. 124); (3) return of seamen who have come upon the consulate other- wise than in the employment of vessels or by regular discharge therefrom (Form No. 126). All of these returns are to be transmitted to the Auditor for the State and other Depart- ments. But it is not necessary to send the blank forms when 228 CONSULAK EEGXJLATIONS. there have been no transactions relating to seamen; men- tion of the fact by the consular officer in a dispatch will be sufficient. The third form mentioned, Form No. 126, is to be filled up and forwarded on the date of the arrival of the seamen at the consulate. The others are to be rendered quarterly. Attention is called to previous instructions herein for infor- mation as to the items to be embraced in the account for the relief of seamen and the vouchers to sustain them. (For forms of sundry vouchers, see Forms Nos. 95, 96, 97, and 98.) 558. Statement of relief of seamen and account current. — This re- turn should be prepared as shown in Form No. 94, and should be a complete statement of the entire receipts and disburse- ments on account of seamen during the quarter for which it is rendered. Where seamen have been discharged with one month's extra wages, the grounds on which they have been so discharged should be noted on the statement in the column headed "Remarks." So, also, where seamen have come upon a consulate casually, or otherwise than in the employment of vessels or by regular discharge therefrom, the manner in which they came upon the consulate should be stated, with the names of the vessels on which they were last employed and the ports to which they belong; and particulars (as full as pos- sible) should be given showing how and why such seamen left the employment of their vessels. The statement of account at the bottom of the form should show on the debit side the amount disbursed for the relief of seamen and the balance of wages paid to the seamen, and on the credit side it should show the full amount of extra wages and arrears and other moneys received for seamen. For any balance that may be due from the United States on this account, the consul may draw on the Secretary of the Treasury, unless he has in his hands sufficient funds to pay the same from surplus fees. 559. Detailed list of seamen discharged, shipped, deserted, and deceased (Form No. 124), — This return is clearly explained by CONSULAR REGULATIONS. 229 its title. Consular officers are required by section 7 of the act of June 26, 1884, to collect all arrears of wages due to seamen at the time of their discharge. — 23 Stat. L., 65, sec. 7. A return of these wages, and of the extra wages collected, should be made quarterly on this form to the Auditor for the State and other Departments and should be accompanied by the seamen's receipts therefor. (Form No. 164. ) 560. Ships' bills to be made in duplicate ^AU consular bills against vessels of the United States for moneys collected shall be made in duplicate and shall show each item of charge, including all moneys received for wages and extra wages, corresponding in these respects to the entries in the "Ship's daily journal" (Form No. 135). The originals of such receipts are to be delivered to the master of the vessel; and the duplicates, after being countersigned by the master, are to be sent by the consular officer as vouchers to the proper quarterly account to the Auditor for the State and other Departments. In case the signature of the master can not from any cause be obtained, the reasons therefor should be reported to the Auditor at the time of sending the ac- count. (Paragraphs 183 and 523.) SALARIES, CONSULAR SERVICE. 561. Receiving instructions The first salary account will be stated for the time, not exceeding thirty days, during which the consular officer is receiving his instructions. (Form No. 106.) The time can not begin prior to the date of the oath of office. (Paragraph 492.) The draft therefor is drawn be- fore departure. A certificate (Form No. 107) of the number of days occupied in receiving instructions should accompany the account. No allowance of salary, however, on account of time occupied in receiving instructions is made when the appointee is out of the United States at the time of appoint- ment. 230 CONSULAB KEGULATIONS. 562. Drafts and accounts for instruction period. — Drafts ami accounts for the instruction period should, when practicabk", be made out with the assistance of the accounting ofiicers of the Department of State. This account is to be sent to the Auditor for the State and other Departments. 563. Transit and awaiting exequatur A separate account must be stated for the time occupied in transit from the resi- dence of the consular officer to his post of duty. (Form No. 108.) This account must be accompanied by a certificate (Form No. 109.) The transit must be made in the shortest time in which it can be accomplished by the ordinary routes of travel. In no case can a draft for transit salary be drawn before the journey is completed. Consular officers coming home after retiring from office will not be allowed transit salary unless the return home takes place within a reasonable time after delivering up the office or being otherwise relieved from its duties. The final or home- transit account must be accompanied by a certificate (Form No. 111.) If the consular officer, after arrival at his post, is obliged to wait for his exequatur or is delayed in taking charge of the office, the account for the time so occupied should accompany the transit account, and he should certify in regard to the time thus actually and necessarily occupied as in the case of transit. The Department of State should be promptly advised by consular officers of the time occupied by them in making the transit to and from their posts of duty at the beginning and termination of service, and also of the time while awaiting the receipt of authority to act at their posts. 564. Final account and draft. — It is also a rule of the Treas- ury Department not to pay any draft for final account until all the accounts of the officer shall have been received and CONSULAR KEGULATIONS. 231 adjusted. It is therefore unsafe to draw on final account until tlie letter of advice thereon is received. 566. Salary account current and certificate as to absence. — After tlie consul arrives at his post and enters upon his duties, the regular accounts should be rendered quarterly, the quarters ending March 31, June 30, September 30, and December 31. The first account at his post should embrace the period from the date of entry on duty to the end of that quarter, and after this the accounts should be rendered for the full quarter, except when broken by the changing of the officer's term of service, or by his going away on leave of absence. Mode of stating. — The mode of stating the salary account current of a consular officer is shown in Form No. 112. If the officer be also minister resident, his salary account should follow form No. 125. The first account rendered after entry upon duty should be accompanied by a certificate (Form No. 110) showing the day on which the consular officer took charge of the office ; and that account and all subsequent ones should be accompanied by a certificate as to absence (Form No. 113), showing how many days the officer has been absent from his post and duty during that quarter, and whether by leave or otherwise. 566. Drafts for residue of salary. — When the amount received by any salaried consular officer on account of official fees dur- ing the quarter shall be less than his salary for such quarter, he may draw on the Secretary of the Treasury for the difference at fifteen days' sight. It must be stated on the face of the draft that it is for the residue of salary, designating the quarter in which the deficiency occurred for which it is drawn and whether payable in coin or currency. The account of the receipts of the consular officer during the same quarter must precede the draft, so that it may be received and adjusted by the accounting officers prior to the presentation of the draft. 232 CONSULAK KEGULATIONS. The drafts of consular of&cers on account of their salaries ■will not be honored, unless drawn in the manner stated in these Regulations (paragraphs 507, 516, 517, 578, 583) and accompanied with the official statements and certificates herein pointed out. For the form for the draft upon the Secretary of the Treasury for salary, see Form No. 114. 567. General quarterly account current when surplus of fees. — When the quarterly account shows a surplus due the Gov- ernment, the account should be stated in the return in the manner shown in Form No. 116, instead of in the manner shown in Form No. 112. For the mode of calculating con- sular salaries, see Form No. 131. — 28 Stat. L., 652. Disposition of fees. — The fees collected during each quarter will be applied: (1) to the payment of the compensation of the consular officer; (2) to the authorized disbursements for office rent and miscellaneous expenses; (3) to the allowance for clerks at consulates; (4) to the relief of destitute seamen; (5) to the expenses of arrest and transportation of persons charged with crime; (6) to any other authorized account, as stated in paragraphs 534-540; (7) to the expenses incurred under special instructions. . If, after the payment at the close of each quarter of the several accounts mentioned in the foregoing paragraph, there shall still remain in the hands of the consul a surplus, he shall deposit the same with Messrs. Brown, Shipley & Co., London, or the Treasurer of the United States, taking a re- ceipt, which must accompany his next salary account. No authority can be given to a consular officer under which he can be relieved of his liability for fees or other pub- lic moneys in his possession deposited with banks or bankers other than the designated bankers of the United States. All such deposits are made at his own risk; and in the event of loss bj' failure of the bank, or otherwise, the consul must CONSULAR REGULATIONS. 233 make it good, and the sureties on his official bond are liable for such loss. Interest accruing on public moneys volunta- rily loaned by a consular officer to a bank or other borrower belongs to the Government and must be accounted for and treated as an official receipt.— i55 JJ. S., 273, 289. When expenses exceed fees. — In case the fees should exceed the salary and still come short of paying all the several ac- counts, and the balance of the general account current should be in favor of the officer, it should not be drawn for in one draft, as though it is all for salary; but the draft or drafts should be made for the amount or amounts due on the respec- tive accounts which are not covered by fees, and the account specified, both in the account current and draft. (Para- graph 578.) OFFICIAL FEES. 568. Return of official fees — All consular officers, whether salaried or unsalaried, will make a quarterly return directly to the Auditor for the State and other Departments, and not through the Department of State, of all official fees re- ceived during the quarter for services of whatsoever kind. A separate return must also be made for each consular agency; Each return must be sworn to by the officer who collected the fees. Fees collected by a principal officer in the absence of an agent for official acts which the agent would have performed if he had been present at his post must be included in the principal officer's return, and not as part of the business of the agency. If no fees have been received, that fact must be stated on the return. If the consular officer resides at a sea- port, the return should be as shown in Form No. 101. If he resides at an inland place, it should be as shown in Form No. 102. Consular officers will be required to state clearlj^ in their returns the exact nature of each fee, both on account of 234 CONSULAR BEGULATIONS. services to vessels and otherwise. The fees must be tabulated by the consular officer and entered in the accounts current (Forms ]^os. 112 and 116) according to the headings therein given. Consuls-general ivho are also ministers to make reports of fees. — Consuls-general who are accredited as ministers resi- dent should also forward the quarterly return of consular fees as above required; and when such officer shall have occasion to credit consular fees, it should be done in his account for salary. Passport fees received by a minister resident and consul-general should be credited in his account for contin- gent expenses of foreign missions. 569. Neglect to report fees — It is provided by law that any consular officer of the United States who shall willfully neg- lect to render true and just quarterly accounts and returns of the business of his office and of moneys received by him for the use of the United States, or who shall neglect to pay over any balance of such moneys which may be due to the United States at the expiration of any quarter before the expiration of the next succeeding quarter, shall be deemed guilty of embezzlement of the public moneys, and shall, on conviction thereof before any court of the United States having juris- diction of like offenses, be punished by imprisonment not exceeding one year and by a fine not exceeding $2,000, and shall be forever disqualified from holding any office of trust or profit in the United States. — E. 8., sec. 17S^. (Para- graph 532.) 570. Aggregate of fees — Consular officers must also, on the 30th of June in each year, make a return to the Department of State, in the form given in Form No. 105, of the aggregate of official fees received at the consulate and the consular agencies connected with it during the fiscal year ending on that day. CONSTJLAR EBGULATIONS. 235 DRAFTS AND ACCOUNTS DURING ABSENCE OF SALARIED PRINCIPAL OFFICERS. 571. Principal and vice consular officers, being under sepa- rate official bonds, should render separate accounts of the business of their offices for the time they may each, respec- tively, be in charge. In the absence of a principal salaried officer from his post, by leave or otherwise, in' excess of the ten days' limit prescribed by section 1741 of the Revised Statutes, all the accounts and vouchers up to the day of his departure from, and from and after the day of his arrival again at, his post must be rendered in his own name, and the accounts of the time of the vice-consular officer who may be in charge must be rendered in his own name. The prin- cipal officer should also render a statement of account for the salary due to him while he is absent from his post. The agreement, if any exists, between the officers in regard to compensation should be furnished with the accounts; or, if the principal consular officer is to receive the full salary, a waiver of the vice-consular officer is all that is necessary. In the absence of agreement or waiver the accounts will be settled under the provisions of paragraph 506. Any com- pensation accruing to the consulate from the fees and Serv- ices of the agencies will be subject to a like division with the salary, unless a diilerent agreement shall be furnished. Drafts for the salary of a vice-consular officer must be in his own name, and drafts for the salary of a principal at or absent from his post must be in his own, name. In case one of the officers should pay to the other his salary or compen- sation out of the fees in his hands, receipts must be taken for the amounts so paid and be forwarded with the accounts. Pees or other moneys which may be turned over from the one officer to the other must be receipted for and credited ■236 CONSULAE EEGULATIONS. and charged in their respective accounts. A vice-consular officer must accompany his accounts with the certificate as to absence (Form No. 113) in the same manner as the princi- pal oificer. COMPENSATION FROM CONSULAR FEES RECEIVED. 572. This account appertains to those consular officers who receive their compensation from the fees they collect for their official services. They should render quarterly to the Audi- tor for the State and other Departments an account current, together with a certificate as to absence (Form No. 113) and the record of fees. Form No. 116 can be adapted to the purposes of the account current. In no case is authority granted these officers to draw upon the Government for com- pensation, or for the expense of office rent, or for clerk hire payable out of fees. These accounts being contingent upon ■ the annual receipts from fees, they will not be adjusted at the Treasury until the close of the fiscal year, which ends June 30 of each year. But if the consular officer's term of service should be for a fractional part of the fiscal year, his account will be adjusted for the part of the year while he was in charge, and will be settled independently of the receipts during the other portion of the fiscal year. (Paragraph 498.) A surplus of fees due to the Government in one fiscal year can not be applied to compensation or clerk hire or office rent for another fiscal year. When a principal officer is entitled to receive, besides fees, an amount for pay for serv- ices to vessels and seamen, his account wiU be settled quar- terly. The accounts and vouchers for office rent and clerk hire to be paid from the excess of fees over the compensation must be sent to the Department of State. — 11 Fed. Rep.,Jfi6. 573. Accounts during absence of feed principal officer. — Para- graph 671 is also applicable in the absence of a principal CONSULAK REGULATIONS. 237 officer who is compensated by fees, so far as the rendition of separate accounts and the furnishing of the certificate relating to absence are concerned. The law {R. 8. , sec. 1782) provides that only the excess of fees shall be held subject to the direc- tion of the Secretary of the Treasury, and therefore the Treas- ury Department does not assume any control in the matter of a division of the compensation between the principal officer and the vice-consular ofiicer during the absence of the former ; but yet it is necessary under his bond that the accounts of each shall be rendered and settled separately. Each of these offi- cers will therefore render separate accounts of fees, services to vessels, and disbursements for the time he shall be in charge with all the vouchers in his own name, together with the requisite certificate relating to absence. (Form 113.) The compensation accruing during the time each shall be in charge will be credited in full in each respective settlement and each officer will be held for whatever of excess of fees may be found due the Government for the time of his service. The same rule will also be followed in the settlement of the compensation and fees of the agencies connected with unsal- aried consulates. But neither the principal consular officer nor the vice-consular officer is to be prevented from receiving compensation to which he may be legally entitled out of any surplus of fees for services performed by the other during the portion of the fiscal year he may have been in charge. ACCOITNTS FOR PAY FOR SERVICES TO AMERICAN VESSELS AND SEAMEN. 574. Accounts by feed officers. — Consular officers who are com- pensated from fees collected and payment for services per- formed for vessels should, in addition to the record of fees (Form No. 101), render quarterly accounts to the Auditor for the State and other Departments for said services in the 238 CONSULAR EEaULATIONS. manner shown by Forms Nos. 167, 168, and 169, explained in the following paragraph : The accounts for services will be adjusted quarterly, ex- cept those of consular agents, which will be adjusted at the close of the fiscal year. The amounts which may be found due on accounts for official services will be remitted by Treasury drafts payable to the order of the officers to whom the amounts are due. No payments can in any case be made on account of official services until the accounts have been adjusted at the Treasury Department. Consuls are therefore forbidden to draw drafts on the Treasury for pay for services to vessels and seamen. 575. Statement of official services for shipmaster (Form No. 167) This form must be issued in duplicate, one copy to be furnished to the master of the vessel for whom the services are performed and the other to be transmitted with the ac- counts to the Auditor for the State and other Departments. This form must contain the items of the services performed and the amount claimed therefor. It mUst be signed by the consular officer and certified as correct by the shipmaster. The tariff number of the official fee must appear in the column for "No. of fee," opposite each item of service, show- ing the authority for the charge. — 23 Stat. L., 56, sec. 12. Detailed report of official services to American vessels and seamen. — This report (Form No. 168) must contain a detailed report of all the official services rendered during the quarter. It must show the dates, names of vessels, names of masters, the ports to which the vessels belong, nature of services, aiid amounts charged therefor. This form is to be sworn to be- fore an officer authorized to administer oaths. Under the head of "Remarks "on this form the consular officer should explain opposite the name of each United States steamer for which the fee No. 106 of the tariff of fees is charged CONSULAK REGULATIONS. 239 ' ' for receiving and delivering ship's register and papers, " etc. , the nature of the trip of the vessel, whether "running regu- larly by weekly or monthly trips, or otherwise," and state " the foreign port where the principal offices of the steamship com- pany or owners are located." "When a charge is made of fees Nos. 28 or 46 of the tariff of fees, the fact of the service being required by the custom-house or port authorities must be stated in the oath of the consular officer to the said form; and it must also be stated in the oath of said form that each vessel for which the fee No. 106 of the tariff of fees is charged therein is a registered vessel of the United States, and where this fee is charged at Canadian ports the consular oflBcer must include in his oath an additional statement, that a reg- ular entry and clearance was made at the custom-house in the case of each vessel where such fee is charged. — B. S., sees. 1720, 1722, 1^22. Account current for fees and services. — An account current (Form No. 169) must be furnished, on the debit side of which should be charged, in separate entries, the amount of com- pensation received from ofBcialfees collected and the amount claimed for official services to American vessels and seamen ; and on the credit side should be entered the amount of offi- cial fees collected (Form 101) and the balance claimed to be due, closing the account. 576. Consular agents' accounts. — Consular agents will be gov- erned by the foregoing requirements in relation to official services, and will render their quarterly reports in accord- ance with the prescribed forms to the principal consular officer, who will transmit the same to the Auditor for the State and other Departments. In order to secure payment to himself of the amounts due to the agents for services rendered by them, the principal consular officer must furnish receipts of the agents, showing 240 CONSULAK EBG-ULATIONS. payment by him to them of the amounts due; otherwise the Treasury drafts will be remitted payable to the order of the agents who performed the services. SALARIES OF CONSULAR CLERKS. 577. The account for the salary of a consular clerk must be rendered quarterly to the Auditor for the State and other Departments, and in the name of the consular clerk, whether he receives his salary from the fees of the consulate where he is stationed or whether he draws a draft therefor. Drafts for the salary of a consular clerk are to be drawn on the Secretary of the Treasury and in the name of the consular clerk. The account maybe rendered on Form No. 165. (Paragraph 517.) DRAFTS. 578. No drafts must be drawn except by a duly authorized and qualified consular officer. Drafts and accounts must not be transmitted by a consular agent. Drafts of consular offi- cers must not be made in foreign money, but for the equivalent value thereof in the currency of the United States. In dis- posing of their drafts consular ofllcers are expected to use their best discretion to negotiate them at the most favorable rates, and must furnish with the account in each case of sale of draft a voucher, as per Form No. 92, whether, any loss is sustained or not. It is necessary that they should state on the face of every draft for salary or authorized expenses the account for which it is made; and every draft for expenses authorized by special instructions should refer explicitly to the date and number of the instruction in which such authority was given. The same reference should appear in the corresponding account. (Paragraph 567 ) To prevent the dishonor of such bills or drafts consular officers should observe the form prescribed with a view to overcome this difficulty. (Form No. 114.) CONSULAR KEGULATIONS. 241 579. Indorsements by procuration. — Bills of exchange drawn by consular officers are occasionally presented at the Depart- ment of State or the Treasury for payment by holders whose rights are derived from indorsements not made by parties to whom such' bills have been duly made payable, but by other persons claiming to act for such parties by procuration, with- out producing the power of attorney or other authority for the transfer of the property in such bill of exchange out of its lawful owner. The accounting officers, who are required to see that no person receives money from the Treasury but by lawful title, can not recognize such indorsements unless on satisfactory proof of their sufficiency. 580. To be drawn at fifteen days' sight — All drafts drawn by consular officers, whether on the Secretary of State or on the Secretary of tire Treasury, are to be drawn at fifteen days' sight, acceptance waived, in order to give sufficient time to the accounting officers to adjust the accounts before the day of payment. Drafts for disbursements made for objects not expressly authorized by law nor by instructions must not be drawn until notice is received from the Department of State that the accounts and vouchers have been examined and approved. 581. Accounts must accompany drafts. — Consular officers' drafts will not be paid until the accounts and vouchers for which they are drawn have been received, examined, and approved. In order to secure their payment, and to prevent embarrassment and delay to holders, it is necessary that the accounts should be sent so as either to precede the arrival of, or be received at the same time with, the drafts. (Paragraph 566. ) 582. Drafts to be filled out in handwriting of consular officer Whenever a draft is drawn by a consulaj- officer, the blanks in the engraved forms furnished by the Department of State (Form No. 114) must be filled up by the drawer in his own handwriting; and for still further protection against forgery, 17824 c R 16 242 CONSULAR RKG-ULATIONS. or the payment of fraudulent drafts, the draft should be sealed with the consular seal. 583. On whom drafts drawn — The drafts or bills of exchange drawn by consular ofl&eers for balances due to them on the accounts required to be transmitted to the Department of State (paragraph 538) must be drawn upon the Secretary of State, and those drawn for balances due on the accounts directed to be sent to the Auditor for the State and other Departments (paragraph 539) must be drawn on the Secre- tary of the Treasury. 584. Loss by exchange — Gain by exchange. — Accounts of con- sular officers for loss by exchange must be rendered quarterly to the Auditor for the State and other Departments. The accounts, when thus rendered, should consist of a list of the items, signed by the consul, with vouchers therefor. Vouchers must be furnished in accordance with the following forms: For drafts drawn by the consul, a certificate signed by him- self and the purchaser of his draft, according to Form No. 92, and embodying the following facts: 1. Date of the draft. 2. Amount of the draft in the currency of the United States. 3. Gross amount of the draft in foreign currency. 4. Rate of exchange. 5. Loss on the sale of the draft. 6. Net proceeds in foreign currency. 7. Net proceeds in the currency of the United States. 8. Upon whom and on what account drawn. For drafts purchased by the consul in remitting surplus moneys, a certificate as per Form No. 93, embracing the fol- lowing information : 1. Date of the draft remitted. 2. Face of the draft in the currency of the United States. 3. Face of the draft in foreign currency. 4. Rate of exchange. CONSULAR EEaULATIONS. 243 5. Loss on the purchase of the draft. 6. Totdl cost of the draft in foreign currency. 7. Total cost of the draft in the currency of the United States. 8. To whom and on what account remittance is made. By the "rate of exchange " in the above forms is meant the amount of the foreign currency received or paid for each dol- lar of currency of the United States of the draft, or for each pound sterling if the draft should be in English money, or vice versa. The proper valuation to be placed on the foreign money received or paid for each draft and to be used in making the reductions to the currency of the United States is fully explained and set forth in the succeeding paragraph. When the net proceeds of a draft for funds on a disbursing account are stated in a voucher in a foreign currency different from that in which the disbursements are actually made by the consular offtcer, the relative value of the currency in which the payments are made must be given. When there is a gain by exchange, either on drafts sold or purchased by con- sular of&cers, the amount should be credited in the account affected therebj'. It does not necessarily belong to the exchange account. 585. Reauetion to currency of the United States The value of the English sovereign, or pound sterling, in the currency of the United States at which it shall be paid and received by the Treasury in foreign countries is fixed at $4.8665. This valuation must therefore be employed in making their reduc- tions from English money to the currency of the United States by consular officers in all countries. — R. S., sec. 3565. (Forms 161 and 162.) , The relative values of the standard moneys of the nations of the world, as prepared quarterly by the Director of the Mint and proclaimed by the Secretary of- the Treasury in pursuance of section 25 of the tariff of 1894, must be employed 244 CONSULAR REGULATIONS. by consular officers to reduce to the currency of the United States the standard money of each foreign nation in trans- actions within its own jurisdiction involving such standard money.— ^S. II4B8; I4. Blatchf., 550. 678. Purchased goods, where certified Invoices of merchan- dise purchased for export to the United States must be pro- duced for certification to the consul of the district in which the merchandise was when so purchased — that is, the district from which a shipment actually begins its journey to the United States. — 8. 127 Jfi. The place of purchase is held to be the place where the merchandise actually is when it is purchased for exportation to the United States or from which it is exported to the United States, without regard to the place where the bargain of purchase and sale took place between 288 CONSULAR REGULATIONS. the purchaser and seller. — S. 16381. Merchandise may be sent from one consular district to another or collected from any number of consular districts into one to await a pur- chaser there, and when purchased for export to the United States the invoice must be certified by the consul of the dis- trict in which the merchandise was at the time of such pur- chase. Goods purchased in different districts, but collected in one district for examination, storage, assorting, finishing, and packing, must be certified by the consul of the district from which the merchandise begins its journey to the United States. Invoices of merchandise purchased from stock in a district other than the district of manufacture or production should be certified by the consul in whose district ,the mer- chandise was purchased. — 8. JfJiSJ)., 15805. 679. Certification when no consul of United States. — If there is no consular oflicer of the United States in the country from which the merchandise is imported, the certification required should be executed by a consul of a nation at the time in amity with the United States, if there is any such residing there; and if there is no such consul in the country, the cer- tification should be made by two respectable merchants, if any there be residing in the port from which the merchan- dise is imported. — R. 8., sec. 28Ji4. 680. Invoice and declaration to be verified. — When the invoice and declaration are received by the consul, it is his duty to examine carefully each item and to satisfy himself that it is true and correct. In aid of this examination he is authorized, in his discretion, to call for the bills of sale of merchandise purchased for export to the United States; to inquire into the cost of production of merchandise not obtained by purchase; to demand samples; and, if the conditions require it, to exam- ine the entire consignment. Whenever an invoice is offered for certification which covers consolidated shipments consist- ing of the productions of different manufacturers, the consul CONSULAR REGULATIONS. 289 may demand tlie submission of the manufacturers' bills relat- ing thereto. Even when the merchandise has been pur- chased for export and the invoice sets out truly the price paid, the consul should ascertain whether the price repre- sents the market value of the goods.— S'. 6185, 12532, 12780, 16867. 681. Verification by oath. — Consular offtcers are authorized to require, before certifying any invoice, satisfactory evi- dence, either by the oath of the person presenting such invoice or otherwise, that it is correct and true. — R. S., sec. 2862; S. 16381. In the exercise of this discretion consular officers are to be guided by the regalations or instructions established or given by the Secretary of State. The following general instructions touching the exercise of the discretion given to consular ofQcers by section 2862 of the Revised Statutes have been issued by the Secretary of State, and they are made a part of these regulations : No oath shall be required for the verification of invoices of merchandise on the free list or subject to specific duty only. The verification by oath of invoices of merchandise sub- ject, expressly or in effect, to ad valorem duty may be required when the consular officer to whom the invoices are presented has reasonable ground to suspect fraudulent under- valuation or other willful misstatement therein, but shall not be required in any other case. Any oath required pursuant to this regulation may be taken before any commissioner or other officer of good char- acter and standing who is legally qualified to administer an oath, to which the local law attaches a penalty for false swearing. Consular officers are prohibited from receiving the whole or any part of the fees charged by a commissioner or other officer for administering oafhs to invoices; from receiving 17824 c E 19 290 CONSULAR KEGULATIONS. anythii'g as a gratuity or otherwise on account of the admin- istration of such oaths; and from being in any way, either directly or indirectly, pecuniarily interested in such fees. 682. Actual market value — Whenever imported merchandise is subject to an ad valorem rate of duty, or to a duty based upon or regulated in any manner by the value thereof, the duty is assessed upon the actual market value or wholesale price of such merchandise, as bought, and sold in usual whole- sale quantities, at the time of exportation to the United States, in the principal markets of the country whence imported, and In the condition in which such merchandise is there bought and sold for exportation to' the United States, or consigned to the United States for sale, including the value of all car- tons, cases, crates, boxes, sacks, and coverings of any kind, and^U other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States; and if there be used for covering or hold- ing imi)orted merchandise, whether dutiable or free, any unusual article or form designed for use otherwise than in the bona Me transportation of such merchandise to the United States, additional duty is levied and collected upon such material or article at the rate to which the same would be subject if separately imported. The words "value" or ' ' actual market value, " whenever used in any law relating to the appraisement of imported merchandise, are construed to mean the actual market value or wholesale price as defined herein.— ^6 Stat. L.', 189, sec. 19. Drawback allowed by a foreign government upon the expor- tation of any article produced from imported material can not be deducted from the dutiable value above defined.— S. 1679i. 683. Market value, how ascertained. — In order to ascertain the market value of any given article, it is important to inquire carefully as to the prices indicated in sales- thereof for other CONSULAK KEGyi.AT^^f[S^. 29i markets than our own. When the Un^|ie(^ §*^,*?3 ^^®m,^^^ only or principal consumers, and fictitious ^^ale^ p,re created and nominal values suspected, consuls ^hoijild ascertain, the actual cost of production. Such cost of produc1jip,n, ip,clp,des cost of materials and of fabrication, all general exp^^iij^p^ cov,- ering each, and every outlay of whatsoever na,ture in,ciclen,t to such production, together with the .expense , pt ^prepa^'jliUg and putting up such merchandise ready f ojj shipjp;i,^:ptt, and an addition of 8 per cent upon the total cpgt ,^sthu^, p,sc^r- tained.— 26 Stat. L., 136, sec. 11. .',,,, , ,, . ' ,^, ,,,, ; 684. Samples ^When the value of ^ merchandise , subject, |;p ad valorem duty can not be accurately,, deterinipe(^lby an inspection of the invoice, samples shpuld. 'pfi reqvfjretl of,^ch as is of a nature to be sampled, pai-^i^cujpljr.pf |1;;eixtile,,^^d fibrous goods. ,,, „, ,, ,, ,, ,^,_,, ,, Of textile and fibrous goods there^ must l;)p thijee, saipyjl^s,, in no case smaller than 11^ centimeter^wide by 1^ ,op^ti^^,^gr^ long. One sample should be retained, a;t the consulate, one sent to the Board of General Appraisers ^t JSTe^ X9^^; ^^^ one sent directly to the appraiser at the port a^ ,which thp merchandise is to be entered. Wh,en, the_ merph|^ndise is intended for immediate transportation,^ under th,e ^c,tpf ,J|ine 10, 1880, the samples should be sei^|j tp the cl^ief c|a,?|iomg oflcer at the port to which the mer;Chaindise is to b^ ,fi^q,lly forwarded. ,,^^ ,^.,„, ,„, /.,,,,, Samples of other merchandise, A^hpu 4n thp j]i(jlgmp;;t ,qf the consular oflcer they are not too ,l?ulky, heavy, pr. frq^gile, should be forwarded to the appraiser at th^ po^t o^ eptry.-r— 8. 15661. Occasional samples of standai^d articles of uniform character and well known to the, trade ;;will Ise , suflicient. Samples must. when practicable be s,ent to the ^pj)r^i^erg on their request. ^^ . j. ^^ , ,.,.•>,,, All such samples, unless peri8hablp,^are- ti-eated JWi apprais- ers as of&cial property, and are retained, pn file f 9K-.^t ],^as.tj six 292 CONSULAR EEaULATIONS. months from date of receipt. Consular ofliicers should like- wise carefully preserve them, together with the cards or statements to which they are attached. They are not open to inspection by any person not connected with the consular or customs service of the United States, except for the pur- pose of ascertaining or establishing market value or price, in which ease the name of the shipper shall not be made known. 685. Sample cards — Samples should be accompanied by a certified statement or sample card, which should, when prac- ticable, be attached to the sample to which the statement refers. For sample card generally used, see Form No. 147. A special form (No. 148) is given for woolen fabrics. 686. Consular corrections.— If, on examination, any of the values stated in the invoice are found to be incorrect, or to be less than the true market value of the merchandise, the consul shall require the correct values to be given by the person producing the invoice, or he shall state the true value, as he conceives it to be, on a red-colored sheet to be attached to the first page of the invoice and designated as the "Page of Consular Corrections." (Form No. 115.) These blank pages will be issued in book form, serially numbered, and pro- vided with perforated stubs, on which suitable memoranda of corrections made shall be noted by the consul. Even when the price of merchandise purchased for export is correctly stated, the consul shall note on the invoice any difference between the price paid and the actual market value. 687. Explanation of corrections The consul should in general explain and justify his corrections noted on the invoice in a letter to the collector of customs at the port of entry, which let- ter may be either attached to the collector's copy of the invoice or sent separately. — S. 1228S. The appraisers are required to inform the consul as to what return of value has been made on any invoice upon which the consul has noted an opinion as to the value of the merchandise, and the consul is to be CONSULAR REGULATIONS. 293 directly notified in all eases where invoice values are advanced on appraisement. — S. 16867. 688. Certification of invoices When the invoice has been found to be correct or has been duly corrected by means of the consul's notations, the consul shall indorse on each of the triplicate or quadruplicate invoices a certificate (Form No. 140), under his hand and seal (stamp signatures are not suflcient, S. 70^5), to the effect that the invoice was produced to him, the date of such production, name of person producing it, the port in the United States at which it shall be entered, the declared intention to make entry of the merchandise, and also that he is satisfied the statements made in the invoice are true.— i2. S., sec. 1715, 2855. 689. Numbering and indorsement Invoices must be consecu- tively numbered in the order in which they are certified. A new series of numbers must be begun each calendar year. Each copy of the invoice must be carefully folded in two folds, placing the number, port, and date on the outside. The amount of the invoice, its serial number, the . name of the consulate, and the amount of the fee received for the certifi- cation should be stamped or written near the bottom of the first page at the left-hand, corner of the invoice, and also upon the certificate. The copy filed in the consulate must show, also, the name of the owner or shipper and the name of the vessel. Every blank space in the forms should be filled with proper wording of by a dash with the pen to show that it has not been overlooked. 690. Invoices fraudulently undervalued not to be certified.^ — Cer- tification may be refused when the merchandise specified in the invoice appears to have been, or the consular officer has reason to believe that it has been, undervalued with fraudu- lent intent; but where the consul and the shipper honestly differ as to the true valuation, each should state his estimate of the value, and leave the determination of the true value 294 dONSttLAR EEGXJLATIONS. to the appraifeMg officers at the port of entry. — B. 8., sec. 1715; S. 1195Jf, 15265, 15801. The consular officer is authorized to refiise to certify an invoice only when the evidence of fraudu- lent intent appea,rs to him conclusive, as when the shipper refuses to coMply with the requirements prescribed in these Regulations. Whenever the consular officer is in doubt as to the good faith of the shipper, he may certify the invoice, tak- iiig the precaution to make adequate memoranda on the sheet provided for consular corrections and notations. — S. 15801. 691. Certification after shipment In exceptional cases where the' production of the invoice at or before the shipment of the nierchandise is shown to have been impracticable, an invoice produced after shipment may be certified upon satisfactory evidenc'e that it is true and correct. In such case the reasons for production and certification after shipment should be indorsed oh the invoice. Greater leniency in enforcing this requirement ii permissible in the shipment of perishable mer- chandise requiring quick handling than in other cases. On the other hand, the consul may refuse to certify the invoice before the merchandise has been actually shipped, in cases where the gOod faith of the shipper appears to him to be doubtful.— S. 1560i. Replace invoices.-^'AtteT an invoice, has been certified and the merchaiidise shipped the consul should, as a general rule, decline to certify a substitute or "replace" invoice advan- cing the! values, or otherwise materially changing the original statement. Invoices may sometimes, through inadvertence orignor'ahce of the law,' be prepared so faultily as to justify correction, in a substituted invoice; but such substitutions have been so freqtiently made to evade the penalty of an attempted undervaluation that they will be permitted only when the clearest evidence is produced of the unavoidable nature of the errors alleged to have occurred in the original invoice, and when it is positively shown that no premeditated CONSULAR REGULATIONS. 295 evasion of the revenue laws has been involved in the pro- ceeding.— /S. 11295. 692. Currency certificates — The price of merchandise obtained by purchase must be stated in the currency actually paid therefor; and when the currency paid for purchased mer- chandise is depreciated, a currency certificate (Form No. 144) must be attached to the invoice showing the percentage of depreciation as compared with the corresponding standard coin currency and the value in such standard coin currency of the total amount of the depreciated currency paid for mer- chandise included in the invoice. — R. S., sec. 2903; 8. H287, 17252. This certificate should show, not the value of the depreciated currency in money of account of the United States, but its value in terms of the standard coin currency in com- parison with which the currency used in the purchase is depreciated.— >S. 113U, 12S99, U107, 17170. In the assessment of duty the currency of the invoice is reduced to the money of account of the United States upon the basis of the values of foreign coins at the date of ship- ment, as proclaimed by the Secretary of the Treasury for the 1st day of January, April, Jtily, and October of each year. — Tariff of 1894., sec. 25; S. 16921. The date of shipment is determined for this purpose by the date of the bill of lading, if there is one ; otherwise, by the consular certificate to the invoice. — S. 1^910. In the absence of a currency certificate no allowance will be made for depreciated currency. ^ — 8. 15435. A consular currency certificate is not required when the invoice is stated in coin not included in the Secretary of the Treasury's quarterly statement of values. The customs offi- cers at the port of entry will in such cases ascertain from the most available sources the value of the coin in. the money of the United States. — 8. .2909. For statistical purposes cur- rency certificates are required for all invoices of merchandise 296 CONSULAR REGULATIONS. purchased and paid for in depreciated currency, without regard to the dutiable or nondutiable character of the mer- chandise.— S'. U287. 693. Disposition of invoices. — The consular offtcer is required to designate by stamp or otherwise the original, duplicate, triplicate, and (when there is one) quadruplicate of each invoice. The original must be filed for preservation in the consular ofBce, the duplicate delivered to the person pro- ducing the invoice, or, upon his request, to the agents of the vessel in which the merchandise is to be exported to the United States, and the triplicate sent promptly, by the mas- ter of the vessel conveying the merchandise, or by mail, and without the intervention of any party in interest, to the col- lector of customs of the port at which the merchandise is to be finally entered. — S. 1S9S6. When the merchandise is to be entered under the immediate-transportation act (para- graph 662), the quadruplicate copy of the invoice required by that act must be delivered, with the duplicate, to the person producing the invoice. The triplicate or collector's copy of the invoice should al- ways be transmitted, carefully addressed, in the most direct and speedy manner possible, so that it will reach the custom- house before the entry of the merchandise. It is never to be sent through the office of the consul-general. All the triplicate invoices to be forwarded to the same col- lector by the same mail or vessel should be placed in an en- velope, with a letter in Form No. 142, carefully addressed to the collector and stamped with the name of the consulate and the date. The blank for the number of invoice must be filled in writing. A small silk cord or narrow ribbon must then be passed through the envelope, near the end and sides, and under the consular seal, with which the envelope must be carefully sealed. The postage must be prepaid. When the CONSULAR EEGULATIONS. 297 collector's invoice is sent by the master of the vessel which carries the merchandise, a receipt (Form No. 141) must be taken from the master and filed in the consular of&ee. 694. Descriptive lists — When invoices are transmitted from a consulate or place of purchase or manufacture in the inte- rior to the consul at the port of shipment designated in the invoice, to be thence forwarded to the proper collector, the package must be accompanied by a descriptive list (Form No. 143), to facilitate comparison with the shipper's manifest, before taking the master's receipt as per Forms Nos. 141 and 143. The consul at the port of shipment must see that the integrity of the package is duly secured in the manner pre- scribed in the preceding paragrajjh. 695. Fee for certification — An official fee of $2.50 has been prescribed for the consular certificate to the invoice required by law for entering imported merchandise. — B. 8., sees. 1716, 2851. In the provinces of British North America the fee for certifying an invoice of merchandise not exceeding $100 in value is $1.^ — B,. S., sec. 1721. This fee pays for the cer- tified invoice in triplicate or quadruplicate, as the case may be, for the certificate of cost (paragraph 674), for the cur- rency certificate (paragraph 692), and for any other authen- tification required in the entry of the merchandise. 696. Fees for copies and for extra and transit invoices Fees collected for copies of invoices, or for extra invoices certified as originals, are ofacial.— -?55 U. S., 27 S. Fees for certified invoices to accompany merchandise shipped for transit through the United States to a foreign country are likewise official. (Paragraph 533. ) 697. Copies and prices current for collectors Consuls are re- quired, on request of the proper collectors of customs, to supply them, free of charge, with copies of invoices or with other documents on file in the consular office which are 298 CONSULAR REGULATIONS. needed by the customs officers in the discharge of their duties. They are also required to furnish the Secretary of the Treas- ury, the Board of General Appraisers, or such other officers as the Secretary of the Treasury may designate, with the prices current of the merchandise usually exported to the United States from their respective consular districts. — R. 8., sec. 17 IS. (Paragraph 600.) 698. To explain the customs laws and regulations to exporters Consular officers are enjoined to explain to exporters in their districts the scope and purpose of the customs laws and reg- ulations, of the United States, and to take all proper measures for obtaining information needed by the customs officers. 699. Retaliatory tariff provisions. — The duty imposed by par- agraphs 166, 182i, 185, 568, 591, 643, and 683 of the tariff act of 1894, depends on the existence or the nonexistence of certain specified conditions affecting the merchandise mentioned therein in the country of export. Consular officers are requested to note on invoices of merchandise subject to these variable duties the existence of any law or fact in the countrj' of export which would call into operation the respective pro- visos in the said paragraphs and warrant the collection of the alternative duty. SEALING OF CARS ENTERING THE UNITED STATES PROM CANADA. 700. To avoid inspection at the frontier port or place of arrival in the United States of any car coming from contig- uous territory in the Dominion of Canada which is capable of being properly closed and securely fastened and which is laden with merchandise destined for a port of entry or of delivery under the immediate-transportation act (paragraph 655), in the United States by a continuous railway route, the owner of such merchandise, or his agent, or the conductor of such car, is required to make application to a consular officer CONSULAR BEaULATIONS. 299 of the United States residing in such foreign territory to close and seal said car, and also to prepare and present to such consular officer a manifest (Form No. 146) in quintuplicate containing a full and correct description of the merchandise, the marks and numbers on the packages, the dutiable value of each package, description and number of the ■ car, and name of the railroad company to which it belongs.^ — B. S., sees. 3102, SIOS; Oust. Beg., arts. 457, 458; 8. 8025, II4SS, 1240.6. 701. On receipt of such manifest in quintuplicate as afore- said, the consular officer of the United States will, after a careful comparison of the contents of the ear with the mani- fest, duly close and seal the openings of the car, and will thereupon, after placing a serial number on the manifest, retain one copy thereof for the files of his office, transmit one copy immediately by the conductor of such car, in a sealed envelope, to the principal customs officer at the frontier port or place of first. arrival in the United States, transmit another copy by mail to the collector at the port of destination, deliver the fourth copy to the owner, agent, or conductor to accompany the car, and transmit the fifth copy directly to the Auditor for the Treasury Department. — Oust. Reg., art. 4^8; 8. 11433. 702. Before scaling the cars their contents should be ex- amined and compared as to marks and numbers of the pack- ages with the manifests presented for the consul's official signature ; and the cars should be closed and sealed before the manifests are forwarded to their destination or delivered to the conductors of the trains. No car should be sealed if • containing merchandise destined to more than one port, as it is contemplated that the car shall be opened only at one port of entry or of delivery and its entire contents taken out there. In no instance should this duty be intrusted to an_ unofficial person. 300 CONSULAR KKGXTLATIONS. DOCXIMBNTATION OF MERCHANDISE FOR FREE ENTRY. 703. The tariff act of 1894, provides for the admission of cer- tain articles of foreign growth or production free of duty, under regulations to be prescribed by the Secretary of the Treasury. In some eases the cooperation of consuls is provided for in the Treasury regulations, and these cases are given below. 704. Animals for breeding purposes. — The act provides that any animal imported specially for breeding purposes shall be admitted free : Provided, That no such animal shall be ad- mitted free unless pure bred of a recognized breed and duly registered in the book of record established for that breed, and the Secretary of the Treasury may prescribe such addi- tional regulations as may be required for the strict enforce- ment of this provision. — Tariff of 1894, paf. SIS. 705 — The Treasury regulations direct that no animal im- ported for breeding purposes shall be admitted free of duty unless the importer furnishes a certificate of the record and pedigree (Form No. 186), showing that the animal is pure bred of a recognized bred, and has been admitted to full registry in a book of record established for that breed, and that its sire and dam and grandsires and granddams were all recorded in a book of record established for the same breed. For list of the books of record, see Appendix V. An affidavit (Form No. 187) by the owner, agent, or importer that such animal is the identical animal described in said certificate of record and pedigree must be presented. This affidavit, when made at the port of exportation, must be made before the consular officer of the United States. In the case of sheep, females are frequently recorded by flocks, and not individually; therefore, whenever the aforesaid requirement as to pedigree can not he complied with, the animal will be admitted on the certiflcatfe of the secretary of one of the recognized associations named in the circular to the effect that it is pure bred and has been CONSULAE EEaULATIONS. 301 registered in the flock book of that association. — S. 15689, 16462. Unless the certificate of record and pedigree be produced, the animal will be considered as not being pure bred of a recognized breed and duly registered in the book of record established for that breed , and the duty will be assessed accord- ingly. —^S. 1127Jt, 155S9, 15922, 16108. 706. Immigrants' teams and eflfeets ^Teams of animals, in- cluding their harness and tackle, and the wagons or other vehicles actually owned by persons emigrating from foreign countries to the United States with their families, and in . actual use for the purpose of such emigration, are admitted free under such regulations as the Secretary of the Treasury may prescribe. The team of an unmarried immigrant used in conveying personal effects and tools of trade from a for- eign country to the United States may be admitted free of duty. Horses intended for racing purposes in the United States can not be admitted to free entry as the team of an immigrant, although used by an immigrant in the act of im- migrating. Horses of immigrants used for the transportation of themselves and luggage to a railway station and thence shipped to the . United States, where they are again used by the immigrants to reach their destination, are to be consid- ered in actual use for the purpose of immigration ; but horses and harness purchased abroad and brought to the United States in cars as freight are not within the terms of the act. — Tariff of 1894, par. 874; S. 11178, 12624, 12956, 16689. 707. To entitle to free entry teams of animals, including their harness, and the wagons or other vehicles drawn by such teams, and the customary articles used in connection there- with, when brought into the United States by bona fide immi- grants, the immigrant must make declaration before the United States consular officer or the collector, at the option of the immigrant, stating the number and kind of animals 302 CONSULAR KEGTJLATIONS. and articles, that they are owned by the affiant and are being used for the purpose of immigration and are not intended for sale, and that the same have been in actual use by him abroad, (Form No. 128.) 708. Natural mineral waters. — Mineral waters, all not artifi- cial, and mineral salts of the same obtained by evaporation, when accompanied by duly authenticated certificates show- ing that they are in no way artificially prepared and are the product of a designated mineral spring; lemonade, soda water, and all similar waters are exempt from duty. — Tariff of 189 Jf, par. 555. Natural mineral water artificially charged with gas from the same or an adjacent spring, to compensate for loss of same in bottling, is entitled to free entry. — 8. 5115, 162^9, 16845. The certificate reJiuired should be . separate and distinct from the invoice and invoice certificate, and should embrace the oath or declaration of the owner or manager of the spring, authenticated under the certificate of the consular officer of the United States.— aS. 1550S, 16587. (Form No. 156.) 709. Paintings and statuary — Paintings, in oil or water colors, original drawings and sketches, and artists' proofs of etch- ings and engravings, and statuary, not otherwise provided for in the tariff act, are exempt from duty; but the term ' ' statuary " as therein used includes only professional pro- ductions, whether statuary or sculpture, and the word "paint- ing " does not include such as are made wholly or in part by stenciling or other mechanical process. — Tariff of 1894, par 675. The professional productions of a statuary or sculp- tor are such works of art as are the result of the artist's own creation or copies of them or of works of other artists, made under his direction and supervision. — S. 9744, 11394; 108 U. S., S12j 182 U. S., 167. The most direct and satisfac- tory, but not the only, evidence that the statue is the pro- fessional production of a statuary or sculptor is the declara- CONSULAR REGULATIONS. 303 tion (Form No. 127) of the sculptor himself, certified by the consular officer.—^. 11S9J^, 15283, 151^8, 16821, 16377. 710. There is no requirement that the paintings provided for in the fojregoing paragraph should be the production of professional artists, rising to the dignity of works of art, or should be accompanied by artists' certificates; but they must have been produced by hand and not by stenciling or other mechanical process. — S. 9161, 16292. Paintings on porcelain in mineral colors, vitrified by firing, are not exempt from duty under paragraph 575 of the tariff act, and articles primarily designed for a useful purpose, but made the groundwork of artistic painting to please the eye and gratify the taste, are not paintings within the meaning of that paragraph, although the painting imparts to them their chief value from a pecuniary point of view. Paintings on clocks, curtains, gas fixtures, porcelain plaques and other similar ware, tiles, glass windows, table covers, doilies, etc. , do not entitle those articles to free entry under this paragraph, although they may be so entitled under paragraph 686 of the act. (Paragraph 711.) The painting must be designed solely for ornamental purposes, and the groundwork may be any- thing not designed to fulfill a useful purpose apart from the painting upon it.— 8. 16178, 16^13, 15831, 15952, 161,22, 161,29, 161,30, 16712. 711. Works of art, the production of American artists resid- ing temporarily abroad, or other works of art, including pic- torial paintings on glass, imported expressly for presentation to a national institution, or to any State or municipal cor- poration, or incorporated religious society, college, or other public institution, including stained or painted window glass or stained or painted glass windows, are exempt from duty; but such exemption shall be subject to such regulations as the Secretary of the Treasury may prescribe. — Tariff of 1891,, par. 686 J 8. 15540. 304 CONSULAR REGULATIONS. For the free entry of any work of art, the production of an American artist residing temporarily abroad, it is requisite that the article shall be positively identified as such produc- tion by means of the declaration (Form No. 155) of the pro- ducer or of witnesses of such production, and such other evidence as may be needed to establish the facts to the satis- faction of the collector of customs. — Cust. Reg. art. S62. Paragraph 686 of the tariff act requires only that the article shall be a work of art produced by an American artist, or, if not so produced, that it shall be imported for one of the pur- poses mentioned therein. As all paintings and all statuary which is the work of a professional sculptor are admitted free of duty under the present tariff act, the consular certificate of identification (Form No. 186) is not necessary for the works of American artists.— S. 1169S, 15292, 15821, 16116, 16341, 16712. RETURNED AMERICAN MERCHANDISE. 712. Articles the growth, produce, and manufacture of the United States, when returned after having been exported, without having been advanced in value or improved in con- dition by any process of manufacture or other means; casks, barrels, carboys, bags, and other vessels of American manu- facture exported filled with American products, or exported empty and returned filled with foreign products, including shocks when returned as barrels or boxes ; also quicksilver flasks or bottles, of either domestic or foreign manufacture, which have been actually exported from the United States, are exempt from duty; but proof of the identity of such articles must be made under general regulations to be pre- scribed by the Secretary of the Treasury. — Tariff of 189 ^, par. 387. 713. To guard against fraud and to insure identity, the CONSULAR REGULATIONS. 305 Treasury regulations require, in addition to proof of exporta- tion, tlie production of a declaration (Form No. 129), made by the foreign exporter of the merchandise before the consul, of the fact that the merchandise was imported from the United States and that it has not been advanced in value or improved in condition by any process of manufacture or other means. But if it be impracticable to produce such declaration at the time of making entry, bond may be given for the production thereof.— S". UdSS, 15063, 167H (Paragraph 657). 714. Shocks of American manufacture. — Consular officers are required to keep a debit and credit account or record of shocks, claimed to be of American manufacture, imported into or ex- ported from their districts, and to grant certificates (Form No. 130) under seal for such of the shocks as are covered by cer- tificates under seal from customs officers in the United States, showing the merchandise to be of domestic manufacture ex- ported for return as boxes or barrels. — Gust. Beg.. 1892, art. . 337. To the end that consuls may have the requisite information upon which to base their certificates, collectors of customs have been instructed to forward, on the shipment of such, shocks to foreign ports, declared to be intended for reim- portation, to the proper consul, at the expense of the shippers, . a certificate showing that such exportation has been made. — Cust. Reg. 1892, art. 337. Whenever a shipment of boxes or barrels is made from a consular district other than that into which the shocks were, imported, the consul in the former district must require the production from the consul in the latter district of the re- ■ quired certificate of importation, and the latter will make the required record of exportation. 715. Orange and lemon boxes — Thin wood, so called, compris-. ing the sides, tops, and bottoms of orange and lemon boxes of 17824 C R 20 306 CONSULAR REGULATIONS. the growth and manufacture of the United States, exported as orange and lemon box shooks, may be reimported in com- pleted form, filled with oranges and lemons, by the payment of duty at ohe-half the rate imposed on similar boxes of entirely foreign' growth and manufacture. — Tariff of 189^, par. 216. The effect of this provision is to impose a duty of 15 per cent ad valorem on orange and lemon boxes made in part (sides, tops, and bottoms, the ends being of foreign material) of thin wood of the growth and manufacture of the United States, and to exclude such boxes from the benefit of para- graph 387 of the tariff act, which, being generic in its terms, would otherwise entitle them to admission free of duty. — S. 15563, 1567U, 15850, 16009, 164.73, 1700^: 716. The regulations for the documentation of boxes and barrels made of American shooks (paragraph 714) are to be applied as far as may be to orange and lemon boxes the sides, tops, and bottoms of which are made of thin wood of the growth and manufacture of the United States. The affidavit of the foreigU shipper (Form No. 130) may be modified to agree with the facts in the shipnient 6f boxes not wholly made of shooks the product of the United States, and the certificate of the consul may be modified to agree with the facts of each case. Thin wood exported for the purpose of being used in the construction of orange and lemon boxes is required to be spe- cially designated in the outward manifest on exportation from the United States as "orange and lemon boi shooks." They must be entered in the consular record required by' par- agraph 714 as " orange and lemOn boi shooks," and the cer- tificate of the consul must show that the exportation back t6 the United States includes this class of shooks and no other. 717. Products of American fisheries. — Paragraph 568 of the CONSULAK EEGTJLATIONS. 307 tariff act of 1894, provides for the admission free of duty of spermaceti, whale, and other fish oils of American fisheries, and all fish and other products df such fisheries. Fish, oil, bone, pearl shells, and other products of Ameri- can fisheries brought into the United States from foreign places in a vessel other ttan the one by which the same were taken will be admitted to free entr^ as if brought in the original fikhing vessel on the production to the collector of customs at the port of importation by the master of the importing vessel of a manifest of said articles (Form No. 157) duly subscribed and sworn to by the master of the fishing vessel by which said articles were taken, and certified by the consular officer of the United States at th6 foreign port where they were transshipped; or, if there be no such officer at the place, it must be certified by two respectable resident mer- chants that the facts set forth ih the manifest are just and true, and that there is no consular officer of the United States at the place. (Form No. 158. ) S. 10368, 10362, 10391, 10Jf38, 10650, llSOO,lmOJ^, 11680, 11709, 11846, 12622, 12628, 13613, 136 H, 151fl9, 16662, 15679, 16736, 16721. 718. Product of American fisheries in the Pacific— Articles which are the product of American fisheries in the Pacific may be landed from the fishing vessel at Panama and transported across the Isthmus of Panama, and shipped to a port of the United States, on the Atlantic or Gulf of Mexico, and be ad- mitted to free entry on due compliance with these i-egulations. The consul of the United States at Panama, or the revenue inspector, will examine the pactages and compare them with the manifest, and certify thereon the result under his hand and official seal, stating in his certificate that the articles so manifested were placed, tinder his inspection, on the cars oi other vehicles for transportation to the port or pla,ce of ship- nient on the Atlantic side. 308 CONSULAB EEGULATIONS. On arrival of the articles at the Atlantic terminus of the route, the manifest aforesaid must be presented to the consul of the United States at Colon, or to the revenue inspector, who will certify thereon to the due shipment of same under his inspection. 719. Marks of country of origin — All articles of foreign man- ufacture, such as are usually or ordinarily marked, stamped, branded, or labeled, and all packages containing such or other imported articles, are required to be plainly marked, stamped, branded, or labeled in legible English words before importation, so as to indicate the country of their origin and the quantity of their contents; and until so marked, stamped, branded, or labeled they will not be delivered to the importer. Should any article of imported merchandise be marked, stamped, branded, or labeled so as to indicate a quantity, number, or measurement in excess of or less than the quan- tity, number, or measurement actually contained in such arti- cle, no delivery of the same will be made to the importer until the mark, stamp, brand, or label has been changed so as to conform to the facts of the case. — Tariff of 189^., sec. 5. This provision applies to merchandise of foreign manufactii/re only, and not to merchandise produced otherwise than by a manu- facturing process. — S. IS^-i-i, 154S4. Its application is also limited to such articles of foreign manufacture as are usually or originally marked, stamped, branded, or labeled; but all packages, outer and inner, containing such imported mer- chandise, whether dutiable or free, and whether imported for sale or for the importer's own use, must be marked, stamped, ■ branded, or labeled as the statute directs. — S. 16Jfi2. 720. The indication of the country of origin need not nec- essarily be restricted to the declaration of the name of such country, but may be accepted under whatever form, provided the merchandise contains unmistakable evidence of its origin, without misleading marks or signs. The marking should he CONSULAR REGULATIONS. 309 legible, durable, and so located that there will be no difficulty in seeing it.— |im- ber of such shipments by the same exporter to the same des- tination.— fi^. 11^09, 14777. , When merchandise exported with benefit of drawback is landed at one foreign port for entry and transportation to an ulterior foreign port, the landing certificate must be executed CONSULAR BEGULATIONg. 315 at the port of first arrival by the consigijee vho makes the entry, for transportation beyond. These forms are specially adapted to the export of distilled spirits, but the same proof of landing in a foreign country is required to cancel a bond given for the exportation of domes- tic tobacco, snuff, and cigars under the internal-revenue laws. — Cust. Reg. „ art. . 6&4. 727. General directions.,^-La,nding certificates must be signed by the consignee abroad. In all cases where practicable the signature of the principal should be affixed to the document ]3efore or at the time of its presentation for, the consular certificate; in no case shpuld the signature of an agent be accepted unless absolute and lega,l proof of his a,uthority is produced. Consular numbers fpr landing certificates should be com- menced on the Ist. of January in each year and continued consecutively during the entire calendar year. The number should be written or stamped plainly at the left-hand upper corner on the face of the certificate, When, fees for landing certificates are reported (paragraph 568), the numbers placed on each certificate should appear upon the return of fees, as in the case of invoices. A register of landing certificates (Form No. 134) isrequired to be kept by consular officers in a book furnished for the purpose. 728. For merchandise in transit to Canada and Mexico &om for- eign countries — Section 3Q05 of the Revised Statutes provides that all merchandise arriving at certain ports and destined for places in the adjacent British provinces or in, the Republic of Mexico may be .entered at a customThouse and conveyed in transit through the territory of the United States without pay- ment of duties, under such regulations as the Secretary of tlf e Treasury may prescribe.. Bond for raercha,ndise exported to Canada under this law 316 CONSULAR KEGULATIONS, may be canceled under the Treasury regulations, on receipt of a certificate of inspection and exportation made by the collector of customs of tlie United States at the frontier port and a certificate of landing in Canada by the collector at the Canadian port of entry, without consular verification. — Oust. Reg., arts. 1,31, 438. For the cancellation of the bond for merchandise in transit to Mexico under section 3005 of the Revised Statutes the exporter is required to produce, in addition to the certificate of inspection and exportation of the collector at the frontier port, a landing certificate (Form No. 184) of the foreign con- signee or a certificate of entry from a Mexican customs officer, verified by a consular officer of the United States (Form No. 185). The holder at a foreign port of a bill of lading issued to him by the common carrier may properly be considered as the consignee authorized to execute the landing certificate.— S. 10708. 729. Transportation in bond into the Free Zone of Mexico. — The application of the foregoing regulations to that portion of the Mexican border known as the Free Zone was suspended by a joint resolution of Congress passed March 1, 1895, which directs the Secretary of the Treasury to suspend the operar tion of section 3005 of the Revised Statutes in so far as the same permits goods, wares, and merchandise to be trans- ported in bond through the United States into the Free Zone of Mexico so long as the Mexican Free Zone law exists.— 28 Stat. L., 97S; 8. 15771. 730. Transportation beyond Free Zone — Entry in Free Zone- Places affected — Merchandise destined for places in Mexico beyond the limits of said Free Zone may be forwarded as heretofore under the regulations cited. Merchandise con- signed to places within the limits of the Free Zone miist be entered and appraised at the port of original importation, CONSULAR REGULATIONS. 317 and may be forwarded, under warehouse and transportation entry, to ports on the frontier, where entry for exportation may be made in the usual manner. — S. 15792, 1590Jf, 159S6, 16130, 16263, 16396, 1729^. The places within the Free Zone affected by the law may be ascertained by application to the Secretary of the Treasury. 731. Consuls and special Treasury agents Consular officers will confer freely with the Treasury revenue agents who may be appointed to visit and examine the consulates. They will remember, however, that these agents have no authority to instruct them as to their official acts. Consular officers will also render to such revenue agents every assistance in their power in the performance of their duties, giving them free access to the records and papers of their consulates relating to trade with the United States; communicating to them promptly any information acquired by theni showing or indi- cating actual or contemplated frauds in the exportation of merchandise to the United States, or which may be in anywise useful to such agents in the prosecution of their inquiries or the performance of their duties, and generally cooper- ating with them therein ; and giving special attention to any invoices of merchandise in which, or in relation to which, such agents may advise them that there is reason to appre- hend that fraud or irregularity has been or is likely to be committed. Where samples are susceptible of being divided, such agents will be entitled to one-half of any such sample on application therefor; and in all cases they will be entitled to make such use of samples as may be necessary to enable them to prosecute any inquiry or procure any required proof in the performance of their duties. APPENDIX No. I. THE CONSTITUTION OF THE UNITED STATES. 319 THE COI^STITTJTIOI^ OF THE UNITED STATES OF AMERICA. 732. We the People of the United States, in Order to form a more per- fect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Article I. 733. Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. 734. Section. 3. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other 17824 C K 21 321 322 APPENDIX NO. I. Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Repre- sentative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode- Island and Providence Plantations one, Connecticut five, New- York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers ; and shall have the sole Power of Impeachment. 735. Section. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years ; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expi- ration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year ; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legisla^ ture of any State, the Executive thereof may make temporary Appoint- ments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senatorwho shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which lie shall be chosen. The Vice President of the United States shall be President of tae Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exer- cise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the APPENDIX NO. I. 323 President of the tJnited States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Oflflce, and disqualification to hold and enjoy any Of&ce of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. 736. Section. 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof: but the Congress may at any time by Law make or alter such Regulations, escept as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. 737. Section. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attend- ance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish ita Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. 738. Section. 6. The Senators and Representatives shall receive a , Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. Tlwy shall in all Oases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. 324 APPENDIX NO. I. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. 739. Section. 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have orig- inated, who shall enter the Objections at large on their Journal, and pro- ceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objectiong, to the other House, by which it shall likewise be reconsid- ered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be deter- mined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respect- ively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. 740. Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be tmiform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; APPENDIX NO. I. 325 To establish an uniform Rule of Naturalization, and uniform Liaws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and: current Coin of the United States; To establish Post Offlces and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court: To define and punish Piracies' and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particu- lar States, and the Acceptance of Congress, become the Seat of the Gov- ernment of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock- Yards, and other needful Buildings; — And To make all Laws which shall be necessary and proper for carryihg- into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the 'United States, or in any Department or Officer thereof. 741. Section. 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be 326 APPENDIX NO. I. prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainer or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Rev- enue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States: And no Person holding any Ofl&ce of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolution, OflSce,or Title, of any kind whatever, from any King, Prince, or foreign State. 742. Section. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass an7 Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely neces- sary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall he subject to the Revision and Controul of the Congress. No State shall, without the Consent of Congress, lay any Duty of Ton- nage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact With another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. APPENDIX NO. i. 327 Akticle II. 743. Section. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office daring the Term of four years, and, together with the Vice President, chosen for the same Term, be elected, as follows Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Sena- tors and Representatives to which the State may be entitled in the Con- gress: but no Senator or Representative, or Person holding an Oflflce of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Per- sons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The Presi- dent of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Elec- tors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which day shall be the same throughout the United States. No Person except a natural bom Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Ofilce of President; neither shall any Person be eligible to that 328 APPENDIX NO. I. Ofa.ce who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. In case of the Removal of the President from Oflflce, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said OflB.ce, the Same shall devolve on the Vice President, and the Congress may by Law provide for the case of Removal, Death, Resignation "or Inability, both of the President and Vice President, declaring what Officer shaill then act as President, and such OflScer shall act accord- ingly, until the Disability be removed, or a President shall be elected. The President shall, at stated times, receive for his Services, a Com- pensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the follow- ing Oath or Affirmation: — "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." 744. Section. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Par- dons for Offences against the United States, except in Cases of Impeach- ment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may hap- pen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. APPENDIX NO. I. 329 74d. Section. 3. He shall from time to time give to the Congress Infor- mation of theStateof the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adj oum- ment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the OfBcers of the United States. 746. Section. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of. Treason, Bribery, or other high Crimes and Misde- meanors. Article III. 747. Section. 1. ThejudicialPoweroftheUnitedStates,shallbevested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their continuance in Office. 748. Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Author- ity ;— to aU Cases affecting Ambassadors, other public Ministers and Con- suls; — to all Cases of admiralty and maritime Jurisdiction; — to Contro- versies to which the United States shall be a Party; — to Controversies between two or more States; — between a State and Citizens of another State; — between Citizens of different States, — between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Con- suls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, 330 APPENDIX NO. I. the Trial shall be at such Place or Places as the Congress may by Law have directed. 749. Section. 3. Treason against the United States, shall consist only in levying "War against them, or in adhering to their Enemies, giving them Aid and Comfort No Person shall be convicted of Treason unless on the Testiniony of two Witnesses to the same overt Act, or on Con- fession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or For- feiture except during the Life of the Person attainted. Article IV. 750. Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which , such Acts, Records and Proceedings shall be proved, and the Effect thereof. 751. Section. 2. The Citizens of each State shall be entitled to all Privi- leges and Immunities of Citizens in the several States. A Person charged in any State vsrith Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. 752. Section. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdic- tion of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, vnthout the Consent of the Legisla- tures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. 763. Section. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of APPENDIX NO. I. 331 them against Invasion; and on Application of tlie Legislature, or of tli& Executive (when the Legislature cannot be convened) against domestie Violence. Article V. 754. The Congress, whenever two thirds of hoth Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the- Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Pui-poses, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of it's equal Suffrage in the Senate. Article VI. 755. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land ; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial OfiBcers, both of the United States and of the several States, shall be bound by- Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any OflQce or public Trust under the United States. Article VII. 756. The Ratification of the Conventions of nine States, shall be suffl- cient for the Establishment of this Constitution between the States so ratifying the Same. Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thou- sand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth. 332 APPENDIX NO. I. AIVEEISTDMENTS. Article I. 757. Congress shall make no law respecting an establisliment of reli- gion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Article II. 758. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Article III. 759. No Soldier shall, in time of peace be quartered in any house, -without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Article IV. 760. The right of the people to be secure in their persons, houses, papers, and eflEects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons Or ^things to be seized. Article V. 761. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, w^hen in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, ■without just compensation. Article VI. 762. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district APPENDIX NO. I. 333 wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining "Witnesses in his favor, and to have the Assistance of Counsel for his defence. Article VII. 763. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Article VIII. 764. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Article IX. 765. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Article X. 766. The powers not delegated to the United States by the Constitu- tion, nor prohibited by it to the States, are reserved to the Stabes respec- tively, or to the people. Article XI. 767. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Article XII. 768. The Electors shall meet in their respective states, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of 334 APPENDIX NO. I. the United States, directed to the President of the Senate; — The Presi- dent of the Senate shall, in presence of the Senate and House of Repre- sentatives, open all the certificates and the votes shall then be counted;^ The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representa- tives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the oflSce of President shall be •eligible to that of Vice-President of the United States. Article XIII. 769. Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly con- evicted, shall exist within the United'States, or anyplace subject to their jurisdiction. 770. Section 3. Congress shall have power to enforce this article by appropriate legislation. Article XIV. 771. 'Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, APPENDIX NO. I. 335 or property, without due process of law; nor deny to any pel son within its jurisdiction the equal protection of the laws. 772. Section 2. Representatives shall be apportioned among the sev- eral States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proport.on which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. 773. Section 3. No person shall be a Senator or Representative in Con- gress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection orrebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. 774. Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emanci- pation of any slave; but all such debts, obligations and claims shall be held illegal and void. 776. Section 5. The Congress shall have power to enforce, by appro- priate legislation, the provisions of this article. Article XV. 776. Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. 777. Section 3. The Congress shall have power to enforce this article by appropriate legislation. APPENDIX No. II. EXTRACTS FROM THE STATUTES OF THE UNITED STATES RELATIVE TO THE CONSULAR SERVICE. 17824 O R 22 337 EXTRACTS FROM THE REVISED STATUTES AND OTHER ACTS OF CONGRESS RELATING TO THE CONSULAR SERVICE. TITLE I. (Sec. 1-13.) GBNEEAL PROVISIOSrS. 778. In determining the meaning of the revised statutes, or of any act or resolution of Congress passed subsequent to February twenty-fifth, eighteen hundred and seventy-one, words importing the singular num- ber may extend and be applied to several persons or things; words importing the plural number may include the singular; words import- ing the masculine gender may be applied to females; the words "insane person" and "lunatic" shall include every idiot, non compos, lunatic, and insane person; the word "person" may extend and be applied to partnerships and corporations, and the reference to any officer shall include any person authorized by law to perform the duties of such of&ce, unless the context shows that such words were intended to he used in a more limited sense; and a requirement of an "oath " shall be deemed complied with by making afOrmation in judicial form. 779. Sec. 3. The word "vessel" includes every description of water- craft or other artificial contrivance used, or capable of being used, as a means of transportation on water. 780. Sec. 6. In all cases where a seal is necessary by law to any com- mission, process, or other instrument provided for by the laws of Con- gress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary; which shall be as valid as if made on wax or other adhesive substance. 339 340 APPENDIX NO. II. TITLE XIII. THE JUDICIARY. ******* 781. Sec. 896. Copies of all official documents and papers in the office of any consul, vice-consul, or commercial agent of the United States, and of all official entries in the books or records of any such office, certified under the hand and seal of such officer, shall be admitted in evidence in the courts of the United States. [See § 1707.] TITLE XIV- TIIE AKMX. 782. Sec. 1336. All officers who have served during the rebellion as volunteers in the Army of the United States, and have been honorably mustered out of the volunteer service, shall be entitled to bear the offi- cial title, and, upon occasions of ceremony, to wear the uniform of the highest grade they have held, by brevet or other commissions, in the vol- unteer service. The highest volunteer rank which has been held by officers of the Regular Army shall be entered, with their names respec- tively, upon the Army Register. But these privileges shall not entitle any officer to command, pay, or emoluments. TITLE XVIII. (Sec- 1674-1752.) DIPLOMATIC AND CONSUXiAR OFFICERS. 783. Sec. 1674. The official designations employed throughout this Title shall be deemed to have the following meanings, respectively: First. " ConsTil-general," "consul," and " commercial agent." shall be deemed to denote full, principal, and permanent consular officers, as distinguished from subordinates and substitutes. APPENDIX NO, II. 341 Second. " Deputy consul " and " consular agent "shall be deemed to denote consular officers subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively. Third. ' ' Vice-consuls " and " vice-commercial agents " shall be deemed to denote consular officers, who shall be substituted, temporarily, to fill the places of consuls-general, consuls, or commercial agents, when they shall be temporarily absent or relieved from duty. Fourth. ' ' Consular officer " shall be deemed to include consuls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commer- cial agents, and consular agents, and none others. Fifth. '• Diplomatic officer" shall be deemed to include ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, charges d'affaires, agents, and secretaries of legation, and none others. CHAPTEE II. CONSULAB OFFICERS. 784. Sec. 1689. The various provisions of this Title which are expressed in terms of general application to any particular classes of consular officers, shall be deemed to apply as well to all other classes of such offi- cers, so far as may be consistent with the subject-matter of the same, and with the treaties of the United States. 785. Sec. 1690. Consuls-general, consuls, and commercial agents appointed to the ports and places specified in Schedules B and C, are entitled to annual salaries respectively, at the rates specified therein. And whenever the President thinks proper to appoint a consul to any port or place named in the Schedules B and C for a commercial agency instead of such commercial agent, or vice versa, and an appointment is made accordingly, the compensation for such consular officer shall be the same in any such case as that fixed for such port of place in the schedule embracing the same; or whenever the President thinks 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 is 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. 342 APPENDIX NO. II. 786. Sec. 1691. No consul-general or consul shall be permitted to hold the office of consul-general or consul at any other consulate, or exercise the duties thereof. 787. Sec. 1692. [Superseded by sec. 3, Act of June 11, 1874, par. 854.] 788. Sec. 1693. The salary of the interpreter at the consulate of Bang- kok, in Siam, shall not exceed the sum of five hundred dollars a year; and no salary shall be allowed the marshal at that consulate. 789. Sec. 1694. The President is authorized, whenever in his judg- ment the public interest may so require, to discontinue the consulate of the United States at Trinidad de Cuba, and to appoint at Cienfuegos, in that island, a consul with the same salary and emoluments as those now allowed by law to the consul at Trinidad de Cuba. 790. Sec. 1695. The President is authorized to define the extent of country to be embraced within any consulate or commercial agency, and to provide for the appointment of vice-consuls, vice-commercial agents, deputy consuls, and consular agents, therein, in such manner and under such regulations as he shall deem proper; but no compensa- tion shall be allowed for the services of any such vice-consul, or vice- commercial agent, beyond nor except out of the allowance made bylaw for the principal consular officer in whpse place such appointment shall be made. No vice-consul, vice-commercial agent, deputy consul, or consular agent, shall be appointed otherwise than under such regula- tions as have been or may be prescribed by the President. 791. Sec. 1696. The only allowance to any vice-consulate or consular agency for expenses shall be an amount sufficient to pay for stationery and postage on official letters. 792. Sec. 1697. Every consul-general, consul, and commercial agent, before he receives his commission or enters upon the duties of his oflSce, shall give 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 dollars, and in no case less than the annual compensation allowed to such officer, and not more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faithful accounting for, paying over, and delivering up of all fees, moneys, goods, efEects, 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 law- fully imposed upon him as such consul-general, consul, or commercial APPENDIX NO. II. 343 agent. The bonds herein mentioned shall be deposited -with the Secre- tary of the Treasury. 793. Sec. 1698. Every vice-consul shall, before he enters on the execu- tion of his trust, give bond, with such sureties as shall be approved by the Secretary of State, in a sum of not less than two thousand nor more than ten thousand dollars, conditioned for the true and faithful dis- charge of the duties of his office according to law, and for truly account- ing for aU moneys, goods, and effects which may come into his possession by virtue of his office. The bond shall be lodged in the office of the Secretary of the Treasury. 794. Sec. 1699. No consul-general, consul, or commercial agent, em- braced in Schedule B, shall, while he holds his office, be interested in or transact any business as a merchant, factor, broker, or other trader, or as a clerk or other agent for any such person to, from, or within the port, place, or limits of his consulate or commercial agency, directly or indirectly, either in his own name, or in the name or through the agency of any other person; and he shall, in his official bond, stipulate, as a condition thereof, not to violate this prohibition. 795. Sec. 1700. All consular officers whose respective salaries exceed one thousand dollars a year, shall be subject to the prohibition against transacting business contained in the preceding section. And the Presi- dent may extend the prohibition to any consul or commercial agent not embraced in Schedules B and C, and to any vice-consul, vice-commercial agent, deputy consul, or consular agent, and may require such officer to give a bond not to violate the same. 796. Sec. 1701. Every consul-general, consul, or commercial agent who violates the prohibition against transacting business,- required to be inserted in his official bond, shall be liable to a penalty therefor, for the use of the United States, equal in amount to the annual compensation specified for him in 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 condition 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 pen- alty 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. 797. Sec. 1703, The compensation of consuls whose annual salaries do 344 APPENDIX NO. II. not, under existing law, exceed one thousand five hundred dollars, shall, when the fees collected at the consulates where they are located and paid into the Treasury of the United States amount to three thousand dollars, be two thousand dollars a year. Sec. 1703. Every yice-consul and vice-commercial agent shall be entitled, as compensation for his services as such, to the whole or so much of the compensation of the principal consular oflScer 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 compensation for his services, to such fees as he may collect under the regulations prescribed by the President governing the subject of fees, or to 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 additton to any other compensation allowed him by law for his services therein. 799. Sec. 1704. The President is authorized, whenever he Shall think the public good will be promoted thereby, to appoint consular clerks, not exceeding thirteen in number at any one time, who shall be citizens of the United States, and over eighteen years of age at the time of their appointment, and shall be entitled to compensation for their services respectively at a rate not exceeding one thousand dollars a year each, to be determined by the President; and to assign such clerks, from time to time, to such consulates and with such duties as he shall direct. [See par. 856.] 800. Sec. 1705. Before the appointment of any such consular clerk shall be made, it shall be satisfactorily shown to the Secretary of State, after due examination and report by an examining board, that the appli- cant is qualified and fit for the duties to which he shall be assigned; and such report shall be laid before the President. And no clerk so appointed shall be removed from office, except for cause stated in writ- ing, which shall be submitted to Congress at the session first following such removal. 801. Sec. 1706. The President may allow consuls-general, consuls, and commercial agents, who are not allowed to trade, actual expenses of office-rent, not to exceed, in any case, twenty per centum of the amount of the annual compensation allowed to such officer, whenever he shall think there is sufficient reason therefor. 802. Sec. 1707. Consuls and vice-consuls shall have the right, in the ports or places to which they are severally appointed, of receiving the APPENDIX NO. II. 345 protests or declarations which captains, masters, crews, passengers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizen of the United States. Copies of such acts duly authenticated by consuls or vice-consuls, under the seal of their consulates, respectively, shall be received in evidence equally with their originals in all courts in the United States. [See § 896. ] 803. Sec. 1708. Every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by him, specifying their names and the names of the vessels on which they are shipped and from which they are discharged, and the payments,, if any, made on account of each so discharged; also of the number of the vessels arrived and departed, the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and other returns, to the Secretary of the Treasury. [See §§ 4561, 4580.] 804. Sec. 1709. It shall be the duty of consuls and vice-consuls, where the laws of the country permit: First. To take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any vessel, who shall die within their consulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects. Second. To inventory the same with the assistance of two merchants of the United States, or, for want of them, of any others at their choice. Third. To collect the debts due the deceased in the country where he died, and pay the debts due from his estate which he shall have there contracted. Fourth. To sell at auction, after reasonable public notice, such part of the estate as shall be of a perishable nature, and such further part, if any, as shall be necessary for the payment of his debts, and, at the expi- ration of one year from his decease, the residue. Fifth. To transmit the balance of the estate to the Treasury of the United States, to be holden in trust for the legal claimant; except that if at any time before such transmission the legal representative of the deceased shall appear and demand his effects in their hands they shall deliver them up, being paid their fees, and shall cease their proceedings. 805. Sec. 1710. For the information of the representative of the 346 APPENDIX NO. II. deceased, the consul or vice-consul, in the settlement of his estate, shall immediately notify his death in one of the gazettes published in the consulate, and also to the Secretary of State, that the same may be noti- fied in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the efifects of the deceased, taken as before directed. 806. Sec. 1711. When any citizen of the United States, dying abroad, leaves, by any lawful testamentary disposition, special directions for the custody and management, by the consular officer of the port or place where he dies, of the personal property of which he dies possessed in such country, such officer shall, so far as the laws of the country per- mit, strictly observe such directions. When any such citizen so dying, appoints, by any lawful testamentary disposition, any other person than such officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so appointed, to give his official aid in whatever way may be necessary to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country permit, to protect the property of the deceased from any interference of the local authorities of the country where such citizen dies; and to this end it shall be the duty of such con- sular officer to place his official seal upon all of the personal property or effects of the deceased, and to break and remove such seal as may be required by such person, and not otherwise. 807. Sec. 1712. Consuls and commercial agents of the United States in foreign countries shall procure and transmit to the Department of State authentic commercial information respecting such countries, of such character and in such manner and form and at such times as the Department may from time to time prescribe. And they shall also procure and transmit to the Department of State, for the use of the Agricultural Department, monthly reports relative to the character, condition, and prospective yields of the agricultural and horticultural industries and other fruiteries of the country in which they are respectively stationed; And the Commissioner of Agriculture is hereby required and directed to embody the information thus obtained, or so much thereof as he may deem material and important, in his monthly bulletin of crop reports. [As amended by act June 18, 1888, 35 Stat., 186.] 808. Sec. 1713. Every consular officer shall furnish to the Secretary of the Treasury, as often as shall be required, the prices currentof all arti- cles of merchandise usually exported to the United States from the port or place in which he is .situated; APPENDIX NO. II. .347 And he shall also furnish to the Secretary of the Treasury, at least once in twelve months, the prices current of all articles of merchandise, including those of the farm, the garden, and the orchard, that are im- ported through the port or place in which he is stationed. And he shall also report as to the character of agricultural implements in use, and whether they are imported to or manufactured in that coun- try; as to the character and extent of agricultural and horticultural pursuits there. That part of the information thus obtained which pertains to agricul- ture shall be transmitted by the Secretary of the Treasury, as soon as the same shall have been received by him, to the Commissioner [now Sec- retary] of Agriculture, who shall include the same, or so much thereof as he may deem material and important, in his annual reports, stating the said prices in dollars and cents, and rendering tables of foreign weights and measures into their American equivalents. — [As amended by Act June 18, 1888, 3,5 Stat., 186.] 809. Sec. 1714. The specification in this Title of certain powers to be exercised and duties to be performed by consuls and vice-consuls, shall not be construed as implying the exclusion of others resulting from the nature of their appointments, or prescribed by any treaty or convention under which they may act. 810. Sec. 1715. No consular ofiBcer shall certify any invoice unless he is satisfied that the person making oath thereto is the person he repre- sents himself to be, that he is a credible person, and that the statements made under such oath are true; and he shall, thereupon, by his certifi- cate, state that he was so satisfied. [See § 3863 B.S.] 811. Sec. 1716. The fee provided by law for the verification of invoices by consular officers shall, when paid, be held to a full payment for fur- nishing blank forms of declaration to be signed by the shipper, and for making, signing, andsealingthe certificate of the consular ofiflcer thereto; and any consular officer who, under pretense of charging for blank forms, advice, or clerical services in the preparation of such declaration or cer- tificate, charges or receives any fee greater in amount than that pro- vided by law for the verification of invoices, or who demands or receives for any official services, or who allows any clerk or subordinate to receive for any such service any fee or reward other than the fee provided by law for such service, shall be punishable by imprisonment for not more than one year, or by a fine of not more than two thousand dollars; and shall be removed from his office. 812. Sec. 1717. That no consular officer of the United States shall here- after grant a certificate for goods, wares, or merchandise shipped from 348 APPENDIX NO. II. countries adjacent to the United States, which have passed a consulate after purchase for shipment. [See § 2861 R. S.] 813. Sec. 1718. Whenever any master or commander of a vessel of the United States has occasion for any consular or other official service, which any consular officer of the United States is authorized by law or usage officially to perform, and for which any fees are allowed by the rates or tariffs of fees, he shall apply to the consular officer at the con- sulate or commercial agency where such service is required to perform such service, and shall pay to such officer the fees allowed for such serv- ice by the rates or tariffs of fees. And every such master or commander who omits so to do shall be liable to the United States tor the amount of the fees lawfully chargeable for such services when actually performed. All consular officers are authorized and required to retain in their posses- sion all the papers of such vessels, which shall be deposited with them as directed by law, till payment shall be made of all demands and wages on account of such vessels. [See §§ 4307, 4309.] 814. Sec. 1719. No consular officer, nor any person under any consular officer shall make any charge or receive, directly or indirectly, any com- pensation, by way of commission or otherwise, for receiving or disburs- ing the wages or extra wages to which any seaman or mariner is entitled who is discharged in any foreign country, or for any money advanced to any such seaman or mariner who seeks relief from any consulate or com- mercial agency; nor shall any consular officer, or any person under any consular officer, be interested, directly or indirectly, in any profit derived from clothing, boarding, or otherwise supplying or sending home any such seaman or mariner. Such prohibition as to profit, however, shall not be construed to relieve or prevent any such officer who is the owner of or otherwise interested in any vessel of the United States, from trans- porting in such vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transportation by law. [See §§ 4561, 4577, 4578, 4580, 4581, 4584.] 815. Sec. 1720. American vessels running regularly by weekly or monthly trips, or otherwise, to or between foreign ports, shall not be required to pay fees to consuls for more than four trips in a year. 816. Sec. 1721. The fee for certifying invoices to be charged by the consul-general for the British North American Provinces, and his subor- dinate consular officers and agents, for goods not exceeding one hundred dollars in value, shall be one dollar. 817. Sec. 1733. No consul, vice-consul, or consular agent in the Domin- ion of Canada, shall be allowed tonnage fees for any services, actual or APPENDIX NO. II. 349 constructive, rendered any vessel owned and registered in the United States that may touch at a Canadian port; and in the collection of official fees they shall receive foreign moneys at the rate given in the Treasury schedule of the value of foreign coins. 818. Sec. 1723. Whenever any consular oflBcer collects, or knowingly allows to be collected for any service, any other or greater fees than are allowed by law 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 are paid, treble the amount of the unlawful charge so collected, as a penalty, to be recovered with costs, in any proper form of action, by such person for his own use. And in any such case the Secretary of the Treasury may retain out of the compensation of such oflBcer, the amount of such overcharge, and of such penalty, and charge the same to such ofBcerin account, and may thereupon refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think proper so to do. 819. Sec. 1734. Every consul-general, consul, or commercial agent, mentioned in Schedules B and C, or vice-consul, or vice-commercial agent, appointed to perform the duty of any such oflftcer mentioned in Schedules B and C, who omits to collect any fees which he is entitled to charge for any oflQcial service, shall be liable to the United States there- for, as if he had collected the same ; unless, upon good cause shown therefor, the Secretary of the Treasury shall think proper to remit the same. 820. Sec. 1725. All such consuls-general, consuls, commercial agents, and consular agents, as are allowed for their compensation the whole or any part of the fees which they may collect, and all such vice-consuls and vice-commercial agents appointed to perform the duties of such consuls-general, consuls, and commercial agents as are allowed for their ' compensation the whole or any part of such fees, shall make returns in such manner as the Comptroller of the Treasury shall prescribe, of all such fees as they or any person in their behalf so collect. [As amended by section 5, Act June 31, 1894, 28 Stat., 162.] 821. Sec. 1736. Every consular oflflcer shall give receipts for all fees collected for his official services, expressing the particular services for which the same were collected. [See § 4218.] 822. Sec. 1737. Every consular officer shall number all receipts given by him for fees received for ofScial 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. He 350 APPENDIX NO. II. shall also register in a book to be kept by him for that purpose all fees so received by him, in the order in which they are received, specifying each item of service and the amount received therefor, from whom, and the dates when received, and if for any service connected with any 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 any passport, certify any invoice, or perform any other official service in the entry of the receipt of the fees therefor, and also number each consular act so receipted for with the number of such receipt, and as shown by such register. 823. Sec. 1738. Every consular oflflcer, in rendering his account of fees received shall furnish a full transcript of the register which he is required to keep, and make oath that, to the best of his knowledge, the same is true, and contains a full and accurate statement of all fees received by him, or for his use, for his official services as such consular officer, during the period for which it purports to be rendered. Such oath may be taken before any person having authority to administer oaths at the port or place where the consular officer is located. If any such consular officer willfully and corruptly commits perjury, in any such oath, within the intent and meaning of any act of Congress now or hereafter made, he may be charged, proceeded against, tried, and convicted, and dealt with in the same manner, in all respects, as if such offense had been com- mitted in the United States, before any officer duly authorized therein to administer or take such oath, and shall be subject to the same pun- ishment and disability therefor as are or shall be prescribed for such offense. 824. Sec. 1729. All fees collected by any consul or commercial agent not mentioned in Schedule B or C, or by any vice-consul or commercial agent appointed to perform their duties, or by any other person in their behalf, shall be accounted for to the Secretary of the Treasury in the manner prescribed by the iive preceding sections. 825. Sec. 1730. 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 under the regulations prescribed by the President governing the subject of fees. 826. Sec. 1731. It shall be the duty of all consular officers at all times to keep posted up in their offices, respectively, in a conspicuous place, and APPENDIX NO. II. 351 subject to the examination of all persons interested therein, a copy of Buch rates or tariffs as shall be in force. 827. Sec. 1733. Whenever the fees collected by or in behalf of any con- sul or commercial agent, not mentioned in Schedule B or C, amount to more than twenty-five hundred dollars in any one year, over and above such expenses of office-rent and clerk-hire as are approved by the Secre- tary of State, of which return shall be made to the Secretary of the Treas- ury, the excess for that year shall be held subject to the draft or other directions of the Secretary of the Treasury. 828 Sec. 1733. All moneys received for fees at any vice-consulates or consular agencies of the United States, beyond the sum of one thousand dollars in any one year, and all moneys received by any consul or consul- general from consular agencies or vice-consulates in excess of one thou- sand dollars in the aggregate from all such agencies or vice-consulates, shall be accounted for to the Secretary of the Treasury, and held subject to his draft or other directions. 829. Sec. 1734. Every consular officer who willfully neglects to render true and just quarterly accounts and returns of the business of his office, and of moneys received by him for the use of the United States, or who neglects to pay over any balance of such moneys due to the United States at the expiration of any quarter, before the expiration of the next succeeding quarter, shall be deemed guilty of embezzlement of the public moneys, and shall be punishable by imprisonment for not more than one year and by a fine of not more than two thousand dol- lars, and shall be forever disqualified from holding any office of trust or profit under the United States. 830. Sec. 1735. Whenever any consular officer willfully neglects or omits to perform seasonably any duty imposed upon him by law, or by any order or instruction made or given in pursuance of law, or is guilty of any willful malfeasance or abuse of power, or of any corrupt conduct in his office, he shall be liable to all persons injured by any such neg- lect, or omission, malfeasance, abuse, or corrupt conduct, for all dam- ages occasioned thereby; and for all such damages, 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 injured. Such suit, however, shall in no case preju- dice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against any officer, under such bond, for every willful act of malfeasance or corrupt conduct in his office. 352 APPENDIX NO. II. 831. Sec. 1736. If any consul or commercial agent neglects or omits to perform, seasonably, the duties imposed upon him by the laws regu- lating the shipment and discharge of seamen, and the reclamation of deserters on board or from vessels in foreign ports, or is guilty of any malversation or abuse of power, he shall be liable to any injured person for all damage occasioned thereby; and for all malversation and corrupt conduct in ofBce, he shall be punishable by imprisonment for not more than five years and not less than one, and by a fine of not more than ten thousand dollars and not less than one thousand. [See § 4600.] 832. Sec. 1737. If any consul, vice-consul, commercial agent, or vice- commercial agent falsely and knowingly certifies that property belong- ing to foreigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years and by a fine of not more than ten thousand dollars. 833. Sec. 1738. No consular officer shall exercise diplomatic functions, or hold any diplomatic correspondence or relation on the part of the United States, in, with, or to the government or country to which he is appointed, or any other country or government, when there is in such country any officer of the United States authorized to perform diplo- matic functions therein; nor in any case, unless expressly authorized by the President so to do. [See § 5335.J 834. Sec. 1739. For such time as any consular officer shall be author- ized to 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 which would be allowed for a secretary of legation in such country. CHAPTER III. PROVISIONS COMMON TO DIPLOMATIC AND CONSULAE OFFICERS. 835. Sec. 1740. No ambassador, envoy extraordinary, minister plenipo- tentiary, minister resident, commissioner, charg6 d'affaires, secretary of legation, assistant secretary of legation, interpreter to any legation or consulate, or consul-general, consul, or commercial agent, mentioned in Schedules B and C, shall be entitled to compensation for his services, except from -the time he reaches his post and enters upon his official duties to the time when he ceases to hold such office, and for such time as is actually and necessarily occupied in receiving his instructions, not APPENDIX NO. II. 353 to exceed thirty days, and in making the direct transit between the place of his residence, when appointed, and his post of duty, at the commence- ment 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 is appointed and actually enters upon the duties of his office at his post of duty, nor after his official residence at such post has terminated if not so relieved. But no such allowance or payment shall be made to any consul-general, consul, or commercial agent', not embraced in Schedules B and C, 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 has resigned or been recalled therefrom for any malfeasance in his office. 836. Sec. 1741. No ambassador, envoy extraordinary, minister plenipo- tentiary, minister resident, commissioner, chargS d'affaires, secretary of legation, assistant secretary of legation, interpreter for any legation or consulate, or consul-general, consul, or commercial agent, mentioned in Schedules B and C, 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 the permission previously obtained of the President. 837. Sec. 1743. No diplomatic or consular officer shall receive salary for the time during which he may be absent from his post, by leave or other- wise, beyond the term of sixty days in anyone year; but the time equal to that usually occupied in going to and from the United States in case of the return, on leave, of such diplomatic or consular officer to the United States may be allowed in addition to such sixty days. 838. Sec. 1743. The conapensation allowed by law to the various diplo- matic and consular officers shall be in full for all the services rendered and personal expenses incurred by the persons respectively for whom such compensation is provided, of whatever kind such services or per- sonal expenses may be, or by whatever treaty, law, or instructions they are required; and no allowance, other than such as is so provided, shall he made in any case for the outfit or return home of any such officer or person. 839. Sec. 1744. No compensation provided for any officer mentioned in section sixteen hundred and seventy-five, or for any assistant secretary of legation, or any appropriation therefor, shall be applicable to the pay- ment of the compensation of any person appointed to or holding any such 17824 C E 23 354 APPENDIX NO. II. office who shall not be a citizen of the United States; nor shall any other compensation be allowed in any such case. 840. Sec. 174.5. The President is authorized to prescribe, from time to time, the rates or tai'iifs of fees to be charged for official 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 difEerences as may be necessary or proper, to each legation, consulate, or commercial agency; and it shall be the 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 pre- scribed for their respective legations, consulates, and commercial agen- cies, and such rates or tariffs shall be reported annually to Congress. 841, Sec. 1746. All fees collected by diplomatic and consular officers for and in behalf of the United States shall be collected in the coin of the United States, or at its representative value in exchange. 842. Sec. 1747. All fees collected by the consuls general, consuls, and commercial agents mentioned in Schedules B and C, and by vice-con- suls and vice-commercial agents appointed to perform their duties, or by any other persons in their behalf, shall be accounted for to the Sec- retary of the Treasury, and held subject to his draft, or other directions. 843, Sec. 1748. The President is authorized to provide at the public expense all such stationery, blanks, record and other books, seals, presses, flags, and signs, as he shall think necessary for the several legations, consulates, and commercial agencies in the transaction of their business. 844, Sec. 1749. Whenever any diplomatic or consular officer of the United States dies in a foreign country in the discharge of his duty, there shall be paid to his widow, or, if no vsridow survive him, then to his heirs at law, a sum of money equal to the allowance now made to such officer for the time necessarily occupied in making the transit from his post of duty to his residence in the United States. 845. Sec. 1750. Every secretary of legation and consular officer is hereby authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his lega- tion, consulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, APPENDIX NO. II. 355 or done, by or before any such officer, when certified under his hand and seal of oflce, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, 01- deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been com- mitted in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the sanae punishment and disability therefor as are or shall be prescribed by any such act for such offense; and any docu- ment purporting to have affixed, impressed, or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counter- feit seal or signature thereto, knowing the same to be false or coun- terfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, therefor, in the district where he may be arrested or in custody. [See §§ 5393, 5393.] 846. Sec. 1751. No diplomatic or consular officer shall correspond in regard to the public affairs of any foreign government with any private person, newspaper, or other periodical, or otherwise than with the proper officers of the United- States, nor recommend any 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 accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind, from any such government. 847. Sec. 1753. The President is authorized to prescribe such regula- tions, and make and issue such orders and instructions, not inconsistent with the Constitution or any law of the United States, in relation to the 356 APPENDIX NO. II. duties of all diplomatic and consular officers, the transaction of their business, the rendering of accounts and returns, the payment of com- pensation, the safe keeping of the archives and public property in the hands of all such officers, the communication of information, and the procurement and transmission of the products of the arts, sciences, manu- factures, agriculture, and commerce, from time to time, as he may think conducive to the public interest. It shall be the duty of all such officers to conform to such regulations, orders, and instructions. TITLE XIX. (Sec. 1753-1790.) PROVISIOIfS APPIilCABLE TO SEVERAIi CLASSES OF OFFICERS. 848. Sec. 1757. Whenever any person who is not rendered ineligible to office by the provisions of the fourteenth amendment to the Constitution is elected or appointed to any office of honor or trust under the Govern- ment of the United States, and is not able, on account of his participa- tion in the late rebellion, to take the oath prescribed in the preceding section, he shall, before entering upon the duties of his office, take and subscribe in lieu of that oath the following oath: " I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." 849. Sec. 1758. The oath of office required by either of the two pre- ceding sections may be taken before any officer who is authorized either by the laws of the United States, or by the local municipal law, to administer oaths, in the State, Territory, or District where such oath may be administered. [See § 2617.] 850. Sec. 1759. The oath of office taken by any person pursuant to the requirements of section seventeen hundred and fifty-six, or of section seventeen hundred and fifty-seven, shall be delivered in by him to he preserved among the files of the House of Congress, Department, or APPENDIX NO. II. 357 court to which the offtce in respect to which the oath is made may appertain. 861. Sec. 1766. No money shall be paid to any person for his compen- sation who is in arrears to the United States, until he has accounted for and paid into the Treasury all sums for which he may be liable. In all cases where the pay or salary of any person is withheld in pursuance of this section, the accounting ofQoers of the Treasury, if required to do so hy the party, his agent or attorney, shall report forthwith to theSolicitor of the Treasury the balance due; and the Solicitor shall, within sixty days thereafter, order suit to be commenced against such delinquent and his sureties. 852. Sec. 1777. The various officers of the United States, to whom, in virtue of their ofBces and for the uses thereof, copies of the United States Statutes at Large, published by Little, Brown and Company, have been or may be distributed at the public expense, by authority of law, shall preserve such copies, and deliver them to their successors respectively as a part of the property appertaining to the office. A printed copy of this section shall be inserted in each volume of the Statutes distributed to any such officers. Chap. 275. — An act making appropriations for the consular and diplomatic service of tlie Government for tlie year ending June thirtieth, eighteen hundred and Heventy-five, and for other purposes. , 853. [Par. 3.] The bonds which consular officers who are not compen- sated by salaries are required by the thirteenth section of the act of August eighteenth, eighteen hundred and fifty-six, ' to enter into, shall hereafter be made with such sureties as the Secretary of State shall approve. 854. Sec. 3. That the President shall be, and is hereby, authorized to appoint interpreters to the consulates at Shanghai, Tien Tsin, Fowchow, and Kanagawa, and to allow them salaries not to exceed, in either case, the rate of two thousand dollars a year; And to appoint interpreters to the consulates at Hankow, Amoy, Can- ton, and Hong-Kong, and to allow them salaries not to e-^.ceed, in either case, the rate of seven hundred and fifty dollars a year; And also to allow, at his discretion, a sum not exceeding the rate of five hundred dollars for any one year to any one consulate in China or ' The provisions here referred to of the act of 1856, ch. 127 (11 Stat. L. , 52), are incor- porated into Eevised Statutes in section 1697. 358 APPENDIX NO. II. Japan, respectively, not herein named, for expenses of interpretation; and that section six of the act entitled "An act to regulate the diplo- matic and consular systems of the United States," approved August eighteenth, eighteen hundred and fifty-six, is hereby repealed.' 855. Sec. 4. That the Secretary of State shall, as soon as practicable, establish and determine the maximum amount of time actually neces- sary to make the transit between each diplomatic and consular post and the city of Washington, and vice versa, and shall make the same public. He may also, from time to time, revise his decision in this respect; but in each case the decision is to be in like manner made public. And the 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 deter- mined, 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. 856. Sec. 5. That from and after the first day of July next, the annual salary of consular clerks who shall have remained continuously in serv- ice as such for the period of five years and upward shall be one thousand two hundred dollars. 857. Sec. 6.^ That any vice-consul who may be temporarily acting as consul during the absence of such consul may receive compensation, notwithstanding that he is not a citizen of the United States. * * [June 11, 1874.] Chap. 394. — An a«t relating to ambassadors, consuls and other officers. 858. Beit enacted, &c., That no Ambassador, Envoy Extraordinary, Minister Plenipotentiary, Minister Resident, Commissioner to any foreign country, charge d'affaires. Secretary of Legation, Assistant Secretary of Legation, Interpreter to any legation in any foreign coun- try. 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 the iSectionBof the act of 1856, ch. 127 (11 Stat. L. , 55), here repealed, forms § 1693 of the Eevised Statutes, which therefore seems to be superseded or repealed by the provisions of this act. " The provision of this section seems to have reference to that part of section 21 of the act of 1856, ch. 127 (11 Stat. L., 60), which provided that compensation to officers mentioned in Schedules B and C should not apply to the payment of any such officer who shall not be a citizen of the United States, but which was omitted from the Revised Statutes as the section was incorporated therein in section 1744. APPENDIX NO. II. 359 permission previously obtained of the President. And no compensa- tion 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 correspond in regard to the public affairs of any foreign government with any private person, news- paper, or other periodical, or otherwise than with the proper oflQcers of the United States; Nor without the consent of the Secretary of State previously obtained, recommend any 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 accept, for himself or any other person, any present, emol- ument, pecuniary favor, office, or title of any kind frona any such gov- ernment. [.Tune 17, 1874.] Chap. 157. —An act to abolish the consulate at Amoor Eiver and establish a consulate at Vladivostock, Russia, and for other purposes. 859. Be it enaxited, &c. * * * And that the consul at Vladivostock and the consuls at Fayal and Auckland be, and they severally hereby are, exempted from the prohibition to engage in business and trade embraced in sections one thousand six hundred and ninety-nine and one thousand and seven hundred of the Revised Statutes of the United States. [March 3, 1875.] Chap. 28. — An act making appropriations for the consular and diplomatic service of the government for the year ending June thirtieth, eighteen hundred and eighty, and for other purposes. 860. Be it enacted, (fee. * * * [Par. l.j And it shall be the duty of consuls to make to the Secretary of State a quarterly statement of exports from, and imports to, the different places to which they are accredited, giving, as near as may be, the market price of the various articles of exports and imports, the duty and port charges, if any, on articles imported and exported, together with such general information as they may be able to obtain as to how, where, and through what channels a market may be opened for American products and manu- factures. In addition to the duties now imposed by law, it shall be the duty of consuls and commercial agents of the United States, annually, to pro- cure and transmit to the Department of State, as far as practicable, information respecting the rate of wages paid for skilled and unskilled labor within their respective jurisdictions. * * - 360 APPENDIX NO. II. Chap. 46.— An act amending the Revised Statutes of the United States in respect of ofiicial oaths, and for other purposes. 861. Sec. 2. That section seventeen hundred and fifty-six of the Ee- vised Statutes be, and the same is hereby, repealed ; And hereafter the oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval serv- ice, except the President of the United States, shall be as prescribed in section seventeen hundred and fifty-seven of the Revised Statutes. But this repeal shaU not aft'ect the oaths prescribed by existing statutes in relation to the performance of duties in special or particular .sub- ordinate offices and employments. Deficiency appropriation act approved July 7, 1884, 33 Stat., 236. 862. Be it enacted, &c. * * * [Par. 1.] And hereafter it shall not be lawful for any consular officer to appropriate to his own use or expend from the amount received from the fees of his office any sum in excess of the allowance of salary and fees directly authorized by law, and con- sular officers paid exclusively by fees and consuls paid in part by salary and in part by fees, shall only appropriate to their own use or expend such portion of the fees as is authorized by law. * * * Chap. 150.— An act making appropriations for the consular and diplomatic service of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-six, and for other purposes. 863. [Par. 4.] And hereafter no consul or consul-general shall be enti- tled to or allowed any part of any salary appropriated for payment of a secretary or second secretary of legation or interpreter. * * * [Feb- ruary 35, 1885.] TITLE XXV. CITIZENSHIP. 864. Sec. 1993. All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. 865. Sec. 1993. All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citi- zens of the United States ; but the rights of citizenship shall not descend to children whose fathers never resided in the United States. APPENDIX NO. II. 361 866. Sec. 1994. Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen. 867. Sec. 1995. All persons born in the district of country formerly known as the Territory of Oregon, and subject to the jurisdiction of the United States on the 18th May, 1873, are citizens in the same manner as if born elsewhere in the United States. 868. Sec. 1996. All persons who deserted the military or naval serv- ice of the United States and did not return thereto or report them- selves to a provost-marshal, within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any ofBce of trust or profit under the United States, or of exercising any rights of citizens thereof.' 869. Sec. 1997. No soldier or sailor, however, who faithfully served according to his enlistment until the 19th day of April, 1865, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date, shall be held to be a deserter from the Army or Navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the pre- ceding section, by the loss of citizenship and of the right to hold offlce, in consequence of his desertion. 870. Sec. 1998. Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the pen- alties and forfeitures of section nineteen hundred and ninety-six. 871. Sec. 1999. Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recog- nition of this principle this Govei'nment has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descend- ants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace 1 The act of March 2, 1889 (25 Stat., 869), as amended by act of March 2, 1891 (26 Stat., 834), authorizes the Secretary of War lo remove the charge of desertion in certain specified cases. I 362 APPENDIX NO. II. that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any oflBcer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic. 872. Sec. 2000. All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive from this Government the same protection of persons and property which is accorded to native- born citizens. 873. Sec. 3001. Whenever it is made known to the President that any citizen of the United States has been unjustly deprived of his liberty by or under the authority of any foreign government, it shall be the duty of the President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings rela- tive thereto shall as soon as practicable be communicated by the Presi- dent to Congress. TITLE XXX. XATUKALIZATIOK. 874. Sec. 2165. An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise: First. He shall declare on oath, before a circuit or district court of the United States, or a district or supreme court of the Territories, or a court of record of any of the States having common-law jurisdiction, and a seal and clerk, two years, at least, prior to his admission, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all aJlegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. Second. He shall, at the time of his application to be admitted, declare, on oath, before some one of the courts above specified, that he will sup- port the Constitution of the United States, and that he absolutely and APPENDIX NO. II. 36.S entirely renounces and abjures all allegiance and fidelity to ever y foreign priiice, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Third. It shall be made to appear to the satisfaction of the court admit- ting such alien that he has resided within the United States five years at least, and within the State or Territory where such court is at the time held, one year at least; and that during that time he has behaved as a man of a good moral character, attached to the principles of the Consti- tution of the United States, and well disposed to the good order and hap- piness of the same ; but the oath of the applicant shall in no case be allowed to prove his residence. Fourth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court. Fifth. Any alien who was residing within the limits and under the jurisdiction of the United States before the twenty-ninth day of Janu- ary, one thousand seven hundred and ninety-five, may be admitted to become a citizen, on due proof made to some one of the courts above specified, that he has resided two years, at least, within the jurisdiction of the United States, and one year, at least, immediately preceding his application, within the State or Territory where such court is at the time held; and on his declaring on oath that he will support the Consti- tution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, poten- tate, state, or sovereignty whereof he was before a citizen or subject; and, also, on its appearing to the satisfaction of the court, that during such term of two years he has behaved as a man of good moral charac- ter, attached to the Constitution of the United States, and well disposed to the good order and happiness of the same; and where the alien, apply- ing for admission to citizenship, has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his, moreover, making dn the court an express renunciation of his title or order of nobility. All of the proceedings, required in this con- dition to be performed in the court, shall be recorded by the clerk thereof. 364 APPENDIX NO. II. Sixth. Any alien who was residing within the limits and under the jurisdiction of the United States, between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the -sighteenth day of June, one thousand eight hundred and twelve, and ;syho has continued to reside within the same, may be admitted to become a citizen of the United States without having made any previous declaration of his inten- tion to become such; but whenever any person, without a certificate of such declaration of intention, makes application to be admitted a citizen, it must be proved to the satisfaction of the court, that the applicant was residing within the limits and under the j urisdiction of the United States before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same; and the residence of the applicant within the limits and under the jurisdiction of the United States, for at least five years immediately preceding the time of such application, must be proved by the oath of citizens of the United States, which citizens shall be named in the record as witnesses; and such continued residence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place where the applicant has resided for at least five years, shall be stated and set forth, together with the names of such citizens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. [Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the declaration of intention to become a citizen of the United States, required by section two thousand one hundred and sixty five of the Revised Statutes of the United States, may be made by an alien before the clerk of any of the courts named in said section two thousand one hundred and sixty five; and all such declarations heretofore made before any such clerk are hereby declared as legal and valid as if made before one of the courts named in said section.] 875. Sec. 3166. Any alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or the volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, vyithout any previous declaration of his inten- tion to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in APPENDIX NO. II. 365 addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of stich person's having been honorably discharged from the service of the United States. 876. Sec. 2167. Any alien, being under the age of twenty-one years, who has resided in the United States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of section twenty-one hundred and sixty- five; but such alien shall make the declaration required therein at the time of his admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona-fide intention to become a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturalization. 877. Sec. 3168. When any alien, who has complied iwith the first con- dition specified in section twenty-one hundred and sixty-five, dies before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths proscribed (') by law. 878. Sec. 3169. The provisions of this Title shall apply to aliens [being free white persons, and to aliens] of African nativity and to persons of African descent. 879. Sec. 3170. No alien shall be admitted to become a citizen who has not for the continued term of five years next preceding his admission resided within the United States. 880. Sec. 3171. No alien who is a native citizen or subject, or a deni- zen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States; but persons resident within the United States, or the Territories thereof, on the eighteenth day of June, in the year one thousand eight hundred and twelve, who had before that day made a declaration, according to law, of their intention to become citizens of the United States, or who were on that day entitled (') Error in the Eoll; should he prescribed. 366 APPENDIX NO. II. to become citizens without making such declaration, may be admitted to become citizens thereof, notwithstanding they were alien enemies at the time and in the manner prescribed by the laws heretofore passed on that subject; nor shall anything herein contained be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturaliza- tion of such alien. 881. Sec. 2172: The children of persons who have been duly natural- ized under any law of the United States, or who, previous to the passing of any law on that subject, by the Government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof; but no person heretofore proscribed by any State, or who has been legally convicted of having joined the army of Great Britain during the Eevolutionary War, shall be admitted to become a citizen without the consent of the legislature of the State in which such person was proscribed. 882. Sec. 2173. The police court of the District of Columbia shall have no power to naturalize foreigners. 883. Sec. 2174. Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant-vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his cer- tificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a for- eigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the pui-pose of manning and serving on board any merchant- vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen. APPENDIX NO. 11. 367 Chap. 119.— An act to provide for the allotment of lands in seTeralty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes. 884. Sec. 6. * * * And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens, whether said Indian has been or not, by birth or otherwise, a member of any tribe of Indians within the territorial limits of the United States without in any manner impairing or otherwise affecting the right of any such Indian to tribal or other property. * * * Chap. 818.— An act in relation to marriage between white men and Indian women. 885. Sec. 3. That every Indian woman, member of any such tribe of Indians, who may hereafter be married to any citizen of the United States, is hereby declared to become by such marriage a citizen of the United States, with all the rights, privileges, and immunities of any such citizen, being a married woman: Provided, That nothing in this act contained shall impair or" in any way affect the right or title of such married woman to any. tribal prop- erty or any4nterest therein. 886. Sec. 3. That whenever the marriage of any white man with any Indian woman, a member of any such tribe of Indians, is required or offered to be proved in any judicial proceeding, evidence of the admission of such fact by the party against whom the proceeding is had, or evi- dence of general repute, or of cohabitation as married persons, or any other circumstantial or presumptive evidence from which the fact may be inferred, shall be competent. [August 9, 1888.] Chap. 182.— An act to provide a temporary government for the Territory of Okla- homa, to enlarge the jurisdiction of the United States Court in the Indian Terri- tory, and for other purposes. 887. Sec. 43. That any member of any Indian tribe or nation resid- ing in the Indian Territory may apply to the United States court therein to become a citizen of the United States, and such court shall have juris- diction thereof and shall hear and determine such application as pro- vided in the statutes of the United States; * * * 3C8 APPENDIX NO. II. Chap. 165.— An act making appropriations for the Naval Service for the fiscal year ending June thirtieth, eighteen hundred and ninety -five, and for other purposes. 888. Any alien of the age of twenty-one years and upward who has enlisted or may enlist in the United States Navy or Marine Corps, and has served or may hereafter serve five consecutive years in the United States Navy or one enlistment in the United States Marine Corps, and has been or may hereafter be honorably discharged, shall be admitted to become a citizen of the United States upon his petition, without any pre- vious declaration of his intention to become such; and the court admit- ting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in an honorable dis- charge from the United States Navy or Marine Corps: TITLE XXIX. IMMIGRATION. 889. Sec. 3158. No citizen of the United States, or foreigner coming into or residing within the same, shall, for himself or for any other per- son, either as master, factor, owner, or otherwise, build, equip, load, or otherwise prepare, any vessel, registered, enrolled, or licensed, in the United States, for the purpose of procuring from any port or place the subjects of China, Japan, or of any other oriental country, known as "coolies," to be transported to any foreign port, or place, to be disposed of, or sold, or transferred, for any time, as servants or apprentices, or to be held to service or labor. 890. Sec. 3159. If any v-ssel, belonging in whole or in part to a citizen of the United States, and registered, enrolled, or otherwise licensed therein, be employed in the " cooly-trade," so called, contrary to the pro- visions of the preceding section, such vessel, her tackle, apparel, furni- ture, and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized, prosecuted, and condemned in any of the circuit courts or district courts of the' United States for the district where the vessel may be found, seized, or carried. 891. Sec. 3160. Every person who so builds, fits out, equips, loads, or otherwise prepares, or who sends to sea, or navigates, as owner, master,' factor, agent, or otherwise, any vessel, belonging in whole or in part to a citizen of the United States, or registered, enrolled, or licensed within the same, knowing or intending that such vessel is to be or may be APPENDIX WO. II. 369 employed in that trade, contrary to the provisions of section twenty-one hundred and fifty-eight, shall be liable to a fine not exceeding two thou- sand dollars, and be imprisoned not exceeding one year. 892. Sec. 2161. Every citizen of the United States who, contrary to the provisions of section twenty-one hundred and fifty-eight, takes on board of any vessel, or receives or transports any such subjects as are described in that section, for the purpose of disposing of them in any way as therein prohibited, shall be liable to a fine not exceeding two thousand dollars and be imprisoned not exceeding one year. 893 Sec. 2163. Nothing herein contained shall be deemed to apply to any voluntary emigration of the subjects specified in section twenty-one hiindred and fifty-eight, or to any vessel carrying such person as passen- ger on board the same, but a certificate shall be prepared and signed by the consul or consular agent of the United States residing at the port from which such vessel may take her departure, containing the name of such person, and setting forth the fact of his voluntary emigration from such port, which certificate shall be given to the master of snch vessel; and the same shall not be given until such consul or consular agent is first personally satisfied by evidence of the truth of the facts therein contained. 894. Sec. 2163. The President is empowered, in such way and at such time as he may judge proper, to direct the vessels of the United States, and the masters and commanders thereof, to examine all vessels navi- gated or owned in whole or in part by citizens of the United States, and registered, enrolled, or licensed under the laws thereof, whenever in the judgment of such master or commanding oflicer, reasonable cause exists to believe that such vessel has on board any subjects of China, Japan, or other oriental country, known as "coolies;" and, upon sufBcient proof that such vessel is employed in violation of the preceding provisions, to cause her to be carried, with her officers and crew, into any port or dis- trict within the United States, and delivered to the marshal of such district, to be held and disposed of according to law. 895. Sec. 2164. No tax or charge shall be imposed or enforced by any State upon any person immigrating thereto from a foreign country, which is not equally imposed and enforced upon every person immigrating to such State from any other foreign country. Chap. 141,— An act supplementary to the acts in relation to inamigration. 896. Be it enacted, &c., That in determining whether the immigration of any subject of China, Japan, or any Oriental country, to the United 17824 C E 24 370 APPENDIX NO. II. States, is free and voluntary, as provided by section two thousand one iundred and sixty-two of the Revised Code, title "Immigration," it shall be the duty of the consul-general or consul of the United States Tesiding at the port from which it is proposed to convey such subjects, in any vessels enrolled or licensed in the United States, or any port "within the same, before delivering to the masters of any such vessels the permit or certificate provided for in such section, to ascertain "whether such immigrant has entered into a contract or agreement for a term of service within the United States, for lewd and immoral pur- poses; and if there be such contract or agreement, the said consul- general or consul shall not deliver the required permit or certificate. 897. Sec. 3. That if any citizen of the United States, or other person amenable to the laws of the United States, shall take, or cause to be taken or transported, to or from the United States any subject of China, Japan, or any Oriental country, without their free and voluntary con- sent, for the purpose of holding them to a term of service, such citizen or other person shall be liable to be indicted therefor, and, on conviction of such offense, shall be punished by a fine not exceeding two thousand dollars and be imprisoned not exceeding one year; And all contracts and agreements for a term of service of such per- sons in the United States, whether made in advance or in pursuance of such illegal importation, and whether such importation shall have been in American or other vessels, are hereby declared void. 898. Sec. 3. That the importation into the United States of women for the purposes of prostitution is hereby forbidden; and all contracts and agreements in relation thereto, made in advance or in pursuance of such illegal importation and purposes, are hereby declared void; and whoever shall knowingly and willfully import, or cause any importation of, women into the United States for the purposes of prostitution, or shall knowingly or "willfully hold, or attempt to hold, any woman to such purposes, in pursuance of such illegal importation and contract or agree- ment, shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned not exceeding five years and pay a fine not exceeding five thousand dollars. 899. Sec. 4. That if any person shall knowingly and willfully contract, or attempt to contract, in advance or in pursuance of such illegal impor- tation, to supply to another the labor of cooly or other person brought ir.to the United States in violation of section two thousand one hundred and fifty-eight of the Revised Statutes, or of any other section of the laws prohibiting the cooly-trade or of this act, such person shall be APPENDIX NO. II, 371 deemed guilty of a felony, and, upon conviction thereof, in any United States court, shall be fined in a sum not exceeding five hundred dollars and imprisoned for a term not exceeding one year. 900. Sec. 5. Thatitshallheunlawfulfor aliens of the following classes to immigrate into the United States, namely, persons who are undergo- ing a sentence for conviction in their own country of felonious crimes other than political or growing out of or the result of such political offenses, or whose sentence has been remitted on condition of their emi- gration, and women "imported for the purposes of prostitution." Every vessel arriving in the United States may be inspected under the direction of the collector of the port at which it arrives, if he shall have reason to believe that any such obnoxious persons are on board; and the oflcer making such inspection shall certify the result thereof to the master or other person in charge of such vessel, designating in such certificate the person or persons, if any there be, ascertained by him to he of either of the classes whose importation is hereby forbidden. When such inspection is required by the collector as aforesaid, it shall be unlawful, without his permission, for any alien to leave any such Ves- sel arriving in the United States from a foreign country until the inspec- tion shall have been had and the result certified as herein provided; And at no time thereafter shall any alien certified to by the inspect- ing ofELcer as being of either of the classes whose immigration is forbidden by this section, be allowed to land in the United States,- except in obe- dience to a judicial process issued pursuant to law. If any person shall feel aggrieved by the certificate of such inspecting ofBcer stating him or her to be within either of the classes whose immi- gration is forbidden by this section, and shall apply for release or other remedy to any proper court or judge, then it shall be the duty of the col- lector at said port of entry to detain said vessel until a hearing and deter- mination of the matter are had, to the end that if the said inspector ' shall he found to be in accordance with this section and sustained, the obnoxious person or persons shall be returned on board of said vessel, and shall not thereafter be permitted to land, unless the master, owner, or consignee of the vessel shall give bond and security, to be approved by the court or judge hearing the cause, in the sum of five hundred dollars for each such person permitted to land, conditioned for the return of such person, within six months from the date thereof, to the country whence his or her emigration shall have taken place, or unless the vessel ' "^iB word is so written on the roll. 372 APPENDIX NO. II. ■bringing such obnoxious person or persons shall be forfeited, in which event the proceeds of such forfeiture shall be paid over to the collector of the port of arrival, and applied by him, as far as necessary, to the return of such person or persons to his or her own country within the said period of six months. And for all violations of this act, the vessel, by the acts, omissions, or connivance of the owners, master, or other custodian, or the consignees of which the same are committed, shall be liable to forfeiture, and may be proceeded against as in cases of frauds against the revenue laws, for which forfeiture is prescribed by existing law. [March 3, 1875.] Chap. 376.— An act to regulate Immigration. 901. Be it enacted, &c., That there shall be levied, collected, and paid a duty of fifty cents for each and every passenger not a citizen of the United States who shall come by steam or sail vessel from a foreign port to any port within the United States. The said duty shall be paid to the collector of customs of the port to which such passenger shall come, or if there be no collector at such port, then to the collector of customs nearest thereto, by the master, owner, agsnt, or consignee of every such vessel, within .twenty-four hours after the entry thereof into such port. The money thus collected shall be paid into the United States Treasury, and shall constitute a fund to be called the immigrant fund, and shall be used, under the direction of the Secretary of the Treasury, to defray the expense of regulating immigration under this act, and for the care of immigrants arriving in the United States, for the relief of such as are in distress, and for the general purposes and expenses of carrying this act into effect. The duty imposed by this section shall be a lien upon the vessels which shall bring such passengers into the United States, and shall be a debt in favor of the United States against the owner or owners of such vessels; and the payment of such duty may be enforced by any legal or equitable remedy. Provided, That no greater sum shall be expended for the purposes hereinbefore mentioned, at any port, than shall have been collected at such port. 902. Sec. 2. That the Secretary of the Treasury is hereby charged with the duty of executing the provisions of this act and with supervision over the business of immigration to the United States, and f of that pur- pose he shall have power to enter into contracts with such State com- mission, board, or officers as may be designated for that purpose by the APPENDIX NO. II. 373 governor of any State to take charge of the local afEairs of immigration in the ports within said State, and to provide for the support and relief of such immigrants therein landing as may fall into distress or need public aid, under -the rules and regulations to be prescribed by said Secretary; And it shall be the duty of such State commission, board, or ofBcera so designated to examine into the condition of passengers arriving at the ports within such State in any ship or vessel, and for that purpose all or any of such commissioners or officers, or such other person or per- sons as they shall appoint, shall be authorized to go on board of and through any such ship .or vessel; And if on such examination there shall be found among such passen- gers any convict, lunatic, idiot, or any person unable to take care of' himself or herself without becoming a public charge, they shall report the same in writing to the collector of such port and such persons shall not be permitted to land. 903. Sec. 3. That the Secretary of the Treasury shall establish such regulations and rules and issue from time to time such instructions not inconsistent with law as he shall deem best calculated to protect the United States and immigrants into the United States from fraud and loss, and for carrying out the provisions of this act and the immigration laws of the United States; and he shall prescribe all forms of bonds, entries, and other papers to be used under and in the enforcement of the< various provisions of this act. 904. Sec. 4. That all foreign convicts except those convicted of polit- ical offenses, upon arrival, shall be sent back to the nations to which they belong and from whence they came. The Secretary of the Treasury may designate the State board of char- ities of any State in which such board shall exist by law, or any com- mission in any State, or any person or persons in any State whose duty it shall be to execute the provisions of this section without compensation. The Secretary of the Treasury shall prescribe regulations for the return of the aforesaid persons to the countries from whence they came, and shall furnish instructions to the board, commission, or persons charged with the execution of the provisions of this section as to the' mode of procedure in respect thereto, and may change such instructions from time to time. The expense of such return of the aforesaid persons not permitted to land shall be borne by the owners of the vessels in which they came. 905. Sec. 5. That this act shall take effect immediately. [Aug. 3, 1883.] 374 APPENDIX NO. II. AN ACT to remove certain burdens on the American merchant marine and encour- age the American foreign carrying trade and for other purposes, approved June 26, 1884. 906. Sec. 32. That until the provisions of section one, chapter three liundred and seventy-six, of the laws of eighteen hundred and eighty- two, shall be joade applicable to passengers coming into the United States by land carriage, said provisions shall not apply to passengers coming by vessels employed exclusively in the trade between the ports of the United States and the ports of the Dominion of Canada or the ports of Mexico. Chap. 164. —An act to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, ajid the District of Columbia. 907. Be it enacted, ■a o 2 a < Time of service. i 1 6 ! 1 o ar(agrapTi 189.) United States of America: (Date and place of first signature of agreement, including name of ConsTilar Officer.) It is agreed between the master and seamen or mariners of the , of which is at present master, or -whoever shall go for master, now bound from the port of ' to and such other ports and places in any part of the world as the master may direct and back to a final port of discharge in the United States, for a term not exceeding calendar months.^ And the said crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respec- tive duties, and to be obedient to the lawful command of the said master, or of any person who shall lawfully succeed him, and of their superior officers, in everything relating to the said ship, and the stores and cargo thereof, whether on board, in boats, or on shore; and in consideration of which service, to be duly performed, the said master hereby agreea to pay to the said crew as wages the sums against their names respec- tively expressed, and to supply them with provisions according to the annexed scale. And it is hereby agreed that any embezzlement or will- ful or negligent destruction of any part of the ship's cargo or stores shall be made good to the owner out of the wages of the person guilty of the same. And if any person enters himself as qualified for a duty which he proves himself incompetent to perform, his wages shall be reduced in proportion to his incompetency. And it is also agreed that if any member of the crew considers himself to be aggrieved by any breach of the agreement, or otherwise, he shall represent the same to the master or officer in charge of the ship, in a quiet and orderly manner, who shall thereupon take such steps as the case may require. And it is also agreed that (here any other stipulations may be inserted to which the parties agree, and which are not contrary to law). 1 Here the voyage is to be described, and the places named at which the ship is to touch, or, if that can not be done, the general nature and probable iength of the voyage is to be stated, and the port or country at which the voyage is to terminate. " If these words are not necessary they must be stricken out. APPENDIX NO. VI. 713 In witness whereof the said parties have subscrihed their names hereto on the days against their respective signatures mentioned. Signed hy , master, on the day of , eighteen hundred and . 1 i Height. Descrip- tion. ■3 § S I p< 1 1 ■3 a 1 Time of service. I '3 1 i 1 ■s 1 1 .2 S •II 9 « i f < . £ a -» £ fe i si 1 1 1 1 1 Note,— In the place for signatures and descriptions of men engaged after the first departure of the ship the entries are to be made as above, except that the signature of the Consul or Vice-Consul, officer of customs, or witness before whom the man is engaged, is to be substituted for that of the shipping master. Account of apprentices on board. Christian and surname of ap- prentice in full. Date of registry of indenture Port at which indenture was •registered. Date of register of assignment. Port at which assignment was registered. 714 APPENDIX NO. VI, TabTiF. D.— (To be inserted in agreement.) — SecUe of prmHtioiis to be allowed and served out to the crew_ dmeinig the voyage. 1 I 1 (S i 5 1 i 1 i 02 1 Lbs. Lbs. li '"u "'ii Lbs. Lbs. i ...... ""i Pts. Pts. Pts. Ozs. Ozs. Ozs. 2 Z 2 Z 2 2 e*.. ■Mf»T|fifl,y i . 3 3 Wednesday - . - i 3 8 Friday i 8 Saturday 3 (Here any stipulation for changes, or substitution of one article for another, may be inserted.) SUBSTITUTES. One ounce of coffee, or cocoa, or chocolate, may be substituted for one quarter ounce of tea; molasses for sugar, the quantity to be one- half more; one pound of potatoes or yams, one-half pound flour or rice, one-third pint of pease, or one-quarter pint of barley, may be substi- tuted for each other. When fresh meat is issued, the proportion to be two pounds per man per day, in lieu of salt meat. Flour, rice, and pease, beef and pork, may be substituted for each other, and for pota- toes onions may be substituted. Form No. 16. Acknowledgment and indorsement on shipping agreement between master and crew. (Paragraph 189.) Consulate of the United States op Ameeica at -, On this day of -, A. D. 189—, appeared before me, , consul of the United States at , A B, etc. , all personally known to me, and in my presence signed the within agreement with my sanction, and in all respects complied with the requirements of the act approved June 7, 1873, entitled "An act to authorize the appointment of shipping- commissioners by the several circuit courts of the United States, to APPENDIX NO. VI, 715 superintend the shipping and discharge of seamen engaged in merchant- ships belonging to the United States, and for the further protection of seamen." And I do certify that the said A B, etc.j each for himself, acknowledged that he had read or had heard read the said agreement and understood the same, and that while sober and not in a state of intoxication he signed it freely and voluntarily for the uses and purposes therein mentioned. Given under my hand and the seal of this consulate the day and year first above written. [seal.] , U. S. Consul. FOEM No. 17. Certificate of discharge of seamen, to be attached to crew lists and ship- ping articles. (Paragraph 209.) Consulate of the United States, , , 1S9—. Character, . Capacity, . Height, . Ship's name, . OflBcial number, , Seaman's name, . Port of registry, Tonnage, . Description of voyage, Seaman's age, . Place of birth. . Complexion, Color of hair, — Color of eyes, Date and cause of discharge, - Place of discharge, . I hereby certify that the particulars herein stated are correct, and that the above-named seaman was discharged accordingly. Dated at , this day of , 189 — . Master. Given to the above-named seaman in my presence this -, 189—. Seaman. day of [SEAL.] U. S. Consul. fie APPENDIX NO. VI. FOEM No. 18. Certificate of discharge of seaman. (Paragraph 209.) Consulate of the United States of America, , , 1S9—, Name of ship, . Official number, . Port of registry, . Tomiage, . Description of voyage or employment, . Name of seaman, . Place of birth, . Age, years. Character, . Ability. . Capacity, . Date of entry, , 189—. Date of discharge, ■ , 189 — . Place of discharge, . I certify that the above particulars are correct, and that the above- named seaman was discharged accordingly. Seafnan. Master, Given to jbhe above-named seaman in my presence this day of , eig]^teen hundred and ninety . U. S. Consul. Form No. 19. Certificate and oath of a new master appointed by consul. (Paragraph 216.) I, , do solemnly and truly swear that I am a citizen of the United States of America, having been born in [or natu- ralized, as the case may bej . Sworn and subscribed to this — j— day of , before me. U. S. Consul. APPENDIX NO. VI. Consulate of the United States of America at ■ 717 , 189—. I, the undersigned, consul of the United States of America, etc., do hereby certify that , having taken and subscribed the oath required by law, is at present master of the , of , in lieu of , the former master. Given, etc. U. S. Consul. Form No. 20. Declared-export return. (Paragraphs 586,587.) Statement showing the declared value of exports from the conmlar district of - the United States during the four quarters of the year ended , ■to Articles. Septem- December March 30, ber 31,1884. 31, 1885. 1885. Quarters ending- June 30 1885. Total for the year. U. S. Consul. IToTE.— This form Is to be filled up and sent to the Department of State at the end of each fiscal year. The articles of export are to be arranged in alphabetical order. Form No. 21. Certificate for cancellation of crew bond. (Paragraph 197.) Consulate of the United States at 189—. Sir: The accompanying list contains the names, places of birth, resi- dence, and description of persons composing the crew of the , of 7X8 APPENDIX NO. VI. -, whereof is master, granted in the district of -. on the day of , 189 — , and shows who of said crew have been discharged by me, or who have died, absconded, or been- forcibly impressed into other service. New articles have been certified in place of those certified at your port. Respectfully, yours, , U. S. Consul, To the Collector of Customs, Port of , United States of America. Form No. 23. Order to send seaman to hospital. (Paragraph 272.) Consulate OF the United States of America at - -, 189- Sir: You will please admit into your hospital , an invalid destitute American seaman, requiring medical aid, for account of this Consulate. I am, sir, your obedient servant, U. S. Consul. , M. D. Form No. 33. Certificate given to masters whose seamen leave hospital against physician's advice. (Paragraph 272.) Consulate of the United States of America at - 189-. I, the undersigned, Consul, etc., do hereby certify that - who_ has been duly shipped before me in the , of - - master, was sent to the hospital at this port by me upon his own ap- plication, and, after being examined by the attending physician of the said hospital, was pronounced a fit subject and duly admitted to be cured of the disease. That, contrary to the advice and opinion of the said attending physician, the said left the hospital a few days APPENDIX NO. VI. 719 thereafter, insisting that he was well and able to do seaman's duty and return home. That, in consequence of his iU-health and liability to go upon the sick-list at sea, several masters of American vessels refused to ship him before he entered on board of the as aforesaid; and this certificate is granted to Captain , at his own request, to pro- tect him hereafter should the said , in consequence of the disease aforesaid, be unable to perform the duty required of him as a seaman on the voyage from this port to . Given, etc. U. S. Consul. Form No. 24. Certificate given by consular officers to masters of vessels transporting to the United States destitute American seamen. (Paragraph 282.) Consulate of the United States op America. , 189—. I, the undersigned, Consular Officer of "the United States of America at , do hereby certify that I have sent to , on board the American , tons burden, whereof (full name) is master, the following-named destitute American seamen: Names of seamen. Name of vessel on which they last served. Port belonging to. and have agreed with- the said master that on presentation of this certir ficate at the Treasury Department, bearing an indorsement of the col- lector of customs at the port of aforesaid, that the seamen herein mentioned have arrived in said vessel within his district, he shall and will be entitled to receive the sum of dollars for passage, being the sum of dollars for each seaman. But if the voyage shall continue beyond the period of thirty days from the date of sailing, and it shall be so certified by the collector of customs, the said master shall and will be entitled to receive the sum of dollars for their 720 APPENDIX NO. VI. passage, being the sum of dollars for each seaman, in conformity to section 9 of the act of June 26, 1884, and section 18 of the act of June 19, 1886. And I further certify that the regular charge for a steerage passage on said vessel from this port of in the United States is | , and that the distance is miles. Givenunder my hand and seal of ofBce this day of , 189—. V. S. Consul. ' CusTOM-HousE, Collector's Office, , 189-. I hereby certify under seal of my office that the seamen, to the number of , named in the within consular certificate, have arrived ■within this district in the within-named vessel, of tons burden, as per register on file in this office, and that the voyage from covered a period of days, and that performed no duty on the voyage by reason of inability. [seal.] , Collector. FoEM No. 25. (Omitted.) Form No. 26. Affidavit or certificate of attending physician. (Paragraph 281.) I hereby swear (or certify, as the case may be) that A B, C D, and E F, sick American seamen,were attended by me during the quarter ending the day of , 189—, and that the health of the said named persons was such during that time that it would have endangered their lives to have sent them on their homeward voyage. , M. D. ' If the vessel is a foreign one its nationality must be stated in this certificate by the consular officer, with the reason for engaging passage thereon instead of on an American vessel. Whenever a seaman is imable to perform duty the consular officer must state on this certificate the nature and cause of his disability, and what in his opinion will be a fair and reasonable allowance in addition to the rate fixed by law for the passage of a seaman who can perform duty. APPENBIX NO. VI. 721 ■FOKM No. 37. Complaint by crew of bad quality or insufficient quantity of provisions or water. (Paragraph 316.) To , Consul of the United States at ; The tmdersigned, three or more of the crew of the , a merchant ship of the United States, complain that the provisions [or water] [or both] for the nse of the crew of the said vessel are of had quality and unfit for use [or are deficient in quantity] , and request an examination of the same according to law. Dated at , the day of , 189 — . [Signatures.] FOEM No. 38. Notice to master of result of examination on complaint of crew. (Paragraph 316.) Consulate op the United States at , , 189—. To ' , m,aster of the , a merchant ship of the United States now in this port: I hereby signify to you in writing that on complaint made on the day of , by , , and , a part of the crew of the said vessel, I have this day examined the provisions [and water] [or either of them, as the case may be] for the use of the crew of the said vessel, and have found them to be [or not to be] of bad quality and unfit for use [or deficient in quantity] . Given under my hand and the seal of the consulate this day of , A. D. 189—. L.'] , U. S. Consul. 17824 C B 46 722 APPENDIX NO. VI, Form No. 39. Entry of result of examination in log book of vessel, (Paragraph 316.) Consulate of the United States at — , 189-. On complaint made by , , and- a part of the crew of the , I have this day examined [as in form 28] . ■■ , 17. S. Consul. Form No. 30. Report to the district jud^e of the United States. (Paragraph 316, Appendix V.) Consulate of the United States at — , 189-. To , District Judge of the United States for the district of ; In compliance with the provisions of Title LIU of the Revised Stat- utes, I have the honor to report that on the day of , 189—, , , and , a part of the crew of the , a merchant ship of the United States then in this port, bound for the port of , made complaint to me that [recite complaint] ; that thereupon, on the day of , I examined the said provisions and water, and found them [recite finding] , and signified the same in writing to the master, and entered a statement thereof in the log book of the said . Witness my hand and the Consular seal at , the day of -, A. D. 189—. [seal.] U. S. Oorml. APPENiaX NO. VI. 723 Form No. ai. Request to local authorities to imprison seamen or mariners. (Paragraphs 299, 330, and 353.) Consulate of the United States of America at , -, 189—. Sir: , , and , part of the crew of the of , whereof is master, recently arrived in this port from , having conducted themselves in an improper and insuboi-dinate manner on board, and positively refused to do duty, I have the honor respectfully to request that you will please cause the said-named persons to be arrested, brought on shore, and imprisoned until I can find it expedient to give them their liberty. I have the honor to be, sir, your obedient servant, TJ. S. Consul. To , Captain [or other authorities of the port} . Form No. 33. Request to same to release same from, prison. (Paragraphs 299, 320, and 353.) Consulate of the United States of America at -, 189—. Sir: I have the honor to request that you will please cause to be released from prison , , and , the seamen or mariners belonging to the , master. I have the honor to be, sir, TJ. S. Consul, To , Captain \or other authorities of the port}. 724 APPENDIX NO. VI. FOEM No. 33. Oath and declaration of master to desertion of seamen or mariners. {Paragraph 300.) Consulate of the United States of America, , , 189—. , master of the ship , of , now lying in the I, port of • -, do hereby make oath, in due form of law, that the t men or mariners hereinafter named, and who are noted on the crew list of the said vessel eis deserters, absconded from the said ship at the ports or places hereinafter named, without my knowledge or consent, at or about the times hereinafter placed opposite their names respectively: Subscribed and sworn to before me, ■ States, this day of , 189—. [L. s.] Master, , Consul of the United U. 8. Consul. Form No. 34. Request to local authorities for the arrest of deserters. (Paragraphs 299, 306, and 380.) Consulate of the United States of America at Sir: men belonging to the ■ -, and -,of , whereof , 189-. -, three of the sea- IS master, APPENDIX NO. VI. 725 recently arrived from , having absconded at this port from the said , I have the honor respectfully, in pursuance of the provisions of the terms of the treaty of , 18 — , between the United States and , to request that you will please cause warrants to be issued for their arrest and imprisonment, and that they be retained subject to the order of this Consulate. I have the honor to be, sir, U. S. Consul. To . Poem No. 35. Certificate to be issued to citizens of the United States being purchasers of American or foreign-built vessels in a foreign port. (Paragraphs 343 and 346. ) I, , Consul of the United States for the port of , do hereby certify that the within bill of sale, bearing date the day of , of the [here describe the vessel, her tonnage, denomina- tion, name, etc.] , sold and transferred by to , has been proved satisfactorily to me to have been duly executed by the subscribing part—; and I further certify that therein men- tioned as purchaser of said vessel citizen of the United States. As witness my hand and seal of the Consulate this day of , in the year of our Lord 189—. [L. S.] , U. S. Consul. Form No. 36. Certificate to be attach^ to documentary evidence accompanying requisi- tions in the United States for extradition. (Paragraph 425.) CONSOLATE OF THE UNITED STATES, , , 189-. I, , C of the United States at , hereby certify that the annexed papers, being [here state what the papers are] , pro- posed to be used upon an application for the extradition from the United States of , charged with the crime of , alleged to have been committed in , are properly and legally authenticated so as 726 APPENDIX NO. VI. to entitle them to be received in evidence for similar purposes by the tribunals of , as required by the act of Congress of August 3, 1882. In witness whereof I hereunto sign my name and cause the seal of the Consulate to be aflBxed this day of , 189—. U. S. Cormd. Form No. 37. Marine note of protest. (Paragraphs 186 and 605.) Consulate op the United States of America, Port of , 189-. On this day of , in the year of our Lord eighteen hundred and , before me, , Consul of the United States of America for and the dependencies thereof, personally appeared , master of the ship or vessel called the , of , of the burden of tons or thereabouts, and declared that on the day of last past he sailed in and with the said ship from the port of , laden with , and arrived in the said ship at on [here insert the day and hour] ; and having experienced boister- ous weather on the voyage, hereby enters this note of protest accord- ingly, to serve and avail him hereafter, if found necessary. Attested: U. S. Consul. Master. Form No. 38. Extended protest of ship , master , 189 — . (Paragraph 186.) Consulate of the United States op America, Port of , , 189-. By this public instrument of declaration and protest be it known and made manifest unto all to whom these presents shall come or may con- APPENDIX NO. VI. 727 cernthat, on the day of , one thotisand. eight hundred and , before me, , Consul of the United States of America for and the dependencies thereof, personally came and appeared , master of the ship or vessel called the , of , of the burden of tons or thereabouts, then lying in this port of , laden with cargo, who duly noted and entered with me, the said Consul, his protest for the uses and purposes hereafter mentioned; and now, on this day, to wit, the day of the date hereof, before me, the said Consul, again comes the said , and requires me to extend this protest; and together with the said also comes A B, mate, Gt H, carpenter, K L and M O, seamen, of and belonging to the said ship, all of whom being by me duly sworn on the Holy Evangelists of Almighty God, did severally voluntarily, freely, and solemnly declare, depose, and state as follows, that is to say: That these appearers, on the day of , in their capacities aforesaid, sailed in and with the said from the port of , laden with , and bound to the port of ; that the said ship was then tight, staunch, and strong; had her cargo well and sufficiently stowed and secured; had her hatches well calked and covered; was well and sufficiently manned, victualed, and furnished with all things needful and necessary for a vessel in the merchant service, and particularly for the voyage she was about to undertake; that [here insert narrative of the facts of the voyage as they occurred, with full and minute particulars, with dates, latitude, longi- tude, etc.] And these said appearers, upon their oaths aforesaid, do further declare and say: That during the said voyage they, together with the others of the said ship's company, used their utmost endeavors to preserve the said and cargo from all manner of loss, damage, or injury. Wherefore the said , master, hath protested, as by these presents I, the said Consul, at his special instance and request, do pub- licly and solemnly protest against all and every person and persons whom it doth or may concern, and against the winds, and waves, and billows of the seas, and against all and every accident, matter, and thing had and met with, as aforesaid, whereby, and by reason whereof, the said cargo already has or hereafter shall appear to have suffered or sustained damage or injury. And do declare that all losses, damages, costs, charges, and expenses that have happened to the said or cargo, or to either, are and ought to be borne by those to whom the same by right may appertain by way of average or otherwise, the same having occurred as before mentioned, and not by or through the insufficiency 728 APPENDIX NO. VI. of the said , her tackle or apparel, or default or neglect of this appearer, his officers, or any of his mariners. Thus done and protested in the port of , this day of , in the year of our Lord one thousand eight hundred and . In testimony whereof these appearers have hereunto subscribed their names, and I, the said Consul, have granted to the said master this pub- lic instrument, under my hand and the seal of this Consulate, to serve and avail him and all others whom it doth or may concern, as need and occasion may require. [seal of the consulate.] Master. A B, Mate. G H, Carpenter. K L, Seaman. M O, do. V. S. Conml. Form No. 39. Protest of the master of a vessel against charterers or freighters. (Paragraph 186.) Whereas the surveyors of the ship , of . m ter, of the day of , have recommended the said ship to pro- ceed to a port of discharge, in the United States, after temporary repairs, and with as much cargo as will render her perfectly safe, and that she be there thoroughly overhauled and permanently repaired: Andwhereas, in order to reach a port of discharge with safety and dispatch, where the repairs recommended in the said survey may be done and performed, it is better for all parties concerned that the voyage should be made direct from the port of to the said port of permanent repair in the United States: And whereas , master of the ship , of , aforesaid, has determined to proceed direct to theportof , there to thoroughly overhaul and repair the said ship, as recommended by the said survey, but in order to accomplish this end, and in lieu of touching at for orders and for the privilege of the said direct port, he has been obliged to give up and yield to the charterers of the said ship per ton upon the number of tons of , delivered at the said port of , amounting in the aggregate to the sum of • dollars, more or less: Now know all men by these presents, that on the day of the date hereof, before me, , consul of the United APPENX>1X NO. VI. 729 States of America for ,and the dependencies thereof , personally came and appeared , before named, and after stating the facts contained in the foregoing premises, hath protested, like as by these presents I, the said Consul, at his special instance and request, do pub- licly and solemnly protest, against all and every person and persons whom it doth, shall, or may concern, and against the charterers of the said ship, for exacting the amount of dollars, aforesaid, claiming and demanding the reimbursement of the same from those to ■whom the same of right may appertain by way of average or otherwise upon the arrival of the vessel at the port of permanent repairs as aforesaid. In testimony whereof the said hath hereunto subscribed his name, and I, the said Consul, set my hand and affixed the seal of this consulate, this day of , A. D. 189 — . [L.S.] , U. S. Consul. Master of the ■ Form No. 40. Certificate as to insubordinate conduct of crew. (IJ^ragraphs 352 and 353.) United States Consulate, , 189—. I, the undersigned, Consul, etc., do hereby certify that , , and , seamen or mariners, belonging to the ship , of , — master, were placed in irons on board of the said ship by the said master for refusal of duty and insub- ordinate conduct, and afterward taken on shore and imprisoned with my consent. Given, etc. , U. S. Consul. Form No. 41. Consul's decision and award in cases of protest against masters, passen- gers, or crew. (Paragraphs 352 and 353. ) Consulate of the United States of America at , ,189-. Whereas , master of the , of , recently arrived in this port of , from , has entered formal protest 730 APPENDIX NO. VI. on the books of this Consulate, nnder date of the , 18—, against , passengers in the said on the passage afore- said, named in the said protest, for mutinous conduct on the high seas, and against carrying them to : And whereas the oflBcers, crew, and part of the passengers of said vessel have likewise entered solemn protest, under date , against the said named- persons, and against their proceeding with them in the said vessel: Now, therefore, I, the undersigned. Consul of the United States of America, having entertained the complaint and grievances set forth in said protest, having first required and obtained from the said master a specified list of the charges preferred by him against the said passengers, consisting of distinct charges, and having duly sworn and respectively examined the witnesses to same, in number persons, who deposed to the truth of the said charges as follows, to wit: to the first accusation; to the second; to the third; to the fourth; to the fifth; to the sixth; and having f urthennore admitted and duly sworn and respectively exam- ined persons on the part of said accused; and hav- ing duly, and impartially weighed the testimony adduced on both sides, do hereby adjudge and declare as follows, that is to say: [Here state the decision and award of the Consul. ] Given at this Consulate, this day of , in the year- of our Lord one thousand eight hundred and . [L. s.j , U. S. Consul. Form No. 42. Call of survey on a vessel. (Paragraph 333.) No. 1.] , 189-. , Esq., United States Consul at : Sir: The ship , under my command, arrived at this port the instant, from , laden with , in a damaged and leaky condi- tion, and I have, therefore, to request that you will please call a survey upon the said ship in order to ascertain her present state and condition, and what had best be done for the interest of the parties concerned. Very respectfully, etc.. Master. APPENDIX NO. VI. 731 Form No. 43. Warrant to survey a vessel. (Paragraph 333.) No. 2.] Consulate of the United States op America at , , 189—. Messrs. A B, Master of the Ship , of . C D, Master of the Ship , of . E P, Master Ship Carpenter at . Q-ENTLEMEN: Application having been made to this Consulate by , master of the ship , of , of the burden of tons, or thereabouts, for survey upon the said ship, in consequence of having sustained damages and injuries in the prosecution of her voyage from to this port, laden with , whereby she became , you are hereby respectfully requested to repair alongside and on board the said ship, and after a careful and minute examination and survey of every visible part of her hull, spars, sails, and rigging, report to this Consulate, under your own hands, in writing, her present state and con- dition, and what, in your opinion, had best be done for the interest of the parties concerned. Given under my hand and the seal of this Consulate, the day and year above written. [Seal of the Consulate.] U. S. Consul. Form No. 44. Report of survey on a vessel. (Paragraph 333.) No. 3.] Pursuant to the accompanying warrant of survey, to us directed by , United States Consul at , we, the undersigned, repaired alongside and on board of the ship , of , of the bur- den of tons, or thereabouts, recently arrived in this port from , in a damaged and leaky condition, laden with , and after a careful and minute examination of every visible part of her hull, spars, sails, and rigging, do report as follows, viz: We therefore recommend, in order to a further examination, and to 732 APPENDIX NO. VI. ascertain, if possible, the cause and extent of the leak or leaks, that the cargo be discharged forthwith. In confirmation of which we are willing, if required, to attest: Given under our hands at , this day of ■ , A. D. 189—. Master of the Ship , of . Master of the Ship , of . Master Ship-Carpenter at . Beceived dollars for holding the above survey. Form No. 45. Certificate authenticating the signatures of surveyors. (Paragraph 333.) No. 4.] Consulate op the United States of America at — 1, the undersigned, Consul, etc., do hereby certify that the foregoing are the true and genuine signatures of , , and , surveyors, appointed by me, of the ship , of , and as such are entitled to full faith and credit. Given, etc. U. S. Consul. Form No. 46. Second call of survey on a vessel. (Paragraph 833.) , 189-. No. l.J , Esq., United States Consul at : Sir: The cargo of the ship , of , under my command, being now discharged, I have therefore respectfully to request that you will please call a second survey on the said ship, in order to a further examina- tion, and to ascertain, if possible, the cause and extent of the leak or leaks. Very respectfully, etc. , , Master. APPENDIX NO. VI. 733 Form No. 47. Second warrant to survey a vessel. (Paragraph 333.) No. 2.] Consulate of the United States of Amekica at , , 189—. Messrs. A B, Master of the Ship , of . C D, Master of the Ship , of . E F, Master Ship -Carpenter at . Gentlemen: Application having been made to this Consulate by -, master of the ship , of , of the burden of tons, or thereabouts, for a second survey on the said ship, her cargo having been discharged, you are hereby respectfully requested to repair on board of the said ship, and after a further careful examination and survey of her hull, ascertain, if possible, the cause and extent of the leak or leaks, and report the same to this Consulate, under your own hands, in writing; also what; in your opinion, should be done for the interest of the parties concerned. Given, etc. [Seal of the Consulate.] , U. 8. Consul. Form No. 48. Second report of survey on a vessel. (Paragraph 333.) No. 3.] Pursuant to the accompanying warrant of survey, to us directed by , United States Consul at , we, the undersigned, repaired on board of the ship , of , of the burden of • tons, or thereabouts, and after a further careful examination and sur- vey of the hull of said ship, do report as follows, viz: In confirmation of which we are willing, if required, to attest. Given under our hands at , this day of , A. D. 189 — . Master of the , of . Master of the , of - Master Ship-Carpenter at - Received dollars each for holding the survey. 734 APPENDIX NO. VI. Form No. 49, Certificate authenticating signatures of second surveyors, (Paragraph 333.) No. 4.] Consulate of the United States op America at -, 189—. I, the undersigned, Consul, etc., do hereby certify that the foregoing are the true and genuine signatures of , , and , the persons appointed by me on the second survey of the ship , and as such are entitled to full faith and credit. Given, etc. [Seal of the Consulate.] U, S. Consul. Form No. 50. Estimate of repairs. (Paragraph 333.) Estimate of the probable cost of repairing the , of , agreear bly to the recommendations containedin the report of survey of the instant, and in accordance with the cost of labor and material at the port of , as follows, viz: For heaving ship down on both sides, including use of hulk, blocks, falls, tackle, etc. (or, as the case may be, placing in dock) $ For taking out planks For feet of plank, at $ per M For — ' carpenters, — days each, ■ — days, at $ For lbs. nails For lbs. copper spikes _ For sheet felt , For lbs. oakum For barrels pitch For barrels tar _ For barrels rosin For sheets copper, lbs., at For lbs. copper nails APPENDIX NO. VI. 735 For calkers, days each, days, at $- For carpenters For use of pitch pots, boys, etc For superintendence of master-carpenter 189—. == Master Ship-Carpenter. FoKM No. 51. Certificate authenticating signature to estimate. (Paragraph 333.) CONSTTLATB OF THE UNITED STATES OF AMERICA AT - , 189—. I, tie undersigned. Consul, etc. , do hereby certify that the foregoing is the true and genuine signature of , master ship-carpenter at , and as such is entitled to full faith and credit. Given, etc. U. S. Consul. FOEM No. 53. CertifiMite authenticating copies of call, warrant, and report of survey. (Paragraph 333.) Consulate op the United States op America at , , 189—. I, the underjigned, Consul, etc. , do hereby certify that the foregoing call, warrant, and report of survey, and the certificate thereto signed , United States Consul, numbered 1, 3, 3, 4, etc., hereto an- nexed, are true and faithful copies of the originals filed in this Consulate, the same having been carefully examined by me and compared with the . said originals, and found to agree therewith word for word and figure for figure. Given, etc. , U. S. Consul. 736 APPENDIX NO* VI. Form No. 53. Letter to authorities in cases of sinking vessels, (Paragraph 333.) Consulate of the United States at - , 189—. Sir: The surveyors of the ship , of , , master, having recommended that the ship should be towed or hauled into shoal water for the safety of the vessel and cargo, as the water is gaining rapidly on the pumps, I have the honor to request that you will please have designated to the master of the such moorings, in shoal water, in the harbor of , that, in the event of the sinking of the ship, the mooring grounds in the bay will not sustain injury. I have the honor to be, very respectfully, etc.. U. S. Consul. To , Captain of the port [or other authority] . Form No. 54. Advertisement for funds on bottomry to repair, (Paragraph 334. ) $ to $ . Wanted on the hull, spars, sails, rigging, and homeward freight of the , of , of the burden of tons register, whereof is master, the sum of from $ to | for repairs and out- fits to enable the said vessel to proceed to sea. Proposals for the advance of the above sum will be received at the office of the United States Consulate at until p. m., , 189—. APPENDIX NO, VI. 737 Form No. 55. Adveriisennent of sale of a vessel. (Paragraph 334.) Will be sold at public auction, for the account of whom it may con- cern, the , of , tons registered burden, on the day of , at . The above vessel was built at , in the year 189 — , of, etc. For further particulars apply to the United States Consulate at ,; or to the master on board, where inventories may be seen. Idcensed Auotioneer. Form No. 56. Certificate to advertisement for funds on bottomry, where no proposals have been received. (Paragraph 334.) Consulate of the United States of America at 189- Printed ADVERTISEMENT to be here I, the undersigned. Consul, etc., do hereby certify that the annexed advertisement, in English and , was published in the ■ , printed at , from the ■ day of to the day of , 189 — , inclusive. I further certify that no proposals have been received at this Consulate from any person or persons to advance the sum required by the , for repairs and outfit to enable her to proceed to sea. Given, etc. • , V. S. Consul. Where proposals have been received and accepted the above certificate will be changed as follows, viz: I further certify that the proposals of , to advance the amount required by the for repairs and outfit to enable the said vessel to proceed to sea, of twenty per centum maritime premium, were the lowest proposals received, and they are, therefore, best entitled to advance the same. 17824 C R 47 738 APPENDIX NO. VI. Form No. 57. Certiflcate to the advertisement of the sale of a vessel. (Paragraph 334.) Consulate of the United States op America at — Printed ADVERTISEMENT to be here affixed. I, the undersigned, Consul, etc., do certify that the annexed advertisement, in English and , was published in the , from the day of toithe day of -, inclusive. I further certify that, agreeable to the said advertisement, the ship was duly sold at this port by public auction, for the sum of $ , unto , he being the high- est bidder therefor, as will appear by the account of sales of ■ licensed auctioneer, hereto annexed. Given, etc. U. S. Consul. No. 1.] Inventory of ship advertised to be sold at Form No. 58. Inventory of a ship or vessel. (Paragraph asi.) ,0f- -, of the burden of - ■p.m., the day of tons register, — , by pubUo , licensed auction, for account of whom it may concern, by auctioneer, viz: Ship , withhuU, spars, sails, rigging, anchors, cables, boats, tackle, as she now lies at anchor in the harbor of . One spare foresail, One spare mainsail, One spare f oretopsaU, etc. Master. -, 189—. APPENDIX NO. VI. 739 FOEM No. 59. Declaration of master to inventory. (Paragraph 334.) No. 2.] Consulate of the United States of America at , , 189—. I, the undersigned, Consul, etc., do hereby certify that, on the day of the date hereof, befpre me personally appeared ■. , master of the , of , and solemnly declared that the foregoing inventory contains a true and faithful list of the tackle, apparel, and appurtenances of the said ship, together with all articles on board and belonging to her, as made out by himself this day. Given, etc. [L. s.] , U. S. Consul. Master. Note. — It is optional vrith the master to make this declaration. Form No. 60. Master's letter notifying Consul of intention to sell vessel and cargo, (Paragraph 334.) No. 3.] , , 189—. , Esq., U. 8. Consul at : Sir: Having failed in procuring on bottomry, or otherwise, the neces- sary funds required to repair the , under my command, I desire to notify you that I am, consequently, compelled to order the sale of said vessel, without delay, by public auction, as also that part of her cargo found damaged by the surveyors thereof-, and recommended to be sold immediately; thus, in my opinion, best consulting the interests of all concerned. I inclose herewith a duplicate of my letter addressed to , licensed auctioneer, to be filed in the Consulate. Very respectfully, etc., Master. 740 APPENDIX NO. VI. Form No. 61. Letter of master to auctioneer, (Paragraph 334.) No. 4.] , , 189-. , Esq., Licensed Auctioneer at ■ Sir: As agent for whom it may concern, I hereby request you to adver- tise and sell, by public auction, to the highest bidder, the , her tackle, apparel, and appurtenances, as per inventory herewith, as she now lays at anchor in this harbor; also that part of her cargo found damaged, and recommended to be sold by the board of survey, for account of whom it may concern. You will please render distinct account of sales of ship and cargo (in triplicate), under your own hand, to the United States Consulate at this port. I am, respectfully, etc.. Master. Form No. 63. Certificate authenticating copies of inventories and letters. (Paragraph 334.) Consulate op the United States op America at , 189- I, the undersigned. Consul, etc., do hereby certify that the foregoing inventory, and the declaration thereunto, both hereto annexed, and let- ters signed , master, numbered 1, 3, 3, 4, are true and faith- ful i;opies of the originals filed in this Consulate, the same having been carefully examined by me andT compared with the said originals, and found to agree therewith word for word and figure for figure. Given, etc. . U. S. Consul. APPENDIX NO. VI. 741 Form No. 63. Account of sale of a vessel. (Parairrapli334.) No. 1.] Account of sale of ship , of , of the burden of tons, sold by the undersigned, for account of whom it may concern, by order of , master, viz: The ship , as per inventory, unto , for..$ CHARGES. Advertising , Printing inventories Government dues Auction commisson Consul's attendance at sale. -, 189—. lAcensed Auctioneer. Form No. 64. Certificate authenticating signature of auctioner. (Paragraph 334.) No. 3.] Consulate of the United States of America at — -, 189—. I, the undersigned, Consul, etc., do hereby certify that the foregoing is the true and genuine signature of , licensed auctioneer for the port of , and as such is entitled to full faith and credit. Given, etc. U. S. Consul. 742 APPENDIX NO. VI. Form No. 65. Certificate authenticating copy of account of sale. (Paragraph 334.) Consulate op the United States or America at — , 189—. I, the undersigned, Consul, etc., do hereby certify that the foregoing account sales, signed by , licensed auctioneer, and the cer- tificate thereto, signed . United States Consul, numbered 1 and 3, are true and faithful copies of the originals filed in this Consul- ate, the same having been carefully examined by myself, and compared with the said originals, and found to agree therewith, word for word and figure for figure. Given, etc. U. S. Consul. Form No. 66 (Omitted.) Form No. 67. Certificate on sale of a ship abroad to an alien or a nonresident citizen. (Paragraphs 331 and 334.) Consulate op the United States of America at , , 189-. I, the undersigned. Consul of the United State, etc., do hereby certify that the ship , of , master, has been duly con- demned and sold, at this port, by public auction, to a citizen (or subject) of , and that one-half of the register of the said ship has been this day delivered by me to the purchaser, and the second half thereof retained in this Consulate to be forwarded to the Department of State. U. S. Consul. Note. — When the vessel is sold without condemnation, erase the words " duly condemned and. " When the sale is also private, erase in addition APPENDIX NO. VI. 743 the words "by public auction." When the purchaser is a non-resident citizen of the United States, modify the certificate accordingly, and deliver the whole register to purchaser. Form No. 68. Bottomry bond. (Paragraph 334.) Know all men by these presents, That I, , now mas- ter and commander of the or vessel called the , of the burden of tons, or thereabouts, now lying in the port of , am held and firmly bound unto ,in the sum of , lawful money of the United States of America, to be paid to the said — , or to certain attorney, executors, administrators, or assigns; for which payment, well and truly to be made, I bind myself, my heirs, exec- utors, and administrators, and also the said vessel, her tackle, apparel, and furniture, firmly by these presents. Sealed with my seal, at , this day of , in the year of our Lord one thousand eight hun- dred and . Whereas the above bounden hath been obliged to take up and borrow, and hath received of the said , for the use of the said vessel, and for the purpose of fitting the same for sea, the sum of , lawful money of the United States of America, which sum is to be and remain as a lien and bottomry on the said ves- sel, her tackle, apparel, and furniture, , at the rate or pre- mium of '^ for the voyage: In consideration whereof, all risks of the seas, rivers, enemies, fires, pirates, etc., are to be on account of the said . And for the better security of the said sum and pre- mium, the said master doth, by these presents, hypothecate and sign over to the said , heirs, executors, administrators, and assigns, the said vessel, her tackle, apparel, and furniture . And it is hereby declared, that the said vessel is thus hypoth- ecated and assigned over for the security of the money so borrowed and taken up as aforesaid; and shall be delivered for no other use or pur- pose whatever, until this bond is first paid, together with the premium hereby agreed to be paid thereon. Now the condition of this obligation is such that if the above bounden shall well and truly pay, or cause to be paid, unto the said the just and full sum of , lawful money as aforesaid, 744 APPENDIX NO. VI. being the sum borrowed, and also the premium aforesaid, at or before the expiration of days after the arrival of said vessel at , then this obligation and the said hypothecation to be void and of no effect ; otherwise, to remain in full force and virtue. Having signed and exe- cuted bonds of the same tenor and date, one of which being accomplished, the other to he void and of no effect. . [L.S.J Signed, sealed, and delivered in the presence of — Form No. 69. Aclcnowledgment to bottomry bond. (Paragraph 334.) Consulate of the United States of America at ■ ,189- I, , Consul, etc., do hereby certify that , mas- ter of the , of , the party to the aforesaid bottomry bond or instrument of writing, personally came before me and executed the said hond in my presence and in the presence of the witnesses thereunto, and acknowledged the same to be his free act and deed for the purpose therein mentioned. Given, etc. , U. S. Consul. Form No. 70. Assignment of bottom/ry bond. (Paragraph 334.) We hereby assign our rights in the within bond to • chants of , that it may be paid to them or to their order. APPENDIX NO. VI. 745 Form No. 71. Acknowledgment to assignment of bottomry bond. (Paragraph 334.) Consulate of the United States of America at , -, 189—. I, the undersigned, Consul, etc., do hereby certify that on the day of the date hereof before me personally appeared , one of the firm of , parties to the foregoing assignment, and executed and acknowledged the same in my presence to be the act and deed of the said firm for the purposes therein mentioned. Given, etc. U. S. Consul. Form No. 72. Indorsement of bottomry on ship's register. (Paragraph 334.) Consulate of the United States op America at -, 189- I, the undersigned. Consul, etc., do hereby certify that - master of the , of , described in the within register, has this day hypothecated the said vessel, , unto , merchants of , in the penal sum of $ . Given, etc. JJ. S. Consul. Form No. 73. Indorsement on register on the payment of a bottomry bond. (Paragraph 334.) Consulate of the United States of America at — , 189—. I, the undersigned. Consul, etc., do hereby certify that on the day and date hereof, before me personally appeared , and acknowl- edged before me the receipt of the sum of dollars, called for by the 746 Appendix no. vi. terms and conditions of a bottomry bond executed by , mas- ter of the . of , the day of , 18—, at , and that the said bond has been this day duly canceled according to law. Given, etc. U. S. Gonml. Form No. 74. Oath of master to death or loss overboard at sea of a seaman or mariner. (Paragraphias.) Consulate of the United States op America at , , 189— I, master of the , of , do hereby make oath, in due form of law, that died at sea for was lost overboard at sea, as the case may be] on board the said ship, on or about the of , 18 — , on the voyage from to this port. Subscribed and sworn to this day of , 189- [SEAL.] — U. S. Consul. Form No. 75. Oath of roaster or mate to correctness of log-book. (Paragraph 188.) Consulate of the United States of America at — , 189-. I, [master or mate, as the case may be] , of the , of , do hereby make oath, in due form of law. that the journal of the voyage from to , commencing on the and ending on the , and embraced within folios from to , contains a true and faithful log, written by , of the transactions on board the said , day by day as they occurred. Subscribed and sworn to before me this day of , 189—. [seal.] ■ , U. S. Consul. APPENDIX NO. TI. 747 Form No. 76. Oath of master to ship's bills and vouchers for disbursements and repairs. (Paragraphias.) Consulate of the United States of America at , , 189—. I, , master of the , of , do hereby make oath, in due form of law, that the bills and accounts hereunto annexed, num- bered from to , inclusive, are the true and genuine vouchers relating to the cost of the repairs and disbursements of the said ship at this port, superintended by himself. Master. Subscribed and sworn to before me the date above written. [SEAL.] • , U. S. Consul. Form No. 77. OonsuVs certificate for custom-house or authorities, in case of the devia- tion of a vessel from the voyage. (Paragraph 188.) Consulate op the United States of America at , ,189- I, the undersigned. Consul, etc., do hereby certify that the , of ■ master, bound from to , arrived at this port on the instant, laden with , in a damaged state and condition, and in order to repair the said it is necessary to dis- charge the cargo, as appears by the note of protest of the said master, made before me the day of , 189 — , and the report of survey of the said vessel filed in this consulate. I further certify that it like- wise appears, from said report of survey and protest, that a part of said cargo was thrown overboard at sea on the voyage from to this port. Given, etc. U. S. Consul. 748 APPENDIX NO. VI. Form No. 78. Certificate of oumership of a vessel. (Paragraphias.) Consulate of the United States op America at ■ , 189- I, the undersigned, Consul of the United. States of America for and the dependencies thereof, do hereby certify that the , of , of the burden of tons, master, was built at ,in the year , and is owned by , of , State of — ■ — . Given, etc. U. 8. Consul. Form No. 79. JRoll or list of crew when required by the captain or authorities of the port. (Paragraph 188.) Consulate of the United States of America at , -, 189— Roll or list of the crew of the , of — whereof is master, bound to - , of the burden of - Embracing in this roll captain. seamen and mariners, including the U. S. Consul. APPENDIX NO. VI.. i49' Form No. 80. Order to pay, at home, seamen's wages. (Paragraph 188.) , 189—. Ship ■ and owners: On the termination of the voyage of the , pay to , or order, what might be due to him for his voyage in. said , he being this day discharged at this port by mutual consent. The said is entitled to the lay, the ship having been out, and he hav- ing served in her, at the time of his discharge, months and - days, and the quantity of oil and bone taken, including that held and shipped, as well as that now on board, being barrels of whale oil and pounds of bone. "Witness: Master. Form No. 81. Master's acknowledgment to same. (Paragraph 188.) Consulate of the United States or America at ■ -, 189- I, the undersigned, Consul, etc., do hereby certify that, on the day of the date hereof, before me personally appeared , master of the , of . who, in my presence, and in presence of the wit- nesses thereunto, signed the foregoing order, and acknowledged the same to he correct in all its particulars, and to be his voluntary act and deed for the purposes therein mentioned. Given, etc. , U. S, Consul. 750 APPENDIX NO. VI. Form No. 82. Certificate of shipment of seamen or marines attached to crew-list and shipping-articles. (Paragraph 188.) Consulate of the United States op America at- I,- , Consul of the United States of Ajnerica for - , 189—. and the dependencies thereof, do hereby certify that the seamen or mariners hereinafter named have been duly shipped at this port, before me, upon the terms and conditions set opposite their names, respectively, viz: fi ■H Height. !i >) Names of seamen 1 4J ffl ■^t Voyage. or marmers. a P ^ i "3 Feet. In. S > Sag !& b'oS " tn ■3* §5 ■ag Pi'S EH ro5 §"'■5 9 a o Upon whom and on what account drawn. , 189-. We jointly certify that the above-described draft was sold and pur- chased at the rate given in the above abstract. U. S. Cormd. Bankers. APPENDIX NO. VI. 757 FOBM No. 93. Eucchange voucher to accompany draft purchased by Consul. (Paragraphs 684 and 587.) face of draft United States rreney. 1 81 "gg, •s-a a To whom and on Date of draft re- s* •5.SS what account mitted. II & •il remittance is Sli ^Ifi made. .§.ag 0) d (S (D S h S ®i!-S .9.5 h .a jaou ja-doo tH h* t< J tH Eh 189— "We jointly certify that the above-described draft was purchased and sold at the rate given in the above abstract. U. S. Consul. Bankers. Form No. 94. Statement of relief of seamen and account current. (Paragraphs 539, 559, 560, 58T, and 605. ) Th^ United States Government in account with , United States at — -, frOTH ■ a !2i a . s 6 % b^S 1 a fi O o "O ^ s s .* « 'A Q ■^ai«2 2 8 £ g'.g o o-B'Eo .2S ^L-^-i d g.a Sod js .S X fl S 00 _ s=laa? M 8.2 0«^ a ^ *^ tL ^ S fl SPr"? S 5 3 " SO 3.23 o o Oaj © 2 rj ■o '3 ^ ■3 a 5 : o 2i s a to ;^ ■g S s o s Q, M s t. a s a !z; fe as a © eg 03 »: Cr. STATEMENT OF ACUOtTNT. Dii. By balance from quarter, 1«9— arrears of wages receired by him extra wages receired by him proceeds of sale of effects of seamen By amonnt of his draft on Secretary of State . To balance from quarter, 189— board and lodging clothing passage ; misceUaneons ^ wages refunded to seamen..., To loss by exchange on draft on Secretary of State. V. 8. Consulate - ,180—. [seal.] U.S. NOTB.— This form, with the blanks properly filled, is to be sent at the close of each quarter to the Treasury pepartment, Auditor for the State and other Departments, together with a detailed list of seamen or manners shipped, discharged, deserted, or deceased. Wheneeamen remain from one quarter to another or through several quarters, the date of their first comingupon the Consulate should continue to be noted in that column. The cause of discharge should alwavn'be clearly stated. Care should be taken to note under theTiead of '■ Remarks " what became of the seaman, and if sent to the United States, whether a certificate was given for passage, naming the vessel and the amonnt, and when extra wages are collected the grounds therefor should be stated "-^^^i^ noo Face page 758 Consnlar Regnlations. APPENDIX NO. VI. 759 Form No. 95. Voucher for hoarding and lodging. (Paragraphs 274 and 557.) CONStTLATE OP THE UNITED STATES AT , To , 189—. For boarding and lodging ican seaman, from day of ■ per day [or week] The above bill is correct. Dr. -, a destitute Amer- -to — -■ , at , 189—, from Eeceived — sum of dollars, in full of the above bill Seaman. , United States Consul, the Form No. 96. Voucher for hospital expenses and medical aid. (Paragraphs 374 and .557.) Consulate of the United States of America at To , Dr. For medical aid and attendance supplied the following-named destitute American seamen admitted in and discharged from [here insert the name of hospital] by order of , Consul at , for the quarter ending , 189—. When admitted. 189-. Name of seamen. Date of dis- charge or de- cease. Number of days attended, say at $1 per day. Amount. October.. 6 6 1 CD - November . November . November . 23 26 12 18 52 12 $48 52 12 (in Qetober E.P no STbrember M.O nn 112 00 189— Received of sum of dollars and -, United .States Consul, the • cents, in full of the above bill. 760 APPENDIX NO. VI. Form No. 97. Voucher for clothing. (Paragraphs Z!i and 557. ) Consulate of the United States of America at To . Dr. 189—. For clothing furnished to , a destitute Amer- ican seaman, viz: (Here name all articles of clothing furnished, including cost thereof) $ Delivered in presence of — Correct: . Seaman. , , 189 — . Received of , United States Consul, the sum of dollars and cents, in full of the above bill. Form No. 98. Votuiher for burial expenses. (Paragraphs 274 and 557.) Consulate of the United States of America at , To , Dr. For burial expenses of the following-named destitute American sea- men, who died at during the quarter ending day . 189—: November 22, ..: $4.00 November 36, 4.00 8.00 Received -. , 189^, from , United States Consul at ,the sum of , in full of the above bill. APPEiroiX NO. VI. 761 FOKM No. 99. [Weekly Sanitary Report is furnished by the Treasury Department. See paragraph 380. ] Form No. 100. Requisition for stationery supplies for consulates. (Paragraph 429.) To- -, 189—. Assistant Secretary of State, Washington, D. C. Sir: I have the honor to request that the articles of stationery named below be furnished for use at this oflflce. I have the honor to be, sir, your obedient servant. Number of item on schedule. Quantities.* Articles. (Pnt but one item on a line.) Quantities recommended by Chief of Consular Bureau. 'Quantities desired should be expressed in flgurea, and if less than an original package is required the quantity should be stated in proper terms, i. e., jV rm., i M., A gr., J doz., J lb., etc. 762 APPENDIX NO. VI. FOKM No. 101. Record of Treasury fees {seaport consulate). (Paragraphs 531, 539, 568, 574, 575, 587, 604.) Fees received at the United States Consulate at , froi-t to the - - 189- i ' N en 1 Date. No. r a 111 Eemarks. 55 12; {z;.rH < Oh On the day of , before me, the undersigned, personally ap- peared , United States Consul at , and made oath that the above and foregoing account or report of fees is a full and perfect transcript of the register which he is by law required to keep; that the same is true and correct, and contains a full and accurate statement of all fees received by him as such Consular OfiScer, or for his use, for his official services, to the best of his knowledge, durihg the period of time therein mentioned. U. S. Consul. Sworn to before me. [Note.— This form la to be transmitted to the Auditor for the State and other De- partiaents at the end of each quarter.] APPENDIX NO. VI. 763 Form No. 102. Record of Treasury fees {inland consulate). (Paragraphs 531 , 539, 568, 587, 604. ) Fees received at the United States Consulate at , from . — to the - No. Date. Name of the firm or party for whom the service is rendered. Signer of the oath, who must be one of the firm. Nature of the service ren- dered. Pees. Place of desti- nation of in- voices. (Same oath as in No. 101.) [Note.— This form is to be used by Consular Officers residing at inland places in lieu of Form No. 101.] Form No. 103. Summary of business at the United States Consulate at - during the quarter ended , 189 — . (Paragraph 587. ) MOVEMENT OP VESSELS. Vessels in port from last quarter. _ Vessels arriving during present quarter Vessels departing - - - - Vessels remaining in port Tonnage arriving _ Tonnage departing - . - Fees received, $ Expenses, including salary, $. __ MOVEMENT OP SEAMEN. Seamen in port from last quarter _ Seamen arriving - 764 APPENDIX NO. VI. Seamen shipped Seamen deceased Seamen discharged Seamen deserted Seamen departed Seamen in port United States at , , 189—. U.S.- [Note.— This return to be sent at end of each quarter to the Auditor for the State and other Departments, with account for salary and fees.] Form No. 104. Power of attorney to verify invoices. (Paragraph 673.) I do hereby make, constitute, and appoint , of — ; — , in -, my true and lawful attorney, for me, in my name, place, and stead, to prepare any or all invoices of merchandise intended for exporta- tion to the United States from in which I am or may be interested or concerned, and to take such oath or oaths, or to make and sign such declaration or declarations, as my duly authorized agent, which I might do if I were personally present, in the manner prescribed by the laws of the United States for the purpose of verifying invoices of merchandise in order to secure the requisite triplicate or quadruplicate certificates thereto; hereby ratifying whatever my said attorney may lawfully do, under and by virtue of his power of attorney, in my behalf; and this authority, hereby conferred and delegated to said attorney, shall remain in full force until revoked by me by written notice on the U. S. Consul at . In witness whereof I have hereunto set my name and seal at , the day of , 189—. . [SEAL.] Signed, sealed, and delivered in the presence of— APPENDIX NO. VI. 765 FoEM No. 105. Aggregate return of fees at the Consulate of the United States at , and Consular Agencies connected unth it, from to inelur sive* (Paragraphs 570, 586, 587. ) H 1 o§ bhc3 >•>'£; ■ P ■2|l ■2|S asi ^ 52 $ 1 $§.5 «l.^ «l.^ 3 ID ^^ O fc. b fci e^ H (A U. S. Consul. Note.— This form is to be transmitted to the Department of State, with the blanks properly filled, at the close of the fiscal year (June 30). Form No. 106. Form of a consular account for compensation while receiving instructions. (Paragraphs 539,561,587.) Government of the United States To , Consul of the United States at , Dr. For compensation for the period, namely, days, from to , actually and necessarily occupied in receiving instruc- tions, as per certificate hereto annexed, agreeable to Form No. 107 - $ Received payment. To Hon. U. S. Consul. Secretary of the Treasury. 766 APPENDIX NO. TI. Form No. 107. Certificate to accompany the account of a salaried Consul while receiving his instructions, immediately after appointment. (Paragraph 561.) I hereby certify that I have been actually and necessarily occupied in receiving my instruction days; that is, from the day of 189—, the date of my oath of oflSce at , to the day of following. U. S. Consul. Form No. 108. Account for compensation while making the transit to post of duty. (Paragraphs 563, 587. ) Government op the United States To , Consul of the United States at , Dr. For compensation for the period, namely, days, from to . actually and necessarily occupied in making the transit between my place of residence at and my post of duty , as per certificate hereunto annexed, agreeably to Form No. 109 S Cr. By my draft on the Secretary of the Treasury. U. S. Consul. Note.— The days in which the Consul is unnecessarily delayed in making the tran- sit must be deducted. Form No. 109. Certificate to accompany the account of a salaried Consul for compensa- tion while making the transit to his post of duty. (Paragraph 563.) I hereby certify that I have been actually and necessarily occupied in making the transit between my place of residence and post of duty APPENDIX NO. VI. 767 days, having left , the place of my residence, on the day of , 189—, and arrived at , my post of duty, on the day of following. U. S. Consul. Form No. 110. Certificate to he executed by each Consular Officer, and accompanying his first account. (Paragraph 565.) Consulate of the United States at , , 189-. I, (Consul or Commercial Agent, as the case may be), do certify that I entered upon the duties of this office on the day of ;-, 189—, and that I have since then continued in charge of the said office uninterruptedly to the present time. U. S. Consul. FORM^^O. 111. Certifi,cate to accompany the account of a consul for compensation while making his transit from his post of duty to his place of residence. (Paragraph 564.) I hereby certify that I have been actually and necessarily occupied iu making the transit between my post of duty and the place of my resi- dence days, having left , my post of duty, on the day of , 189—, and arrivedat , my place of residence, on the day of following. Late U, S. Consul, 768 APPENDIX NO. VI. Form No. 112. Form for stating an account for salary and fees, exclusive of seamen's wages or expenditures for them. (Paragraphs 539, 565, 567, 568, 587.) The United States Government in account for salary and fees with - — (Consul-General, Consul, or Commercial Agent) , at . Dr. Cr 189- . Toamountof my salary as from — to at per an- num By amount of money received from sun- dry persons dur- ing said period, and applied toward my salary, as per re- turn of fees here- with, viz: For invoice certifi- cates^ For landing certifl- For bills'of'heaith"' For certificate of re- turn goods, pack- ages, etc For other fees U. S. Consulate at U. S. Consul. Form No. 113. Certificate to accompany Form No. IIS, (Paragraphs 565, 571, 572, 573, 587.) Consulate of the United States, , , 189- I certify that I have not been absent from my consular district, with or without leave, during the quarter covered by the foregoing account, except as hereinbelow stated: 1 days' leave of absence, with— permission to visit the United States, was granted me , 189—. 2. I left my post in pursuance thereof . 189—. APPENDIX NO. VI. 769 3. I arrived at my residence in the United States , 189 — . 4. I left my residence to return to my post , 189 — . 5. I arrived at my post and resumed duty ; 189 — . 6. Time necessarily occupied in making transit to my residence, days. 7. Time necessarily occupied in making return transit to my post, days. 8. I have been absent ■without leave days. Remarks: . U. S. Consul. Note.— If leave was without permission to visit the United States, paragraph 1 must so state, and paragraphs 3, 4, 6, and 7 must he left hlank. If any part of the absence was without leave, paragraph 8, otherwise left blank, must state how long. Explanations should go under the head of remarks. Form No. 114. Usvalform, of draft. (Paragraphs 556, 566, 579, and 582.) $ . No. . Consulate United States of America, , , 189-. days after sight (acceptance waived and endorsements by procu- ration excepted) of this sole of exchange pay to the order of , — dollars. Value received and charge the same to account for . To the Secretary of Washington, D. C. Note.— In drawing upon the State or Treasury Department, consular officers will always insert in their drafts the words " acceptance waived.'* Form No. 115. Page of consular corrections to invoices, (See paragraph 687.) 17824 C R 49 770 APPENDIX NO. VI. Form No. 116. ' General quarterly account. (Paragraphs 539, 587, 568, 572, 587, 604.) The United States Government in account current with- Consul at . Db. United States Cr. To compensation of self for the period from ,189, to , 18—, as estabUshed by law To contingent expenses. United States Consulates for same pe- riod, account and vouchers sent to the Departmentof State To allowance for clerk at Consu- lates, do. do. do To relief of destitute American seamen for same period,account and vouchers sent to Auditor for the State and other Departments To amount due the Government and remitted to Messrs. Brown, Shipley & Co., United States bankers, London, on account of Consular fees.. By official fees received during the period from , 189—, to , 18—, as per transcript of fee-book herewith For invoice certificates For landing certificates For bills of health For certificates of returned goods, packages, etc For other fees Transmitted with dispatch No. U. S. Consul at ■ Form No. 117. Digest of the invoice-book. (Paragraphs 586 and 587.) Statement showing the value of declared exports from the Consular District of - the United States during the quarter ending , 189—. Articles. Value in U.S. gold. Note.— The articles should be arranged alphabetically. TJ. S. Consul. > See No. 113 for form of certificate to accompany this. APPENDIX NO. VI. 771 Form No. 118. Register of offleialletters received at the United States Consulate at- (Paragraph 604.) Name of writer. No. Place and date of letter. When received. On what subject. Number of iuclosures. Amount of postage paid on each letter. Eemarks. Form No. 119. Register of official letters sent from the United States Consulate at ■ (Paragraph 604.) Date. No. To whom and to what place sent. On what subject. Number of Inclosures. Amount of postage paid on each letter. 772 APPENDIX NO. VI. FOKM No. 120. Arrival and departure of AmericarL vessels at the United States Consulate at , from , to . (Paragraphs 586, 587, 605.) 189-. Cargo. Date of clearance. 1 ^ Inward. Outward. ^ rt d rQ 'A 1 1 1 i 1 1 6 1 1 5 § TJ. S. Consul. Form No. 131. Statement of passports issued at the from — '■ , 189—, to (Paragraphs 163, 586, 587. ) [To accompany dispatch No. , of of the United States at - 189—. 19-.] Date. To whom issued. Number. Evidence on which issued. Pee, APPENDIX NO. VI. 773 FOBM No. 122. Statement of passports visaed at the Consulate of the United States at , from , 189—, to , 189—. (Paragraphs 164, 586, 587.) No, When issued. To whom issued. By whom issued. Date of Prior visas, dates thereof, and by whom made. Pee. Remarks. Form No. 123. Names of persons employed at the United States Consulate at ■ (Paragraphs 586, 587.) Name. Place. .Of what country a citizen or sub- ject. Rank. Date of nom- ination. Date of cer- tificate. Note.— This form should be sent to the Department always at the close of the cal- endar year, iu order that the printed list of Consular OfiScers may be corrected. 774 APPENDIX NO. VI. Form No. 124. Detailed list of seamen or mariners shipped, deceased at the United States Consulate at ■ , and amount collected on account of each. (Paragraphs 557, 559,587, 605.) , deserted, or from to ® Sh 3) "Is 04^ ® %%» 52.3 h 5» to 03 . CO £ a ft Date and cause of leaving port or place from wnlcli he came. [seal.] U.S. ■ Consul. [Note.— Care should be taken to note in the last column whether the seaman was sent to your consulate by a consular officer, and full esplanations should be given of all seamen reported hereon.] [This form is to be forwarded to the Auditor for the State and other Departments on the date of arrival of the seaman.] APPENDIX NO. VI. 777 FOEM No. 127. Declaration of sculptor. (Paragraph 709.) I, , do solemnly and truly declare that I am a sculptor or statuary by profession, and that the statuary mentioned and described in the accompanying invoice was executed by me and is a professional production of mine. Subscribed and sworn to (or affirmed) before me this day of , 189—. U. S. Consul. Consul's certificate thereto. I, , Consul of the United States at , do hereby certify that the within declaration was subscribed and sworn to (or aflrmed) before me by • , who is known to me to be a sculptor or statuary residing at , and that the statements therein are true to the best of my knowledge and belief. [L.S.] , U. S. Consul. Form No. 138. Immigranfs declaration. (Paragraph 707.) Consulate of the United States, , , 189—. I, , do solemnly swear that I am an emigrant from to the United States, where I intend to settle and establish my perma- nent residence, and that the invoice now produced and hereunto annexed contains a true and faithful enumeration and description of the teams of animals, with their harness and tackle, and the wagons and other vehicles owned by me, and in actual use for the purpose of conveying my family and personal efiEects into the United States; that they are not, and none 778 APPENDIX NO. VI. of them are, intended for sale; and that they were all in actual use by me in before I emigrated to the United States. Sworn to and subscribed before me this day of , 189 — . Form No. 129. Returned American goods. Declaration of foreign exporter. (Paragraph 713.) 189—. I hereby certify under oath that, to the best of my knowledge and belief, the ' , hereinafter specified, are truly of the manufacture of the United States, ° or were exported from the United States filled with , and that it is intended to reship the same to the port of , in the United States, ^ on board the , now lying in the port of . I further certify that, to the best of my knowl- edge and belief, the actual market value of the articles herein named, at this time and in the form in which the same are to be exported to the United States, is as follows: * . Sworn to before me this day of , 189- U. S. Consul. Form No. 130. Consular certificate and shipper's affidavit for returned American shocks. (Paragraphs 714, 716.) , 189-. I hereby declare under oath that, to the best of my knowledge and belief, the fruit boxes or [and] barrels mentioned in the annexed invoice ' Name the articles. ' If the packages are empty, insert statement of the facts, as " and were exportei} from the United States filled with the produce of that country." s If the packages contain foreign merchandise, insert "filled with " and a descrip- tion of the merchandise they contain. * Tills blank is to be filled only when the merchandise contained in the packages is subject to a duty ad valorem. APPENDIX NO. VI. 779 are made wholly of shocks of the mamifacture of the United States, and were exported from per on the , 189—, and that it is my intention to reship the same filled with to the port of , in the United States, on board the , now lying in the port of . I further declare that the actual market value of said fruit boxes or [and] barrels is as stated in the annexed invoice. Certificate of consul. I, , consul of the United States at , do hereby cer- tify that the facts set forth in the preceding afBdavit subscribed by , and dated , 189 — , are in my opinion just and true, and entitled to full faith and credit. I further certify that the manifest and clearance of said shooks, per ship , is on file in this consulate, and recites the fact that said shooks are of the growth and manufacture of the United States, and were duly cleared at the custom-house at ; also a declaration, in writing, made at the time of exportation, of the intent to return said boxes or [and] barrels filled with fruit, nuts, or other merchandise to the United States, as further appears from the original custom-house certifi- cate of export and clearance of shooks, exported per said vessel by , dated at , the day of , 189 — , now on file in this consulate, covering boxes, complete, landed at in this district. In testimony whereof I have hereunto subscribed my name and afBxed the seal of my office at , this day of , 189 — . U. 8. Consul. Form No. 131. Mode of calculating consular salaries. (Paragraph 567. ) Consular salaries must be calculated by the quarter, and for both days inclusive. The same mode of calculation must be observed with 780 APPENDIX NO. VI. regard to fractions of quarters. The following calculations are gfiven as examples, viz: Example No. 1. For amount of my salary as consul at , from 1st January to 31st March, 1896, inclusive, being one quarter, at the rate of $3,500 per annum $875.00 Example No. 2. Fraction of a quarter. * * » * » from 1st April to 20th June, 1896, inclusive, heing 81 days of the quarter ending 30th June, 1896, at the rate of $3,500 per annum $778.84 To be calculated as follows, viz: April, 30 days. April, 30 days. May, 31 " May, 31 " June, 30 " June, 20 " 91 : $875.00 : : 81 81 87500 7000 91)7087500(778.84 637 717 637 805 ■738 770 728 420 364 56 91 APPENDIX NO. VI. 7«1 Example No. 3. For fraction of quarter ending SOtli September, at |3,500 per annum. July, 31 days. July, 81 days. August, 31 September, 30 93 August, 31 September, 20 : $875.00 : Example No. 4. 82 * » # « » fromlst July to 20tli December, 1896, inclusive, five months twenty days, at the rate of $3,500 per annum.. $1, 645. 38 Thus stated: Quarter ending 31st September, 1896 j 875. 00 Fraction quarter ending 31st December, 1896 770. 38 October, 31 days. November, 30 " December, 81 " October, 31 days. November, 30 " December, 20 " 92 $875.00 81 Form No. 132. Passport book. (Paragraph 604.) SS-6 s h5 a s Q o Q Q ^ APPENDIX NO. TI. 783 Form No. 135. Ship's daily journal, in which, on the deposit of the ship's register and papers, shall be recorded, for example, as follows: Ship- (Paragraphs 660 and 605.) , OP , TONS, — : , Master. Date of entry andofserv ice ren- dered. Jan. 20 21 Arrived From . When built, - Where built, ■ Owners, - day of - ,189- - and others. Cargo, inward [here insert where produced or manufactured] value.. Cargo, outward [here insert where produced or manufactured] value.. A B, master. C D, mate. EF, 2d mate. G H, boatswain, alias I J, sent to hospital. K Li, carpenter, discharged; wages paid, month's extra wages M N, steward, reported to have been lost overboard at sea (or to have died at sea) December 21,1890; wages paid O P, cook, reported to have deserted; amount of wages forfeited to the United States Q B, seaman. Etc. Etc. Shipped for voyage to . , boatswain. , carpenter. , steward. ■, cook. Beglster and papers delivered to master bound to . Note.— Should any of the seamen or mariners have died at sea, or have beeii lost overboard on the passage, the fact will be reported at once by the master, and a note thereof made opposite to the name of such person so deceased or lost ; as, for example, see steward. Should any seaman or mariner be discharged, or desert, a similar note of the fact must be made opposite to such deserter's or discharged seaman's name; as, for example, see carpenter and cook. In case any seaman or mariner has taken the name of any other seaman or mariner who may have deserted or otherwise absented himself after the clearing of the vessel, in the United States or otherwise, such seaman or mariner's correct and proper name must be entered opposite the name of the seaman or mariner so deserting or absenting himself; as, for example, see boatswain. And in the event of the seaman or mariner's taking the name of another seaman or mariner as aforesaid entering the hospital, being discharged, or deserting, the order to the hospital, certificate of discharge or desertion, and con- sular returns must contain the name of said seaman or mariner so taking the place of the absconding seamen; as, for example, f.eo boatswain. 784: APPENDIX NO. VI. Form No. 136. Form of bond for a Marshal of a Consular Court. {Paragraph 45.) Know all men by these presents that we, , , and , of the of , in the of , are held and firmly bound unto the United States of America in the sum of thousand dol- lars, lawful money of the said United States, to be paid to the said United States; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Signed with our hands and sealed with our seals this day of , 18-. The condition of the above obligation is such, whereas the President of the United States hath, pursuant to law, appointed the said to be Marshal of the United States for the Consular Court of , to have and to hoM. the same, with all the rights, privileges, and emolu- ments thereto lawfully appertaining, during the pleasure of the Presi- dent for the time being, as by a commission to him bearing date the day of , 18 — , more fully appears: Now, if the said shall faithfully perform all the duties of the said ofiflce of Marshal, then this obligation to be void ; otherwise to re- main in full force and virtue. Witnesses: . [l. s.] , . [L.S.] . [L.S.] APPENDIX NO. VI. 785 FOEM No. 137. Form of return of a Marshal of a Consular Court. (Paragraphs 586, 587, 649.) United States Consular Court at- Betum of suits for the quarter ending • 189-. flaJ o i> S u 5 a a iS P. SS 33» ,s ""•a 1 •: 1 43 (Q 1 il 1 ■s 1 +3 ^1 II ill 11 1 Marshal of the U. 8. Consular Court, FoEM No. 138. Declaration to be indorsed on the invoice and signed by the purchaser or the seller, or by the duly authorized agent of such purchaser or seller, where merchandise has been actually purchased. (Paragraphs 670,671.) I, of do solemnly and truly declare that I am the '- - of the merchandise in the within invoice mentioned and described; that the said invoice is, in all respects, correct and trne, and was made at ^ , whence said merchandise is to be exported to the United States; that said invoice contains a true and full statement of the time when, the place where, and the person from whom the same ^ Purchaser or seller, as the case may be. " Name the place from which the merchandise is to be exported to the rjnited States. 17824 C R 50 786 APPENDIX NO. VI. was purchased, and the actual cost thereof, price actually paid or to be paid therefor, and all charges thereon; that no discounts, bounties, or drawbacks are contained in said invoice but such as have been actually allowed thereon; that no different invoice of the merchandise mentioned in said invoice has been or will be furnished to anyone, and that the currency in which said invoice is made out is that which was actually paid or to be paid for said merchandise. And I further declare that it is intended to make entry of said merchandise at the port of ; in the United States of America. FOKM No. 139. Declaration to be indorsed on the invoice and signed by the manufacturer or owner, or duly authorized agent of such manufacturer or owner, where merchandise has been obtained otherwise than by purcJmse. (Paragraphs 664, 670, 671.) I, , of , do solemnly and truly declare that I am the ' of the merchandise in the within invoice mentioned and described; that the said invoice is in all respects correct and true, and was made at' ^ — , whence said merchandise is to be exported to the United States, that said invoice contains the actual market value or wholesale price of the said merchandise at the date hereof in the prin- cipal markets of " ; that said actual market value is the price at which the merchandise described in the invoice is freely offered for sale to all purchasers in said markets, and that it is the price which I would have received, and was willing to receive, for such merchandise sold in the ordinary course of trade in the usual wholesale quantities, and that it includes all charges thereon and the actual quantity thereof, and that no different invoice of the merchandise mentioned in the said invoice has been or will be furnished to anyone. And I further declare that it is intended to make entry of said merchandise at the port of , in the United States of America. 1 Manufacturer or owner. ' Name the place from which the merchandise is to be exported to the United States, s Name the country from whence exported. APPENDIX NO. VI. 787 Form No. 140. Certificate to be indorsed on each of the triplicate {or quadruplicate) invoices of merchandise. (Paragraph 688.) I, , C of the United States at , do hereby cer- tify that at , on this day of , A. D. 189—. the within invoice, No. , in which are mentioned and described certain [here iuserta general description of the merchandise] , amounting, with the charges thereon, to the gross sum of -. , was produced to me by in person, who thereupon declared, in writing, that entry of said merchandise was to be made at the port of , in the United States of America. I do further certify that I am satisfied that the person making the declaration hereto annexed is the person he represents himself to be, and that the actual market value or wholesale price of the merchandise described in the said invoice in the principal markets of the country at the time of exportation is correct and true, excepting as noted by me upon said invoice, or respecting which I shall make special communica- tion to the proper authorities. Witness my hand and seal of office at the day and year aforesaid. [L. S.] , C of the United States. Form No. 141. Receipt of master of vessel for invoices to be delivered to the collector of customs at the port of entry. (Paragraphs 693, 694.) , 189—. I aclpowledge the receipt of a package of invoices made up and sealed with the consular seal of the Consul at this port, directed to the col- lector at , which I promise to deliver on the entry of the [ship or other vessel] under my command, at the said port of . (Signed) Master of - 788 APPENDIX NO. VI. Form No. 142. Transmission of invoices to collectors. (Paragraph 693.) To United States Consulate, , 189—. Collector of Customs at ■ Sir: In pursuance of instructions, I transmit herewith ■ • tripli- cate (or quadruplicate) invoices, properly indorsed, of goods, as per descriptive list, hereto annexed. I am, sir, your obedient servant, TJ. S. Consul: Form No. 143. Descriptive list of triplicate or quadruplicate invoices. (Paragraph 694 J No. of in- voice. Name of the shippers. Consignee. Amount of By what ship. APPENDIX NO. VI. 789 Form No. 144. Certificate of the value of currency, (Paragraph 692.) Consulate of the United States at 189—. I, , Consul of the United States of America, do hereby certify that the true value of the currency of the of , in which currency the annexed invoice of merchandise is made out, is per cent as compared with the corresponding standard coin currency, and that the value in such standard coin currency of the total amouirt of the currency actually paid for the merchandise is . U, S. Consul. Form No. 145. (Omitted.) Form No. 146. Inward foreign manifest, (Paragraph 7(».) Railroad. Report and manifest of merchandise laden on board car No. cf the Railroad, which merchandise was taken on board at , in the British Province of , on the day of , 189 — , and destined for . Quantity of mer- chandise. Description of mer- chandise. Marks and numbers. Consignor. Consignee. Dutiable value. Bemarks. 790 APPENDIX NO. VI. [Indorsements.] United States Consulate at — . Quintnplicate consular mani- i J. . Car No. . I, . the undersigned owner (agent or consignee) of the merchandise laden on board, or conductor of oar No. , now about to depart, and destined for , do solemnly swear (or affirm) that this manifest contains, to the best of my knowledge and belief, a full and complete list and description of the contents of said car, and that the quantities and value of said contents are in this manifest faithfully and correctly stated. Agent {or Conductor). Subscribed and sworn to before me this day of , 189—. And I hereby certify that this car was sealed and the manifest verified under my personal supervision. U. S. Consul. APPENDIX NO. VI. 791 Form No. 147. Ordinary sample card. {Paragraph 685.) Consulate op the United States at Commercial desig- nation of mer- chandise. , 189—. Consular No. ot the invoice. Marks and No. of the packages. Name of the ship- per. Name of the con- signee. Width of merchan- dise. Quantity. Invoiced price. Discount. Date of the invoice. Name of manufac- turer. do certify that the sample hereto annexed is a fair and true sample of piece No. , contained in the package No. above men- tioned, and that the foregoing statement is in all respects true. The certificate at the hottom is to be signed by the shipper or his agent. 792 APPENDIX NO. VI. FoEM No. 148. Sample card for woolen fabrics. (Paragraph 685.) Invoice No. . Date, - , 189—. Shipper. Receiver. Kind of merchan- dise. Mark and No. of the package. Width. Invoice price. M. Per meter Discount. Remarks. Weight per square meter in grammes. Number of twills to one Paris inch of Henriettas or Cashmere. Number yarn used. Weft Warp If silk is used give number. I do hereby declare that the annexed sample is a fair and true sample of piece No. contained in package No. above mentioned, and that the foregoing statement is in all respects true. of firm of . APPENDIX NO. VI. 793 o o "8 S e o I I I IS S f >• g & o K u !z; H QO 1 i si SfeS^SSfeSaS?g "^assisssssss 5 s hi 6.3 S'fcSSgiSSSSS^ 5h' fa °"^S2SS38SS5S:SSS i sssssssssess s ■-""as^sg^ss^iss II SS:SSgg§5SSsg ^ ""SSSSSS^^^s^ atiy Oi-lNm-*l«COb-OOOSO 1 i 2 2; 1 1 1 ■a r-tCO"«**u^«o^-cooso ll o oi" SI . +- « -at IS 11 |1 C3 O "S5 g«g o g (D ro ops S.gg ■0*0 l.g^ 1& 794 APPENDIX NO. VI. Form No. 150. Certificate of consignee of landing of merchandise at foreign port. (Paragraph 724.) -, of the of , merchant, do hereby certify that the goods or merchandise hereinafter described have been landed in this [city, town, or port] between the and days of , from on board the — '■ of , whereof is at present master, viz : [Here describe the merchandise, giving the marks and num- bers, kind of merchandise, number of pounds (gross, tare, and net), gal- lons (wine and proof) , or packages upon which internal-revenue tax Is imposed], which, according to the bills of lading for the same, were shipped on board the at the port of , in the United States of America, on or about the day of , 189 — , and consigned to [me or to us] , by [ , of , aforesaid merchant [or by the mas- ter of said ] . Given under my hand at this day of , 189—. Form No. 151. Consular verification of consignee's certificate, (Paragraph 724.) ^ | -, Consul [or agent] of the United States of America, i the city of , do declare that the facts set forth in the foregoing declaration, subscribed by , of said port, and dated the day of , 189 — , are to my knowledge true and correct and deserv- ing of full faith and credit; and I further certify that the signature thereto is in the handwriting of said . In testimony w^hereof I have hereunto subscribed my name and afSxed the seal of my oflBce, at , this day of , 189 — . [SEAL.] -, Consul. ■ APPENDIX NO. VI. 795 Form No. 153. Veriflcation of the delivery of merchandise to be executed by American or foreign merchants, as the ease may require. (Paragraph 724.) We, , residing in the city of , do declare that the facts stated in the preceding certificate, signed by , of the said city, merchant, on the day of , are [to onr knowledge, just and true; or, are, in our opinion, just and true, and worthy of full faith and credit] . We also declare that there is [no Consul or other public agent for the United States of America, or American merchants, as the case may require} now residing at this place. Dated this day of , at the city of . [Signatures.] FOKM No, 153. Oath of master and mate of exporting vessel. (Paragraphs 724 and 725. ) Port op , , 189—. We, , master, and , mate, of the , lately arrived from the port of , in the United States of America, do sol- emnly swear [or aflflrm] that the goods or merchandise enumerated and described in the foregoing certificate, dated the day of , 189^—, and signed by , of the city of , merchant, were actually delivered at the said port on board the within the time specified in the said certificate, and as to the tobacco and snuff described therein that the weight stated was ascertained by actual weighing at the time of delivery. , Master. Sworn [or afllrmed] at the port of before me this day of , 189—. . [SEAL.] 1 Note. — In all cases the oath of the master and of the mate must be obtained. In the case of goods subject to internal-revenue tax the affidavit of the purser or other discharging officer may be substituted for that of mate. In case of failure to execute the foregoing at the port of delivery of the goods, the same may, upon the return of the vessel at the port of shipment, be subscribed to before the collector of the port. 796 APPENDIX NO. VI. Form No. 154. Certificate of foreign revenue officer, (Paragraph 725.) Port op -, , 189-. I, , do hereby certify that the goods [or merchandise] de- scribed in the foregoing declaration, and below, imported into this country [or province] from , were landed at this port, duly entered at the custom-house at this port on the day of , 189 — ,' and their value ascertained to be - -, and that the duties imposed by the law in force in this country [or province] upon said goods have been paid, or secured to be paid: Marks. Numbers. Description of goods. Date when entered. In witness whereof £ have hereunto set my hand and seal of ofSce this — day of , 189—. [SBAL.] , Collector or Chief Beventm Qffker. Form No. 155. Form of declaration of American artist. (Paragraph 711.) I, , a citizen of the United States and an artist residing at , do solemnly and truly declare that the work [or works] of art mentioned and described in the within invoice was [or were] executed and produced by me. Subscribed and sworn to [or affirmed] before me this day of - 189—. U. S. Consul. ' Note.— The value stated should he that of the goods in the foreign country to which they were exported. Such value need not be specified if the consignee chooses to pay the maximum fee for the Consular authentication of the landing certificate. APPENDIX NO. VI. 797 Certificate to the declaration of an American artist. I, , Consul of the United States at , do hereby cer- tify that the within declaration was subscribed and sworn [or afl&rmed] to before me by , who is known to me to be a citizen and an artist residing at , and that the statements therein are true to the best of my knowledge and belief. [L.S.] ^ , U. S. Consul. Form No. 156. Certificate to accompany natural mineral waters. (Paragraph 708.) I, , of , do hereby declare under oath that I am the owner [or manager] of [designate and locate the spring or springs] , that the mineral water specified in the annexed invoice is the natural product of said spring [or springs] , and that the same has been in no way artificially prepared. Subscribed and sworn to before me this day of , 189 — . [L. S.] , U. S. Consul. Form No. 157. Manifest of cargo of fishing vessel. (Paragraph 717.) Manifest of fish [or oil or other product of the fishei-y] taken by the [naming the fishing vessel] of the port of — , in the United States, duly documented under the laws of the United States, landed at the port of , and destined for transshipment by the [naming vessel to which transferred and the route, if destined to cross either isthmus route], to the port of , in the United States; said fish [or oil or 798 APPENDIX NO. YI. other product] having been taken by the crew or company of said ves- sel, while at sea, since the day of , 189-r-. Marks. Packages. Port of mtry in United .States. Consignees. Value. I, , master of the said [fishing vessel] , do hereby certify that said , above specified, was taken by the crew or company of said vessel and lauded at the port of , to be shipped to the port of -, in the United States, by the [name of importing vessel] of I further certify that the above is a true and faithful manifest of said , according to the best of my knowledge and belief. Sworn [or affirmed] before me this day of ■ Master. -, 189- V. S. Consul. Form No. 158. Certificate of United States Consul to manifest of fishing vessel. (Paragraph 717.) Consulate op the United States, , , 189- I, port of , United States Consul [or commercial agent] for the — , do hereby certify that the above certificate was sub- scribed and sworn [or affirmed] to before me by , master of the , of , and that I fully believe the statements therein to be true in every particular. I also certify that I have examined the papers of said vessel and find her to be an American vessel, owned by , commanded by , master, as shown by her register [or enrollment or license], numbered , issued at the port of , 189—. [SEAL.] U. S. Conml. APPENDIX NO. VI. 799 Form No. 159. Qriarterly transcript of the record of notarial and unofficial services, at the Consulate at ,for the quarter ending the day of , 189—. (Paragraphs 488, 586, 587 ) No. Date. To ■whom the serv- ice was rendered. Nature o( the service. Amount of fee or compensation. Remarks. I solemnly swear that the foregoing record of notarial and unofficial services is a full and correct transcript of the record of this Consulate, and that the same contains a true and accurate statement of all the fees received at this Consulate for such services during the period named. Subscribed and sworn to before me this ■ U. S. Consul. ■ day of , 189—. Form No. 160. Form of average bond. (Paragraph 188.) Average bond of steamer (or schooner or ship, as the case may be.) Whereas the steamer - -, whereof ■ is master, having on board a cargo of assorted merchandise, left the port of , in the State of , on or about the day of , one thousand eight hundred and ninety , bound for the port of , in the of , and intermediate ports. And whereas, while in prosecution of said voyage, the said steamer did meet vrith a disaster, by which means certain losses and 800 APPENDIX NO. VI. expenses have been incurred, and cither expenses may hereafter be incurred in consequence thereof, which, according to the usage on the western inland waters, constitutes a general average to be apportioned on said steamboat, her earnings as freight, and her cargo. Now we, the subscribers, being owners, shippers, or consignees, or agents or attorneys of owners, shippers, or consignees of said steam- boat , cargo, or freight, do hereby, for ourselves, our executors and administrators, severally and respectively, but not jointly, nor one for the other, covenant and agree to and with each other, and also separately to and with the master or other legal representatives of said steamboat and cargo, that the loss or damage aforesaid as shall be made to appear to be due from us, the subscribers, or from those whom we represent, shall be paid by us respectively on demand, according to our shares in the said steamboat, cargo, or earnings as freight, and that such losses and expenses be stated and apportioned, in accordance with the established usages and laws upon the waters of , by , at the of , of , or some other competent adjuster of marine losses. For the true performance of which we do severally bind ourselves, our principals, heirs, executors, administrators, and assigns, to each other, and separately to the said steamer , master, or repre- sentative of the said steamboat and cargo, as the general representative of all parties at interest. In witness whereof we have hereunto set our hands and seals on this day of , in the year of our Lord one thousand eight hundred and ninety . Note. — Parties signing the bond will produce the invoice of goods and insert amount of the same on the bond. Name of consignee J Number of articles.^ Invoice value.^ By whom the average bond is signed. ^ Clerk of the boat or vessel will fill this out before leaving. ' To be filled out by signer of the bond. APPENDIX NO. VI. 801 s g ■to p^ 8 S ■S » ■M cJ ££ S Si lO (M ffl QO U3 iH S CO ^ CD i-H CD i-H CD s s g Hi a s 8 a CO M op D5 CO CO ffi CD S% OS uS oS CO O t- CO o t- s s s s S5 S S g o3 ^ 03 b> 3 S Si S S 17824 C E- 51 802 APPENDIX NO. VI. a O « <* M CO ■9 ^ jp CO S S is Ss ^ g CO CO CO CO i-H CO IfS eococococococococococo ^ :* S CO CO CO CO CO CO CO 8 S S! CO CO CO CO CO n CO s s e^cM&xcQcocococo CO CO Oi rH CO so fc- t- t- CO S8 S 04 W LQ b> O) ei ci ei is in ci oi i-H cb 1:0 CO (M in 3 (1 3 0, 3 4; 3 .') 3 5. 3 HI 3 10 3 1(J! 5 6 r s 9 ~ 7i H 8,1 9 i (H i 1 i u 1 2 i 5 1 51 1 6 1 6* 1 7 1 111 1 m 1 11 1 lit 1 2 3 2 ■M •> 4 ■> 4i 2 5 2 K 2 8J •> 9 2 9( 9 10 2 1 3 1.1 ii 2 3 2J i) 3 3 6 3 «i 3 7 3 7! 3 8 3 11 3 lU 4 (1 4 OJ 4 1 4 Note.— The sterling value of the sum named in the let t-handmargin is shown in the adjoining folumn. When the amount is greater than the marginal figures, find the remaining figure or figures AT TBE TOP, and the value will be shown where the lines intersect. No. 1 gives values less than 31- No. 2, values from gl to S99- No. 3, values from S1,000 to §9,900. No. 4 may be used alone, or with each or all of the others by noting the value of the amount nearest to that required and using the others for the remainder. No. 2. d. 2 2< 4 51 6S 8 91 21 3j 4} 5! 7 8 91 lOi 4 6 8 in 12 10 14 I 11 IB I 12 18 13 2 3i 4! 6 7 8i 91- lOj 111 16 : 16 18 : 18 3! 4} 6 71 8i 9J 10! Hi 1 51 61 71 8} 9} 11 u 21 6i 7) 81 10 11 01 U 2! 31 9 101 11! 0! U 21 4 51 91 101 11! OJ 1} 3 4 51 B! 10} 11! OJ u 3 41 51 61 7i 111 0} 2 31 4} 5! 61 7} 18 It 19 21 3f 1 4} 2 l)f 3 7 4 8 lOJ lOO 200 :ioo 400 500 600 roo 900 io,ooo 20,000 35,000 30,000 40,000 50,000 60,000 70,000 73,000 100,000 20 10 41 1 61 12 82 3 102 14 la! 5 143 IB 1B4 7 184 18 2,054 17 4,109 14 5,187 3 B, 1B4 11 8,219 9 10,274 B 12,329 3 14,384 1 15, 411 9 20, .548 13 No. 3. 1,000 3.000 3,000 4.000 5.000 > 71 472 12 41 6-8 2 n 883 iT 10 1,089 1 61 1.294 II 31 1..5fJ0 1 01 1 , 7(15 10 9 1.911 51 9400. 287 13 493 3 698 13 904 2 1,109 12 1,315 2 1..520 12 1,726 1 1.931 11 9300. 308 513 719 924 1,130 i,;«5 1..541 1,746 1,9.52 4 Oi 9{ 6i 3 lU 8! 51 «600. .328 .534 7.39 945 1,1.50 1,356 1,.561 1,767 1,972 7 3! 0! 9J 6 2! Ill 81 81700. 349 .554 760 985 1,170 1,376 1,.582 1,787 1,993 61 31 01 9 5} 2! Ill 8 41 8800. 675 780 986 1,191 1,397 1,602 1,808 2,013 61 3 11} 8} 51 2 lOj 7! 41 390 595 801 1,006 1,212 1,417 1,H23 1,828 2,034 11! lU 11 10! lOj 101 10 9! 9 31 7 21 101 2 B 91 1 81 S900. 51 21 111 8 4! 1} 101 7 3i Tho combinations in the above table show the sterling value of any amount in United States gold coin from 1 cent upward. To find the value of J68.88 find 863 in No. 2, as directed in the note = f 12 1™. lid a"d teicents m No^^^^ 2° lOd.: total, £13 Is. lOd. To find the value of $4,725: No. 3 shows $4,700 = f9B.5 1.5s. «d., and No. 2 shows $25 = £5 is. 9d.; total, £970 188. 6d. Face page 802. Consular Regulations. APPENDIX NO. TI. 803 Form No. 163. Certificate given to the master of a vessel when transporting destitute seamen to an intermediate port. (Paragraph 285.) Consulate of the United States op America , -, 189- To , Esq., United States Consul at : Sir: It is hereby certified that I have, on this day of , 189 — , agreed with , master of the [name and nationality of ves- sel] for the transportation from this port to of the following destitute American seamen [give names and name of vessel in which each seaman last served] ; and that the said [name of master] will be entitled to the sum of | , being the passage money at the rate of $ for each seaman so transported, when he shall have satisfied you of their arrival at yoTir consulate. The payment of this sum by you is authorized and required by the provisions of paragraph of the Consular Regulations of 1888. I am, sir, etc., [SEAL.] , U. S. Consul. Form No. 164. Receipt of seaman for wages. (Paragraph Wi.) Received of , United States Consul at , the sum of ■ dollars, being the amount [or residue as the case may be] of the arrears of wages and extra wages due to me since my discharge from the [name of vessel] , of , of which [name of master] is master. (Date.) 804 APPENDIX NO. VI. FOKM No. 165. Account for clerk hire. (Paragraphs 538, 539, 554, 555, 577, and 587. ) United States Consulate, , 189- The Government of the United States in account with - U. S. Conml. 189—. Quarter ending Dk. For clerk hire from to at the rate of $ per annum, as per voucher herewith . $ Cb. By my draft on the Secretary of State dated ,189 $ 189—. $ By fees applied U. S. Consul. Note.— This account is to be sent to the Department of State at the close of each quarter by all Consular Officers (feed or salaried) who are allowed clerk hire. It is also adapted for accounts for salaries of marshals, interpreters, and prison expenses. FOKM No. 166. Voucher for clerk hire. (Paragraph 554.) United States Consulate, -, Consul of the United States at ■ Received from - of $ in full payment for services actually rendered as clerk from to , at the rate of $ per annum. , 189—. , the sum APPENDIX NO. VI. 805 The services having been devoted exclusively to the business of the Consulate. Clerk. I certify that the statements in the above voucher are true. U. S. Consul. Form No. 167. (Paragraphs 183,339,574,575, and 587.) United States Consulate, -, 189—. Statement of official services necessarily rendered, in accordance with the provisions of section 12 of the act of Congress approved June S6, 1884, for the vessel , , master, belonging to the port of . U. S. Consul. I certify that the above statement is correct and the services rendered were necessary. Master of the Vessel. N. B— Consular officers are instructed to issue the above form in duplicate, and to send the duplicate to the Auditor for the State and other Departments with Form No. 168. The original is to be delivered to the master of the vessel, who must deliver it to the collector of the district in which the vessel first arrives on her return to the United States, and if such master fails to furnish such statement he is liable to a fine of not exceeding fifty dollars. 806 APPENDIX NO. VI. Form No. 168. (Paragraphs 574,575,587,605.) Detailed report of official services to American vessels and seamen neces- sarily rendered in accordance with the provisions of section 12 of the act of Congress approved June ^6, 1884, by , United States at , for the quarter ended , 189 — . Name of Name of master. To what port be- longing. Nature of serv- ice ren- dered. Amount of fee as pre- scribed in the tariff of fees. Itemarks. On this day of , before me, the undersigned, personally- appeared , United States at , and made oath in due form of law that the above and foregoing report or statement of oflacial services to American vessels and seamen is a true and coiTSct statement of the official services performed by him for the American vessels above named for and during the period of time therein men- tioned; that said services v?ere actually and necessarily rendered by him at the instance and request of the masters of the respective vessels herein named; that no services are herein reported except such as were so actually and necessarily rendered in accordance with the provisions of section 13 of the act of Congress approved June 26, 1884, and that the amounts of the respective fees herein stated are in accordance with the tariff of consular fees prescribed by the order of the President of the United States.' U.S. Sworn to before me. [To be transmitted quarterly to the Auditor for the State and other Departments by United States Consular officers compensated by fees.] ' Leave six blank lines between text of oath and the signature thereto. APPENDIX NO. VI. 807 Form No. 169. (Paragraph 574, 575, and 587.) Tlie United States Government, in account with — States at , from , 188 — , to ■ Dr. , United , 188—. Cb. To balance from previous account ._- To amount of my compen- sation for the above- named period, received from omcial fees col- lected To amount due for official services to American vessels and seamen dur- ing the above-named pe- riod, as per detailed re- port herewith, under act approved June 26, 1884. . . To balance due the United States By balance from previous account By official fees collected during the above-named period, as per transcript herewith By balance due me. United States at . — 189- U. S. Consul. FoEM No. 170. Account of payments to masters and seamen of foreign vessels for rescu- ing American citizens, crews, etc. (Paragraph 328.) The Oovemment of the United States in account with , consul of the United States at - Dr. Cb. To amount iiaid seamen for their services in rescuing the crew of the American , as per vouchers herewith By my draft on the Secre- tary of State, dated Consulate of the United States, at -, 189- U. S, Consul. 808 APPENDIX NO. VI. [Voucher to accompany Form No. 170.] Received from , consul of the United States at , the sum of , in full payment for services in connection with the rescue of the crew of the American , on the day of , 189—. Seaman of the ■ Witness: Form No. 171. Statement of manufacturer to be annexed to invoice or to statement in the form of invoice of merchandise consigned for sale by him or on his account to a person in the United States. (Paragraph 674.) I, , of , do solemnly and truly declare that I am the manufacturer of the merchandise mentioned and described in the ' , and that the actual cost of production of such merchandise, including cost of materials and of fabrication, all general expenses of each and every outlay of whatever nature incident to such production, together with the expense of preparing and putting up such merchandise ready for shipment, is as follows, viz, . Manufacturer. I, , United States C at , do hereby certify that I believe the person who signed the foregoing statement is the person he represents himself to be, and that he this day signed the same in my presence. Witness my hand and seal of office at , this day of , 189—. [L. s.] , C of the United States. 1 Certified invoice (or statement in the form of invoice) No. , dated - APPENDIX NO. VI. 809 Form No. 173. Statement of consignor, other than the manufacturer, to be annexed to invoice or to statement, in the form of invoice, of merchandise consigned for sale by him on his account to a person in the United States. (Paragraph 674) I, , of , do solemnly and truly declare that I am the consignor of the merchandise mentioned and described in the' , and that said merchandise was actually purchased ^ on the day of 189—, at from , and that the merchan- dise is consigned to at for sale on my account, and that I actually paid therefor the prices hereinafter detailed and set forth, viz, . Consignor. I, , United States Consul at , do hereby certify that I believe the person who signed the foregoing statement is the person he represents himself to be, and that he this day signed the same in my presence. Witness my hand and seal of oflBce at , this day of , 189—. [L.S.] , Consul of the United States. Forms Nos. 173, 174, and 175. [Certificates of disinfection of hides are prescribed by the Secretary of the Treasury (see Paragraphs 381-384), and as they are subject to alteration by him from time to time, they are not included herein.] 1 Certified invoice (or statement in the form of invoice), No. , dated . " By me or on my account. 810 APPENDIX NO. VI. Form No. 176. Application for passport. (Paragraph 151.) NATIVE. Fee for passport --- $1.00 Pee for filling out application in duplicate 50 Fee for administering oath in duplicate., 6Q No. .] Issued :, 18— I, , a native and loyal citizen of the United States, hereby apply to the legation of the United States at for a passport for myself, accompanied by my wife , and minor children as follows: , born at , on the day of , 18 — , and I solemnly swear that I was born at , in the State of , on or about the day of , 18 — ; that my father is a citizen of the United States; that I am domiciled in the United States, my per- manent residence being at , in the State of , where I follow the occupation of ; that I left the United States on the — — day of , 18 — , and am now temporarily sojourning at ; that I am the bearer of passport No. — , issued by on the day of , 18 — ; that I intend to return to the United States within with the purpose of residing and performing the duties of citizen- ship therein; and that I desire the passport for the purpose of . Oath of allegiance. Further, I do solemnly swear that I wiU support and defend the Con- stitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or purpose of evasion. So help me God. Legation of the United States at . Sworn to before me, this day of , 18 — . Description of applicant. Mouth: . Chin: . Hair: . Age: years. Stature: feet, inches, Eng, Forehead: . Eyes- . Nose: . Complexion: Face: APPENDIX NO. VI. 811 Identification. , 18-. I hereby certify that I know the above-named person- ally, and know h — to be a native-born citizen of the United States, and that the facts stated in h — affldavit are true to the best of my knowl- edge and belief. [Address of witness 1 Note.— This form is to be filled out in duplicate, one copy being retained on the files of the legation and the other forwarded with the quarterly returns to the Department of State. It may be so filled out by the applicant, in which case no fee therefor is chargeable. Form No. 177. Application for passport. (Paragraph 151.) NATURALIZED. Fee for passport $1.00 Pee for filling out application in duplicate. 50 Fee for administering oath in duplicate -. 50 No. .] Issued, , 18 — . I, , a naturalized and loyal citizen of the United States, hereby apply to the legation of the United States at for a pass- port for myself, accompanied by my wife, , and minor children, as follows: , born at , on the — - day of , 18—; and . I solemnly swear that I was born at on or about the day of , 18 — ; that I emigrated to the United States, sailing on board the , from — ^ , on or about the day of , 18 — ; that I resided years, uninterruptedly, in the United States, from to , at ; that I was naturalized as a citizen of the United States before the court of at , on the day of , 18—, as shown by the accompanying certificate of naturalization; that I am the bearer of passport No. , issued by on the day of , 18 — , which is returned herewith; that I am the identical person referred to in said certificate and passport; that I am domiciled in the United States, my permanent residence therein being at , in 812 APPENDIX NO. VI. the State of , where I follow the occupation of ; that I last left the United States on the day of , 18—, on board the arriving in the day of , 18 — ; that I have resided in since the day of , 18 — ; that I am now temporarily residing at ; and that I intend to return to the United States within with a purpose of residing and performing the duties of citizenship therein. I desire the passport for the purpose of . Oath of allegiance. Further, I do solemnly swear that I wiU support and defend the Con- stitution of the United States against all enemi,es, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or purpose of evasion: So help me God. Legation of the United States at . Sworn to before me this day of , 18 — . Description of applicant. Age: years. Stature: feet inches, Eng. Forehead: . Eyes: . Nose: . Mouth: Chin: - Hair: — Complexion: - Face: . Identificalion. ,18-. I hereby certify that I know the above-named person- ally, and know h— to be the identical person referred to in the within- described certificate of naturalization, and that the facts stated in h— aflBdavit are true to the best of my knowledge and belief. [Address of witness.] Note.— This form Is to be flUed out in duplicate, one copy being retained on the files of the legation and the other forwarded with the quarterly returns to the De- partment of State. It may be so filled out by the applicant, in which case no fee therefor is chargeable. APPENDIX NO. VI. 813 Form No. 178. Application for passport. (Paragraph 151.) FORM FOR PERSON CLAIMING CITIZENSHIP THROUGH NATURALIZATION OF HUSBAND OB PARENT. No. .] [Issued . United States of America, State of , County of , ss: I, , a naturalized and loyal citizen of the United States, hereby apply to the Department of State, at Washington, for a pass- port for myself, accompanied by my wife, , and minor children, as follows: , born at , on the • day of , 18—; and . I solemnly swear that I was born at on or about the day of , 18 — ; that my emigrated to the United States, sailing on board the , from , on or about the day of , 18 — ; that he resided years, uninterruptedly, in the United States, from to , at ; that he was naturalized as a citizen of the United States before the court of , at , on the day of , 18 — , as shown by the accompanying certificate of natu- ralization; that I am the of the person described in said certificate; that I have resided in the United States, uninterruptedly, for years, from to , at ; that I am domiciled in the United States, my permanent residence being at , in the State of , where I follow the occupation of ; that I am about to go abroad temporarily; and that I intend to return to the United States with the purpose of residing and performing the 'duties of citizenship therein. Oath of allegiance. Further, I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or purpose of evasion: So help me God. Sworn to before me this day of , 18 — . Notary Public, 814 APPENDIX NO. VI. Description of applicant. Mouth: ■inches, Eng. Chin: , Hair: , Complexion: Face: . years. Stature: feet - Forehead: . Eyes: . Nose: . Identification. I hereby certify that I know the above-named person- ally, and know h — to be the of the person referred to in the within- described certificate of naturalization, and that the facts stated in h— affidavit are true to the best of my knowledge and belief. [Address of witness.] Applicant desires passport sent to following address: FOEM No. 179. Certificate of deposit of passport and registry of a citizen of the United States. (Paragraph 165.) Consulate of the United States op America, at , 189— Height — Forehead ■ Eyes Nose Mouth - Chin — Hair — Complexion ■ Face The undersigned Consul of the United States of America, certifies that , a citizen of the United States of America, is registered in this consulate, and is the bearer of passport No. , signed by . No. [Signature of the bearer.] APPENDIX NO. VI. 815 Form No. 180. (Paragraph 166.) Certificate to he attached to a passport application in China when a notary public or other officer authorized to administer oaths is not accessible to the applicant. I, the undersigned, do hereby certify and afflrm that the matters stated in my application for a passport of date are true; and I do hereby consent that this statement shall, in all respects, be held and treated as if I had personally executed such application before a consul of the United States. Witness; Form No. 181. (Paragraph 167.) Travel certificate to be issued to the possessor of a passport in China. No. .] I, , Consul of the United States of America at having received £^n application from , a citizen of the United States, for a passport to travel in the province of — ■ — , have, under the provisions of the Tien Tsin treaty, issued this pass, and have to request that the Chinese authorities, civil and military, on examining it, will allow Mr. safely and freely to pass, and in case of need, to give him all lawful aid and protection. Given under my hand and the impression of the seal of the consulate of the United States at this day of , 189—. Good for one year. [seal.] , U. S. Consul. 816 APPENDIX NO. VI. Form No. 182, (Paragraph 167.) Travel certificate to be issued to an applicant for a passport in China, No. ■ I, -•] -, Consul of the United States of America at - having received an application from United States, for a passport to travel from ■ . a citizen of the -, by way of, — ■ — , to [and return] , have, under the provisions of the Tien Tsin treaty, issued this pass, and have to request that the Chinese authorities, civil and military, on examining it, will allow Mr. safely and freely to pass, and, in case of need, to give him all lawful aid and pro- tection. Given under my hand and the impression of the seal of the consulate of the United States at , this day of , 189 — . Good only for one journey, and not longer than one year. [SEAL.] , U, S. Consul, Form No. 183. Affidavit of consignee, declaring the delivery of tobacco or snuff at a foreign port. (Paragraph 724.) Port of , 188—. , of , do hereby declare that the goods or mer- chandise hereinafter described have been landed at this port, between the and days of , from on board the , of , whereof is at present master, viz: Marks and num- bers. Description of goods. Pounds. Bate of tax. Amount of tax. Which goods or merchandise, according to the bills of lading for the same, were shipped on board the , at the port of , in the APPENDIX NO. VI. 817 United States of America, on or about the day of , 188 — , and consigned to by — '■ , of aforesaid; and I further certify that the weight of the goods as stated above was cor- rectly ascertained by actual weighing after landing. Sworn and subscribed at the port of ■ Consignee of Goods. -, before me this — — day of U. S. Consul. Form No. 184. Bond No. .] Certificate of consignee of landing outside of free zone. (Paragraph 728.) I,- of the citv of Mexico, do hereby certify that the goods or merchandise hereinafter described have been landed in the city of ; Mexico, on the day of , 189 — , from on board the care of the railroad, whereof is at present conductor, and have been duly entered at the Mexican custom-house in the said city of , and consigned, forwarded, and delivered to , at , Mexico, beyond the limits of the free zone. Marks. Numbers. Description of goods. Value. which, according to the bills of lading for the same, were shipped on board the bonded line at the port of , in the United States of America, on the day of , 189 — , and consigned to me at , Mexico, by , of . Consignee. 17824 C R 52 818 APPENDIX NO. VI. Form No. 185. Consular verification of consignee's certifl I.