(iEO. M, FISK. JTraruhtg aitb ^abor. LIBRARY Universityof Illinois. CLASS. BOOK. VOLUME. '^W.'h Un'b(o Accession No. I Digitized by the Internet Archive in 2018 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/consularregulatiOOunit REGULATIONS PRESCRIBED FOR THE USE OF THE CONSULAR SERVICE OF THE UNITED STATES. WASHINGTON : GOVERNMENT PRINTING OFFICE. 1896 . . c Executive Mansion, Washington, December 31, 1896. In accordance with the provisions of law the following rewsed reg¬ ulations and instructions, including a tariff of fees to be charged for official services, are hereby prescribed for the information and gov¬ ernment of the Consular Officers of the United States. Grover Cleveland. Department of State, Washington, 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 Olney. To the several Consular Officers of the United States. II ’bo'Y\ c>^ ^c-V\ 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 Officers.. 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..... 30 Inviolability of the archives and papers of the Consulate_ 31 Inviolability of the Consular Office and dwelling. 31 Exemption from arrest... ’. 31 Exemption from obligation to appear as a witness 32 Exemption from taxation_ 32 — Exemption from military billetings, or service and public service .. 33 Infraction of treaties. 33 III IV TABLE OF CONTENTS. Page. Art. 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____ 34 Right to reclaim deserters_ 34 Salvage and wrecks_ 35 Personal effects 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.. Ill 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 OF CONTENTS. V Art. 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.. 172 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 pension 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_ 182 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 OF CONTENTS. Pago. Art. XXVI. Consular fees_______ 205 XXVII. Consular accounts and returns__ 219 Vouchers_ 223 Contingent expenses United States Consulates... 223 Allowance for clerks at Consulates_ 236 Consular court and prison accounts in non-Chris¬ tian countries_:_ 226 Relief and protection of American seamen_ 227 Salaries, Consular Service_ 229 Official fees__ 233 Drafts and accounts during the absence of sala¬ ried principal officers_ 235 Compensation from Consular fees received_ 236 Accounts for pay for services to American ves¬ sels and seamen_ 237 Salaries of Consular Clerks_ 240 Drafts____ - 240 Summary of returns and accounts ... 244 Indorsement of accounts and returns.. .. 246 XXVIII. Consular reports___ Reports for the use of the Treasury Department. Reports for the use of the Department of Agri¬ culture ___ XXIX. Record books and archives.. .. XXX. Judicial powers in non-Christian countries.. XXXI. Customs regulations: Invoices of importations.. Sealing of cars entering the United States from Canada----- -- Documentation of merchandise for free entry_ Returned American merchandise..... Marks of country of origin.. Convict-made merchandise. - Landing certificates. - Consuls and special Treasury agents.. 248 257 258 262 276 298 300 304 308 310 311 317 Appendix No. I. The Constitution of the United States 319 TABLE OF CONTENTS. VII Appendix No. II. Page. Extracts from the statutes ot the United States relative to the Consular Service_ 337 General provisions_ 339 Diplomatic and Consular Officers_ 340 Citizenship_ 360 N aturalization_ 362 Immigration_ 368 Collection of duties.. 403 The public moneys._ 427 The postal service__ 428 Foreign relations_ 428 Regulation of commerce and navigation__ 444 Regulation of vessels in foreign commerce_ 447 Merchant seamen. 448 The public health-.... 501 Extradition__ 512 Penalties___ 513 Appendix No. III. Treaties and extracts from Treaties relating to Considar 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)_ 524 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)._ 532 June 18, 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). 552 VIII TABLE OF CONTENTS. Page. Corea, or Chosen (see Korea)...... 606 Costa Rica, July 10,1851 (friendship, commerce, and navigation) _ 557 Denmark, April 26, 1826 (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 3, 1815 (commerce)....... 576 June 3, 1892 (reclamation of deserting seamen)_ 577 Greece, December if, 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 3,1864 (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 (x^eace 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 (shix^wreck expenses).. 601 November 22, 1894 (goes into effect July 16, 1899). 602 TABLE OF CONTENTS. IX Page. Kongo Free State, January 24, 1891 (amity, commerce, and navi¬ gation).... ‘ _ 605 Korea, or Chosen, May 22, 1882 (commerce, etc.)_i_ 606 Liberia, October 21, 1862 (commerce and navigation)_ 609 Lubeck {see Hanseatic Republics)__ 579 Madagascar, May 13,1881 (friendship and commerce). (5^eeTreaty volume, title Madagascar.) Maskat, September 21, 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).. 612 Convention, July 3,1880 (right of protection in Morocco) _ 613 Muscat {see Maskat)___ 609 Netherlands, January 22, 1855 (Consular privileges in colonies).. 618 May 23, 1878 (rights, privileges, and immunities of Consular Officers not applicable to colonies)_ 622 New Granada {see Colombia)____ 552 Nicaragua, June 21,1867 (friendship, commerce, and navigation) _ 629 Orange Free State, December 22,1871 (friendship, commerce, and extradition)__ 630 The Ottoman Porte, May 7, 1830 (commerce and navigation)_ 632 Protocol, August 11, 1874 (rights of foreigners to hold real estate in the Ottoman Empire)___ 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 26, 1840 (commerce and navigation)_ 641 Roumania, Consular Convention June 5,1881_ 643 Russia, December 1832 (navigation and commerce)_ 649 The Samoan Islands, January 17,1878 (friendship and commerce). 650 Serbia, Consular Convention October 1881_ 651 Siam, May 29, 1856 (peace and friendship)__ 651 General regulations under which American trade is to be con¬ ducted in Siam___ 654 Spain, October 27,1795 (friendship, limits, and navigation;_ 656 February 22, 1819 (amity, settlement, and limits)_ 656 Sweden and Norway, July 4,1827 (commerce and navigation)_ 657 X TABLE OF CONTENTS. Page. Swiss Confederation, November 25, 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 aZso 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 III, 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. Miscellaneous. 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 OF CONTENTS. XI 1 . 2 . 3. 4. 5. 6 . 7. 8 . 9. 10 . 11 . 12 . 13. 14. 15. 16. 17. 18. 19. 20 . 21 . 22 . 23. 24. 25. 26. 27. 28. Appendix No. VI. Forms referred to in the text. Oath of allegiance and office__ Bond for Consular Officers not permitted to engage in trade. Bond for Consular Officers permitted to engage in trade_ Omitted. Joint certificate of the outgoing and incoming officers_ Form for the first (or outside) page of a dispatch_ Form for a dispatch and inclosure___ Address of envelopes_ Consular passport___ Form for visa of passport_ Omitted. Certificate to be used in prosecutions of masters of vessels for refusal to deposit papers_ Certificate given to master on deposit of ship’s register and papers_ Certificate given to master on delivery of ship’s register and papers_ Shipping agreement between master and crew_ Acknowledgment and indorsement on such agree*ment_ Certificate of discharge of seamen to be attached to crew list and shipping articles _ _ Certificate of discharge of seaman_ Certificate and oath of a new master appointed by Consul.__ Declared-export return_ Certificate of cancellation of crew bond_ Order to send seamen to hospital_ Certificate given to masters whose seamen leave hospital against physician’s advice___ Certificate given to masters of vessels transporting to the United States destitute American seamen_ Omitted. Affidavit or certificate of attending physician__ Complaint by crew of bad quality or insufficient quantity of provisions or water_ Notice to master of result of examination on comiilaint of crew___ Page. 703 703 706 707 708 708 709 709 710 710 711 711 712 714 • 715 716 716 717 717 718 718 719 720 721 721 TABLE OF CONTENTS. XII Page. 29. Entry of result of examination in log book of vessel_ 722 30. Rex)ort to the district judge of the United States_ 722 31. Request 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 34. Request to Ideal 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. Advertisements 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 OF CONTENTS. XIII 60. 61. 62. 63. 64. 65. 66 . 67. 68 . 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86 . 87. 88 . 89. Master’s letter notifying Consul of intention to sell vessel and cargo_ Letter of master to auctioneer__ Certificate authenticating copies of inventories and letters.. Account of sale of a vessel___ Certificate authenticating signature of auctioneer__ Certificate authenticating copy of account of sale_ Omitted. Certificate on sale of vessel abroad to an alien or a nonresident citizen_ Bottomry bond_ Acknowledgment to bottomry bond_ Assignment of bottomry bond____ Acknowledgment to assignment of bottomry bond_ Indorsement of bottomry on ship’s register_ Indorsement on register on the payment of a bottomry bond. Oath of master to death or loss overboard at sea of a seaman or mariner___ Oath of master or mate to correctness of log book__ Oath of master to ship’s bills and vouchers for disbursements and repairs________ Consul’s certificate for custom-house or authorities, in case of the deviation of a vessel from the voyage_ Certificate of ownership of a vessel_ Roll or list of crew, when required by the captain or authori¬ ties of the port___ Order to pay, at home, seaman’s wages_ Master's acknowledgment to the same_ Certificate of shipment of seamen or mariners attached to crew list and shipping articles_ Agreement of master to give increased wages__ Form to be used when shipwrecked seamen are picked up at sea and conveyed home or to any other port..... ... Receipt by Consul for effects of a deceased seaman_ Consular quarterly remittance of seamen’s effects_ Certificate of marriage_____ Form for authentication of signatures..... Certificate that an officer is qualified to administer an oath.. Page. 739 740 740 741 741 742 742 743 744 744 745 745 745 746 746 747 747 748 748 749 749 750 750 751 752 753 753 754 754 TABLE OF CONTENTS. XIV Page. 90. Contingent expenses, United States Consulates__ 755 91. Voucher for rent______ __ 756 92. Exchange v'oucher 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 Treasurj^ Department. 761 100. Requisition for stationery supplies for consulates_.'_ 761 101. Record of treasury fees (seaport consulate)_ 762 102. 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 Officer, 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_■_ 767 112. Form for stating an account for salary and fees, exclusive of seamen’s wages or expenditures for them_ 768 113. Certificate to accompany Form 112_ 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--'171 120. Quarterly return of the arrival and departure of American vessels__- - 772 121. Semi-annual passport return to the Department of State- 772 122. Statement of passports visaed- 773 128. Return of names of persons employed at the Consulate- 773 124. Detailed list of seamen or mariners shipped, discharged, deserted, or deceased_ 774 125. Salary account of Minister Resident and Consul-General_ 775 126. Return of seamen who have come upon the Consulate other¬ wise than in the employment of vessels or by regular dis¬ charge therefrom_ 776 127. 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. 782 135. Ship’s daily journal_ 783 136. Form of bond for a Marshal of a Consular Court_ 784 137. 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__ 787 142. 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 verification of consignee’s certificate_ 794 152. 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 officer__ 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__ 801 162. 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 official 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- chan dise consigned for sale.... 808 TABLE OF CONTENTS. XVII Page. 172. 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 j^erson 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 application 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_ 815 182. 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 4 187. Affidavit by the owner, agent, or importer.... 819 17824 C R-II EXPLANATION OF ABBREVIATIONS. Ben.Benedict’s United States District Court Reports. Blatch.-.Blatchford’s United States Circuit Court Reports. Blatch. & H. BlatcMord & Howland’s United States District Court Reports. Bowler’s 1st Comp. Dec... Decisions of the First Comptroller of the Treasury (1893-94). Cal... California Reports. Cliif ..Clifford’s United States Circuit Court Reports. C. Cls. R...United States Court of Claims Reports. Comp. Dec.Decisions of the Comptroller of the Treasury. Cranch.Cranch’s United States Supreme Court Reports. Curtis.Curtis’s United States Circuit Court Reports. Curtis on Seamen.Curtis’s Rights and Duties of Merchant Seamen. Cust. Reg...Customs Regulations of the United States, edition of 1893. Dana’s Wheaton. Wheaton’s International Law, Dana’s edition. Fed. Rep.United States Federal Reporter. Halleck.... Halleck’s International Law. How..Howard’s United States Supreme Court Reports. Low...Lowell’s United States District Court Reports. Mason.Mason's United States Circuit Court Reports. Nev... Nevada (Territory) Reports. Olcott.Olcott’s United States District Court Reports. Op. Att. Gen.. Opinions of the Attorney-General of the United States. Pac. Rep... Pacific Reporter. Peters C. C.Peters’s United States Circuit Court Reports. Pick... Pickering’s Reports (Massachusetts). R. S.Revised Statutes of the United States (1878). S. Synopsis 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 Reports. Swabey.Swabey’s Admiralty Reports. Taney’s Dec. Taney’s United States Circuit Court Decisions. U. S.United States Supreme Court Reports. U. S. Const.Constitution of the United States. Wall. Wallace’s United States Supreme Court Reports. Ware. Ware’s United States District Court Reports. Wash. C. C.Washington’s United States Circuit Court Reports. Whart. Int. L. Dig .Wharton’s International Law Digest. Wheat. Wheaton’s United States Supreme Court Reports. XIX 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 Avith 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 obserA^ed by one Avriter,^ or from the importance of their office and the soA^ereign authority by Avhich it Avas bestowed, as asserted by another,^ it is neA^er- theless true that AAiien it ceased to distinguish the executiA^e magistrate of Rome it came to be used by the commercial states of former times to designate the officers aaEo 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. Ibid. 17824 C R-1 1 2 INTRODUCTION. times, thoiigli the powers of the consular officer have been greatl}’ modified. During the ^Middle Ages consuls were quasi i^ublic 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.^ I3nt when i^nblic 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 the}- are subject to the laws of the countries in which the}^ reside equally with all other j^ersons. If excep¬ tional i:)rivileges are claimed, it must be b}" virtue of treat}’ stipulations, local customs, or local law. Any judicial ]3owers 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 r. Hale, 91 U. S. Rep., 18. REGULATIONS FOR THE CONSULAR SERVICE OF THE UNITED ST^VTES. Article I. THE CONSULAR SERVICE. 1. Classification. —The consular service of the United States • V 1 consists of consiils-general, vice-consnls-general, deputy con- suls-general^ consuls, Adce-(^nsnls, deputy c(j^nsiils, com¬ mercial agents, vice-commercial agents, consular agents, consular clerks, interpreters, marshals, and clerks at consu¬ lates. 2. Consular officers. —The term “consular officer” includes consnls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial agents, and consular agents, and none others.— R. S., sec. 167Jf. 3. Principal consular officers. —Consnls-general, consuls, and commercial agents are full, i:)rinciiial, and permanent con¬ sular officers, as distinguished from subordinates and substi¬ tutes.— R. aS. , sec. 167If-. Vice-consuls or vice-commercial agents, Avhen in charge, are acting consuls or commercial agents for the time being, and are principal consular officers.— 33 Fed. Rep. 167. 8 4 CONSULAR REGULATIONS. ■ ‘4 Ocher definitions.—The term "‘consul,” whenev<^r the sense ,SO .requires, denotes any xirincipal consular officer, or, if nec- essHry, any consular officer. (Paragraph 14.) “ Vice-consu¬ lar, officers;^” -or “substitute consular officers,” includes vice- consul fi•^general, vice-consuls, and vice-commercial agents. '“Subordinate consular officers”includesdeput}' consuls-gen- eral, deputy consuls, and consular agents.— R. S.y sec. 167Jf.. 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, Xuevo Laredo, Ottawa, Panama, Paris, Port au Prince, Rio de Janeiro, Rome, St. Gall, St. Petersburg, Santo Domingo, Seoul, Shanghai, Singapore, Tan¬ gier, Teheran, and Vienna.— R. S., sec. 1690^ 29 Stat. L.f 32. 6. Consular jurisdiction.—All consuls-general are charged with the ordinary duties of a consul Avithin 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 l)y correspondence. They will see that the provi¬ sions of law and of these regulations are complied Avith, and that the iireparation of the consular correspondence and inclosures is in accordance AAuth the regulations relating thereto. This supeiwisory jurisdiction, hoAVCA^er, 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 AAith any supervisory CONSULAR REGULATIONS. 5 powers and have no eonsnlates or eoinniereial ai»’eneies sub¬ ordinate to them. 9. Jurisdictional limits. —'J'he supervisory jurisdiction of other consuls-g'eneral 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 supervisoiy jurisdiction over the consulates and commercial agencies 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, Ftirth, Kehl, Mannheim, Maj^ence, Munich, Xurem- berg, Sonneberg, Stuttgart, and AVeimar. 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 Xova Scotia, Xew Brunswick, and Prince Edward Island. The consulates in British Colum¬ bia, Manitoba, and Xewfoundland 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 Xew Zealand. 12. Nuevo Laredo and Panama. —The consul-general at Xuevo Laredo has supervisory jurisdiction over the consulates at C'hihuahua, Durango, Matamoras, Xogales, Paso del Xorte, Saltillo, Tampico, and Piedras Xegras. 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 REGULATIONS. to the eonsuis-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 xiermission of the Depart¬ ment previously obtained. A like iierniission may also be granted to other consnls-geneml if circninstances 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, 0 to embrace all consular officers .—15 C. CJs. i?., 7^. 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.— B. S,, sec. 167If. As respects their Xiowers 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 enjo}^ all the xiowers, immunities, and x)rivileges that under x)ublic law or otherwise are accorded to the consular office. The title of the office as rex)resenting a distinct grade in the consular service is xieculiar to the serv¬ ice of the United States, and usage has established the ax)- X)ointnient directly by the President. It is usual to ask for¬ mal recognition and an exe(iuatur for a commercial agent from the government to which he is accredited, as in the case of other x)rincix)al officers. CONSULAR EEOULATIONS. 7 16. In international law. —Commercial agents in the con¬ sular service of tlie United States are to be distinguished from certain officers described in international law by the same title, who are not usually regarded by other powers as entitled to the full rank and i^rivileges 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 consulai| 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 jirincipal 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 laAv- fully in charge of the office.— R. S., sec. 1674-; 63 Feci. Rep., 167. 8 CONSULAR REGULATIONS. DEPUTY CONSULAR OFFICERS. 18. Deputy consuls are consular officers subordinate to their I principals, exercising the powers and performing the duties I 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 case, to assume the responsible charge of the office, that being the duty of the vice-consul.— R. S., sec. 167Jf. 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 Auce-consiils-general and deputy consuls-general. Their ])owers and duties are the same as specified for vice and deputy consuls in the two preceding paragraiihs.— R. S., secs. 1671/., J/130. CONSULAR AGENTS. 20. Subordinate officers.—Consular agents are consular officers subordinate to their principals, exercising the iiowers and performing the duties within the limits of their consulai- iigencies, but at ports or places different from those at which ytheir principals are located.— R. S., sec. 1671/. Their func¬ tions are not, in all respects, as extensive as those of the l)rincipal officer. Though they act at places different from the seat of the jirincipal office and their duties are iu sub¬ stance tlie same toward persons desiring consular services, they act only as the representative of tlie principal, \nd are subject and subordinate to him. They are not authorized to (*ori*es])ond witli tlie Deiiartment of State, unless through CONSULAR REGULATIONS. 9 the principal or under exceptional circumstances; they make no returns or reports directly to the Department, and the}’ 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 Avith 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 proAUsions of laAv 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-i point consular clerks, not exceeding thirteen in number at/ any one time, AAdio shall be citizens of the United States and over 18 years of age at the time of their appointment. They\ can not be remoA’ed from office except for cause, stated in Avriting, AA’hich shall be submitted to Congress at the session 10 CONSULAR REGULATIONS. first following such removal. They may he 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 officer at the post. Tliey 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.— R. S., secs. 170Jf^ 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 office.— R. S., sec. 1705. If the appli¬ cant is in a foreign country, the Secretary of State may permit liiin to be examined by a series of written questions by the minister of the United States in that country and two otlier competent persons to be named by him. The result of tlie 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. Tlie sums appropriated for tins service are expended under the direction of the Secretary of State. For obvious reasons tlie selection of persons for these appointments is usually made from residents of the particular country whose acquaint¬ ance witli the language and customs may have qualified them for the office. Tlieir nomination is generally intrusted to the consul,— R. S., .sec. 1602; 18 Staf. L., 66; 29 Sfat. L., 27. MARSHALS. 26. Tlie President is authorized by law to appoint marshals for certain consular (‘oiirts. lie sometimes intrusts their CONSULAR REGULATIONS. 11 nomination to the consuls; hut, as in the case of other sulmr- dinate officers, the riglit is reserved to make such apj^oiiit- ments without previous nomination.— K. S., ser. CLERKS AT CONSULATES. 27. Appropriation for clerk hire. —A specific appropriation usually made by Congress annually for clerk hii*e at certain the larger consulates. A general allovTiuce is also made f clerk hire, to be expended under the direction of the Secre¬ tary of State, at consulates not specifically provided for; but no greater i)ortion of this allowance than 1500 will be allowed to any one consulate in any one fiscal yeai*, noi- will any allowance ever be made except for money actujilly 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 i*eported to the Department of State, together with the proposed amount of compensation; and no clerk will be employed without special instruction fi*om the Department authoriz¬ ing it. 28. Citizens preferred. —American citizens should l)e em¬ ployed as clerks in the several consulates whenever it is liracticable to do so. The presence of clerks of foreign nationality has, in some instances, led to much inconven¬ ience and abuse. Apart from the propriet}^ of employing those who owe allegiance to this Cfovernment, 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 jieople— would make equally efficient and more trustworthy assist¬ ants. Preference should be given to them in evei*y case where such persons can be found. The Department of State reserves the right to fill such clerkships liy appointments 12 CONSULAR REGULATIONS. directly from tliis country, or from citizens of the United States abroad wlienever 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 excei)tional 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 an}^ consulate or com- mercial agency.— R. S., sec. The consular commission usually describes these limits as including all places nearer to the official 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 alisence of instructions specifically defining the consular district. In no case, how¬ ever, is a consular officer 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- gi’aphical situation. The limits of a consular agency are alwavs Avithin the district of the consulate to wdiich it is t, attached, unless the Department shall determine otherAvise. Aktk’le II. APPOINTMENT AND QUALIFICATION. PRINCIPAL CONSULAR OFFICERS. / 31. (yonsuls-general and consuls are appointed by the Presi- /denl, by and Avitli the advice and consent of the Senate. — Co)i' / sfifufioji, Art. Ji, sec. 2. ComnuM'cial agents are appointed CONSULAR KEGrLATIONS. 13 directly by the President. All principal consular officers qualif}^ by taking the i^rescribed oath (a coi:)y of which is fur¬ nished b}^ the Department of State for the i)urpose), and l)y executing a bond to the United States in the form 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 11,000, or the compensation of which, if derived from official fees, exclusive of notarial and other unofficial receipts, does not exceed 12,500, nor fall below 11,000, shall be tilled (a) l)y a transfer or promotion from some other i)Osition under the Department of State of a character tending to (pialify the * incumbent for the' position to be tilled; or {h) l)y appoint-, ment of a i^erson not under the Department of State but I having previously served thereunder to its satisfaction in a capacity tending to qualify him for the position to be tilled; or (c) by the api:)ointment of a person who, having furnished the customary evidence of character, responsibility, and capacity, and being thereupon selected l)y the President for examination, is found upon such examination to be qualified for the position. For the j)urposes of this paragraph notarial and unofficial fees shall not be regarded; but the compensation of a consu¬ late or commercial agency sliall i)e ascertained, if tlie 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 Secretaiy 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 CONSULAR REGULATIONS. when a suitable appointment can not be made in any of the modes indicated in this jiaragraph. 33. Oath. —Every consular officer, consular clerk, regularl}’ 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 i)rescribed by section 1757 of the Revised Statutes (Form No. 1).— R. S., secs. 1756, 1757; 23 St at. L.,21. 34. To hold hut one office. —No consul-general or consul, ap¬ pointed to one consulate, shall be i^erniitted to hold the office of consul-general or consul at any other consulate, or exercise the duties thereof.— R. 8., sec. 1691. 35. Bond. —Everv 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 tlie statutes. Salaried officers included Avithin the i)rohi- bition of paragraph 37 shall execute a bond according to Form No. 2; those not so included, according to Form No. 3.— R. S., sec. 1697: 19 How., 73; 11^. Op. Att. Gen., 7. 36. Sureties. —The sureties on bonds of salaried officers shall be permanent residents of the United States, or a regularlj- authorized surety company incorporated under the laws of the United States or of one of the States, and must be ap¬ proved l)y the Secretary of State. The sureties on bonds of unsalaried officers shall be such as the Secretarv of State shall approve. iVlarried Avomen AA'ill not be accepted as sui'eties. For instructions to be obserA^ed in the execution of bonds, see Forms Nos. 2 and 3, and notes thereto.— 15 Op. Att. Gen., 1^2; 18 Stat. L., 67; 28 Stat. L., 279. 37. Prohibition against trading. —No consular officer AAdiose salary exceeds ^1,000 a year shall, AAdiile he holds his office. CONSULAR REGULATIONS. 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 in his official bond stipulate, as a condition thereof, not to violate this prohibition. The President niaj" extend this prohibition to any consular officer whose salary does not exceed 11,000 a year, and may require such officer to give a bond not to violate the same.— R. S., secs. 1699, 1700. The consuls at Fayal and Auckland are exempted from the fore- going prohibition .—18 Staf. L., 1^86. It is unadvisable that interpreters and marshals of consular courts and consular clerks receiving a salary should be alloAved the priAulege of trading, although exceptions may be made for good cause i shown to the Department of State. / 38. Custody of bonds. —The bonds of consular officers are, after their approval by the Secretary (T State, deposited with j the Secretary of the Treasury.— R. S., secs. 1697, 1698. Under the rule of the Treasury Department, bonds, Avhen so filed, can not be Avithdravvn from its custodj^; 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-1 uty consuls-general, vice-consuls, deputy consuls, vice-corn-1 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 REGULATIONS. all cases in which the interests of the service or other public reasons may be deemed to require it.— B. S., sec. 1695; 15 C. CIs. B., 6If. 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 s])eak and read the English language. In all cases where it is practicable to do so, substitute and subordinate offices sliould 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 whei*e tliey 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 thev must likewise satisfv 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 officer 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 officer of a foreign power. 43. Bond. —Every substitute and subordinate consular offi¬ cer, except consular agents, shall, before entering uj^on the duties of his office, give a bond Avith 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 No. 3.)— if. S ., secs. 1695, 1698; 26 Fed. Rep ., 607. 44. Removal of subordinates. —The removal of competent and faithful subordinates without cause is discountenanced by the Department of State. When, therefore, nominations are! made Avith a vieAV 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 a^jpoint- nient 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).— R. S., sec. IfllS. 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 R- 2 18 CONSULAR REGULATIONS. 46. Status of marshals and interpreters. —Disagreements and difficulties have sometimes arisen between the x^rincipal offi¬ cer at a consulate and the interpreter or marshal, in conse¬ quence of the latter holding himself, from the circumstance of having 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 staff 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, Avhenever requested, to assist in the general work of the consulate. Xeglect or refusal to comply Avith the just and reasonable directions of the consul should be reported to the Depart¬ ment of State. 47. Vacancies to be reported.—WheneA er a A^acancy occurs in a Auce-consular office, or in that of interpreter, marshal, or consular agent, either by resignation, death, remoAml of resi¬ dence, or otherAvise, information of the fact should be com¬ municated to the Department of State Avithout delay. Article III. ENTRY UPON DISCHARGE OF DUTIES. 48. Exequatur.—Ppon 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 luiA’e been filed and approA^ed. Thereupon the commis¬ sion is transmitted to the diplomatic representatiA^e accredited to the goA^ernment AAuthin ANdiose jurisdiction the office is situ¬ ated, Avith instructions to apply for an exequatur. The exe¬ quatur, AAiien obtained, is ti*ansmitted by the diplomatic rep- resentatiA^e to the consul, together Avith the commission, CONSULAR REGULATIONS. 19 through the consulate-general, if there he 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, iiroceed to his ])ost and enter upon the discharge of his duties on receiving ])ermission from the proper local authorities of tlie place to act in his official capacity until the exequatur arrives. On the receipt of such iiermission, 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 tlie office without waiting for the arrival of the exequatur. As soon as the exequatur is received, it should be made jiublic in the manner usual in tlie countiy. 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 dela}^ on arrival at his post, to the iiro^ier 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 dixiloniatic representative, for recognition and authority, the certificates of aiipointnient of all sub¬ ordinate officers, except those of consular clerks, inter- X)reters, and marshals. And in such cases, before entering 20 CONSULAR REGULATIONS. 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 comjiensation will not be adjusted at the Treasury Deiiartment, and tliej^ 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 deiiendencies 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 newl}^ appointed consular officer to act temporarily in his official capacity, jiending 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 i)rincipal consular officer to proceed to his post within thirty days from the date he takes tlie oath of office. If a longer time in the United States is desired, satisfactory reasons must be pre¬ sented to tlie Department of State for the rec^ue.st. CONSULAR REGULATIONS. 21 56. Notice of arrival at post.—After the arrival of a consul- i 2 :eneral, 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 Avhich the consular office 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 Avill apply to the person having charge of the consular seals and jjublic property of the office for their delivery to him; and having made an inventory jointh^ Avith his i^redecessor or the subordinate in charge, if either l^e i^resent, of the books and other effects, he aatII transmit a copA^ of such iiiA^entory 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 Avill 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, shoAving the date of actual entry on his duties. (Form No. 5, omitting the iiiA^en- tory.) He may then take charge of the seals, archiA^es, and liropertA^ of the office. 59. Inventory, how made.—In preparing the iiiA^entory of the public i)roperty, consular officers are instructed to fol- loAv, as closely as i^ossible, the order of former iiiA^entories, so that a comparison can readily be made at the Department of State. A copy of each inA^entory should be carefully preserved among the consular records. (Paragraphs 431-433.) 60. Inventory of consular agency.—Upon the appointment of a consular agent, an iiiA entory of all iiroperty at the agency belonging to the United States should be made by the incoming and outgoing officers, AAuth a certificate shoAAing the 22 CONSULAR REGULATIONS. 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 open 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 G4-67.) 62. Residence.—Consular officers are expected to live in the towns in which their offices are located bv their commis- t, 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 l)e ready and willing to i^erform the duties of their office at anytime; and although it is proper and right to have fixed office hours, in order that the public ma}^ know at what hours thev mav be sure to find the consular officer at the con- C t- sulate, such fixed hours must not be considered as the limit of the time witliin which consular officers may be called upon to xierform their official duties. (Paragraph Gl.) 64. Office rooms.—The selection of office rooms and the amount to be paid for office rent are intrusted to tlie consu¬ lar officer. The actual expense of rent, within the statutory limit of 20 per cent of the salary, is allowed to him for tliat purpose; but all arrangements and obligations respecting the leasing of x^remises and the amount and terms of X)a 3 mient are madebvthe consular officer, and the Government assumes no resx)onsibility tlierefor. AVlieii suitable offices have been obtained, they should not be changed, excex)t for good cau.se, to be re])orted to the Department of State; and it is expected CONSULAR REGULATIONS. 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- denc}^ 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 Avithout 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 Gl, 67.) 65. Report regarding office. —Consular officers are required, at the earliest oiiiiortunity, to prepare and forward to the Deiiartment 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 i)remises, stating whether they are in a residential or business quarter of the town. State Avhether the offices are separate and self- contained, or whether office or desk room only is occupied in the officer’s residence or in iiremises used for other business liurposes. State the actual rental and to Avhom 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 deA^oted to the public business. A diagram Avill probably be the most coiiA^enient mode of shoAving these particulars, and its utility Avill be enhanced if it sIioavs the means of access from the street and the AvindoAv lighting, Avliether on the street or on internal courts or Avells. 3. State the manner in Avhich the offices are protected AAdien not open for business, Avhether by a janitor or porter in charge of the building or l)y the residence on tlie premises (^f 24 CONSUL4R REGULATIONS. 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, iiaragraph 431.) It is expected that any change in the official quarters will be likewise reported in detail. 66. Report 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) Tlie amount per annum to be expended for office rent. (2) Tlie number, dimensions, and location of the rooms to be paid for out of the rent allowance, with diagram. (3) Wliether 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) Wliether consul’s residence is in the same building or is owned 1)y the same landlord as the consular office; and, if so, wliat his contract for the rent of his residence is. Give number of rooms, dimensions, and location, as in case of the office rooms. (o) 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 officei-s, especially in important commercial and manufactur¬ ing districts, are not permitted to have their offices in the counting rooms or jdaces of business of merchants, manu¬ facturers, agents, solicitors, or brokers. The appropriate business of the consular officer must not fail to receive his CONSULAR REGULATIONS. 25 personal attention nor be left t(j be performed by snch iner- eliants 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 properl}^ belong. Snch practices are highly reprehensible, and are ground for serious comi^laint. The consular office, whether the consular officer 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 seals. 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 officer, however, is responsible 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 i^roceeds 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 Dejiartment and to the consul-general to whom he may be subordinate. 26 CONSULAR REGULATIONS. or, if there he no consul-general, then to the diplomatic rep¬ resentative, if there he one. He will also inform the princi¬ pal consular officers of the United States in the country, and Avill 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 he. Pie will also, before the expiration of ninety days after entering on his duties, nominate to the Department of State, through his immediate sux)erior, 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 from dutj^ from any cause. As subordinate officers are not to be removed without cause (paragraph 44), the foregoing direction ai3i3lies only to cases in Avhich the consul determines after examination that a change is reciuired 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 bj" 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 ma}’ be recpiired for his protection or as the emblem of his authorit 3 x It is not usuall}^ neces- sarv that it should be unfurled dailv. The occasions for its •/ t. display are within the judgment of the consular officer; but its use will be suggested on all national holida^^s of his own countrv and whenever it would indicate a becoming respect to the customs, festivals, or x^ulilic ceremonies of the countiy to which he is accredited. (Paragrajih 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 establisliment of more or less permanent legations, consuls appear to have enjoyed the right of exterritoriality and the iirivileges 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. Cpon 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 tlie process of time been restricted to such as are necessarily inci¬ dent to the consular office, or have been provided for l)y treaty, or are supported I)y long-CvStablished custom or the particular laws of the place. A consular officer in civilized countries now has, under public law, no acknowledged rei:)re- 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, Ayhich, 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 REGULATIONS. wliicli receives tliem. The extent of their authority is derived from their commissions and their exequaturs. It is believed tliat 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 office. Generally, a consul may claim for himself and his office 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 thev 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 official x>i'operty of his office, and their exemption from seizure or examination. He is jirotected from the billeting of soldiers in the consular residence, and he may claim exemiition from service on juries and in the militia and from other |nil)lic duties. It is probable, however, that all these l)rivileges 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 countrvmen is voluntarv 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 inq^osts and duties on his projierty in the countiy 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 l)usiness 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 REGULATIONS. 29 lie 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 office. 74. Merchant consuls. —The privileges of a consul who en¬ gages in business in the country of his official residence are, under international law, more restricted, especiall}" 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 exterritorialit}^ have been largely jireserved, and have generally been confirmed by treaties to consular officers. To a great degree they enjo}" 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 iiersonal impositions that arise from the character or qualit}' 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 CONSULAK REGULATIONS. the military and naval officers of their own country. This precedence, as to officers of the same grade in the consular bod}' of the place, depends upon the date of the respective exequaturs .—1 Halleck, cli. ii, sec. 7. (Paragraphs 440-442.) Article V. PRIVILEGES AND POWERS UNDER TREATIES AND CON¬ VENTIONS. 77. The fundamental 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 siiecifically 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 bv treaties. The several consular trea- ties and conventions with other powers may be found in Apiiendix III, and in each case the consul must look there for more detailed information. The Department of State must necessarilv trust to the discretion of the consul, on the one hand, not to permit his rights to be invaded without iiro- test, and, on the other hand, not to claim what lie 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 REOULATIOXS. 31 Eg 3 ^pt, France, Germany, Hawaiian Islands, Haiti, Hon¬ duras, Italy, Kongo Free State, Korea, Japan,^ Madagascar, Morocco, Netherlands (and colonies), Nicaragua, Orange Free State, Paraguay, Persia, Pern, Portugal, Prussia, Roumania, Russia, Salvador, Servia, Spain, Switzerland, and Trii)oli. 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 bv treaties with Austria-Hungarv, 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 as^dum. It is agreed with Colombia that the iiersons 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 tlie 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- liility 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 proxierty there, or engaged in commerce, lie can claim only the immunities granted to other citizens of the country who own jiroperty or to merchants. In Austria- Ilungar}^ and Roumania, if engaged in business, he can be detained only for commercial debts. In Colombia the consuls of the Hnited 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. 82. Tliis is secured absolutelj^ by convention with France, and, except for defense of persons charged with crime, by conventions Avith Austria-Hungary, Belgium, Italj", Nether¬ lands, Roumania, Salvador, and Servia. In such case the testimony may be taken in Avriting at the consul’s dAvelling. If the consul claims this priAulege, he should, in such case, offer to giA^e his eAudence in the mode iirescribed by the par¬ ticular coiiA^ention, and should throAv no impediment in the Avay 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 AAdiich the consulate is situated, and does not oAvn real estate therein, and is not engaged in business therein, he is secured against the liability to taxation by treaties or conventions Avith Aus¬ tria-Hungary, Belgium, BoliAua, Colombia, Denmark, Domin¬ ican Republic, Ecuador, Egypt, France, Germany, Haiti, IlaAvaiian Islands, Italy, Kongo Free State, Netherlands (and CONSULAR REGULATIONS. 33 colonies), Orange Free State, Persia, Pern, Portugal, Roii- niania, 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 i3rop- erty in the country of his official residence, he can not claim exemptions in respect of such business or iiroperty 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, France, 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 tlie 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-Hungaiy, 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 they, respectively, exercise their functions. USE OF THE NATIONAL ARMS AND FLAGS ON OFFICES AND DWELLINGS. 86. The right to place the national arms and the name of the consulate on the offices is given by treaties with Austria- Hungary, Italj^, and Netherlands (and colonies); on their 17824 c R- 3 34 CONSULAR REGULATIONS. offices and dwellings by treaty with Belgium and Germany; the right to x)lace the national flag on their dwellings, except where there is a legation, by treaties with Austria-IIungaiy, Belgium, Germany, Roiiniania, and Servia; the right to place the arms, name, and flag on their offices or dwellings l)y 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, OFFICERS, AND CREWS. 88 . Exclusive jurisdiction over such disputes in the vessels of tlie 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. Tlie right to reclaim deserters from the vessels of the United States is conferred l)y treaties or conventions with Austria-Hungary, Bolivia, Belgium, Colombia, Denmark, Do¬ minican Republic, Ecuador, France, Great Bi’itain, Greece, Germany, Hanseatic Republics, Haiti, Hawaiian Islands, Italy, Kongo Free State, .Tapan, Madagascar, Netherlands (and colonies), Peru, Portugal, Roumania, Russia, Salvador, CONSULA.R REGULATIONS. 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, France, Germany, (xreece, Guatemala, Haiti, Hawaiian Islands, Honduras, Italy, Japan, Korea, Liberia, Madagascar, Maskat, Morocco, Nether¬ lands (including colonies), Ottoman Porte, Paraguay, Rou- niania, 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 recpiired 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 teni- jjorary 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 lias 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 Free State, Ottoman Emxiire, Russia, Salvador, Siam, Spain, Sweden, and Swiss CWfederation. The treaties with Austria-Hungary, Baden, Bavaria, Han¬ over, and Prussia jirovide that requisitions for the surrender may be made through “ the ministers, officers, or authorities” of tlie 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 iniriiose 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.— Op. Att. Gen.., 2Jf.O. (Par¬ agraphs 423-425.) JUDICIAL POWERS. 93. By treaties with those countries, consuls have judicial Xiower in civil or criminal cases, or both, in Borneo, China, Japan,^ Korea, Madagascar, Maskat, Morocco, Persia, Samoan 1 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 Jai)an will cease July 17, 1899. CONSULAR REGULATIONS. 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 representative 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 Xuevo 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 their 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 REGULATIONS. 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 consnl-i^eneral at Melbourne. In Cuba the correspondence with the Spanish officials 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 officers by consuls and commercial agents in the Australasian colonies, Austria-llnngary, 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), Roumania, Russia, Spain, and Turkey must be transmitted through the proper consul-general and receive his written approval. 98. Direct to Department.—Principal consular officers not included within the provisions of the preceding paragraph nor within the provisions of iiaragraj)!! 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 tlie ap])ointment of subordinate officei’S, whether submitted to a diplomatic representative or a con¬ sul-general, or sent directly to the Department of State, should l)e addressed to the Assistant Secretary of State, in accordance with ])aragraph 120. Both delay and inconven¬ ience are caused l)v addressing them to the superior officer in the ('ountry of official residence. CONSULAR REGULATIONS. 39 100. Temporary appointments.—For the authority of eonsuls- 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 tliere is a consul-general with supervisory powers the several consuls subordinate to them, resxiectively, will not correspond offi¬ cially with the diplomatic reiiresentatives 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.—Di|)lomatic 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 Dejiartment of State. 104. China.—Owing to the remoteness of Peking from the consular ports, every consul in China will send to the dijilo- matic representative on the first of every month a brief top¬ ical summary, giving a list of all official communications made 40 CONSULAR REGULATIONS. hy him 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. An}" 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. (Paragraiihs 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 the 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 officers 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 l)e made bj’ 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 should qualify for the office by filing a proper bond in the Department of State, in the manner prescribed for such officers. (Paragraphs 21,43.) Article VIII. RELATIONS TO NAVAL OFFICERS OF THE UNITED STATES. 109. Commanders 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 fiagship. 42 CONSULAR REGULATIONS. 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, lie 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 shi^^ of war visits a port, it is the duty of the commander thereof, not a commander of a squadron or in chief, to the first visit in person to a coiisul-general, and to offer him a i^as.sage to his ship. If the (*onsular officer be of lower grade than a consul-general, or if the commandei* be a commander of a squadron or in chief, it is the duty of the commander, 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- 1 ‘ons. 112. Social attention to naval officers.—Though consular offi¬ cers are expected to use their official position to advance the intei'ests of the Navv, it mav be remarked tliat their salaries are not established on a scale to require social attentions to tlie officers which call for the exiienditiire of money, unless they see tit to give them. The fact that such attentions have been given, or are supposed to be recpiired, will not jus¬ tify a consul in asking increased compensation. CONSULAR REGULATIONS. 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 officers have fixed duties pre¬ scribed for them; consuls will therefore be careful to ask for tlie 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.—All 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 wdl 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. Reports.—Reports intended for publication should be written on one side of the sheet onlv, 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 bj’ 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 CONSULAR 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 officer and of the Assistant Secretary of State; the seventli 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 7.) 121. Inclosures.—In transmitting inclosures in dispatches, the contents of the inclosures are to be briefly 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 CONSULAR REGULATIONS. them. In the case of vouchers for expenditures, the trans¬ lation must he attached to each voucher. Translations are not required of books, pamphlets, or entire newspapers sent as inclosures. 124. Indorsement of inclosnres.—Whenever it is mentioned in a disi)atch that a paper is inclosed, an oblique line is to be made in the margin thus (/), and above such line is to be placed tlie 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 jiaragraph 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 i*ead. 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 the}" will suffice to contain the text of the note to be copied. In making copies of corre¬ spondence tlie blank si)ace 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, l)oth 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 he put uiion 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 recajiitula- tion is given in paragraph 587, should be transmitted in a single dispatcli, 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 Avith the local authorities and individuals of the place where he resides, and officers or others employed in our commercial marine) with the Secretary and Assistant Secretaries of State, the Secretary of the Treasury, the Coniiitroller, the Auditor for the State and other Departments, the Register of the Ti-easury, collectors of customs as to invoices and indces cur¬ rent, the diplomatic representative of the United States in the country where he resides, other consular officers, and Avith miA^al or military officers in the seiwice of the United States who may be employed in the neighborhood, and to Avhom it may be necessary to communicate immediately any eA^ent of public interest, and with no other persons. (Paragraidi 591.) 133. On private business matters.—The prohibition of the foregoing paragraph does not apply to correspondence betAveen a consular officer and citizens of the United States touching the priA^ate 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.—AVith the excep¬ tion of the correspondence Avith the Treasury Department respecting accounts, and such other corresixmdence as special proAUsions of Uiaa' or these Regulations may require him to luiA^e Avith other Departments or officers, he aauII conduct no official cori’cspondence AAutli any other Department except CONSULAR REGULATIONS. 49 through 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. Native 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. — U. 8. Const. Amend. XIV.; R. 8., sec. 1992; 2If 8tcd. 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 50 CONSULAR REGULATIONS. not descend to children whose fathers never resided in the United States. That the citizenship of the father descends to the children horn to him when abroad is a generally acknowl¬ edged principle of international law.— B. S.,sec. 1993. 139. Naturalized citizens.—Xatiiralization 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 or nation residing in the Indian Territory. Section 14 of the act of M^y 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.— B. 8., sec. 2169; 22 Staf. L., 61, sec. IJfj 26 St at. L., 99, sec. Ji-S; 5 Sate., 155; 16 Xev., 50, 61; 81/. Cal., 163; 21 Bac. Bep., 993; 11/9 U.8., 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.—7f. 8., sec. 1991/; 7 Wall, 1/96; 25 8fai. L., 392. 142. Children of naturalized citizens.—The children of persons who have been diilv naturalized under anv law of the United States, being under tlie age of 21 years at the time of the naturalization of their parents, shall, if dwelling in the CONSULAR REOULATIONS. 51 United States, be considered as citizens thereof. — R. S.. sec. 2172; 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 such 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. S., secs. 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 IV). Generally, for the purposes of this article, consular officers 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. S., 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, I 860 , 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. S., sec. 1996; 115 U. S., 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 officers of the United States and under 52 CONSULAR REGULATIONS. sucli lilies as the President sliall designate and prescribe; and no other person shall grant, issue, or verify any such pass¬ port.— B. S., sec. Jf075. 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 x^ermitted to grant or issue any passport except in the absence therefrom of such representative.— R. S., sec. U075. 148. By consulates.—No consulate-general, consulate, or com¬ mercial agency will issue X)^^'SSX3orts, except those thereunto siiecifieally authorized by the Department of State. Consular agencies are never so authorized. 149. To citizens only.—No xiassport shall be granted or issued to or verified for any x^ersons other than citizens of the United States.— B. S., sec. Jf076. 150. When issuance discretional.—Ordinarily xiassports should be granted to native or naturalized citizens upon ax^xilication and the xirescribed xiroof of citizenship. If there is good reason to believe, however, in the case of a naturalized citizen, that his certificate of naturalization has been improxierly granted, as for example, that the bearer, not being a seaman or not having served in the army {B. S., secs. 2166, 217Jf), did not reside within the Ignited States for the continuous term of five years next xireceding his naturalization (B. S., sec. 2166), the granting of a xiassiiort should be withheld xiending the in¬ structions of the Dex^artment of State. The granting of a passx)ort should also be withheld xiending the instructions of the Deiiartment where the ax)X>licant, whether native or nat¬ uralized. has resided without the United States for a long Xieriod of time under such circumstances as to warrant the inference that he has iiractically abandoned his country. In all su(*h cases the facts sliould be fully reported to the Dexiart- ment for fui-ther instructions. CONSULAR REGULATIONS. 53 151. Application. —Native citizens apiDlying 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 dui)licate, and according to Form No. 176. Naturalized citizens must comply Avith the vsame 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 citizenshij) 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, Avhether documentary or l)y a Avitness or by the personal knoAAdedge of someone connected Avith the consulate, should be stated on the application. 152. Expiration of passport. —A passport expires tAAo years after the date of its issuance, and Avill not be reneAAed. A neAv passport may be issued upon a neAv application in ac¬ cordance with the provisions of the previous paragraph. 153. Old passport in lieu of naturalization certificate.—In the case of a naturalized citizen, an old passport issued at the consulate to Avhich the neAv application is made aa ill be ac¬ cepted in lieu of a naturalization certificate if the application upon AAdiich it aa’us 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 Avith 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 jiassport has expired, the latter, if issued by the Secretary of State, coupled AAuth proof that the person in AAdiose behalf it is presented is the 54 CONSULAR REGULATIONS. Ijerson 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 retained and sent to the Department of State with the application in making the report required in j^aragraph 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 Avill 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 l^assport must be issued for each i)erson of full age not the wife or servant of another with whom he or she is traveling. 158. To be signed by bolder.—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 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.— B. S., sec. llJ/j. 160. Visa.—A consular officer (including consular agents) CONSULAR REOULATIONS. 55 may visa or verify regularly issued passj)orts by indorsing on the passport the word “Good,” in the language of the country in which the visa is made, and affixing 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 i:)lace, 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.— B. S., sec. Jf.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 1500, or both, to grant, issue, or verify any passport or other instrument in 56 CONSULAR REGULATIONS. the nature of a passiiort to or for any citizen of the United States, or to or for anj^ iierson claiming’ to be or designated as such in such passport or verification.— R, S., sec. Jf078. Cer¬ tificates of citizenship, therefore, issued by an unautliorized person, should not l)e recognized nor visaed. 163. Return of passports.—At the close of each quarter con¬ sulates having autliority 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 Avith the report. Tlie repoi’t should be made according to Form No. 121, and sliould state, Avith respect to each passport, (1) date of issu¬ ance; (2) person to AAiiom issued, jfiacing the sui’iiame befoi’e the Christian name; (3) number of passport; (4) eAudence on AA^iich the xiassport AA^as issued; (5) fee receiA'ed. 164. Return of passports visaed.—At the close of each (piarter all consulates AAill make a rei)ort to the Department of State of all passports visaed or A^erified during the quarter. Tliis report should be made according to Form No. 122, and should state, AAuth resided to each passx)ort, (1) by AAdiom it Avas issued; (2) date of issuance; (3) number of X)assport; (4) jAerson to AA’hom issued, ifiacing the surname before the Christian name; (5) date of A'isa; (6) jArior Ausas thereon, dates thei’cof, and by Avlio'm made; (7) any further explanation required. 165. Certificates of deposit of passports.—Certificates in the nature of ])assi)orts and to be used as such are forbidden. In countries, hoAA'eA^er, AAdiere the local hiAA's or regulations ve- quire the dei)osit of a i)assx)ort during the temiAorary sojourn of a traA^eler a consular certificate setting forth the facts as aiApearing fi’om the ])ass])ort may be granted; but only to comxfiy AA'ilh tlie ]*e(iuirements of the local hiAv or regula¬ tion. Sucli certificates should be according to Form No. 170, unless the hiAA' of the country x)rescribes a dilferent form, in CONSULAR REOULATIONS. 57 whicli case the consul will transmit a copy of such form to the Department of State. 166. China. —In China applications for passports should he addressed to the legation in the form lierein required, l)nt 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 l)efore a consul, and no notary or other officer authorized to administer oaths is accessible to the aiDi^licant, 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 Dnited States and are about to make a journey into the interior of China, when sucli 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 l:>e 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 passi)ort in such case is refused upon the ground that tlie 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 lo and 58 CONSULAR REGULATIONS. shall receive the same i)rotection of person and property which is accorded to native-born citizens.— R. S. see. 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 oi* 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 an}- be i-equired. 171. Duties toward American citizens.—The powei-s 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 exi)ress authority of law, or by treaty stipulation with the state in which they reside; and no criminal jui’isdiction is i)ermitted to them in Christian states. CONSULAR REGULATIONS. 59 They are particularly cautioned not to enter into any con¬ tentions that can he 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 tlie}^ laay 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 countrv where thev 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 treat}^ or are conceded by usage. If representations are made to the local authorities and fail to secure the xjroper 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 princix3al consular officers should keep at their offices 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 all 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 certificate of naturaliza¬ tion was f^ranted. 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. Xo fee will be chai'ged 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 official duties under the direction of consular officers or employed in their domestic service. Where consular protection is regu¬ lated by treaty, it must conform strict!}^ to the provisions of the treaty. Xo instrument in the nature of a passport should be issued to aliens thus protected, but when necessary a certifi¬ cate may l)e given setting forth their relation and duties in' (‘onnection 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 i)receding, such protection may have been given, or l)y 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 i)laces where there are no diplomatic or consular represent¬ atives of that government. This Government has from time to time, upon the re(iuest 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 repi’esenting those powers at j)la(*es where the latter had no such officers. It CONSULAR REGULATIONS. 61 has understood this authority to he 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 officer 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 453.) Article XI. MERCHANT VESSELS. 175. Deposit of ship’s papers. —The Revised Statutes, under a penalty of 1500, require every master of a vessel belonging to citizens of the United States, Avho shall sail from anj^ 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., secs. Jf.309., JfSlO. 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 aj^plies 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. Att. Gen., 190. Sometimes there is a provision of treaty requiring the deposit of ship’s papers by all American vessels, whether G2 CONSULAR REGULATIONS. rej^istered or not. In such cases masters must comply with the ])rovisions of the treaty. 176. Registry 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 prinia facie sufficient to establish her nationality without direct proof of the citizenship of her owners .—15 U. S., 151. 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 i)articular business to be transacted there .—5 -4//. Cren., 390; 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 x)ort from another foreign i:)ort, in the course of the voyage, is an arrival within the meaning of the law. —9 Fed. Rep)., 159. 178. Refusal of master to deposit papers. —It is the duty of a consular officer, 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 ai)i)rising him of the ])enalty he will incur by refusal or neglect.— R. S., sec. 5310. If he fail tocomx)ly, a certificate of the fact, under the CONSULAR REGULATIONS. 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 officer 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 liis 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 REGULATIONS. law are complied with, the consular officer should retain the l)apers, although tlie clearance may he regular and in due form. He has no authorit}^ to withhold a ship’s papers to compel l)ayment of the demands of creditors against the vessel.— B. S., secs, 1718^ Jf309; 9 Op. Att. Gen.,, 387/.. (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 (drcumstances under which he retained them. 182. Consular fees.—Whenever any master or commander of a vessel of the United States has occasion for anv consular or other official service which au}^ consular officer of the United States shall be authorized by law or usage officially to per¬ form, and for whicli 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.— B. S., sec. 1718; 23 Sfat. L., 56, sec. 12. The masters of foreign-built vessels, wholly owned by citizens of the United States, shall paj" to such consular officer the fees lawfully chargeable for such service, who shall account for the said fees to the Treasury as official, exceiffing 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., 231/. 183. Written statement of services.—It is the duty of all mas¬ ters of vessels for Avhoni any official service shall be performed by an}’ consular officer, without the payment of a fee, to re¬ quire a written statement (Form No. 1G7) of such services from such consular officer, and, after certifjdng as to whether such statement is correct, to furnish it to the collector of the CONSULAR REGULATIONS. 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.— R. 8., sec. 4^13; 23 Stat. L., S3, 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. 8., sec. 4204; 23 8tat. 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 REGULATIONS. required to produce manifests in accordance with the pro¬ visions of law regulating the collection of duties on imports and tonnage. 186. Protests—Consular officers 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 an}^ 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.— R. S ., 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 alford 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 shijomasters are requested to call and report any information which will be of benefit to the mari¬ time community at lai-ge. They are also required to forward without delay to the Department of State any information they may obtain which 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 CONSULAR REGULATIONS. 67 in their business intercourse with masters and seamen which sufficiently exjolain 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 recpiired 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 officer 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.— R. S., sec. Jf517. 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 i3resence and 68 CONSULAR REGULATIONS. made as required T)y law.— R. S., sec. J^Sn. (Form No. 16; paragrai)h 196.) 190. Seamen must understand contract.—Consular officers will l)e particular to see that the engagements of seamen are signed in their presence hy the seamen, or in the presence of some duly authorized emploj^ee of the consulate, and that the terms and conditions of engagement are clearly under¬ stood hy them. This injunction should be carefull}* observed in view of tlie 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.— R. S., secs. 1736, lo 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. Jf517. Plveiy ma^ster 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 $100, for which penalty the vessel is liable.— R. S., sec. J/)18. The shipment of a seaman under such circumstances is void; such seaman may leave the service at anytime, 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. 4523. This statute is not applicable to contracts Avhereby 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 REGULATIONS. 69 to the number so lost, and report the 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. S., sec. Jf516. 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 j^ort of departure, or for a definite time, whatever the destina¬ tion; and the master of a vessel clearing from a i3ort 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 4570 of the Revised Statutes, to x^roduce such seamen before a boarding officer 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 laAv, to serve on a voyage to any x^ort, or for the round trip from and to the port of dex^arture, 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 .—23 Staf. L., 58., secs. 19 and 20. (Paragraph 205.) 194. Shipping articles.—The shipping articles are deemed to 70 CONSULAR REGULATIONS. oontaiii all the conditions of the contract with the crew as to service, pay, voyage, and all other things, and must he pro¬ duced hy the master to any consular officer whenever the lat¬ ter may think them necessary to the discharge of his duties toward any seaman who may require his assistance, or for anj^ other proper purpose connected with his duties to the vessel or crew. The shipi:)ing 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 satisfactoril}^ explained or unless they are immaterial.— R. S.^ sec. J^o75; OJcott, 232; 1 Blatcli. & H., 83; 2 Curtis, 317; 20 Fed. Rep. 65Jf. (Paragraidis 190, 241.) Shipping articles can not lawfully provide for forfeiture of wages in excess of that j)rovided by statute .—27 Fed. Rep. , 567. 195. Vessels purchased abroad.—In the case of American or foreign built vessels i)urchased abroad and wholly owned by American citizens, the crews are usually made uj:) of men who are not American citizens and who have not acquired the character of American seamen under the law as set forth in j)aragraph 109. 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 shipi)ed and discharged before the consular officer in the same manner as seamen on regularly documented vessels. 196. New shipping articles.—Considar 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 officer 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 shipi)ing 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 Avill, on the request of a master, recommend such as he believes to be efficient 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 shijjped 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. 217Jf. 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¬ fied, they will be authorized to treat them as foreigners in this respect. 200. Definition of terms.—For the purposes of these Regula¬ 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 Ignited States.” The principles which are maintained by this Government in regard to the protection, as distinguished from the relief, of CONSULAR REGULATEONS. 73 seamen are well settled. It is held tliat the circumstance that the vessel is American is evidence that the seamen on hoard are also American, and that in every regularly docu¬ mented merchant vessel the crew will find their protection in the fiag that covers them.— lJf.0 U. S., JtoS. 201. Prima facie evidence of citizenship.—The shipment of a seaman in a i^ortof 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. i?., JfSJf. 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, Avages, extra wages, relief, and transx)ortation. 203. Master is a seaman.—A master of an American A^essel is a mariner, or seaman, within the intent of the laAvs relating to discharge, Avages, extra AA^ages, relief, and transportation.— 11 Op. Ait. Gen.A^^J ^ Sitmn., 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, howe\xr, for incurring greater expense for his maintenance, clothing, or transimrtation than is alloAved for other seamen; and in no case may a consular officer adAmnce money to a master or other seaman to be reimbursed by the GoA^ernment. 204. Crew defined.—The following persons of a ship’s com¬ pany are to be deemed seamen, or mariners, in addition to the officers and the creAV immediately concerned in the naAdga- 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 Avhaling or other fishing A^essels, and the engineers, pilots, and firemen of steam A^essels.— Curtis on Seamen., 5. 74 CONSULAR REGULATIONS. 206. Bond for return of seamen.—It is required by law of the master of every vessel bound on a foreign vojmge, or engaged in the whale fisheiy, 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 IDroof shall be then also exhibited to the collector. He can not lawful!}’ 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.— R. S., sec. 7 Op. Att. Gen., 3^9; 1 Low., 107; Taney's Dec., 2L (Paragraifii 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 tlie general principles or usages of maritime law as recognized in the United States.— R. S., sec. 1^580; 23 Stat. L., oJf., sec. 2. 207. Cases in which seamen are discharged.—The usual cases in whicli American seamen are discharged in a foreign ])()i-t 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., CONSULAR REGULATIONS. 75 2. On the sale of an American vessel abroad.— R. S., sec. J^582. 3. When the seaman has completed liis shii)ping agree¬ ment.— R. S., sec. Jf580; 23 Stat. L., oJ/.^ 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. Jt.58S; 23 Stat. L., sec. 3. 5. When the desertion of a seaman has been caused hy unusual or cruel treatment.— R. S., sec. 4-^00; 25 Stat. L., 55, 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 a|i- proves such finding, and the crew, or any of tliem, request their discharge.— R. S., sec. 4^61; 23 Stat. L., 55, sec. 5- 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.— R. S., sec. 4^83. 8. By mutual consent of master and seaman. 9. When the seaman is arrested and awaits trial for an offense against local laws abroad, or is imxirisoned for such an offense, 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. Rep., 222. 11. When the vessel is wrecked or stranded, or condemned as unfit for service. 12. When the master is suxierseded by the majority owners 70 CONSULAR REGULATIONS. and a new master appointed, or where he is removed by the consular officer. Tliis clause does not refer to the crew, who are not entitled to be discharged when the master is thus superseded or removed.— R. S., sec. Ji250. (Paragrai)h 216.) 208 . Where defects are accidental.—Where, upon the report by inspectors, in i)ursuance 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 ordinar}^ 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 .—23 St at. L., sec. J/.. 209 . Certificate of discharge.—When a seaman is discharged in a foreign port, it is the duly 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 Xos. 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 .—36 Fed. Rep ., Ji.Jf2. 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 i^ost.— R. S., secs. 1^551^ J^516. 210 . Desertion from cruel treatment.—When a consular officer discharges a seaman in case of desertion caused by unusual or cruel treatment, he must enter upon the crew list and shii)ping 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 officially .—23 Stat. 5.^, sec. 6. (Paragraphs 300, 302.) 211 . Discharge for cruel treatment, though no desertion.—The like power and duty devolve upon consular officers when CONSULAR REGULATIONS. 77 seamen who have not deserted complain of unusual and cruel treatment, as well as in all cases of such treatment, by whomsoever the case is brought before tlie 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 Loii\, 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., llff; 3 Saw., 350. AVhen 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. Rep., 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. —1 Ware, 58; 22 Fed. Rep., 927; 63 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 disj^osition to instigate broils and quarrels to the destruction of the dis¬ cipline of the crew have been held to be sufficient ground for discharge.— 5 Ben., 315, 320; 36 Fed. Rep., 552. 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. Grounds 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 officer must be sat¬ isfied that the officer or seaman is either absolutely incompe¬ tent to iierform 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 (sucli as drunkeness, for instance) amounts to unfitness for duty, or, if an officer, 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.—Tlie statute provides that any jierson or body corporate having more than one-half ownership of any Ax^ssel shall have the same power to remove a master, who is also jiart 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 Avritten agreement sub¬ sisting, 1)}" Aurtue of Avhich the master Avould be entitled to possession, nor in any case AA'here a master has possession as part OAA'iier olitained before April 9, 1872.—i?. S., sec. Jt.250. 215. Consul to act with caution—Consular officers are occa¬ sionally called upon to assist in the remoA^al of a master under this statute. They aauII not hesitate to lend their seiwices under such circumstances, but it is desirable for their oaaui protection that they should satisfy themseh^es that the par¬ ties aiHAlying to them are duly authorized for the purpose. It is adAUsable, also, if there is time to do so, to refer the case to the Department of State for instructions. 216. Removal of master.—Cases haA'e occurred in AAiiich con¬ sular officers luiA^e, Avith the subsequent approAvul of the De¬ partment of State, remoA^ed masters of A'essels and appointed others in their places to complete the A*oyage. The exercise of this extreme poAA^er has been deemed to be justified by the gross incompetency of the master, endangering the liA^es of the passengers and creAv, his misconduct or collusion Avith CONSULAR REGULATIONS. 79 others to the serious injury of the owners or insurers, or when lie has been guilty of flagrant 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 jiroceedings will suggest to tlie consular officer that thej^ should be taken only after careful deliberation and for good and sufficient cause, and that they should be i)romptly 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 wliole 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.—if. S., sec. 5S6S. Article XIY. 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 x)ur- jiose, and the l)alance only jiaid over to such seaman; and if such arrears and extra wages are not sufficient to defray sucli ex^iense, the deficiency shall be paid from the fund in t he Treasury for the maintenance and transportation of des- titute American seamen.— R. S., sec. 1^581; 2S Stat. L., o5^ sec. 7; 25 Sfat. Jb., SO, 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 xilace, as wages, extra or otherwise, due American seamen, are to be paid in gold or its equiva¬ lent, without anv deduction whatever, anv contract to the contrary notwithstanding.— R. 8., sec. 5558. 220. Seamen forwarded from one consulate to another.—When seamen are forwarded from one consulate to another, as pro¬ vided for in x^^^^i’agraphs 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 uxion a consulate from another xioid, or b}^ shipwreck, or in any man¬ ner otherwise than by discharge from a vessel at the x^ort, the consular officer will at once notify the .^Vuditor for the State and other Dexiartments of the fact, giving the name of the seaman, the date of arrival, the name of the x>hice whence he came, with the date and cause of his leaving such xdace, the name of the vessel by which he came, and of the Amer¬ ican vessel on whicli he was last engaged. If he has been CONSULAR REGULATIONS. 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 Xo. 12<1.) 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 Avages and extra A\mges.— R. S., sec. Jf600; 23 Siat L., 55, 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. Difficulty has arisen, in some instances, in determining the rate at which the extra Avages 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 AA^hich is usual and customary for masters of A^essels of the class at the American port at Avhich 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 AAmges that are due to a seaman up to the date of his discharge, and to reiiort the same quarterly, together Axith the extra AA^ages collected, to the Auditor for the State and other Depart¬ ments (Form No. 124). The arrears of AAmges and extra AAmges are first to be applied to the expenses of the seaman; and vouchers for Avages paid to a seaman, as j)rescribed in Form No. 164, must accompany the relief accounts. A seaman Av^ho has Avages in the hands of the consular officer can not be regarded as destitute until they liaA^e been exhausted in defraying his expenses. (Paragraphs 202, 203.) 225. Detention of ship’s papers.—Consular officers are author¬ ized and required to retain possession of a shii^’s papers that 17824 c R- 0 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 pai)ers in his hands, the consular officer will at once transmit the latter to the Department of State, accompanied by a full report of the facts and an account of the s(‘veral sums due, in order that measures mav be taken through the proper office of the Government for collecting the account on the arrival of the vessel in the United States, and for such other proceedings as the conduct of the master may be deemed to require.— B. S., sec. 1718. (Paragraph 180.) ARREARS OF WAGES. 226. Commencement of wages.—A seaman’s right to wages and Xirovisions shall be taken to commence either at the time at which he commences work or at the time si^ecified in the agreement for his commencement of work or presence on ])oard, whichever firsthappens.— R. S., sec. (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 ain^ wages if the vessel on which he has served liad earned freight shall, subject to all other rules of law and conditions apidicable to the case, be entitled to claim and recover the same of the master or owner in ])ersonam, not¬ withstanding that freight has not been earned. Put in all cases of wreck or loss of vessel, i)roof tliat any seaman or ai)prentice had not exerted himself to the utmost to save the vessel, cargo, and stores shall bar his claim.— R. , sec. 1^525. 228. Loss of vessel.—In cases where the service of anv seaman t terminates before the i)eriod contemplated in the agreement CONSULAR REGULATIONS. 83 by wreck or loss of the vessel, such seanuin 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.—if. S.,sec. Jf526; 30 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 sufficient 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 jiaragraph, 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. 1^.529. 230. Payment 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.— R. S., sec. Ji.530. (Paragraph 229.) 84 CONSULAR REGULATIO^'S. 231. Rules for computing wages.—41ie following rules .should be observed in computing Avages: I. — (1) The date written in the column of the shipping articles headed “Time at which he is to be on boardis 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. (8) If he failed through his own fault to join the ship at the time specified in 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 statement 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 2 to March 1, both inclusive, is a month. IV. —In computing the amount 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 inclusiA^e, 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 Avages are earned, he may, on pi*oof of all the facts, be entitled to recoA^er from the master one month’s consular regt lations. 85 wages as compensation in addition to any wages wliieh he may have earned.—i?. S., sec. 4-^27. 233. Suspension of wages.—Xo seaman or apprentice shall be entitled to wages for any x^eriod during which he unlawfull}^ refuses or neglects to work when required, after the time fixed by the agreement for him to begin Avork, nor, unless the court hearing the case otherwise directs, for any x^eriod during Avhich he is lawfully imx^risoned for any offense com¬ mitted by him; nor is a seaman entitled to wages for a reasonable period off duty, when xuit off duty for x^orsistent negligence, disobedience, or insolence.—if. S., sec. 4^28; 6 Sate., 328. 234. Disrating.—Where no x^i’O.l^^iice or manifest error is shown, the decision of a master disrating a seaman will be aceexffed in computing wages. — 44 Fed. Rep., 631; 49 Fed. Rep., 591. 235. Allotment of wages. —A seaman may agree in the sliix)- X^ing agreement for an allotment of all or any portion of the Avages AA'hich he may earn, to his aa ife, mother, or other rela- tiA^e, or to an original creditor in liquidation of any just debt for board or clothing Avhich he may haA^e contracted x^rior to engagement, not exceeding $10 x^er month for each month of the time usually required for the A^oyage for AA'hich he shix)x:)ed, under such regulations as the SecretarA'of the TreasuiwmaA’ prescribe; but no allotment to am^ other x^erson or corx:)ora- tion shall be laAvful.— R. S., sec. 4^31; 24 Sfaf. L., 80, sec. 3. Allotment is not permitted in the coastAvise trade, in the trade betAveen the United States and the Dominion of Canada, XeAvfoundland, West Indies, or Mexico.— 28 Sfed. L., 667. 236. No advance wages.—Exeex^t in the case of AA'haling a'cs- sels, it is not laAvful to pay any seaman Avages before leaA'ing the x^ort at AA'hich such seaman may l)e engaged in adA'ance of the time AA'hen he has actually earned the same, or to x^uy 80 CONSULAK EEGULATIONS. such advance wages to any other person, or to pay to any- o]ie except an officer antliorized hy act of Congress to(‘ollect fees for sncli service, any remnneration for the shix)nieiit of a seaman. If any such advance wages or remuneration sluill liave l)een paid or contracted for, tlie consul, in making up the ac('onnt of wages due the seaman upon Ids discharge, will disregai'd such advance i)a 3 mient or agreement and award to the seaman the amount to whi('h he Avonld be entitled if no such payment or agreement had l)een 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.— R. 8'., secs.4''^32, J^hSS; 28 Riai. Jj.^ J/7, .see. 10; 2Jf. Id. 80^ sec. S', 27 Fed. Rep., 76Jf. 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 Avithin the proper construction, of the act referred to in the next preceding ])aragraph. The final clause of the act, AAiiich declares that this section shall ai)ply as Avell to foreign A'essels as to those of the Ignited States, and that in case of Aiolation a clearance shall be refused them, is a clear indication that Congress did notin this section refer to the shipment of seamen in foreign ports, but had in vieAv acts done in the United States alone. The proAusion of the statute as to payment of adA'ance Avages is not intended to apiily to seamen shipped in foreign jiorts. In th(‘ settlement of Avages due seamen in siudi cases, thei-(‘fore, con¬ sular officers Avill take into account Avhat has becui ])aid in ad- Auin(*e.— 22 Fed. Re])., 734. 238. To be cured at expense of ship.— I>y th(‘ gemn-al maritime^ hiAV, a seaman Avhen he receiA’esany injury while in the s(‘rv- ice of the shi]), or b(‘comes sick during the A'oyag(‘, and the si(‘kness is not caused by his oavu fault, is cmtitled to be (uired at the ex])ense of the ship. The right is his Avithout any (pi(‘s- t ion of ordinary negligenc(‘ by himself or associates, nor is the CONSULAR REGULATIONS. 87 right lost by his discharge 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 case where the removal was made for the conven¬ ience of the ship, and the ship is i:)rovided Avith a medicine chest, the medical expenses of the sick seaman are not charge¬ able to the ship .—17 Fed. Rep., 390; 25 Id., 503; 55 Id., 327. 239. Master to account for wages. —It is provided l)y law that every master shall, not less than forty-eight hours liefore 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- Annced wages received, when advanced Avages are permissible (paragraphs 236, 237), the master shall, Avithin 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 REGULATIONS, at the consulate) issued to, and of all other charges against, ea(*h seaman during the passage to the port. If this re(iuire- ment is not comidied witli, such account will not be allowed in settlement of the amount of wages due deserters from the vessel. And for the protection of tlie ship against unjust claims on account of wages, all ])ayments made to a seaman wliile in ])ort must be made at the consulate, or tlie seaman must, in iierson or in writing, siibsecpiently acknowledge the payments to the consular officer. Unless payments are so made or acknowledged, the consulai* 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 Avages, the burden of proof is on the master to show payment or deduction.— R. S., sec. J^oSO; U Fed. Rep., 302; 7 Saw., 58. 240. Payment of seamen on discharge.—When anj^ seaman is to be discharged and iiaid 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 shij)’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 wheii the seaman may be ])aid off and discharged. 241. Rate of wages fraudulently stated.—The ship])ing articles, unless clearly shown to be incorrect or invalid, will conti’ol as to the amount of wages. When, however, the amount is fi-audulenfly understated, they may be disregarded. Con¬ sular officers will be watchful to tlnvart such i)i*actices; and in ixny (‘ase where the return made bvthe master fraudu- t • lently disagi’ees with the (uistomary i*ate of comi)ensation in the marine service, they Avill exact the highest rate of wages CONSULAR REGULATIONS. 89 paid to any seaman shipped for the voyage, or tlie sum actu¬ ally agreed to be given him at his shipment, if it can Ik* ascertained, whatever may be the sum falsely stated in tin* articles.— 19 Fed. Rep. ^528; 20 Fed. Rep.^ 65Jf; 2Jf C. CIs. R., 160. (Paragraphs 190, 104.) 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 an}^ agreement inconsistent with any provision of law, and every stipulation b}’ which any seaman consents to abandon his right to his wages in the case of the loss of the ship or to abandon anj^ right which he may have or obtain in the nature of salvage, shall be wholly inoperative.— R. S., sec. 1^585; 55 Fed. Rep.^ 327. 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 case: 1. When inspectors appointed b}^ 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 ail}" important or essential particular by neglect or design, and the consular officer approves of such finding, and there¬ upon the seaman is discharged.— R. S., sec. 1^561; 28 Stai. L., 5If, sec. Jf-. (Paragraphs 207(6), 208, 315.) 2. Whenever a ve.ssel 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 shijjped, 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 the}’ properl}' can, strive to iiiduee seamen so clis- (‘har^ed to reship at once, and thus avoid the infliction of the one month’s i)enalty.— R. S., sec. 1^.582; 23 Stat. L., oJf.., sec. 5; 19 Fed. Rep. .,523. (Paraj>:raphs 251, 252.) 3. Whenever, on the discharg’e of a seaman in a foreign country, on Ids complaint that the voyage is continued con- trary to agreement, the consular officer shall be satisfied that such voyage has been designedly and unnecessarily pro¬ longed, in violation of the articles of shipment.— R. S., sec. F>83; 23 Sfaf. L., 5Jf, sec. 3. 4. Whenever a seaman is discharged by a consular officer in consecpience of any hurt or injury received in the service of the vessel. The word “hurt” is understood to refer to a l)hysical injiiiy causing pain (a wound, bruise, or the like); the word “injury” refers to any injury to health resulting fi-om the performance of duty l)y a seaman which is sufficient to warrant his dischaige.— R. S., sec. Jf583; 23 Stat. L., oJf, sec. 3. (Paragraph 254.) I'nless a seaman receives some physical injury, or unless he contracts some disease growing out of and necessarily incident to his service uppn the vessel, or which results from the unsanitary condition of the vessel, no extra wages should be collected in his l)ehalf. 5. In all cases where desei’ters are apprehended the (*onsu- lar officer shall imiuire into the facts, and if he is satisfied that the des(M*tion was caused by unusual or cruel tr(‘atment, he shall discfliarge the seaman and re(iuire the master of the vessel from whi(*h siudi seaman is discharged to pay one month’s wages ovei- and above the wages then due.— R. S., sec. J/jOO; 23 Stat. L., 53, .sec. 3. (Paragrai)hs 301, 302.) This is ('onstrued to apply eipially to th(‘ cas(‘ of seanum who are dis('hai‘ged for unusual or (M-ucI treatment without having deserted. (Paragraphs 210, 211.) CONSULAR REGULATIONS. 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 sold abroad. (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 wages 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, b}" his own act repeal the statute and defeat the public policy which induced its enactment. As paragraph 246 determines that 92 COIS^SULAR REGULATIONS. he call not expi'essly waive liis riglit to extra wages in the shipping eontraet, eonsiilar officers ai'e instructed to exact siu'li wages in all cases whei’e the law reqiiii-es them to be paid, without any remission or deduction for the indebted¬ ness of the seamen to the vessel, and es})ecially as section 7 of the act of June 20, 1884, makes consular officers account¬ able to the Ibiited States for their full amount if they neglect to require their payment. 248. Foreign seamen.—It is held that when a seaman, being a foreignei', who has not declared his intention of becoming a citizen and served three years on a merchant vessel, agree- al)ly 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 shipi)ed on an American vessel at a j)ort of the United States, is entitled to extra wages on his dis¬ charge at a foreign port in all cases wliere a seaman who is a citizen would be so entitled, and on such a discharge he mav be relieved and returned to the Ignited States. And the * ([uality of an American seaman is retained by him by suc- ('essive reshipments on .American vessels abroad during his continuance of a seafaring life. If he engages on board a foi’eign 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 ])ort of the United States. The rule is, that a foreigner discharged from an American vessel in a foreign i)ort, and subseipiently ship])ing on a foreign vessel, can not thereafter be deemed an American seaman for the purposes of extra wages and relief until he retui-ns to the United States and again shi])s on an American vessel. It is not mat(‘rial in such cases how many engagements he may s(M‘ve 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 wlio 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 liave 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 liave served con¬ tinuously in American vessels, consular officers, 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 2G().) 251. Vessel sold in the United States to he 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 dilferent owner, if such agreement is not complied with the consular officer at the iiort 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 shipwreck, capture, seizure, and forfeiture of the vessel witliout 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 b}’ a voluntary act of the master, and not a mere separation from the vessel InAhe 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 cases.—In cases of doubt, in which from anv 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 tit. 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 (piarterly relief i*eturn to that officer. 254. Discharge for hurt or injury.—The act of .Tune 20,1884, section 3 (])aragrai)h 243 (4) ), authorizes consular officers to discharge a seaman abroad in consequence of any hurt or injury i‘ec(Mved 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 .—23 Sfaf L. 5Jf.; 25 Fed. Rep.., 503. The legal rights existing between the vessel and the sea¬ man in cases falling within the meaning of the preceding paragra])h must be left to the courts. Hut any expenses for the seaman’s medical treatment and cure incurred prior to CONSULAR REGULATIONS. 95 the discharge shall he borne the vessel, and ninst not be deducted from the wages of the seaman. Such expenses in¬ curred after the discharge of the seaman shall be i^aid out of the arrears of wages and extra wages received by the consular (officer, and if they are not sufficient, the balance shall be j)aid from the appropriatioji for relief and ])rotection of American seamen. The Avord “injury,” as interpreted by the Department of State, includes any injuiy 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 voyage 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 l^oard; and if the ship touches or remains at a foreign port l)efore 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 officer may, if he considers it expedient so to do, require the said effects, money, and Avages 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 AAuth the crew the particulars of such de- liA^ery and payment. In case he does not require the deliA^ery and payment, it is his duty to obtain from the master a state¬ ment of the seaman’s account Avith the A^essel 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 REGULATIONS. money, and wages of a deceased seaman, the consular officer may re({iiire them to be delivered to him.—if. /S'., secs. Jtr>3u^ 256. Effects not on shipboard.—Whenever any such seaman or ai)i)reutice dies at any ])laceout 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 chai'ge of sucli money and effects, and shall, if he thinks tit, sell all or any of such effects, or any effects of any deceased seaman or api)rentice delivered to him under the provisions of law, and shall quarterly remit to the district judge for the disti‘i(ff embracing the port from which such vessel sailed, or the ])ort where the voyage terminates (Ap¬ pendix V.), all moneys belonging to or ai*ising from the sale of the effects or paid as the wages of any deceased seaman or appi*entice which have come to his hands (Form No. 80), aiid shall render such accounts thereof as the district judge reciuires.— R. aS., sec. 257. Account to district judge.—Consular officers are required, in rendering the accounts above provided for, to make a statement of details, such as is re(j[uired of the master of the vessel by sections 4538-4509 of tlie Revised Statutes, namely: (1) statement of the amount of money left by the deceased and any of his effects unsold; (2) a descri})tion 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 anv, to be made therefrom—no such deductions being allowed to the niast(‘r unless verified bv an entrv in the offi- cial log book, if there be any. They ai’e directed, also, to reciuire the master to give full particulars of the Avages account of the seaman, including the date of shi])ment, rate of wages, and time of discharge, and of any deductions therefrom, to be verified by the entry CONSULAR REGULATIONS. 97 in the 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. 258. Effects of foreign seaman.—When the deceased seaman was a foreigner, and was shipped in a foreign jiort, 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.,s€c. Jf577, 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 rehef.—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 CONSULAR REGULATIONS. mercliaiit iiuu’ine, althoiigli their last service i)iay not have been in an American vessel. 2. P^oreigners regnlarl}^ shipped in an American vessel in a port of the Ignited 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. Xo 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.— Bowler'*s 1st Comp. Dec., 309. 262. Conditions of relief.— Before granting relief, a consular officer should satisfy himself that the applicant is an Amer¬ ican seaman as already defined, and that lie is entitled to relief under the statutes, usages, and decisions hereinbefore referred to, and that he is destitute. A seaman can not be regai'ded as destitute when he has any arrears of Avages or extra Avages, or is earning his oaaui li\dng. The question of fact Avhether a seaman is or is not destitute is one to be determined by the consular officer to AAdiom the seaman applies for relief, and the consular officer’s decision Avill, in the absence of fraud, be conclusive. —3 Comp. Dec. Ifi. The amount to be paid for relief is, liOAA^eA'er, not limited to the arrears of Avages and the extra AA'ages; but relief may be con¬ tinued, if necessary, after both haA^e been exhausted. 263. Examination of seamen.— Seamen apphung for relief must be examined touching tlie manner of their being left destitute, and the name of the A^essel and her master on AAdiich they last shi])])ed, 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 tlie Department of State, with any other information that may enable it to cause the proper i^roceedings 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 he relieved. —AVhen 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 wlien 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 ])e 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.— 3 Sumn., 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 officer to 100 CONSULAR REGULATIONS. Hscertain clearly and satisfactorily, before granting it, that he is Justly entitled to it, and, if the 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 Oof the act of June i3G, 1884, and will be entitled to the arrears of wages and extra Avages. 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 Dei)art- 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.— 23 St((t. L., 65^ 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 paragraidi, Avithout reference to the fault or mis¬ fortune by AAdiich they became destitute, except that relief must not be so administered as to incite desertion. (Para¬ graph 305.) 268. Whaling vessel orders.—Orders giA^en by masters of AAdial- ing A^essels to American seamen shipped “ b}’ the lay,” and dis¬ charged before the end of the A^ojmge, for the said seamen’s shares of the catch up to the date of discharge, payable at the end of the A^oyage, are understood to be of little or no A^alue at the time and place of discharge, and are therefore umiA^ailable for exi)enditure in the seamen’s behalf in the manner cash Avages are directed by statute to be expended before relief is furnished at Oovernment expense. Dis¬ charged seamen avIio luiA^e no means of subsistence at hand CONSULAR REGULATIONS. 101 other than these orders are for that reason destitute, and fit subjects for relief by the Government, notwithstanding tlie orders and their contingent jirospective 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 wlio 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 paj"- ment of extra wages. It is not the duty of the consular officer in such a case to afford relief to him as a destitute seaman, and the ex^ienses 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 officers, 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 officer 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 ex])enses, or such written authorization as will secure to him the reimbursement of any 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 i)laces 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 emi:)loy- ment may be had or passages obtained. 272. Character of relief.—Tlie relief afforded will comprise lodging, subsistence, clothing, medical attendance, and medicines. The lodgings should be in a healthy locality, removed, if possible, from vscenes of temptation and vice. Tlie subsistence sliould be simple but sufficient. 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 thei’cfor must be communicated to the Department of State. .V form of order to send seamen to a hospital and a form of certificate when seamen leave a hosi)ital against the physician’s advice ai‘e given in Forms Xos. 22 and 23. 273. Report of clothing furnished.—The clothing should be of the cheai)est 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 poi’t at Avhi(*h thei’e is a consular officer, the (*onsular offi(*er .scMiding the seamen should transmit to his colleague tlunv, either by tli(‘ same vessel or by the (piic'kest route, a state¬ ment showing the names of the seamen and the (iuantity and CONSULAR REGULATIONS. 103 kind of clothing 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 officer, the list of names and clothing should he in like manner transmitted. 274. Vouchers for relief. —Proper vouchers for the hoard, snh- sistence, clothing, medical attendance and medicines, and any expenditure for the relief of destitute seamen must he taken in every case. (Forms Nos. 95, 90, 97, and 98.) The vouchers for hoard and medical attendance should show the name of the seaman, the time of suhsistence or treatment, giving the date of beginning and termination and the rate per day or week, and, Avhenever it is practicable, the name of the ship from which and the place where the seaman was discharged. Under the rules of the accounting officers of the Treasury Department the receipts for clothing, necessa¬ ries, and supplies, given by a seaman making his mark, or otherwise, should he witnessed. The witness should he 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 indirect^, any pecuniaiy interest in any liospital 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 cases are within the i)rohibition of the statute, and an officer so offending is liable to xirosecution under its provisions.— R. S., sec. 1719. (Paragraifii 514.) 104 CONSULAR REGULATIONS. Article XVT. TRANSPORTATION OF SEAMEN. 276. Consuls to provide transportation_It is made tlie duty of consuls to provide for the seamen of the United States wlio ma}" 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. S.^ sec. j^577. 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 i)ersons 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 custod}" of a keeper; nor a sick seaman who is likely to die on the vojmge; 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 .—3 Sumn., 1J3; 7 Op. Aft. 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 i)ort 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 officer 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 REGULATIONS. 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 recoveiy 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.— R. S., sec. J^578; 23 Stnf. L., 53, sec. 9; 2JfStai. 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, and the}" 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. 5577. 279. From ports where no consular officer. —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— R. S., sec. 5579; 28 Stat., 207. 106 CONSULAR REGULATIONS. 280. When transported seaman is a foreigner.—When the des¬ titute seaman sent to the United States is a foreigner, the consular officer will give such seaman a certificate that he is a returned seaman, to be exhibited l)y 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 ])rovision 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 the}" 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 l)laced a certificate in accordance with Form No. 24, setting forth their names and the amount to be ])aid for their pas¬ sage. This certificate is ])ayable at the Treasury of the United States, and not by the collectors of customs. The latter, however, are re([uired to indorse upon the certificate the fac't of the arrival of the seamen within tlieir several dis¬ tricts, upon wliicli the certificate should be sent to the Auditor foi* the State and other l)ei)artments, when the amount agreed upon for the passage of the seamen will be remitted to the CONSULAR REGULATIONS. 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 exi^lanation 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 conii3ensation 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 j)rescribed. They may also contract with masters of foreign vessels at reasonable rates when opportunities l)y 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 case 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 CONSULAR REGULATIONS. ])e provided with transportation at the earliest possible day, eitlier directly to a port of the United States or to an inter¬ mediate ])ort, where they may find employment in Amei'ican vessels or })assa^es 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 officers 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 su(*h 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. 2G, 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 xVmerican vessels can not be obtained, the consul may shij) them to an intermediate port where the}^ may be likely to find such employment or a passage to the United States. lie will in this case make a sjiecific agreement with the master of the vessel at the most reasonable rate for their passage, giving fo him a certificate (Form No. 1G3) reipiest- ing the consular officei* at the ])ort 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 mastei- to receipt thereon for the passage money paid to him. The certificate, so in¬ dorsed and re(*ei])ted, should be transmitted with the account CONSULAR REaULATIONS. 109 of tlie consul for relief of seamen, in which the amount so paid for the passages of the seamen should he 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 course which may seem best, having a due regard for the interests of the United States and a proijer concern for the seamen. In the event that the consul to whom sea¬ men are thus sent should not have sufficient funds to j^ay 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 REGULATIONS. 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 jiassages so paid in advance, it should be drawn uj)on the Secretaiy of the Treasuiy, and negotiated and re])orted as provided for in the i)receding paragraph. 288. Clothing to be reported to consul at destination_When destitute seamen are forwarded to intermediate ports, as pro¬ vided for in the i)receding paragraphs, and supplies of cloth¬ ing are furnished them by the consul by whom they are for- Avarded, a list of the clothing should be transmitted to the consul at the jmrt 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 jiort of the United States, a reasonable compensation for such serv¬ ice is allowed, usually not exceeding .50 cents per day for each seaman, upon i)resentation 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 Avere on board the rescuing Axssel, and of their arrival in the United States. 290. Transportation of shipwrecked seamen.—When American seamen, Avhether transimrted from a port or place Avhere there is no consular officer or picked up at sea, are landed at a consulate of the United States, the consular offi(*er is author¬ ized to pay the master of the A’'essel in Avhich they are trans¬ ported a reasonable compensation for the seiwice, not exceed¬ ing 50 cents per day for each seaman, and to include the same in his account for relief of seamen, foi‘Avai*ding a proper Aa)ucher therewith and furnishing sati.sfactory explanations as to the case. The names of the seamen and the names of the A'essels to Avhich they last belonged must be giAxui, and also the number of days occui)ied in their transportation. (Foi’m No. S4.) CONSULAR REUULATIONS. 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 i^aid directly by the consular officer. When, also, a seaman is sent to an inter¬ mediate port, if any x)art 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, l)y 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 officer, and drafts on the Secretary of the Treasury must be made by those officers 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.) Article XYII. 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 CONSUI.AK REGULATIONS. and detained or eonveved on board. It is also made the duty of consular officers to reclaim deserters and to emiilo}^ the local authorities for the purpose whenever that can be done.— if. aS., ser.s. 4^)00. (Paragraidi 299.) 294. Desertion defined. —Desertion is defined to be the quit- tin<^ of the sliij) and her service by one of the ship’s company without leave and against the obligation of the iiarty and Avith an intent not again to return to the ship’s duty. Neg¬ lect or refusal to rejoin the ship after an absence Avith leaA^e AA’hen ordered to return is desertion; but it is not desertion when a mariner, through excess of indulgence, overstays his time of leaA^e, and AAiien he has not refused or neglected to comply AAuth an order to return; nor AAiien the seaman leaves the ship on account of cruel or oppressi\^e treatment, or for AA’ant of sufficient jirovisions in port Avhen they can be pro¬ cured by the master, or Aviien the Amyage is altered in the articles AAithout consent.— 18 Fed. Rep., 605; 89 Id., 624, Where a seaman signs articles for a AT)yage, agreeing to go to the port AAiiere the A^essel is lying to join her, and fails to do so, he is a deserter. —53 Fed. Rep., 551. 295. Casual overstay not desertion.—A casual OA^erstay of leave is not desertion; nor is the going ashore AAithout leaA^e, but AAith the intent to return. The consular officer AAill be careful to inquire on these points, as sailors on .shore often OA^erstay their leaA^es of absence. He aaMU also take care to assure himself that a reported desertion has not been fraudulent!}^ faA'ored or permitted by the master fortlie pur¬ pose of a\T)iding the payment of extra AA ages upon a regular discharge of the seaman. —2 Ben., 189. 296. Forfeiture of clothes, wages, etc.—The clothes, effects, and AA^ages AAiiich are forfeited for desertion are to be apiilied in payment of the expenses o(*(‘asioned by the desertion to the master or oAAUier of the A^essel from AAiiich the de.sertion 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. JfSOJf. Under the provisions of this statute it has been decided that a consular officer has no authority to demand and receive from the master the money and effects belonging to a deserter from the vessel .—IJf Op. Aft. 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 CONSULAR REOULATIONS. closely exainiiie the account of the shi]) 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 i 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, an}" receipt or voucher from or arrangement with the seaman to the contrarv notwithstand- - ing.— B. S., secs. \ 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 re([uired 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, i and there is no authority for its infliction at the rec^uest of a j master after the discharge of a seaman from his contract : with the vessel. Apart from the sti])ulations of treaty, the ! local laws of a countiy often provide fortlie arrest of desert- ' ers in order to pi*event their becoming a i)ublic charge, and these laws niav be availed of bv consular officers. Authoi’itv , ft « I for the arrest and detention is also gi-anted in some countries i I as a matter of comity or has the sanction of long-established j usage. I)Ut in the absence of a treaty or convention, a con- \ sular offi(*er can not claim as a right from the local authori¬ ties the detention or return of adOvSerter .—1 Curiis, 69. (Par¬ agraphs :in^ him sliall enter upon the crew list and shipi)ing articles the cause of discharge and the partic¬ ulars in which the cruelty or unusual treatment consisted, and subscribe his name thereto officially.— R. S., sec. 4^00; 23 Sf((t. 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 pa^^able to the seaman, after deducting the expense of his relief and trans¬ portation.— R. S., sec. Jf581; 23 Stat. L., 55, .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 tlie bond given bv the master for the return of the seaman. 9, 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 conseciuently 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 tliese regulations, the regulation by whicli the master of a vessel is recpiired 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 REGULATIONS. 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 tlie fore¬ going instructions will be sufficient to meet such cases; but consular officers are cautioned so to use tlie funds appropri¬ ated for relief as not to encourage seamen to break tlieir ship¬ ping engagements from a confidence that in so doing tliey 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 autliorities 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 aiiplication 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 diiilomatic 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 llie law of civilized nations that when a merchant 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 b}" comity it came to be generally undei-stood among civilized nations that all matters of discipline and all things done on board which affected only the vessel or those belonging to her, and did not involve the peace or dignity of the country, or the tranquillit}^ of the port, should be left by the local government to be dealt with by the authorities of the nation to which the vessel belong(*d as the laws of that nation or the interests of its commerce should recpiire .—120 U. S., 1. 308. Treaties.—In manv instances bv treatv and consular convention the Fnited States have secured to their consular officers jurisdiction over (piestions of wages, shii)ment, and discharge of seamen, and over all tran.sactions 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 i)eace of the counti-y, or the rights of persons not belonging on l)oard, they are subjects of local juri.sdiction. A list of these treaties and conventions will be found in A})pendix III, and the countries with which sti[)ulations have been provided for CONSULAR REGULATIONS. 119 disputes between masters and crews are mentioned in i)ara- 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 law^s of the State to w^hich 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 wiiicli 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 ijisist upon tlie right to jurisdiction over foreign mer¬ chant vessels Avhen in iiorts of the United States, except in so far as affected hy ti-eaty, they usually decline to exercise it in cases of disputes between masters and seamen of foreign ves¬ sels wlnm file nation to which the vessel belongs has provided for tlie settlement of such disputes before its own consuls, on the ground that such noninterference is necessaiy 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 Avould 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 libert}’ to lay their com])laints 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 ])e 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- j)air on board without delay, and inquire into the causes of the complaint, and will j)roceed therein as the law directs.— if. aS'., sec. Jf067. 313. Right of complaint protected by courts.—The right of the seaman to lay his complaint before the consular officer in a foi*eign port is one of great importance to him, and is care¬ fully ])rotected by the courts. When a seaman tiles 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 api)ear CONSULAR REGULATIONS. 121 that the master denied, the seaman libert}' to lay his eom- jdaints before tlie 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.— i?. S., sec. Jf.567; 1 Sprague., 62; Id. IBS; 1 Curtis^ 69. 314. Consul to see that right is allowed_Tlie 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 tliere is reason to believe that a seaman is restrained in any way from appear¬ ing at the consulate, in order to iirevent 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 stex)S to secure his api^earance 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 resjiect to the unseaworthv 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 apiioint inspectors to examine into the causes of comi^laint, who have authority to inspect the vessel and to take the necessary proofs. The consular officer may approA^e the whole or any part of the inspectors’ report; and if it is found that the vessel was sent to sea unsuitably jirovided, by neglect or design, he may dis¬ charge the crew with the arrears of Avages and one month’s extra AA^ages. (Paragraphs 207, 243.) If, lioAveAW, the de¬ ficiencies Avere the result of mistake or accident, and are remedied AAuthin a reasonable time, the creAv must remain; if 122 CONSULAR REGULATIONS. not so remedied, the consular officer may discharge the crew, on their request, with the arrears of wages, hut without any extra wages. (Paragrapli 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 i:)enalt3^ on the master for refusal. In cases of this kind the consular officer will be careful to consult the full text of the statute.— B. S.,secs. 1^563. 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 i)rovisionsof 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 quantitj^ (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 l)e of bad (piality 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 l)e 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 logbook of the vessel (Form No. 29) and send a report thereof to tlie 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.— B. *9., .scc.s. Jf366. 317. When provisions are reduced.—If, during a voyage, the allowance of any of the i)rovisions which any seaman lias, by his agreement, stipulated for, is reduced, exciqit in accord¬ ance with any regulations for reduction liy way of punish- CONSULAR REGULATIONS. 123 meiit, contained in the agreement, and also for any time during wliicli 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 II 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 Avere 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. S., sec. Jf568. 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 Avill 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. })f‘ adjudged in default. At the liearing eacli party should liave an opportunity to eross-exaniine the witnesses produced by tlie other ])arty, and to testify himself, on oath, if he wishes. The consular officer will render such summary judg¬ ment as the case may re(piire, and may order that each party shall jiay his own costs, or that one party shall jiay all the costs, in his discret ion. Tiie costs shall be at the rates named in the taritf of fees, for any services coming within the taritf, and the costs and expenses of the ])rocess; but no hearing is to be extended beyond one day, unless absolutely necessary. 320. Application to authorities.—In countries with which the Ignited States have treaty stipulations providing for assist¬ ance from the local authoi*ities, consular officers 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 ])risoners are such as would be regarded in the United States as proi)er and humane. (General forms for re(iuests for arrest, detention, and release of seamen are given in Forms Nos. 31, 32, and 34.) If a reipiest foi‘ assist¬ ance is refusecl, the consular officer should claim all the rights confei’red upon him by treaty or convention, and communi¬ cate at once with the diiilomatic rejiresentative in the country, if there be one, and with the Department of State. When such reiiuests are made in accordance with long-established usage, he should, wluui they are refused, make suitable rep¬ resentations to the pro])er local authority, and likewise advise the legation and the Depailment. (Paragrajih 290.) Article XIX. WRECKED AND STRANDED VESSELS, AND SURVEYS. 321. Consuls to take measures to save wrecks.—Consular officers, in cases where vessels of the U^nited 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.— R. 8 ., see. Jt2S8. 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 jier 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 iiarticular 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 jiresent, to assist at the taking of the inventoiy, the sale, and all other proceeding's in relation to the pi*operty. It is his duty to protect the in- tei’est of the owner, and, if his reasonable requests are not complied with, to take the necessaiy 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 underwi*iters in his jurisdiction, he will cooperate with him. (Paragraph 336 .) 325. Proceedings.—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 d 3 dng without the United States (Article XXIII), and so also with regard to the taking j^os- session and disposing of Avhatever effects, whether wrecked, abandoned, or otherwise unrepresented, within a consulate belonging to anj^ citizen of the United States. 326. Property of unknown citizens.—A consular officer is al¬ lowed to institute i)roceedings for the recoveiy of proper!}* in behalf of citizens of his own conntrv, although thev mav l)e unknown to him; vet restitution can not be decreed with¬ out si)e(‘ific proof of the individual proprietarv interest. 327. Rescue from shipwreck_Whenever a consul shall re¬ ceive authentic intelligence of the rescue from shipwreck of S(‘amen or citizens of the United States bv the master or crew of ail}* foreign vessel, he will, without dehn*, transmit to the Department of State a statement of the facts, including tlie name of the mastei* of the foreign vessel aud of the countly or port to which lie ma}* belong, and also the names of such CONSULAR REGULATIONS. 127 of the crew as may have especially distinguished themselves. This statement will be laid before the President, avIio 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 ITnited States .—29 Sfaf. L., SO. The consul will state in his report tlie names of the jiassengers and crew who nia}' 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 i)ub- 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¬ ture, 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 well 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 efforts should also be rated higher than coinpulsoiy 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 iirovisions 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 crew 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 i)ower 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 aiy^ 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 ain^ purpose except the relief of persons Avho are actually “ seamen.” Whenever it is necessaiy for the safet}' of property, consuls will apply to the local authorities for assistance. 330. Papers to be preserved.—Consuls will carefully collect and l)reserve all the ])apers and documents relating to the ship or its cargo, oi* 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 nonai)pearance, they will transmit them to the Dej)artment of State. It is the duty of the consul to ascertain, in all (*ases of wrecks in his district, Avhat became of the register of the vessel; and whenever he can obtain it, he should transmit it without delav to the CONSULAR REOULATIONS. 129 Treasury, through the Department of State, with liis rei)ort of the circumstances of the wreck. The master may, how¬ ever, retain one-half of the register if lie 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 41 GO of the Revised Statutes. (Form ISTo. 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 tide 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. lie can not adduce a consular or admiralty survey, or the proceedings and decree of a vice-admiralty court, or the order of anj' Government authority, as preclud¬ ing the most searching examination hy the courts into the circumstances of the transaction.— Swabeij^ IJfS; 2 Wash. C. C., 150; 13 Peters, 387; 5 Mason, p)5. 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. Tlie general mode of proceeding in such cases is sliown in Forms Xos. 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 proi)er authority to know where she shall be grounded (Form No. 53). 334. Bottomry and sale.—After tlie estimate of damage, the master mav endeavor to borrow on bottomrv the necessary funds for i*epairs; 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 maj" 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 lo8, are given for his general information and not as ab.solute guides in all ca.ses. The Department of State assumes no responsibility for their cor¬ rectness in ail}" 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 at the i)ort and if the vessel or cargo has been insured in CONSULAR REGULATIONS. 131 any company wliich the agent has authority to represent. It is not intended that such cooperation shall have the effect of superseding the consular officer in cases wliere the duties of the two officers may be tlie same, but only that it shall em¬ brace those matters, not conflicting with his public duties, in which his iiosition and authority may iiro])erly 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 with the consent of the master or not.— R. S., secs. 1718, 1^.559-1^568. 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 CONSULAK REGULATIONS. whei-e otherwise provided by law—to decide whetlier he will eall 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 officer by law or usage to X)erform 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.—II 3 " a iwal decree of July 28, 1808, consular officers in the Sx)anish West Indies are author¬ ized to direct all the ox)erations of salvage in the cases of ves¬ sels of their nationality wrecked in their several jurisdictions, as rei)resentatives of the owners. The local customs officei's ai‘e recpiired 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 custod}’ 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 j^roceedings 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 dii)lomatic re|)resentative 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 ac'cpiire i)roperty in foi’eign shii)s has been held to be a natural right, independent of CONSULAR REGULATIONS. 133 statutory law, and siicli 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, 1802) recognize the right of property in vessels of this character and declare them to be entitled to the x:)rotection of the authorities and to the flag of the United States, although no register, enroll¬ ment, license, or other marine document x)rescribed l)y the laws of the United States can lawfulh" be issued to such vessels whether the}" are American or foreign built. The former practice of issuing sea letters in the case of the X^urchase 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 shix^s is not now authorized, yet there would seem to be no good reason upon the face of our x^resent legislation why the Dexiartment 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 x^i'otective in their character than consular or customs certiflcates of sale. 343. Record of bill of sale, certificate, etc. —Tu vieAV of existing regulations, and to enable the owners of a vessel so situated to protect their rights, if molested or questioned, a consular officer, though forbidden by law to grant any marine docu¬ ment or certificate of ownershix3, may lawfully make record of the bill of sale iu 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 duly ascertained in xiursuance of law and insert the same in the descrix^tion of the vessel 134 CONSULAR REGULATIONS. 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 tlie hill of sale and of citi¬ zenship will he prima facie proof of such good faith. 344. Consul’s responsibility—The authorit}" of a consular officer to authenticate the transfer of a foi*eign vessel is wide in its effects and imposes great responsihility in making him, in the first instance at least, the sole judge of the good faith of tlie transaction. The question of tlie honesty and good faith of such a sale rises into the gravest importance in the event of a war between two oi- more powers in which the Government of the United States is a neutral. In such a war experience justifies the expectation that the citizens oi* 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 he 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 })ai‘t of the belligerent who may thereby have been de¬ frauded of his right to ca])ture the enemy’s ])roperty. The accei)tan(*e of the pretended ownership of a vessel under these circumstances may be very profitable; and the tem])ta- tion to abuse his ti-ust in such a case to which a consulai* officer is subjected may be too great for persons of oi-dinaiy integrity, discernment, and firmness to withstand. Instances are not wanting in whi(*h citizens of the United States who were wholly inca])able, from their })revious well-known condi¬ tion and i)ursuits, of making such a purchase have ai)])(‘ai-ed as owners under sales of this character and have sought for them the ]n*otection of the Government. 345. Careful investigtion enjoined.—It is the duty of a consular offic'er to use all availalde means, esjxHMally during the exist¬ ence of a war to which this Government is not a party, to CONSULAR REGULATIONS. 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 i^resuniption must be otherwise, and, in the absence of any indication of dishonest}", a sale in the regular way, with the usual business formalities, is to Ix^ 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 liurchaser 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 mth 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 fiy the fiag. —The i^rivilege of carrying the fiag of the United States is under the regulation of Congress, and it may have been the intention of that body tliat 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 i:)roi:)er that he 136 CONSULAR 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. Tlie pi’actice of cariying the flag by such vessels is now estab¬ lished. The right to do so will not be questioned, and it is l^robable that it would be respected by the courts. 348. Disabilities of foreign-built vessels.—It should be undei-- 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.— R. S. secs. J^Sll. 349. Forfeiture and tonnage duties.—On arrival from a for¬ eign port undocumented foreign-built vessels, if laden with goods, Avares, or merchandise, may, with their cargoes, be subjected to forfeiture.— R. S., sec. 24-^7; see Tariff act of 1894^ sec. 15. If in ballast only, or with passengers witliout cargo, they Avill l)e subject to a discriminating tonnage duty.— R. S., sec. 4^RR Stat. L., 250. When in foreign ports tliey are also subject to tonnage and other consular fees from Avhich regularl}" documented vessels are exempt. For instructions respecting the shipment and discharge and relied’ of seamen on vessels of this character, and tlie collection of extra Avages, consular officers are referred to the seA^eral 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 ])oard of a A^essel of tlie United States either arriA^e at a i)ort in a state of mutiny, or a mutiny occurs in port Avhich can not l)e (pielled by the captain, and tlie captain can CONSULAR REGULATIONS. 137 not navigate his ship to the United States with tlie mutineers on board, the consular officer should, if the laws of the coun- tiy 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 Suxireme Court of the United States it was held that mutiny consists in the crew of a vessel, or an}" 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, unaccomxianied 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; SJf. Fed. Rep ., 5S3. 352. Insubordination to be discouraged. —It is made the duty of consular officers to discountenance insubordination by every means in their xiower, 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 xiower 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 REGULATIONS. clearly justified l)y the circumstances. If the mutiny is of so < 2 :rave 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 he sent to the United States for trial, as will relieve the master from reasonable fear. Tills power should, however, not be exercised for insufficient cause, uor 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 ma}" 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. S., sec.J/iOO; 2S 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 case of seamen, he shall decide to discharge them from the vessel. He sliould request the aid of the local authority, if nei'essary, 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- :n (‘ountry where the decedent died.—7 Op. Att. Gen.^ 27J^. 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 i)ermitted by the authorities of the country, or is accorded l)y established usage, or is x)rovided for by treat}" or the laws of the countrv. 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 410-410.) When there is no treaty, the consular offi- (;ei*, in the absence of a known unwillingness on the i)art of the local authorities, should act as far as he may be permitted; but he should avoid the appearance of opi)osing or disregard¬ ing ac'tual local recpiirements. 390. Authority extends to personal property alone.—The author¬ ity of the consular officer extends, under the statutes, to ])(‘rsonal property alone —7 Op. Att. Gen.., 270-272. In the absen(*e of si)ecial provision by treaty the devolution and tmnsfer of real property are governed b}' the law of the ])lac(‘ where the ])roperty is situated as administered by the local officials. For jurisdiction in matter of real estate in non-C4iristian (‘ountries, see Article XXX. 391. Effects of seamen covered by other regulations.—The per¬ sonal effects of a seaman belonging to an Amei’ican vessel who dies without the United States ar(‘ administered under other ])rovisions of law. (Paragraphs 255-258.) CONSULAR REGULATIONS. 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 witliin a consular district, it is the duty of the consular officer, when practicable, to take charge of them. lie 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 CONSULAR REGULATIONS. ill the inventory and particnlarly 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 inventoiy 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 ail}" 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. — R. 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 reipiired to meet the demands, taking care to sell fir.st the articles whicli are most marketable and at the same CONSULAR REGULATIONS. 159 time least likely to be desired by the family of the deceased for preservation. A claim for damages for a Avrongful act of the decedent is not a debt which the consul may pay, unless it has been reduced to judgment .—18 Pick., 36. 400. Articles having sentimental value. —.Jewelr}^ and other articles having a sentimental value to relatives as keepsakes should be sold only in case of necessity, and, when practi¬ cable, the members of the decedent’s family or his relatives should be notified, in order that they may lAurchase 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 l)e sent to the Treasury along with the unused assets, to be deliA^ered to the legal representative of the deceased. 402. Delivery to legal representative. —If at any time l)efore 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 i^rescribed fees being i)aid, and shall cease his ijroceedings. The consulai* 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 officer may require him to prove his claim in the local courts; and rival claims to 160 CONSULAR REGULATIONS. represent the deceased, if involving doubtful questions, may be relegated to the courts for settlement. 404. Account of receipts and expenditures.—The consular offi¬ cer is re(piired to enter on his consular books a regular ac¬ count between himself and the estate of the deceased, in wliich he shall enter to his own debit all the monevs 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 coi)y 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. 405. Final settlement and account.—As soon as an estate shall be finallv settled as far as the consular officer is concerned, he shall give notice thereof to the Department of State, transmit¬ ting at the same time an itemized statement of the recei])ts and expenditures on account of the estate, and showing the amount in nionev or the effects which have been delivered t 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 anothei*, 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 l\v the out¬ going officer, and not turned over to liis successor. (Para¬ graph 68.) 407. Intervention where a will.—In the case where, bv a tes- tamentary disposition of the deceased, some })erson other than the consular officer is appointed to take chai‘ge of and manage the i)ro])erty, the latter has a right to re([uire, before interven¬ ing officially, that the will should be probated so jis to give it legal effect. If the d(‘cedent leaves a will intended tooperati* CONSULAR REGULATIONS. 161 ill the United States, it is the right of the consular officer 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 etfects of citizens of the United States. 409. Consul provisional 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., 27Jf-. 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 Germanv 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 Eepublic and Colombia—Consular officers in 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 countiy, unless waived b}" the local authorities. In Colombia a consular officer 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 Rica, Honduras, Nicaragua, and Paraguay_Bj’ 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 loroper 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 officer may take possession of the effects, in the absence of a Avill, until the legal representative appears. If the heir is present, the propertj^ is to be delivered to him; and if a Avill appear, the property- is to descend b}^ it as soon as the consular officer 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. B}’ 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 CONSULAR REGULATIONS. 163 treaty with Tripoli the property of a decedent is to he placed under the immediate direction of the consular officer, without interference from the Government or the subjects of the country. In Tunis the consular officer has the right to the possession of the effects Avithout 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 re(][uired to make an inventory of the property' conjointly with a local judicial officer; but the effects are to remain in his hands, with authority to sell the perishable iiart and to dispose of the remainder according to the instructions of his Government. If the deceased AAms 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 officer may close the estate and dispose of the effects and property according to the instructions of his Government. 415. Salvador—In Salvador a consular officer 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 paving 164 CONSULAR 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 autliorities are to receiye the prop¬ erty and notif}^ the nearest consular officer of the United States. 416. In non-Christian countries.—In China, .Tapan, Madagas¬ car, Siam, Turkey, and other nou-Christian countries the projiert}^ of decedents, both personal and real, is administered under tlieproliate jurisdiction of the’consular courts in those countries, without interference in any respect by the local goy eminent s. 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 l)y the laws of the country to do so. In non- Christian countries his authority to perform this rite is not sufficiently 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 foi’bid- den, to solemnize mai-riages in any case .—7 Op. Aft. Gen., 23, 30, 31, 31^2, SlfO; 1 Halleck, Ch. XI, sec. IJfj 1 Bishop, Mar¬ riage and Divorce, 208. 418. May act as witnesses.—A consular officer may, when reipiested, be an official witness of the ceremony of marriage Avhere one of the contracting parties is a citizen of the United States. In all cases of marriage in tlie i)resence of a consular officer he sliall giye to eacli of tlie parties a certificate of sucli marriage, and shall also send forthwith a certificate thereof to the Deiiartment of State. CONSULAR 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 No. 87.) 420. Effect of marriage in presence of consul.—It is provided l)y 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. Jf.082. The statute does not exclude modes of solemnization other than that in presence of a consular officer. 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 jirescribes 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 160 CONSULAR REGULATIONS. religious eonvietious of the parties, (3) when it is not imposed on foreigners by the sovereign prescribing "t, (4) wlien the ceremony is performed in a non-Christian or semicivilized country.—7 Op. Aft. Gen.^ 18. 422. Not to certify as to laws of marriage in United States.—Con¬ sular officers 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 bv 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.. Requisitions 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 su(*h a representative in tlie coun¬ try of refuge. In the absence of a dijilomatic representative, it is provided by some of the treaties tliat the requisition may be presented by “consular officers,” “siiperioi* consular offi¬ cers,” or “the siqierror consular officer.” (Ihiragrai)h 92.) 424. Act only upon instructions of Department. — When a con¬ sular officer is re(iuired to make re([uisition for the extradition of a fugitive from justice, full instructions adapted to the j)ai‘ticuhu* case will b(‘ given him. Tn the ab.sein e of instrnc- CONSULAR REGULATIONS. 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, x)rescribes the manner in which documentary evidence offered by foreign governments in sui3port 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 offered 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 princii)al 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.— 22 Staf. L., 216 sec. 5; 22 Fed. Rep., 699; 30 Id., 57; 33 Id., 165; Iflj. Id., 422 ; 136 U. 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 legallj' sufficient. TAXES AND DUTIES. 426. Taxes.—Unless exemj^t by treaty, consular officers are subject to local taxation in the country and city in which they reside. (Paragrai^h 83.) As a matter of courtesy or comity they are often excused from personal tax and more I’arely from the payment of customs duty on their personal effects. 168 CONSULAR KEGUL4TIONS. 427. Reports.—Consuls will inform the Department of State wlietlier, in the countries in wliich they respectively reside, they are requinnl 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 (‘ourtesy, l)y law, or local regulation, the}' will communicate the fact, Avith a copy of the law oi* 1 ‘egulation, if such exist. They should also report wiiether any distinction in respect of taxation is made hetAA'een consuls aa'Iio are x>t‘rmitted to engage in trade and those AA'ho are i)rohil)ited from so doing. 428. Duties on official importations.—Consuls should inform the DejAartment of State, AA'hether they are required to i)ay customs duties or other jAublic charges uiAon suiAplies of stationery, flags, furniture, and other articles sent to them for official use. It is customary for this GoA'ernment to admit free of customs duties and charges at its custom-houses all aidicles for the official use of the consular officers of foreign states AA'hen similar jAriAdleges are granted to its officers. If these i)ri\'ileges are refused in any instance, the refusal should ])e reported to the l)ex)artnient of State for such proceedings as may he deemed i)roper; or, in the case of consular officers of the United States in Mexico, to the United States minister in that country, aa'Iio, on l)eing satisfied that, the foregoing articles ai*e detained at the customs office, Avill at once apply to the Mexican authorities for their free entiw. REC^UISITIONS FOR SUPPLIES. 429. A form of requisition for office siqiiilies is giA'en in the aiiiHuidix (Form No. 100), also a schedule of the articles usu¬ ally furnished hy the Dejiartment of State. The requisitions should describe th(‘ articles called foi* by .schedule numbei’, as well as by name, and the ({uantities desii*ed are to be stated in tigui’es, as ])(‘r s(*h(‘dule, and in the oi-der indicated thei-ein. If less than an oi-iginal jiackagi^ is recpiiriMl, th(‘ (piantity should b(‘ stated in fractions thereof. The reipiisition should CONSULAR REGULATIONS. 160 he 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 scliedule should be added at the end of the requisition, or, if necessary, on a separate sheet accompanying the same. No dispatch is necessarj?^ 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 official 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 j^ublic business of his office. This in¬ voice may be used in obtaining free entry of the sui)i)lies. 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 ever}^ consular officer shall transmit to the Department of State a schedule to b(‘ 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 easilv identified. The schedule shall especially include the following articles: Carpets, rugs, curtains, window shades, mats, awnings, hang¬ ings, mattings or other fioor coverings, framed j^ictures, un¬ framed pictures, framed charts, unframed charts, busts, stat¬ ues, tables, desks, bookcases, bookshelves, cabinets, clocks, 170 CONSULAR REGULATIONS. waslistands, screens, towel racks, cuspidors, swivel chairs, armchairs, chairs, stools, lamps, gas or electric fixtures, tele¬ phones, sofas, lounges, divans, settees, benches, typewriters, toilet articles, iiitchers, bowls, basins, towels, consular or lega¬ tion jiresses, seals, letter-jiresses, rublier or other stamps, atlases, gazetteers, directories (witli date), dictionaries, ency¬ clopedias, other bound books, unbound books; inkstands, mucilage pots, blotting-i^ai^er holders, sponge holders, pen- racks, penholders, paiier cutters, scissors, erasers, and other desk fixtures; flags, flag jioles, flag ropes, and flag holders; consular 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 liieces and a general description, as “Oak, covered with green leather,” will suffice. All other items must be sepa¬ rately set forth. 432. Supplementary schedule.—From time to time as new l)urchases 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 i^lan as to number, date of purcliase, ])rice, 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 oflicial in charge of the office, the signature of the person making the schedule shall be attested by such official and be by him transmitted tothe Department of State to be filed with llie s(*hedul(‘s hereinbefore referred to. (Paragraphs ) 433. Department’s schedule.—The Deiiartment of State will make uj) from the* lecordsthus received a new schedule in the same form, to lie delivered with his commission to each new official apiiointed to take charge of a consulai* oflic'e, sndting forth all furniture and ecpiipment shown by said schedules to CONSULAR REGULATIONS. 171 be at the 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 x>ei*son found in charge maj^ 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 jier- son for office under the Government of the United States, except for the subordinate positions in their several consu¬ lates. They are jirohibited 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.— R. S., sec. 1751; 18 Sfat. L., 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 mattei*s pending in the consulate. It is a still better rule to avoid public si^eeches when it can be done without exciting feeling in the com¬ munity in Avhich the officer resides. They will be jDarticularly 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 CONSULAR REGULATIONS. any address abroad Avliich is likely to be published in any other country than that where they officially reside. CORRESPONDENCE WITH THE PRESS. 436. Tlie statute ])rohibits a consular officer from corre¬ sponding in regard to the public affairs of any foreign goy- ernment with aii}^ i)riyate person, newspaper, or other peri¬ odical, or otherwise than with the proper officers of the United States.—i?. aS., sec. 18 Stat. U., 77. This i^rohibition does not extend to litei*ary articles or subjects not connected with politics; but communications to newspapers and their representatiyes relatiye 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 i)resented in that capacity by a diplomatic repre¬ sentative of the United States on his leaving his post. They therefore can not ordinarily corresi)ond directly with the government of the country in which they reside. 438. In absence of diplomatic representative.—In the absence, liowever, of a diplomatic representative, cases may arise in which a consul may be re(iuired to corresi)ond directly with the government. All such correspondence, as well as all corresi)onden(*e with the local authorities and with their col¬ leagues, should be (*onducted in a courteous and dignified maniHM'. 439. Social relations.—Consular officers will endeavor to culti¬ vate friendly social relationswith the community in which they reside, and vill refrain from exi)i‘essing harsh or disagreeable opinions upon the local, political, or other questions which CONSULAR BEOULATIONS. 173 divide the community within their j iirisdiction. They are for¬ bidden to participate in any manner in the political concerns of the country. In their disi:)atches upon such subjects they will confine themselves to the communication of important or interesting public events as they occur, avoiding all unnec¬ essary reflections upon the character or conduct of indhid- uals or governments; and they will not give publicity, througli the press or otherwise, to opinions injurious to the x^ul)lic 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 tlie Navy or colonels in the Army. Vice-consular officers, deputy consular officers, consular clerks, and consular agents rank with lieutenants in the Navy or captains in the Army .—1 Halleck^ ch. xi, sec. 7, cl. 2. For official etiquette when United States naval vessels visit the port, and for the relations between consular and naval officers, see paragraphs 100,112. 442. Rank by seniority in same grade.—Consular officers of the United Srates are entitled to enjoy the rank and precedence 174 CONSULAR REGULATIONS. above stated. This precedence will lie determined, amon:ress. 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 wlio served dui*in: by iuiin])er and date, if witli leave, to the dispatch granting it. Every such application must state specifically whether the apiilicant 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 3 'ear, the term for which such leave might have been granted can not b(‘ added to the leave of a snbseiinent year. 470. Leave with permission to visit the United States.—Leaves of absence are of two kinds—simple leave and leave with pmanission to visit the United States. Both classes of leave are subject to the statutory conditions explained above. (Paragraphs 4G5-4G7.) In case leave is asked and granted to return to the United States, the term for which it is granted is computed from the da}" of the arrival in the United States to the day of dejiarture therefrom on the return of the otficei- to his post; but a reasonable time in addition is allowed for going to and returning from his place of residence, provided a visit to his residence is made, but not otherwise. The transit periods prescribed in j)aragraph 47S are maximum allowances to cover delay through sickness or other unavoidable cause. It is not contemiilated that the whole time so allotted shall b(‘ ordinarily emidoyed in the transit, nor is it permissible that an officer proceeding on leave to tlie 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 ])r(‘scribed b}* the statute. 471. Simple leave does not give permission to return to the United States.—'fhe granting of a simple leave of absence does not give permission to retuim to the United States also. Should a consular officer desire to revisit the United States, he must ask ex])r(‘ss ])ermission to do so, in order to entitle him to the benefit of the statutory allowance*. CONSULAR REGULATIONS. 185 LEAVE OF ABSENCE FOR VICE-CONSULAR OFFICERS AND SUBORDINATE OFFICERS AND EMPLOYEES. 472. Vice-consular officers.—When the chief consular officer is at his post and in charge of tlie office, he may grant leave of absence to his vice-consular officer, rei)orting tlie fact to the Department of State. When the vice-consul is in charge of the office, he should ai^ply 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 onh^ while he is in charge of tlie office, and lie 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 iiut temporarily in charge of the con¬ sular agency. In case of an emergency which compels the consular agent to leave his post before iierniission to do so can be obtained from the Department of State, the principal consular officer 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 agency. 475. Consular clerks.—Consular clerks should apply for leave of absence to the Department of State, their applications being indorsed favorably or unfavorablv bv the chief consular office.i 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 CONSULAR REGULATIONS. ill cliarge of tlie post. There is no provision of law for ap¬ pointment hy the consular officer of a substitute to perform the duties of the absent interpreter or marshal and receive his salary.— Bowie1st Comp. Dec.., 168; 2 Comp. Dec., If55. MAXIMUM TIME OF TRANSIT. 477. Not to be exceeded.—The Secretary of State is author¬ ized to establish, determine, and make iniblic the maximum amount of time actually necessary to make the transit between (*ach 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 necessaril}" occupied l)y each consular officer wlio may be entitled to such allow¬ ance sliall in no case exceed that for the time thus estab¬ lished and determined, with the addition of the time usually occupied by tlie shortest and most direct mode of conveyance from Washington to the place of residence in the United States of such officer .—18 Sfat. L., 70, sec. If. 478. Maximum transit periods established.—The following is established, determined, and made iiublic 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: Barrancpiilla, sixteen days. Bogota, thirty-five days. Colon, sixteen days. Panama, sixteen days. CONSULAR REGULATIONS. 187 Costa Rica, 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. Mauritius, ninety days. Nassau, fifteen days. New Brunswick, six days. New Zealand, fifty days. 188 CONSULAR REGULATIONS, Great Britain and Ireland—Continued. British possessions—Continued. Nova Scotia, six days. Prince Edward Island, six days. St. Helena, seventy-five 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, fort}" 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. Guay in as, 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 i 30 sessions: Fayal and Funchal, thirty days. Mozambique, sixty days. Santiago (C. V. I.), forty days. Russia, thirty days. Salvador, thirty days. Samoa, 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 OF PRIVATE PAPERS FILED IN CONSULATE. 479. Many papers filed as of record in the consular offices are of a private, and not of a inihlic, 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 Avill 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 papei* must be specifically designated in the appli- (*ation for inspection, adopting in such cases, as nearly as l)racticable, the rule laid down by the courts in respect to the inspection of telegraphic dispatches; nor will the Depart¬ ment of State pei’init cot)ies to be taken by the parties inspect¬ ing sucli pai)ers. If coi)ies 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- ti-ymen at home to examine titles, or do other sei’vices for them in a foreign land. It is sometimes even assumed that the i)arties making the requests have a right to such services. Consular officers will treat all such requests courteously, and if they are unable to comply with them, will state the reasons clearly but unoflt’ensively. They are at liberty to do such work for their countrymen for a private compensation, if it does not interfej‘e with the performance of their official duties. If it does so interfere, they must refuse it .—31 Fed. Rep., 607: 33 Id., 372. 481. Rule 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 c()mj)ensation as is charged foi- similar services in the same locality by other competent per¬ sons. In ordinary cases the amount is determined by the agreement of the i)ai*ties; and a consular officer should, if j)racticable, 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 paymenf. 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- pressivelj" 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 fix the amount to be paid, if there shall be aii}^ reason to do so. (Paragraph 188.) 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 resiiective districts, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to iierform any notarial act which any notary public is required or authorized hy 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. AVlien called ujion 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 of 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, l)iit not usually in such a manner as to restrict the ex- ei*cis(‘ of tlie functions which otherwise appertain to the oflice. As a general rule, a notary t)nl)lic may take acknowl- e(l.a:nients of deeds, ])owers of attorney, agreements, leases, i*eleases, assignments, bonds, mortgages, bills and contracts of sale, and protests, certif}^ copies, and may take all forms of oaths, affidavits, and depositions. 484. Performance of notarial services optional.—Consular offi- (‘ers 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 inatters outside the scope of their official duties and ])Owers. (Paragrapli 422.) 485. Compensation for services.—Consular officers are author¬ ized to charge for notarial services the fees prescribed for notaries i:)ublic 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 (*ents. Taking acknowledgment of a deed or power of attorney, with certificate thereof, 50 cents. Every protest of a l)ill of exchange or promissory note, and recording the same, ^1.75. Each notice of protest, 10 cents. Eacli demand for acceptance or payment, if accepted or j)aid, ^1, to be paid by the party accepting or j)aying the same. Each noting or protest, ^1. Revised Statutes relating to the District of Coluuihia^ section [tUO. CONSULAR REGULATIONS. 193 A copy of this tariff of fees must be posted in a conspicu¬ ous place in the i^nblic office of tlie 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 .—33 Fed. Rep ., 572. (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 keej) 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 Xo 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 lieen col¬ lected that fact must be reported. This record and transcrix:>t 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 fullv and clearlv that its nature may be ascertained liy inspection. Entry of the services as “affidavit,” “oath,” “certification,” “authentica¬ tion,” etc., is insufficient. Maiw of these acts are concerned with the transfer of propert}^ 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. Tlie Form (No. 159) which has been prepared for this purpose shows the particulars which the record shall contain and also 17824 C R -13 194 CONSULAR REGULATIONS. the f 01*111 of oatli to accoinpaiiy it. If in the execution of l)ap(M*s witnesses are reipiired, tlieir names should he entered in the eoluinn of “remarks.” 487. Notarial services by consular clerks.—When a consular clerk attaclied to a consular office is reipiired to perform notarial or otlier unofficial services for the convenience of the consul, the consular clerk is entitled to reasonable com- piMisation out of the fees received for the services, in addi¬ tion to his salary, Avhich 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 iiui}^ retain the pa])ers committed to him in connection with the notarial or unofficial work until his proper fees are paid. In such case, however, he should jiromjitly notify the party employing- him of the completion of the work and of his readiness to trans¬ mit the ])apers or the information on rec^dving ])ayment of his fees. If ])ayment is refused, a full report of the case should he made to the Deiiartment of State. If a dispute arises as to the ])roper charges and the consul and his employer are unable to agi*ee, the facts may he laid before the Department, which will give siudi insti*uctions as may h(‘ deemed i)i*oper. 489. Commission to take testimony.—AVhen a court in th(‘ Dnited States ajipoints a consular otlu'cr commissioner to take testimony in a foreign country for the use of that court, the commission is usually accomjianied by interi*ogatories and full instnudions, which the (*onsul should be careful to follow. In such cas(‘s the (‘onsul acts, not in his official (*a])acity as consul, but as an officer of the coui’t which issues tlu‘ commission, and his charges must not exceed those al- low(‘d by the court issuing the (*ommission. These ('harges must be included iii the record and transcript prescribed in liaragraph 4SG. 490. Where local government objects.— Wh(‘r(‘ th(‘ local gov- ernimuit obj(‘cts to th(‘ taking of testimony liy 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 tlie testimony—wliether by letters rogatory or otherwise. Article XXV. COMPENSATION OF CONSULAR OFFICERS. 491. Two classes—\\ ith respect to tlieir compensation, con¬ sular officers are divided into two classes, (1) those who are paid a fixed salary appropriated annually by Congi*ess, and (2) those who are paid no vsalary, but receive their compensa¬ tion in fees collected for official services and in payments from the 1 reasury of tlie United States for services to Ameri¬ can vessels and seamen. (Paragraxdis 49G, 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 follow’s: 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.— if. aS'., sec. 17Jf0. the time actually and necessarily occupied in transit, by the most convenient route, betw’een the places of their i*esi- dence and their posts, not, how’ever, to exceed the time fixed in paragraph 478. Thisapplies both to transit from the United States aud to transit to the United States at the termination of service, unless the officer dies, or is recalled for malfesance, oi lesigns in anticipation of such recall. The time during w hich a consul may be unavoidably detained at his post w hile w’aiting for a conveyance to the United States, after delivering up the office, maybe included in his home transit so far as not 190 CONSULAR REGULATIONS. to exceed in all the luaxiniuiii time fixed in paraji^rapli 478. In the event that the appointee is not in the United Stat(‘s at the time of appointment and receives his instriietions while abroad, no allowance of salaiy will be made for the period so (X'cnpied, bnt only for so mneh of the iireseribed time allowed foi‘ ti-ansit as shall be actually and necessarily occupied in reaching’ his post of duty. 3. Fi’om the date of entry upon othcial duty at their posts to the date when they cease to perform the duties of the office. This iirovision extends also to the time, after arrival at their posts, while awaitin*^ the receipt of the exe(j[uatur or permission to act.— R. S., sec. 171^0. 493. No outfit or advance.—Xo advance of salaiy or allow¬ ance in the nature of an outfit is made either for the officer or Ids 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- pidation 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 .—22 C. Cls. 7f., 330; 123 U. S., 182. 495. Allowance to widow or heirs.—It has been ])rovid(‘d bv law that when(‘ver a consular officer di(\s 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 eipial to the allowance made to such officei' for the t ime n(H*essarily occiijiied in making tluGransit from his post of duty to his lesidence in the United Stat(‘s. d'he amount is paid directly to the widow, or heirs, as the case may lx*. This provision ainilies only to salaried consuls-genei’al, ('on- suls, and commeix'ial agents.— R. ^S'., sec. 17IfO. 496. Feed officers.—A ('onsul-g(‘neral, ('onsul, or commei’cial agent not (‘ompensated by a fixed salary is allowed in lieu of CONSULAR REGULATIONS. 197 salary such fees as he may collect and such i:)ay 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 $2,500 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., sers. 11 SO, 171^0; U Si at. L., 226; 23 Sfat. 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 arid paymeuts, when sufficient, a sum not exceeding $500 a year for office i-ent 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 iiaid.— R. S., sec. 1732. 498. i^‘ees 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 jiart of the fiscal year during which he has held office.— R. 8., sec. 2687; 71 Fed. Re2^.,596. (Para¬ graph 572.) 499. Compensation until actually relieved by successor.—A prin¬ cipal consular officer, so long as he remains at his x)ost with the sanction of the Department of State in the discharge of 198 CONSULAR REGULATIONS. the duties of tlie 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 offi¬ cer or in anv other manner ceases to act as consul. t. 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 in such countrv. In countries in which the United States have no such representative, a consular officer is not authorized to prefer any claim for extra conii)ensation 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. 1739. 501. Consul in charge of legation.—A retiring diplomatic repre¬ sentative has no authoritv to install a consular officer in cliarge of an embassy or legation, unless expressly authorized by the President so to do; nor can the consular officer receive tlie i)ay '• 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 propeily of a legation. This circumstance does not invest him with any di})lomatic character or func¬ tions, and no allowance will be made to him except for the necessary expenses of such custody .—o C. CIs. /?., 4':10. 502. Salary during absence.—It is provided by law that no consular officer shall receive salaiy for tlie time during which lie maybe absent from liis post, by leave or otherwise, beyond the term of sixty days in the aggregate in any one calendar CONSULAR REGULATIONS. 199 5 ^ear, but that the time equal to that usually occupied iu 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 alisent from his post on leave, and also for the time of transit both to and from his residence, in case 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 inaj" 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 daj^s.—i?. S., sec. 12 Op. Att. Gen., J^IO. This limitation as to salary does not apply to marshals. They are entitled to salary whether xu'csent or absent, so long as they remain in office .—2 Bolder's Comp. Dec., Jfoo. (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 iireviously 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. 18Slat. 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. reeall. In neither ease will compensation he allowed for the time occupied in the transit to the United States. — R. S., sec. 0 Op. Att. Gen.., 80. 505. Resignation in the United States.—Tlie right to compen¬ sation of a i)7*incipal consular officer who I’esigns while in the Ignited States on leave of absence terminates with the date of the acce])tance of the resignation, the lapse of his statutory leave, or the entrance of his successor in office upon his duties at the post, whichevei' fii'st occurs. 506. Compensation of vice-consular officers.—The compensation of a vice-consul-genei‘al, vice-consul, or a vice-commercial agent is provided for only from that of the principal officer.— R. S., sec. 1703; 7 Op. Atf. Gen., 71J^.; 13 C. CIs R., 64. The rules in respect to his (‘ompensation are as follows: 1. In case a i)rincipal officer is absent on leave for sixty da vs or less in aiiA^ one calendar vear and does not Ausit t. » the United States, the A'ice-(*onsular officer acting in his i)lace 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 diffei’ent rate, the pi*incipal 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 comj)ensation of the office. 2. If the principal ofli(‘er visits the United States on such leaA^e of absence and returns to his post, the foregoing rule will include the time of ti*ansit both from and to his post, as explained in paragi‘a])h 402.* But if the princii)al officer does not return to his ])ost, either because of I’esignation or other¬ wise, the rule Avill embi*ace only the time of absence, not exceeding sixty days, togcdhei’ with the time of transit from his post to his residence in the Unit(Ml States. 5. If a princii)al oiru'cn* absents himself from his ])ost for a longer i)eriod than ten days without leaA'e, the vice-consular CONSULAR REOULATIONS. 201 officer will he entitled to the full compensation of the office for the excess over ten days, unless the absence shall have been subsequently approved b}^ the Det)artinent of State. If the absence shall have received such approval, the com¬ pensation will be regulated by the rules herein laid down as to other leaves of absence. 4. If a principal officer dies at his i)ost, or if lie 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 i^eriod between the date of assuming the d uties and that of the accept¬ ance of the resignation will be in accordance with the forego¬ ing rules respecting compensation during leaves of absence. 0. A vice-consul-general, vice-consul, or a vice-commercial agent designated by the diplomatic representative to till 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. 17Jf.O. 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 hitter, the Auditor for the State and other Departments should at oiiee he advised, in order that any di*afts therefor ina}' be duly protected. (Paragraph oGG.) No drafts of a vice-cousular olhcer, when in charge of a consulate, will be honored at the Treasuiy until the bond prescribed in l)aragi*aph 43 shall have been tiled. 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, liy his act of authorization, reliiuiuishes his right to the salarv, although it mav have been done for convenience and the money a])propriated to his use. 509. Deputy consular officers.—No provision has been made for the compensation of deputy consuls-general, or deputy consuls, except fi*om the allowance made by law for the prin- ciiial 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. Consular agents.—Consular agents are entitled, as com¬ pensation for their servic(‘S, to such pay fi*om the Government as their official services to ^Vmerican vessels and seamen may entitle them (paragraph 520) and to such fees as they may collect under these Kegulatious or to so miu'h thereof as shall be detei’inined by the President, not to exceed ^^1,()0() a year. .Vnd the principal officer of the consulate^ oi* commercial agency within the limits of which such consular agent is appoint(‘d is entitled only to the i*(‘sidue, if any, in addition to any other compcuisation allowi^d him by law for his services therein. Put all moneys i*eceiv(‘d for f(‘es at any vice-con¬ sulates or (*ousulai‘ 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 oi* vice-consulates must be accounted for to tlie Secretary of tlie Treasury and held sul)ject to liis draft or other directions.— R. S., secs. 1708, 1733; 23 Sfat. L., 36, .sec. 12; 71 Fed. Rep., Jf26. 511. Consular clerks. —Consular clerks appointed l)y tlie Pres¬ ident receive a salary of 11,000 a year. Those who i*emain 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 exiienses of travel l)etween 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 liy the President, which date is usually simultaneous with that on which they take the oath of office.— R. S.,secs. 1701^, 1705; 18 Staf.L., 70, sec. 5. ■ 512. Consular clerk as vice-consul. —When a consular clerk appointed vice-consul acts iii 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 emi^loys any clerk, dragoman, interpreter, messenger, or like subordinate at the ex^^ense of the Government, the vouchers presented with the officer’s quarterl}^ accounts must show the amount actually paid to the employees. The same rule applies to all vouchers for Tuonej'S exx^ended for any official i)urpose whatever; they must rejiresent the amounts actually and necessarily jmid for the puri:)oses sj^ecified, to the exclusion of any pecuniary or material benefit directly 204 CONSULAll REdULATIONS. or indirectly accruing’ to the officer making the expenditure and accounting therefor, or to any j)erson other tlian the one sigiung tlie receipt.— R. S., secs. 5Jf,S8^ 5Jf83. Any officei* socliarged witli the expenditiii*e of an ai)propri- ation or an allowance wlio sliall rectuire any clerk or employee to receii)t or give a voucher for an amount greater than that actually received hy him for the official service he performs is liable to a (diarge of embezzlement. 514. No commissions allowed.—No consular officer is iiermitted to receive aii}^ additional compensation, directly or indirectlj", by way of commission or othei’wise, for receiving or disbui*sing the wages or extra wages of seamen, or for advances made to them; nor is he allowcal to derive aii}^ profit from, or be inter¬ ested in, tlie supplies of any kind furnislied to seamen, or in the compensation allowed for their transportation to the United States. In the lattei- case, however, if a consular offi¬ cer is the owner of, or is otherwise intei’ested in, the vessel bringing the seamen home, he is not j)rohibited fi'oni receiving such r(‘asonable compensation as may be provided bylaw for the transportation.— R. S., sec. 17JO. (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 requii’ed to ])erform, and for all personal ex})enses that may be incurred under whatever law, treaty, or instructions the s(M*vices may be i)erformed. — R. S., sec. 1743. 516. Fees applicable to salaries.—Uonsuls who are compen¬ sated by salaries a])i)ro})riated annually by Uongress ai-e au¬ thorized to i)av themselv(‘s from the fees thev mav collect if these shall be sutlicient for the i)in’j)ose. If not sutlicient, a draft may b(‘ drawn at th(‘ (Mid of (‘ach (piarter for the deh- ciency, or for the whole ([uai’t(M’\s salai-y, as the case may be. In all cas(‘s drafts for salary of consuls should be drawn upon th(‘ S(‘(M-(‘tai’y of the TrcMisury. (Paragraph 50G.) CONSULAR REGULATIONS. 205' Drafts for salary and for all other accounts must he drawn only at the end of each (jiiarter, and for amounts then due, and must he preceded or accompanied hy the corresponding accounts and vouchers. But in case of need salary may he drawn before the end of the quarter, provided a certificate he attached to the draft of the amount of fees received up to the time of drawing. Only the difference between the amount of such receipt from fees and the amount of salary accrued to the date of draft must in an}’ case he 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 (‘onsular clerks, marshals, and interxireters from the fees at the iiost at which they may he stationed. If these are not sufficient, a draft may he drawn hy the principal officer as for other sala¬ ries (paragraph 555) to complete the payment of the marshal or interpreter; hut a consular clerk shall draw for his own- salary, or for such part as may not he 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 he charged for official services, and to designate what shall he regarded as official services, besides such as are exiiressly declared hy law, in the business of the several consulates and commercial agencies, and to adapt the same, hy such differences as may he 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 he prescribed for their CONSULAR REGULATIONS. 20 () respective consulates and coniniercial agencies, and such rates or tariffs are recpiired to lie reported annually to Con- o-ress.—i?. S., sec. 17V>; 1S3 U. S., 273; 31 Fed. Rep., 697; 33 Id., 572. 519. Services official unless otherwise prescribed.—All acts or services for wliich a fee is iirescribed in tlie tariff of fees (par- agi'aph 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 ITiited States except when otherwise exjiressly stated therein. The tariff of official fees must be kept posted in a conspicuous place in the consular office for the information of ])ersons 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 bv consular officers from reg- ularlv documented American vessels and seamen for official t. services to them. (Pai'agrajih 182.) Consular officers, how¬ ever, who are compensated by fees must furnish the mas¬ ter of everv such vessel with an itemized statement of such services jierformed on account of said vessel, with the fee so presci’ibed for each service, and also make a detailed rei)oi*t to the Secretarv of the Treasurv of such services and fees, under such regulations as the Seci*etarv of State may pre¬ scribe; and the Secr(‘tarv of the Treasurv shall allow consu- 7 t. « lar officers who are ])aid in Avhole or in jiart by fees such compensation for said services as they would have received jirior to the ])assage of said law. Such sei’vices will not be compensated, unless, in the o[)inion of the Secretary of the Treasurv, thev have been lu'cessarilv rendered. For full instructions in regal'd to accounts for services, see jiaragraph SYr//. L.,56, sec. 12; 13 Op. Atf. Oen., Ill, 23^. 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 ITiited States dying abroad CONSULAR ]^EGULATIONS. 207 (Article XXIII) and transmitting the proceeds is official and must be paid into the Treasury; consular court fees are like- Avise 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 niav any subordinate in the consulate charge a fee fora service rendered by him in con¬ nection with any service, official or nnofficial, iierformed by the principal officer and for Avhich the latter has charged a fee. In regard to the verification of invoices, a tienalty is pro¬ vided for charging for blank forms, advice, or for clerical services in the preparation of the declaration or certificate, or for receiving ariv fee greater than that authorized bv law; and if a consular officer collects or knowingly allowstobecol- 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 lial)ility 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., secs. 1716, 1723. Pro¬ vision lias been made by laAvfor the refundment at the Treas¬ ury of fees and charges erroneously collected liy consular officers from the regularly documented vessels of the United States when the claim shall have been made within one A’ear from the date of collection .—23 Sfat. L., 39, .sec. 26. 523 Consul liable for fees net collected. —If a consular officer who receives a salary omits to collect any fees Avhich 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 RE(}ULATIONS. consignees, masters, or commanders of all vessels from whom othcial fees or ciiarges or exti’a or arrears of wages of seamen shall 1)6 collected. — R. S., sees. 1121^^ 4213. (Paragraph 183.) 524. Tonnage fees.—The tonnage fees provided for in fees lOG and 107 of the tariff and fees for granting Forms Nos. 13 and 14 are not charged hy feed officers against the Treasury for American vessels running regularly, by weekly or monthly trii)s 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 j’ear. They are chargealde by the consular officer at the foreign jiort where the princiiml offices of the steamship company or owners are located. They are not to lie (diarged at other consular otfices on the route, whether within or Avithout 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 foi*eign 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 exemi)t from the re(iuirement to deposit the shii>’s papers at each port where an arrival is made.— R. S., sec. 1720; 1 Comp. Dec., 374. 525. 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 ('onstrnctive, rendered any vessel owned and registered in the ITiited 8tat(‘s that touches at a Canadian port. The word “touches” in this statute means that a vessel ma}" entei* a port, if such entiy is con¬ nected with the ])iiri)oses of her voyage.— R. S., sec. 1722; S Srur., 330. If consistent with such inirposes, taken in con¬ junction with the customs of the particular trade, she may land or load cargo tliere. 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 fi-oni 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 iiermitted to make a charge for administering oaths required to be made by pensioners and their witnesses in executing their vouchers for their pensions.— 25 Sfaf. 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. 1746. 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 Secretaiy of the Treasury. — Tariff act of 1894, sec. 25. Tables for reducing gold coin of the United States to English and French currencv and other currencv table.-, will be found in Forms Nos. 149, IGl, and 1G2. (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 keej), 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 K-14 CONSULAR REGULATIONS. 210 bv liin. or for his use for his official services as such cousular officer (luriui? the period for which it purports b. be rendered. Such oath mav be taken before any person having antln.ril^ to adnunister'.mths at tl.e p<.rt or place where the consular officer is located. These accounts are rendered quarterly to the Auditor for the State and other Departments on the pie- scribed forms. (Farattraphs 507-570.) . 531 Numbering fees.—'Fhe following rules must be oliserved in numbering official fees: The fees for the certification of all triplicate invoices, which include invoices ot regulai im¬ portations, of animals for breeding purposes; of returned \merican goods in original packages; of returned boxes, iiags, barrels, kegs, carboys, and shooks of American manu¬ facture; of personal or household effects, or teams o ani¬ mals owned and used by emigrants, and o works of a.t, must ill the consul’s returns, be included under one separate consecutive series of numbers and corresponding numbers placed uiion the invoices or certificates. The fees for landing certificates must bear a separate and distinct series of numbers, and correspomliiig numbers must be written or stamped plainly at the left-hand upper corner on the face of the certificates and marked “consular number. Another fees collected must be numbered consecuti\el\ iindov Olio sorios. , . , Kacli scries of numbers for fees should begin anew mi i Xo 1 at the coniniencemeiit of each calendar veai. \11 the fees should be entered at length on the fee book fmmislied bv the Department ot Stale, so as to complete the Suimrln accordanVe with Forms Nos. Kd and Idg’, and reported in three groups, as billows; , ,, i 1 Decs received for certitication of invoieesand olherdocu- mentation of merchandise and personal effects for shipment to the United States. ' 2 . Fees for landiiii^ eertitieates. All other otheial f(‘(‘s. CONSULAR REGULATIONS. 211 Each fee in groups 1 and 2 should bear tlie same number as the certificate for which it was i*eceived. The groups should be arranged in the order given, and each fee should be so iilaced in its group as to present in each group a con¬ secutive series of numbers, beginning Avith each calendar year. In the column headed “Place of destination of in- Amices” (Forms Nos. 101 and 102) should be reported the place to AAdiich the triplicate copy of the iiiAoice is sent. Con¬ sular officers haAdng suiiervision of consular agents should see that the agents understand and make their returns of official fees in accordance Avith the directions of this para¬ graph. 532. Returns of fees. —The returns of fees must l)e made, in the manner hereafter indicated, Avithout fail, at the close of each quarter. (Paragraph 508.) If no fees are receiA’ed 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 him from holding any office of trust or profit under the United States aa Iio Avillfully neglects to render true and just quarterly accounts and returns of the business of his office, and of inoneA’S receiA’ed by him for the use of the United States, or to paj’ OA^er 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. 173Jf. (Paragraph 569.) 533. Tariff of official fees. —The folloAAung is the reAused tariff of official fees prescribed by order of the President under the authority conferred upon him b}^ section 1745 of the Revised Statutes, to be charged bj^ consular officers for official seiwices, in addition to those specifically proAuded by law. All con¬ sular charges for official seiwices must be in strict accordance Avith this tariff, and be collected in gold or its equiAmlent: 212 CONSULAR REGULATIONS. I.—Miscellaneous Services. 1. Acknowledgments connected with the transfer of United States stock (Paragraph 447) ...... 2. Certificates to jdace of birth of emigrants, and only when desired by them__ __ Sealing cars coming from Canada. For each manifest with the consul's certificate, including sealing of each car, vessel, bale, barrel, box, or package_____ 4. Certificate to emigrant’s declaration covering animals, vehicles, and goods—Form No. 128_ 5. For issuing a passport—Form No. 9___ G. For visaing a passport—Form No. 10.... 7. For administering oath and preparing application for a pass¬ port ___ 8. For marriage certificate—Form No. 87_ 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.r)0 when the declared value is $2,500 or less, and $5 when the declared value is over $2,500— Form No. 151...... 10. To certificate to invoice, including declaration in triplicate or £iuadrui)licate (Form No. 140), covering either direct imjiortations or transit shipments, including any extra or additional certificates not otherwise provided for which are recjuired by law or regulations for use in connection witli the entry of the wares or the forwarding of the same in bond_... ... .. 11. Such extra certificates when no invoice is certified, each_ 12. Extra copies of invoices, each.. 13. Certificate of disinfection.... 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 recjuest of tlie proper collectors of customs, copies of documents on file must be sui)plied free of charge. (Paragraph 097.) The fee for copies may be retaim'd by the consul, but must be ac¬ counted for. No fee. $0.25 . 25 . 50 1.00 1.00 1.00 1.00 2.50 2.50 1.00 1.00 2.50 CONSULAR REGULATIONS. 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 finall}- 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, 2^ 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 feea in Morocc*. {Ex'ecutive order December 5, 1895.) 16. For each certificate of protection_ $2.00 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 lu'ovisions or water (Form No. 27); 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. 21. Certificate to master to take home destitute American sea¬ men—Form No. —__ No fee. 22. Declaration. When seamen were flicked up at sea—Form No. 24____ No fee. 23. Consul's order to send seamen to hospital—Form No. 22_No fee. 24. Agreement of master to give increased wages—Form No. 83. No fee. 25. Authentication of each list or manifest of immigrants, with the oaths of master and surgeon attached, up to ten, 25 cents, and for each list above ten, 10 cents—Executive order June 5, 1895. 26. Certificate to the examination required by section 2162 of the Revised Statutes, for each emigrant—Art. —... _ .25 214 CONSULAR REGULATIONS. 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 29. 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¬ sulate .... .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. 33...... . .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 42. To ship’s bills and vouchers for disbursements and repair.s— Form No. 76.... ..50 Recording documents. 43. Appointment of new master—Form No. 19.. ..50 44. Average bonds, when reipiired, for every one hundred words or less—Form No. 160. ..50 CONSULAR REGULATIONS. 215 45. Bill of sale, when required, for everyone Imndred words or less_ 0.50 46. Certificate given to master at his own request, when required—Form No. 28_ .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 protests, 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 he 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 Acknoidedgments. 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 21G CONSULAR REGULATIONS. Certificaten. 58. To indorsement of bottomry on sliii^'s register—Form No. 72. $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 62. 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... 1.00 Shippiti^ or discharging seamen. 66. For ever}' 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 82.... 1.00 Consul's orders. 67. To send seamen to prison—Form No. 31. 1.00 68. To release seamen from prison—Form No. 32. 1.00 69. To authorities or captain of the port, in cases of sinking vessels—Form No. 53... 1.00 70. Requesting the arrest of seamen—Form No. 34.... 1.00 71. Notice to master of result of examination on complaint of crew—Form No. 28 .... 1.00 72. Warrant of survey on vessels, hatches, cargo, provisions, and stores, or either—Forms Nos. 43 and 47.. 1.00 73. Notifying surveyors of their appointment.. 1.00 74. For any other letter or order of like character. 1.00 Authenticating copies of jxiju’rs.* 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 REGULATIONS. 217 77. Of account of sales of vessels, cargo, provisions, and stores, or either—Forms Nos. 57 and 65__ $1.00 78. Of call, vrarrant, and report of survey on vessel, hatches, cargo, provisions, and stores, or either—for example, see Form No. 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 (auctioneers) account of sale of vessel or cargo, jjro- visions, or stores—Forms Nos. 63 and 64_ . . 1. 00 82. 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 i)rotest—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___ 2.00 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 No. 29___ ________ 2.00 92. Certificate to appointment of new master, including oath of master—Form No. 19__ 2.00 93. Certificate given to a master at his own request—for exam¬ ple, Form No. 23_ 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 $2.00 ^^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. i___ 2. 50 98. Certificate to the purchase of foreign-built or American vessel abroad—FormNo.v35____ 2.50 99. Certificate to manifest of fish, oil, bones, etc.—Form No. 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.. 5.00 102. 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 Receil'ing and delivering shiji's papers. 100. For receiving and delivering ship's register and papers, including consular certificates, as prescribed in Forms Nos. — and —, 1 cent onevery 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 jiorts in Canada on her regular voyage from one port to another within the United States, unless some official service recpiired by law shall be performed...... .<>1 197. And for every additional ton over 1.000, one-half of 1 cent. *Not to be collected from foreign war vessels. CONSULAR REGULATIONS. 219 Article XXVII. CONSULAR ACCOUNTS AND RETURNS. 534. General 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;” (5) “Record of official fees;” (G) “Pay for services to American vessels and seamen;” (7) “Comi^en- 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 stvled “returns” in the statute. 635. Special accounts. —In case a special account for any other purpose is opened by request of any Dex)artment, that account will be kept separate, and a sei^arate 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 Seittember, and 31st of December. The quarters are to be designated thus: “ Quarter ending Marcli 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 delav, and the accounts t. 7 must be forwarded by the earliest jDossible mail. 537. Not to cover different fiscal years —Xo 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 year 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 Xo. 125); account for contingent expenses. United States consulates (Form Xo. 90); account for allowance for clerks at consulates (Form Xo. 165); account for salaries, marshals for consular courts (Form Xo. 165); account for salaries, interpreters to consulates in China and Japan (Form Xo. 165); account for expenses of interpreters and guards in Turkish dominions (Form Xo. 165); ac('ount for expenses of prisons for American conyicts (Form Xo. 165); account of fees receiyed by marshals of consular coiiids and of the expenditures, to be supported by youchers; a(‘count for expenses incurred in the arrest and transportation of persons charged with crime; account for expenses of acknowledging the seryices of masters and crews of foreign yessels in rescuing American seamen and citizens; and any account specially ordered by the Department of State. 539. Accounts to be sent to the Auditor.—The following sepa¬ rate accounts are to be sent to the Auditor for the State and other Depai'tments: ^Vccount for relief and protection of American seamen (Form Xo. 94); account for .salaries, con¬ sular seryice (Forms X^os. 106, 108, 112, 116) (the account of a consul-general who is also accredited as secretary of legation is to be sent to the Auditor for the State and other D(‘])artm(‘nts); i*(*cord of official fees (Forms X"os. 101 and 102); account for ])ay of consular officers for seryices to American CONSULAR REGULATIONS. 221 vessels and seamen (Form No. 167); aceomit lor 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 Treasuiy 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 b}^ st)ecial instructions should be sent in a separate dispatch. A transcript of all accounts should be recorded in the proper consular record. Dispatches forwarding quarterlj^ accounts oi* 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 currencv of the United States; and all drafts on the Secretarvof the Treasurv or the Secretarv of State must be drawn, not in foreign monev of account or currencv, but in the monev of the United States. In all cases when the disbursements are actuallv made in 1 foreign currency the vouchers themselves should be taken and rendered to the Treasurv in the same currencv in which the disbursements are made; and when the value quoted in the Secretary of the Treasuiy’s quarterly proclamation of value of foreign coins (paragraphs 528, 585) is not used in the reduction of the payments to the currencj^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 monev of the countrv in which the transaction occurred, either in the foian of a certificate of a responsible banker or of the consular officer himself based on authentic quotations. (See paragraph 578.) AVhere a currency foreign to the standard currency of the country where the consular officer is located or a depreciated 222 CONSl’LAR RECfl LATIOXS. c*iin*en('V of said country is involved, a certificate must he furnished showing tlie relative value of the foreign or depre¬ ciated currency to the standard coinage of the foreign country whei*e the consular officer is located. VOUCHERS. 542. Uidess otherwise specially instru(*ted, a proper and satisfactoi*v A^oucher must be furnished for eA'eiw disl)urse- ment by consular officers. Vouchers should be in the hhig- lish language, or, if not, they should be accompanied by a careful translation- They should be full, shoAving exactly AN'hat the disbursement Avas for, and should be numbered and referred to in the corresponding account by number. Vouchers in a foreign language not accompanied by trans¬ lations Avill be suspended by the accounting officers. In all cases they must be original. Copies of A’ouchers Avill not be audited. (As to A'ouchers for telegi*ams, see paragraph 4G2.) CONTINGENT EXPENSES, UNITED STATES CONSULATES. 543. The account for contingent expenses (Form No. 90) is to be transmitted bA" consular officers to the SecretaiT of State t/ at the end of each quarter. It must contain e\’eiy item of necessary disbursement made by him during the quarter for Avhich it is rendered Avhich he deems properh’ chargeable to the GoA^ernment and for Avhich an alloAvance is claimed .—20 Sfaf. Tv., 38. Tliese items are divisible into three classes: 1. Those expressly alloAved by the Consular Regulations. 2. Those specially authorized in Avriting by the Department of State. 3. Those made under pressure of an emergency. In every case the expenditure mu.st be necessary in its nature, reasonable in its amount, and appropriate to the par¬ ticular consulate for Avhich it is made. Expenditui'es under the second class Avill only be authorized CONSULAR REGULATIONS. 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 heen 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 anv 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 officer, 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 507 fail to meet this account, the consul will draw for the deficit on the Sec- retaiy 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 paid 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 ma}^ occupy a part of the building in which he may have his consular offices as a residence for himself and familv, onlv such part of the premises as are actually occupied for the use of the consular office can be paid for out of the (fovernment’s allowance for rent. Consular officers whose annual salaries do not exceed 11,000 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 I'orm No. 91.)— R. 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 CONSULAR REGULATIONS. 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 ^>5()() for the vear. Thev are not authorized to draw for the «. «/ expense of office rent or for their compensation either upon the Department of State or the "rreasury. 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. 1732. 546. Postage.—Considar officers Avill 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 b(‘ charged in the account of a consular officer except on disi)atches and letters received and written b}’ him on official business and by reason of his office. (Paragraph 459.) The accounts for this disbursement will be carefullv examined. ft. 'Fhe Treasury Department has decided that it is unlawful for consular officers to buy ])OStage stamps with (Tovernment funds for their private or business letters, or to include in their accounts their private postage as a part of their expen- .,49fK 573. Accounts during absence of feed principal officer.—Ihira- graph 571 is also applicable in the absen(*e of a principal CONSULAR REGULATIONS. 237 officer who is compensated by fees, so far as tlie rendition of separate accounts and the furnishing* of the certificate relating to absence are concerned. The law (if. S., sec. 1782) jirovides 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 xirincipal officer and the vice-consular officer 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 tliese 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 iirincipal 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 iierformed by the other during the portion of the fiscal year he nia}^ have been in charge. ACCOUNTS FOR PAY FOR SERVICES TO AMERICAN VESSELS AND SEAMEN. 574. Accounts by feed officers.— Consular officers who are com¬ pensated from fees collected and iiayment for services iier- 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 REGULATIONS. manner shown by Forms Nos. 107,108, and 109, explained in tlie following i)aragrapli: Tlie accounts for services will be adjusted quarterly, ex¬ cept those of consular agents, wliich 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 tlie order of the officers to whom tlie amounts are due. No payments can in an}" 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 tlie 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., o6, sec. 12. Detailed re 2 :>ort of official services to American vessels and seamen. —This report (Form No. 108) 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, and amounts charged therefor. This form is to be sworn to be¬ fore an officer authorized to administer oaths. Fnd(‘r the head of “Remarks” on this form the consular officer should explain opiiosite the name of each United States steamer for ndiich the fee No. 100 of the tariff of fees is charged CONSULAR REGULATIONS. 230 “for receiving and delivering ship’s register and x^apers,” etc., the nature of the tri}) of the vessel, viiether “running regu¬ larly hy weekly or monthly trijis, oi* otherwise,” and state “ the foreign xx)rt where the princii^al offices of the steamshix) coni- l)an 3 ^ or owners are located.” AVhen a charge is made of fees Xos. 28 or 4G of the tariff of fees, the fact of the service being required by the custom-house or x)ort authorities must ])e stated in the oath of the consular officer to the said form; and it must also l)e stated in the oath of said form that each vessel for which the fee Xo. lOG of the tariff of fees is charged therein is a registered A^essel of the United States, and Avhere this fee is charged at Canadian j^orts the consular officer must include in his oath an additional statement tliat a reg¬ ular entiw and clearance Avas made at the custom-house in t/ the case of each A^essel Avhere such fee is charged. — B. S., secs. 1720, 1722, 1^222. Account current for fees and services.—An account current (Form Xo. 1G9) must be furnished, on the debit side of Avhich should be charged, in separate entries, the amount of com¬ pensation receiA^ed from official fees collected and the amount claimed for official seiwices to American A^essels 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 goA^- erned by the foregoing requirements in relation to official serAUces, and Avill render their quarterly reports in accord¬ ance Avith the i^jrescribed forms to the i:)rincix)al consular officer, aaOio Avill 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 serAuces rendered by them, the x)i‘incii)al consular officer must furnish receipts of the agents, shoAving 240 CONSULAR REGULATIONS. payment by him to them of tlie amounts due; otherwise tlie ''Jh-easury drafts will be remitted payable to the order of the agents Avho 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 t. is stationed or whether he draws a draft therefor. Drafts for the salary of a consular clerk are to he drawn on the Secretary of the Treasury and in the name of the consular clerk. The account mtiyhe rendered on Form Xo. 165. (Paragraph 517.) DRAFTS. 578. Xo drafts must be drawn except b}’ a duly authorized and (pialified consular officer. Drafts and accounts must not be transmitted by a consular agent. Drafts of consular offi¬ cers must not 1)6 made in foreign money, but for the equivalent value thereof in the currency of the United States. In dis- posing of their drafts consular officers 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 Xo. 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 si)ecial 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 cori-esponding account. (Paragraph 507 ) To prevent the dishonor of such bills or drafts consular officers should observe the form j)i‘escribed Avith a Anew to OA^ercomo this difficultA\ (Form Xo. 114.) CONSULAR REOULATIONS. 241 579. Indorsements by procuration. —IMlls of exchange (l^a^yn l)y 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 l)een duly made pajmble, 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 recpiired to see that no person receives money from the Treasury but b}" 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 Secretaiy of State or on the Secretary of the 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 x^aid until the accounts and vouchers for which they are drawn have been received, examined, and ai^proved. In order to secure their pavement, and to i^revent embarrassment and delay to holders, it is necessary that the accounts should be sent so as either to i)recede the arrival of, or be received at the same time with, the drafts. (ParagraxDh 566.) 582. Drafts to be filled out in handwriting of consular officer_ Whenever a draft is drawn by a consular officer, the blanks in the engraved forms furnished by the Department of State (Form No. 114) must be filled uj) by the drawer in his own handwriting; and foi* still further x^rotection against forgery, 17824 C R -16 242 CONSULAR REGULATIONS. or the i)ayiiieiit of fraudulent di-afts, the di-aft should be sealed with the consular seal. 583. On whom drafts drawn.—The drafts or bills of exchange drawn by consular officers for balances due to them on the accounts required to be transmitted to the Department of State (paragraph 53cS) 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- taiy of the Treasury. 584. Loss by exchange—Gain by exchange.—Accounts of con¬ sular officers for loss by exchange must be rendered quarterl}" 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 bjAiim- 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. (tI'oss amount of the draft in foreign currency. 4. liate of exchange. 5. Loss on the sale of the draft. 0. Xet proceeds in foreign currenc 3 \ 7. Xet proceeds in the currency of the United States. e given at the foot of the dispatch, and how many of each form are inclosed. Communications on letter paper should be folded in three folds, and those on cap paper‘in four folds. Note paper should never be used. The above instructions, it must be distinctly understood, apply only to correspondence and accounts and returns to be transmitted to the Treasury Department. Dispatches cover¬ ing accounts and returns for the Department of State must be prepared in accordance with instructions contained in paragraphs 117 and 120. 248 C () S U L A U R E (U’ L A T: O N S. Article XXVIII. CONSULAR REPORTS. 589. Subjects of consular reports—Consular officers are ex¬ pected to prepare, from time to time, reports upon the indus¬ trial and commercial interests of their districts for publication in the monthly and special Consular Reports and the annual volume. Commercial Relations. Among the subjects which should especially engage their attention are: 1. Condition of foreign commerce and internal trade, manu¬ factures, mechanical industries, agriculture, etc., especially— (a) Statistics of exports and imports; of shipping, and of revenue and expenditure of the country; amount of public debts, national and local; rates of taxation, character of tax¬ able basis, how taxation is levied and collected, amount of taxation per capita, etc.; character of government currency and the standard of value; actual value in exchange, and also as measured lyv the dollar of the United States; changes in purchasing power of the currency; lianking—new systems, especially of savings banks and of banks or associations for lending money to agriculturists, mechanics, and factory o})era- tives; public loans and other matters of finance affecting the industrv or commerce of the countrv; commercial credits— rates and periods usually granted td foreign i)urchasers, and those expected from foreign shippers; trade usages and pecul¬ iarities; special demands of consumers as to kind and qual- itA’ of goods or supplies already in use or capable of being introduced among them, with suggestions as to the best and most economical styles of packing to conform to local re(piire- ments of sale and transportation. (/>) Improvement of old and development of new indus¬ tries, including inventions or discoveries, and the results obtaiiu'd fi*om the ])ractical api)lication of them. (r*) Introduction of inventions made in the United States CONSULAR REGULATIONS. 249 or imitations of them; application of business or mechanical methods emploj^ed in the United States. (d) Importation and use of food supplies, raw materials, and manufactures from tlie United States, or the possibility of introducing them, and local or race requirements to make them acceptable to foreign consumei*s. '2. Facilities for direct and indirect communication with tlie United States—establishment of new ocean or interna¬ tional railroad lines or agencies; development of internal transportation lines—railroads, highways, and steamboat or other carriage on rivers and canals, or betterment of them; opening up of new trade routes or abandonment of old ones; changes in transportation rates, both freight and passenger, which are of genei*al interest to commerce; bounties or sub¬ sidies to 1 ‘ailroads and shipping. 3. Development or decline of commercial and manufactur¬ ing centers; causes of drift of agricultural population to towns and cities; diversion of trade from one local market or district to another; projects for great manufacturing or other industrial enterprises, for harbor or river improvement, for better methods of lighting, street paving, water supply, sew¬ erage and disposal of sewage; economy of municipal taxation and expenditure; hygienic and quarantine measures; police systems, urban and rural. 4. Changes in economic condition of producing communi¬ ties, urlian and rural; fluctuations in rates of wages, cost of living, prices of products, raw and manufactured, esjiecially of food supplies, wearing apparel, agricultural and domestic implements, machinery, etc.; scarcity or glut of articles of consumption of all kinds, particularly those produced in the Ignited States; changes in hours of labor or other conditions affecting workingmen; trades unions; strikes and lockouts; systems of cooperation and profit sharing; government meas¬ ures (national, municipal, or local) or private (organized) 250 CONSULAR REGULATIONS. projects for insurance or care of infirm or superannuated laborers, foi* improved sanitation of factories and dwellings, for regulating the labor of women and children, and for com¬ bating usury in the lending of money; technical and com¬ mercial education; museums, exhibitions, merchants’ unions, and similar organizations for promoting trade, and the func¬ tions assumed by the state in connection therewith. 5. All changes in tariff legislation, including new rates of export, inniort, oi* transit duties, special care being taken to state whether they discriminate in favor of or against the United States as compared with other countries. When a wholly new tariff law is enacted, it should be given in full, with an explanatory statement of increase or decrease in du¬ ties as compared Avith the tariff previously existing. Prompt notice of contemplated changes in tariff legislation should be sent to the Department. By tariff legislation are meant not only measures affecting export and import duties, but also those relating to customs administration, transit duties, octroi or municipal taxes upon supplies entering cities and towns, taxes imposed upon the export or import of articles from one political district of a country (such as a state, province, (‘antoii, arrondissement, etc.) to another, tonnage taxes and port dues, or other taxes upon shipping, etc. (). Legislation oi* proposed legislation of interest to farmers, merchants, manufacturers, inventors, etc., such as changes in ])at(mt, trade-mark, and copyright laws; laws to prevent adulteration of food, or to prohibit im])ortation or sale of adult(‘rated or impnr(‘ food; laws pi'ohibitoiy of imiioiTation of diseased animals, impure seiKls, etc.; measin‘(‘s discrimi¬ nating foi‘ OI* against any particular class of [iroducts or against imports from any(*ountry; bounties granted to siiecial lines of manufacture or agricultural ])roduction; changes in legislation coiu'erning agricnlt nral, commer(‘ial, or industrial CONSULAR REOULA'J'IONS. 251 concessions, such as government land grants, railroad bonuses, special privileges, and exemptions for colonists; encouragement to or restriction of immigration; rights of citizenship; taxation or exemption of manufacturing plants, machinery, and implements; licenses to trade; taxation of commercial travelers; legislation as to bankruptcy and collection of debts, etc. Also decisions of courts or of govern¬ ment officers on important commercial questions; government regulations relating to law charges; changes in commercial procedure. 7. Undertakings and enterprises of moment—the construc¬ tion of public works, the opening of mines, the granting of concessions for working minerals or forests, or for other similar purposes. 590. Form and object. —These reports* are intended to be a faithful reflex of actual conditions. For that reason consu¬ lar officers should not yield to any temptation to construe facts or figures in advocacy of their individual theories oi* opinions. Data should be obtained, as far as possible, from official sources, and the origin should in all cases be clearly stated. When quotations are given, they should be carefully designated as such with the proper quotation marks, in order that they may not be confused with the individual statements or conclusions of the consular officers. The main objects in view in the preparation of the reports should be the supply¬ ing of accurate information for the benefit of the producers, manufacturers, and shippers of the United States in the gen¬ eral expansion of our commerce, and especially in the open¬ ing of new markets in foreign lands to American industiy, enterprise, and inventive skill. Abbreviations, frequently causing doubt as to the word or phrase intended to be expressed and unnecessary labor in editing reports, should be avoided. Special care should also ('OXSULAR REGULATIONS. 25'J be taken in writing- personal and geograpliical names and local words or phrases, so as to make them clearly legil)le, as there is often no means of interpreting them. Attention is also called to the fact that consular officers occasionally omit t. to date or sign their reports, making it difficult for the Department of State to identify them. 591. Reports to be communicated solely to the Department_ While it is desired and expected that consular officers should rei)ly to all pro])er inquiries I’especting the means of promot¬ ing the trade of the Tnited States, it should be understood that the statute contemplates that the publications of the Department of State should be the chief means of communi¬ cating consular reports and commercial information 1o the i)ublic. ('onsulai* officers ai'e accordingly ])rohibited from furnishing copies of their reports, or reports or articles upon the trade or commerce of their districts, for any other publi¬ cation or to i)rivate persons. Such reports will be communi¬ cated only to the Department of State, and the fact tliat they liave been j)repared should not be disclosed until after they shall have been submitted to and acted upon by the Depart¬ ment. The reason for these restrictions is to ])e found in the fact that the Department alone must be the judge of the pro¬ priety of disclosing any information obtained by consular officers either to individuals or to the general public. In cases where ])ersons have been notified beforehand that cer¬ tain infoi’ination has been forwarded to the Dei)artment l)y a eonsulai* officer, enibari*assment has fi-e(iuently result(‘d fi-om a d(‘cision by the Department adverse to communicating the pai’ticular :overnment negotiating the same.—7iL S., secs. ^127, U29; 20 Sfaf. L., 131. 617. Uncivilized countries.—The consuls and commercial agents of the United States at islands or in countries not inhal)ited In^ any civilized peoide or recognized by any treaty with the United States are also invested bv statute with the power to hear and determine all cases in regard to civil rights, whether of persons or property, where the real debt or dam¬ ages do not exceed 81,000, exclusive of costs, and upon full hearing of the allegations and evidence of both })arties, to give judgment according to the laws of the United States, and according to the etiuity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdic¬ tion.— R. S., .sec. Ji.088. They may also issue warrants to arrest offenders; arraign, try, and convict them; and punish them to the extent of 8100 line or imprisonment not to exceed sixty days. And gen¬ erally they ai*e invested with the ])owers conferred by the K(‘vised Statutes (sections 4080 and 4087) for the tiOal of offenses or misdemeanors.— R. aS., sec. lf.088. 618. Constitutionality.—The Sui)reme Court of the TTiited States has held that the National (Government has power to make treaties ])roviding for the exercise of judicjal authority in other countries by its officers api)ointed to reside therein, and that the provisions of Title XI Ad I of the Revised Statutes for the trial of felonies without indictment by a grand jury and trial by a ])etit jury are constitutional .—lliO (7. N., J^oS. 619. Mixed courts in Tunis, Morocco, and Tripoli.—In Tunis, CONSULAR REGULATIONS. 265 Morocco, and Tripoli, citizens of the United States coin- mitting murder or homicide upon a subject of those powers are to be tried by a mixed court, at whicli the consnl is to “ assist.” 620. Usages in Turkey. —The undisputed portion of the fourth article of the treaty of 1860 with the Ottoman Porte provides for the supervision of the American dragoman in the hearing of all litigations and disputes arising l)etween the subjects of the Sublime Porte and citizens of the United States. It is not in dispute that the usages observed toward other Franks are to be observed toward citizens of the United States. These usages are believed to be the following: 1. Turkish tribunals for questions between subjects of the Porte and foreign Christians. 2. Consular courts for the business of each natioii of for¬ eign Christians. 3. Trial of questions between foreign Christians of differ¬ ent nations in the consular court of the defendant’s nation. 4. Mixed tribunals of Turkish magistrates and foreign Christians, at length substituted in jiart for cases between Turks and foreign Christians. 0 . Finally, for causes between foreign Christians, the sub¬ stitution at length of mixed tribunals in place of the sepa¬ rate courts—this arrangement introduced at first by the lega¬ tions of Austria, Great Britain, France, and Russia, and then tacitly acceded to by the legations of other foreign Christians. 621. Most favorable usage to be claimed in Turkey. —Whatever favorable usage may be observed toward subjects or citizens of Great Britain, France, Austria, Italy, Russia, Germany, or of any other great power, must be claimed and insisted upon in favor of citizens of the United States: for bv the first arti- cle of the treaty of February 25, 1862, between the United States and the Ottoman Emxiire, it is agreed that all rights, Xjrivileges, and immnnities granted to the subjects of any CONSULAR REGULATIONS. 1>G6 other foreii>:n power shall be eciiially granted to and enjoyed bv the eitiz(Mis of the United States. 622. Treaty of 1858 with China.—The I'evised treat}* with C'hina of 1858 (article 11) provides that if controversies arise between citizens of the United States and subjects of China which can not be amicably settled otherwise, the same shall be examined and decided conformably to justice and e(inity In* the ])iil)lic officers of the two nations, acting in conjunction. 623. Criminal jurisdiction.—Consuls in the coiinti’ies herein- befoi-e mentioned are emi)owei‘ed to ai*raign and try at the ])osts for which they are appointed, and in the manner pro¬ vided in Title XL\"II of the Revised Statutes, all citizens of the United States charged with offenses against law, com¬ mitted in such countries respecdively, and to sentence such otfeuders in the manner therein authorized, and to issue all such ])rocesses as ai‘e suitable and necessaiy to carry this authority into execution. — R. S., secs. Jf087. 624. Civil jurisdiction.—Consuls are invested with all the judicial authority necessaiy to execute the provisions of such treaties, res[)ectively, in regard to civil rights, whether of property or iiei’son; and such jurisdiction embi*aces all con¬ troversies between citizens of the United States, or others, lirovided foi‘ by such treaties. They shall entertain jurisdic¬ tion in matters of contract at the port where, or nearest to which, the contract was made, or at the poid at which, or nearest to which, it was to be exe(‘uted, and in all other mat¬ ters at the ])ort where, or nearest to which, the (*aus(* of con- trovei'sy arose, or at the port wluu-e, or nearest to whi(*h, the damage ('omplain(‘d of was sustain(‘d, pi-ovided sindi j)oi-t be one of the jiorts at whic'h th(‘ United States are rei>resented by consuls. — R. »S'., sec. 625. Mode of proceeding.—'Fhe mode of proceeding and the laws by which consular ollic'crs are to b(‘ goveriUMl ai*e pre- sf'ribed or ])i‘ovide’ in tlie countiy an offense ai 2 :ainst law.— R. S., nee. J/)81. 629. American seamen.—Tlie judicial authority of the con¬ suls of the United States over American citizens extends over all persons duly shijiped and enrolled upon the articles of any merchant vessel of the Ignited States, whatever lie the nationality of such jierson. And all offenses which would he justiciable by the consular courts of the United States, where the pei'sonsso offending are native born or natui*alized (‘itizens of the United States employed in the merchant serv¬ ice thereof, are equally justiciable by the same consular courts in the case of seamen of foreign nationality. And so likewise as to seamen serving on board xniblic vessels of the Ignited States who have committed offenses on shore .—IJfi U.S.,V^3. 630. Seamen of Navy convicted of felony.—A seaman of the Navv who is convicted in a consular court of a felonious offense (as distinguished from cases of overstaying leave, dis¬ orderly conduct, drunkenness, and otlier comparatively minor offenses of which, under the Navy regulation of November 2, 1875, the naval and consular authorities have concurrent juris¬ diction) ceases from the date of such conviction to be in the naval service of the United States, and should be dealt with 1 lienceforth as a pi-ivate individual. Therefore, consular offi¬ cers sliould ])i‘omptl 3 ' notify the commanding officer of tlie vessel on whi(‘h th(‘ man served, or the commander in charge of the squadi'on, when any such conviction occurs, and he in turn will communicate to the consular officer the action subse- ((uently taken by him under oi*ders of the Navy Dejiartment. 631. Original jurisdiction.—The power of commencing origi¬ nal civil and (*riminal jiroceedings is vested in consuls exclu¬ sively, exce[)t-that (*apital cases for murder oi‘ insurrection auainst th(‘ government of th(‘ (‘ountrv in Avhich thev reside CONSULAR REOULATIONS. 269 l)y citizens of tlie United States, orotfenses against tlie pul)lic peace amounting to felony under the laws of the United States, should be tried before the minister of the United States in the country where the offense is committed, if allowed jurisdiction; and excei^t, also, that original jurisdiction is vested in said ministers respectively in cases where a consular officer shall hajipen to be interested either as part}^ or as witness.— R. 8., secs. 1^.090^ JflOO. 632. Contempt . —Consuls may impose fines to the extent of $50, or imprisonment not exceeding twenty-four hours, for contempt committed in the presence of the court, or for fail¬ ure to obey a summons.— R. 8., sec. 633. Associates in criminal cases. —Whenever, in any case, tlie consul is of opinion that, by reason of the legal questions which may arise therein, assistance will be useful to him, or when¬ ever he is of opinion that severer punishment than $500 fine or ninety days’ imprisonment will be required, he shall sum¬ mon to sit with him on the trial one or more citizens of the United States, not exceeding four, who shall lie taken liy lot from a list previously submitted to and approved bj- the min¬ ister and who shall be persons of good repute and competent for duty. Every such associate shall enter upon the record his judgment and opinion, and shall sign the same; but the consul shall give judgment in the case.— R. 8., sec. J^IOS. 634. Capital cases. —In trials for cax)ital offenses there must be not less than four associates, who must all concur in oj^inion with the consul; and their opinion must be approved by the minister before there can be a conviction. But a xter- son j>ut upon trial for a caitital offense may be convicted of a lesser offense of similar character.— R. 8., secs. Jfl02., J^IOG. 635. Associates in civil cases. —Whenever a consul is of oxtin- ion that an}^ case involves legal x^eiqtlexities, and that assist¬ ance will be useful to him, or whenever the damages de¬ manded exceed $500, he shall summon to sit with him on the 270 CONSULAR REGULATIONS. licariii^’of llie case not less tlian two nor more tlian three citizens of the Tnited States, who shall be taken from a list pi'evionsly submitted to and approved by the minister and who shall be of good repute and competent for duty. Every such associate shall note upon the record his opinion, and also, in case he dissents from the consul, such reasons there¬ for as he thinks pi*oper to assign; but the consul shall give judgment in the case.—77. /S'., nee. Jil07. 636. Punishments—In the infliction of punishments on per¬ sons convicted in consular courts consular officers will be governed by the provisions of the statutes of the United States i)rescribed for similar offenses, and will be careful that the sentence in each case is in conformity thereto. Con¬ sular courts have no power to banish American convicts to the United States or other countries, nor to send them to the United States to serve out their terms of imprisonment.— 1 Whart. Inf. L. Dig.^p. 805; IJ^ Op. AH. Gen.^522; 10 id.^377. 637. Settlement of civil cases.—It shall be the duty of the min¬ isters and the consuls in countries in which thej^are invested with judicial authority to encourage the settlement of contro¬ versies of a civil character by mutual agreement or by sub¬ mitting them to the decision of referees agreed upon by the l)arties; and the minister in each countiy shall prepare a form of submission for such cases, to be signed by the parties and acknowledged before the consul. When parties have so agreed to refer, the referees may, after suitable notice of the time and i)lace of meeting for the trial, })i*oceed to heai* the case, and a majority of them shall have power to decide the matter. If either party refuses or neglects to appear, the referees may pi*oceed ex i)arte. After hearing any case such 1 ‘eferees may deliver their award, sealed, to the consul, who, in court, shall open the same; and if he accepts it, he shall indorse the fact, and judgment shall be rendered thereon and • execution issue in compliance with the terms thereof. The CONSULAR REGULATIONS. 271 parties, liowever, may always settle the same l)efore return thereof is made to the consul.—if. S., sec. J^OOS. 638. Settlement of minor offenses. —In all criminal cases which are not of a heinous cliaracter it is made lawful for the par¬ ties aggrieved or concerned tlierein, with the assent of the minister in the country or of the consul, to adjust and settle the same among themselves upon pecuniary or other consid¬ erations.—if. aS'. , sec. Jf()99. 639. Nomination of associates. —It is the dutvof a consular offi- cer after arrival at his post to make himself ac(|uainted with the leading resident citizens of the United States, in order that he may nominate for the approval of the minister a list of individuals for the purposes of the statute.—if. S., sec. JflOS. The list should be full, so as to embrace, if possible, every interest in the community. It should be composed exclu¬ sively of citizens of the United States of good repute residing at the place. It should be sent to the minister for approval. From time to time it should be revised. No person should be permitted to act as an associate on a trial who has any interest, direct or contingent, in the result of the suit. 640. Forms of proceedings. —It is provided that the ministers, with the advice of the. several consuls, shall prescribe the forms of all processes to be issued from the consular courts and the mode of executing and time of returning the same; the manner in which the trial shall be conducted and how the records thereof shall be kept; the form of oaths for Chris¬ tian witnesses and the mode of examining all other wit¬ nesses; the costs to be allowed to the prevailing party and the fees to be paid for judicial services;^ the manner in which all officers and agents to execute process shall be appointed and paid; and the form of bail bonds and the se¬ curity which shall be required from the i)arty who appeals ’ These fees are official and must he adjusted at the Treasury Depart¬ ment. (See paragraph 521.) CONSULAR REGULATIONS. from the decision of a consul. And he shall make all further decrees and regulations from time to time that may be neces¬ sary. It is the minister’s duty, also, to establish a tai-iff of fees for judicial seryices to be ])aid by such parties and to such pei'sons as he shall dii*ect.— R. S., secs. Jfll7-Jfl20. 641. Usages.—The forms and practice in each consular court haye now become settled by usage. Each consul will conform to them. If defects in any part of the existing sys¬ tem b(^ discoyered, consuls should call the attention of the diplomatic representatiye of the United States to them. The power of directing a change is yested by law in that officer.— R. S.. secs. JR]7-Jfl2(). 642. Evidence.—In all cases, criminal and ciyil, the evidence shall be taken down in writing in open court, under such reg¬ ulations as may l)e made for that purpose; and all objections to the competency or character of testimony shall be noted, with the ruling in all such cases. The evidence so taken down shall be a part of the case.— R. S., sec. Ji.097. 643. Appeals to minister.—The minister is authorized to hear and decide all cases, criminal and civil, which may come before him on ai)peal, and to issue all processes necessary to execute the ])ower conferred upon him; and he is fully eni- ])owered to decide tinally any case upon the evidence which comes up with it, or to hear the parties further, if he thinks justice will be promoted thereb 3 \ He may also i)rescribe the rules u])on which new trials may be granted, either by the consul or l)y himself, if asked for upon sufficient grounds.— R. S., sec. J2f91. 644. Appeals to minister, when allowed .—\n appeal is allowed from the consul to tlie minister in th(‘ following cases: In civil cases— (ft) When th(‘ consul sits with associates and any of them ditfer from him. If no app(‘al is lawfully claimed, the deei- sion shall lx* tinal.— R. S., sec. CONSULAR REGULATIONS. (h) Ill Cliiiia and Japan, wlienevei* tli(‘ matter in dispute, exclusive of costs, exceeds «!>50() and does not exi'eed 't2,50().— R. S ., .scr*. 4-^m. In criminal cases— (a) When the consul sits with associates and any of them differ from him. The case shall be referred to the minister for his adjudication.— R. S., sec. JflOH. (h) When the consul sits alone and the fine exceeds 1100 or the term of imprisonment for the misdemeanor exceeds sixty days. The appeal may be either upon errors of law or matters of fact.— R. S., sec. Jt.089. 645. Appeal to United States circuit court. —An appeal is al¬ lowed from consuls in China and Japan directly to the United States circuit court for the district of California whenever the matter in dispute, exclusive of costs, exceeds I2,e500.— R. S., sec. Jf.093. 646. Judgments of consuls final. —The judgments of consuls are final in the following cases: In civil cases— (a) When the consul sits alone and the damages demanded do not exceed 1500.— R. S., sec. Jfl07. (h) When the consul sits with associates and they concur with him; except that in China and Japan, if the matter in dispute exceeds 1500, exclusive of costs, an appeal is allowed.— R. S., secs. 4-992, In criminal cases— (o) When the consul sits alone and the fine does not exceed $100 or the term of imprisonment for the misdemeanor does not exceed sixty days.— R. S., sec. (b) When the consul sits with associates and they concur with him, exceiff in capital cases.— R. S., sec. 4196. 647. Appeal from minister. —In China and .lapan an appeal is allowed from the minister to the United States circuit court 17824 C R -18 274 CONSTTTMK KEGITLATTONS. for tlu‘ (listi-iot of C'alifornia (1) on any final jiidjiment j>iv(‘n in tli(‘ (‘X(*r(*ise of orii»‘inal jnris(li(*tion, wlien the matter in (lispiit(‘, ex(‘liisive of eosts, exceeds $2,500; and (2) on any final ,jud<»in(‘nt ,i>iven in the exercise of original or appellate (*riniinal ,jiirisdi(*tion, if the i)erson charged with the crime or offense considei*s the jiidgnumt erroneous in point of law. I>nt such an appeal does not operate as a stay of ])roceedings, unless the minister (‘ertifies that theie is i)robable cause to grant the saimx — R. S., secs. 648. Appeal record.—The i*ecoi*d on appeal from a consnlai’ coin-t should include the pleadings, depositions, and all other 2)roceedings in the case and show an allowance of the appeal. The transcrijd sliould be a single document, certified at the end as being a full and correct copy of the proceedings in the case and authenticated by the official signature and the seal of the consul .—o Sau\, 70. 649. Marshals.—It is the duty of marshals to exe(*ute all j)rocess issued by the mini.stei* of the United States, or l)y the consuls at the port at which they I’eside, and to make due return thereof to the officei- by whom it was issued, and to conform in all respects to the regulations i)i‘escrit)ed by the minister in r(‘gard to theii* duties. They shall also make ([uarterly returns to the Secretary of State, showing the nature of each (*ase determined in the consular court, the i)roceed- ings in connection therewith, and the disposition of the fines and fees (Foi*m \o. Tf7). ddie (piai'tcM’ly report of a marshal should b(‘ s(Mit to the I)e])artment of State by the consul at the same tim(‘with other (piarterly reports.— R. *S., sec. 7^112. 650. Report on condition of estates of decedents.—Consular ofli- cei'S charged with the judicial functions referred to in this aiiich* will make a semi-annual re])ort to the Department of Stat(‘ ill the case of each estate of deceased American citizens that has ('om(‘ within their probate Jurisdiction. (Paragraph oSi;). The first report shall b(‘ made within six CONSI LAK REGULATIONS. months after tlie death and subsequent reports at the end of every six months; i)ut the Department may at any time call for such special reports as it may deem proper. These reports will embrace the amount of the decedent’s estate, botli personal and real; the names of the parties interested, so far as known; the name of the administrator or of the executor, if there be a will; the exact amount of money that has come to the hands of the court or to those of the administrator or executor; if there has been any distril)ution of the estate, the amount of such distribution and to whom made; and the amount of all expenses and court or other fees re¬ ceived. They should also contain a clear statement of the judicial proceedings in each case, together with any informa¬ tion that will enable the Department to reach an accurate understanding of its condition. 651. Moneys of estates to be delivered up.—Upon the entiy on duty of a successor to a consul, the outgoing consul shall turn over to the former all moneys that may be in his hands be¬ longing to the estates of deceased citizens, taking tripjlicate receipts therefor, one of which is to be retained by the outgo¬ ing consul, one deposited in the consulate, and the third transmitted to the Department of State. If a consul is re¬ moved, or if he resigns and leaves his post before the arrival of his successor, the transfer of such moneys shall l)e made to the vice-consular officer and like receipts taken. 652. When no minister. —If at any time there be no minister in either of the countries mentioned in Title XL YU of the Revised Statutes, the judicial duties imxmsed by its provisions upon the minister shall devolve upon the Secretary of State, who is authorized and required to discharge them.— R. S., sec. 4m. 653. Definitions. —The word “minister” when used in this article means the j^erson invested with and exercising the principal diplomatic functions. The word “ consul” means 27 (> CONSULAR REGULATIONS. any person invested by the Ignited vStates with and exereis- ini>’ the funetions of (‘onsul-i^’eneral, vic'e-consul-geiieral, eon- snl, ()!• viee-eonsnl.— R. S., ser. JR30. Aktk'le XXXI. CUSTOMS REGULATIONS. INVOICES OF IMPORTATIONS. 654. Ports of entry.—The eustoins laws of the Ignited States re(piire that imported merchandise sliall be entered at cer¬ tain ])orts oil tlie coast oi* frontier called “ports of entry.” "Idle mercliandise on arrival at the port of entry may be (Mitered for immediate consumption, in which case it is ap- jiraised, examined, classifliMl, and delivered to the consignee on payment of the estimated duty; or it may be entered in bond for appraisement and storage in any jniblic or private bonded wai*elionse.— R. S. , .scc.s. 3770,2772, 2002. \ list of t he customs collection districts, with their respective ])orts of entry and delivery, is published from time to time by the Secretary of the Ti*easnry and furnished to consuls. 655. Immediate-transportation ports.—^Vt certain s])ecified ports mercliandise may be entered informally for immediate transportation, without appraisement, to certain specified porls of delivery, where ])rovision is made for entiw and appraisement in the same manner as at an original port of arrival. Lists are jniblished from time to time by the Secre¬ tary of the Treasury of the ports at which merchandise may be (Mit(M-(‘d for immediate transportation, and also of the nlt(‘- rioi* ])orts to which imn’chandise may lx* so transported .—21 Sh(f. L., 173. 656. Consignee deemed owner_Must be resident.—All mer- chandis(‘ imported into the Tnited States is, forcMistoms pni*- jioses, deemed and Indd to be the properly of the tierson to CONSULAR EECniLATIONS. 277 whom the merehandise lias been eonsigiied. Tlie liohler of any bill of lading covering merchandise consigned to order and indorsed by the consignor is deemed the ('onsignee thereof. In case of abandonment of merchandise to the underwriters they may be recognized as the (*onsignees.— Hfai. L., 131^ sec. 2. The consignee must be a resident of the United States to enable him to make entry of iniiiorted merchandise.— H. IJfOlO. 657. Certified invoices required. —Except in case of [lersonal effects accompanying a passenger, no imported merchandise exceeding $100 in value will lie admitted to entry without the production of a duly certified invoice thereof, or of an affida¬ vit by the owner, importer, or consignee before the collector, showing that it is inpiracticalile to produce such invoice.— 26 Sfcif. L., 131^ sec. Jfj S. 13698. This rule applies to importa¬ tions of furniture and liousehold effects of jirivate persons, to merchandise imported for the use of the United States, but not to merchandise which is the product, growth, oi* manufactui-e of the United States i*eturned after exportation therefrom. The declaration (Form Xo. 129) prescribed in paragraph 713 is sufficient for returned American merchandise.— S. 11^216, (Paragraphs 706, 712-716.) 658. Personal effects. —Wearing apparel and other personal effects (not merchandise) of persons arriving in the United States are entitled to entry Avithout certified iiiAmices. But this exemption does not include articles not actually in use and necessaiy and appropriate for the use of such x^ersons for the pui’x^oses of their journe}^ and x^i'^sent comfort and convenience, or Avhich are intended for any other x^ersons or for sale .—Tariff of 189par. 669; S. 12630^ lo306. They must actuall}^ accompany the x^^ssenger, unless sent by other conveyance on account of accident or other cause l)eyond the owner’s control.— 131^90., lJf-k89^ 1536Jf, 16597. 659. Transit goods. —Mc^i-chandise through the 278 CONSULAR REGULATIONS. Tnited Slates in transit to a foreign eonntiy and goods sliipped fi-oni one ])ort or ])laee in the United States tlirongh foreign tei*ritorv to another jiort or place in the United States are not importations, and such shipments do not re(inii‘e c(M*titied invoie(‘s.— U. S., 27S; S. 0S78, 11778, 13U01, U-Ui], lo3J^8, 13782, 13313. 660. Gold and silver bullion.—Specie and gold and silver bul¬ lion, transmitted as money in the regular method of foreign ex(diange, are not subject to the restrictions imposed ni)on imported merchandise; but bullion exceeding 1100 in value, alleged to be imported as money, will not be admitted to en¬ try without a consular invoice or a bond for the production of such invoice, unless it be shown by the shipper’s declara¬ tion made b(‘fore the consular officer at the port of shipment that such bullion is intended to be forwarded as money or medium of exchange at a tixed value per ounce, and not as mei-chandise.— aS. 11833, 13332, U122, 11^373, 16881^. 661. Importations broken into small lots.—ImpoiTations not exceeding |>10() in value niav be admitted to entrv for con- sumption or for immediate trans])ortati(ni without a certifi(‘d invoi(‘e and without requiring a bond for the ])roduction of such invoi('e; but if the collector believes that the imjiorta- tion has been broken into small lots for the pui*pose of evading the re(iuirements of the law, he may demand a bond for the pi'oduction of a (*ertified invoice. Consular oth(‘ei-s will notify (‘ollectors of suspected divisions of shipments in evasion of the law and will furnish them with such evidence of fraudulent intent as may be obtained.— H. 13233, 13373, llJ/)7, 121f2(f, 13331, 13Jfl3it, 16331, 13333. 662. Preparation of invoices.—Invoices must be made out on fn*m, dui*abl(‘ [laper, in legible and ])ermanent characters, by writing with ink or by otliei* ])i‘o(*css j)rodn(*ing th(‘ same i-esult. Pi-(‘ss copies will not be a('('ei)t(Ml. Hectograph (*cpies will b(* i-ej(‘ct(Ml, (‘xcept that a hectogi-aph copy of a long and CONSULAR REGULATIONS. 279 involved invoice, nently and legil)ly [)i-odiiced on durable paper, may be accepted. Shippei*s sliould b(‘ recpiired to have the invoice statements (dear, legible, well arranged, and free from error, in order to avoid difficulty and delay in enter¬ ing the merchandise and in the li(|uidation of the entry.— C^ist. Reg., 290; S. 19276. The invoice is re(iuired to be in triplicate (three originals); and in case of merchandise in¬ tended for immediate transportation to another port without appraisement it must be in (piadruplicate. —26 Stat. L., 131, sec. 2. 663. Consolidating invoices. — Merchandise i)ui*chased for export to the United States must not be included in one invoice with merchandise obtained otherwise than by pur¬ chase. It is desirable that an invoice shall include onlv one shipment of merchandise from the same place to the same consignee. Merchandise shiiiped to different consignees should not be included in the same invoice.— S. 1371^9. .Vs to invoices of fruit, see S. l(j()05. The consignor need not be the owner of the merchandise, and the consignee may be a distributing agent who forwards the merchandise after ently to several parties for whose use it was exported. — 8. 9999, 12602, 13012, 13711, U081, 16609. 664. Consignment to branch house_Merchandise sold to an importer in the United States, but shipped to the seller’s branch house in the United States for delivery to the pur¬ chaser, should be invoiced as merchandise consigned bj" the seller to his branch house. (Form No. 139.) 665. In what currency stated.—Invoices of merchandise for exiiort to the United States must be made out iii the currency of the place or country from which the exportation is made; or, if luirchased, in the curi*ency actually paid therefor. The market value of merchandise obtained otherwise than by purchase must be stated in the invoice in the standard coin currencv the countrv from Avhi('h the merchandise is t- •- 2S0 CONSULAR KEGULAJ'IONS. exj)<)ile(l, altli()ici»:h a deprociaUMl (*iiiTeii(*y may be in eii’cii- latioii thei*e.—2d St(d. L., 131^ sec. 2; T(trijf of sec. 23; S. 10387, 113lit, llOJil, 13Jf83, 11^21^3, lf280, 151^33. 666. Description of goods.—Tlie invoice must contain a correct (lesei’iption of tlie meinduunlise, using in ea(‘h item tlie name, if any, by wliieli tlie particnilar variety is known to tlie trade' in the country of production oi‘ exportation. The descriji- tion should show its kind, (piality, component ])ai*ts, and such oth(‘r characteiasties as will enable a person not an expert to identify the merchandise as produced in the' foreign market, and will assist consular and atniraising offic'crs in (h*- tecting any deiiarture from the aedual mai’ket value thereof.— S. 0703, 101)08, 13005, llf.330^ 11^083. Vague and misleading specifications are ])rima facie indications of fraud, and should l)ut the consul on inquiry. They may also result in expensive' eom])lications to the importer, who is held to the statements contained in his invoice and entry. Invoices must expi*ess the (luantities of the merchandise in the weights and meas¬ ures of the country of exportation, and they are usually, but not necessarily, made out in the language of that country.— 13222, 13W. 667. Invoice to be signed.—If the merchandise was obtained bypurchasi', the invoice is to be signed by the person owning or shijiping the same; and if it was pi’ocured otherwi.se than by purchase, it is to be signed by the manufacturer or owner. In case the juirchaser, manufactui-ei‘, or owiu'r can not for any ri'ason sign, a duly authorized agi'iit may sign foi* him and in his name. (Paragi‘aph()72.) The signatni'c may be ahixi'd to th(' invoice at the shippei‘’s place' of busiiu'ss, at tlu' con¬ sular otfice, or elsewheri'.— 23 Sfof. L., 13U sec. 2; S. 13380. 668. Shipper’s declaration.—At or before the' shi])ment of the merchandise' the invoice' must be pi’oelue'e'd (in jicrson, not throngh the' mails or by me'sse'iige'r, *S'. 127JfO) tei the e*onsular ollie'e'i’ of the' Vnited States foi* the' e*onsnlar eli.strict in which CONSULAR REGULATIONS. 281 the merchandise was manufactured or purchased, as the case may be, for export to tlie United States; and it shall have indorsed thereon, wlien so produced, a declaration sij 2 :ned by the purchaser, manufacturer, owner, or a^ent, in the same manner as the invoice is signed, setting forth— 1. That the invoice is in all respects correct and true. 2. That it was made at the place from which the merchan¬ dise is to be exported to the United States. 3. That it contains, if the merchandise was obtained bv l)urchase, a true and full statement of the time when, the jilace where, and the person from whom the same was pur¬ chased, iirice paid or to be paid therefor, and of all charges thereon as provided by law. 4. That no discounts, bounties, or drawliacks are contained in the invoice other than such as have been actuallv allowed thereon. 0 . That it contains, when the merchandise was obtained in any other manner than by purchase, the actual market value or wholesale price thereof, at the time of exportation to the United States, in the principal markets of the country whence exported. (). That such 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 the manufacturer or owner making the declaration would have received, and Avas Avilling to receive, for such merchandise if sold in the ordinary course of trade and in the usual wholesale quantities. 7. That it includes all charges thereon, as i)rovided by law. 8. That no different invoice of the merchandise mentioned in the invoice so produced has been or will be furnished to anvone. 0. If the merchandise was actually j)urchased, the declara¬ tion shall also contain a statement that the currency in Avhich 282 CONSULAR REGrULATIONS. such invoice is made out is that which was actually paid for the merchandise hy the purchaser. The declai*atiou may be accompanied by a translation into the lanjtuaj^e of the country of export, printed on the same paper in a parallel column with the English original .—26 Si at. L., 131, .sec. 3. 669. Further declaration when goods subject to ad valorem duty.—Shippers of goods subject, either wholly or in part, to a duty based upon their value must in all cases make a further declaration (on the same form) setting forth sepa¬ rate! v— 1. The net ])rice of the merchandise free from all charges of commission, packing, etc., or, in case the merchandise is shipped on consignment, the actual net market value thereof in the i)rincipal markets of tlie country from which the ship¬ ment is made, by its weight, measure, or quantity. 2. The cost of transportation to the port of shipment. 3. Tlie cost of shipment. 4. The amount of packing charges, including boxing, til- loting, i)acking, cartons, etc. 5. Insurance, commissions, discounts, legalization, and all costs of any kind, iiature, or description incuri’ed in prei)ar- ingthe goods foi- the market of the United States, separately set foi’th. Wlien, howevei*, it is impossible for the shipj)er to give the information re([uired undei’ the thii’d, fourtli, and tiftli heads, or any of them—as, foi* instance, when such charges or any part of them are nonexistent oi- unascertained at the time of shipment, oi‘ ai‘e to be ])aid by the (‘onsigne(‘—such it(uns may be omitted, the cause of omission being stated instead. It(‘miz(Ml statements of tlH‘S(‘ (‘harg(‘s are not required foi* merchandise not subject to ad valoi’cun duty; for statistical l)urpos(‘s, how(‘V(*i-.. tlie total amount of those cliarg(‘s should lie stated. CONSULAR REGULATIONS. 283 670. Forms of declaration.—Tlie shix)per’s (lecUiration in¬ dorsed ui)()ii invoices of inercliandise T^ureliased for exx)ort to the United States differs in some material particulars from the shipper’s declaration indorsed on mereliandise obtained otherwise than by purchase. Two forms of declaration haA^e therefore been i^rescribed for the use of the s]iipx)er: 1. The declaration to be made Avhere merchandise actually X)urchased is exx)orted to the United States. (Form No. 138.) 2. The declaration to be made where merchandise obtained otherwise than by i)urchase is exxmrted to the United States. (Form No. 139.) 671. Who may make declaration.—Invoices of goods to be ex¬ ported to the United States shall be declared for certitication by the i:)urchaser, manufacturer, owner, or agent .—26 Sfat. L., 131.^ sec. 3. No one will be recognized as such x)urchaser, man¬ ufacturer, or owner who acts merely as broker or commissioner, Avithout other proj^erty interest in the merchandise than that, of brokerage or commission. As the x^urchaser is in many instances the importer and is not in the country of exx)orta- tion, the seller, acting in the x^ui*chaser’s behalf, shix)s th(‘ merchandise and maA" make the iiiA^oice and declaration. (Form No. 138.) He is in reality the agent of the x)urchaser for the purpose of exx^orting the merchandise, but for customs Xiurx^oses and to facilitate trade the seller is x)ermitted to a(‘t as a xu’incipal and to make the declaration in hisoAvn name as seller. S. 106U, 16380. 672. Invoice or declaration signed by agent.—An agent is x)er- mitted to sign an inAn)ice or declaration only a\ hen it is imx^u’ac- ticable for his x^rincipal to sign it. Before signing he must have been duly authorized to act for and 1)1 ml the shix)X)er. He must also be qualified in other resx^ects to x)orform the delegated seiwice. He must have the same x^^rsonal knbAA l- edge of the facts set forth in the iiiA^oice and declaration that would ])e i*e(xuired of him if he Avere the x)rincix)al. A 284 CONSITL A R R EGI’L AT I ONS. UK‘sseni>(‘i‘ ()!• c'lerk uiuic(|iRiiiited with the liistory and facts sp(H‘ified ill tlie invoice is not qualified to sign it or to make the declaim ion ])rescril)(al. A declaration intended for signature hy an agent should lie in tlie in-iiicipal’s name and in the same form as if jirepared for tlie jirincipal to sign. It should also be signed in t he principal’s nanu', the name and designa¬ tion of the agent being aiipended, thus: “Richard Raxter C’o., by AVtlliam E. Morrison, Agcuit.” The agent’s name should not ap])eai‘ in the body of the declaration, and theri* is no need of stiecial averment in it setting forth the agent’s authority and qualifi(*ation and the reason why the principal himself does not jiroduce the invoice. The agent’s subscrip¬ tion and th(i consul’s certificate sufficientlv indicate to col- ft/ lectors of customs not only the fact, but the ])ropriety, of the execution by agent.— S. 8300^ 8Jf.l5^ 8JfOO^ 16380. 673. Powers of attorney—Revocation—Renewal A general form of pow(M‘ of attoimey to sign invoices and the declarations thereto is given in Form No. 104; but the authority of an agent for this purpose should be conferred and authenticated in the manner reciuired by the local law, in order that there may be no (luestion as to the legal validity of the agency in the country wherein it is exercised. There is no occasion for the consular authentication of a power of attorney received for the use of the consular ofiice, nor foi* i‘e(|uii*ing a renewal of these jiowers of attorney uiion a chang(‘ in the hea85 674. Consignment for sale—Statement of cost.— When merchan¬ dise entered for customs duty lias been consigned for sale by or on account of the manufacturer thereof to a person, . agent, jiartner, or consignee in the Fnited States, such per¬ son, agent, iiartner, or consignee is reijuired at the time of the entry of such merchandise to present to the collector of cus¬ toms at the port where such entry is made, as a part thereof, a certificate (Form No. 171) showing the actual cost of pro¬ duction 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 jnitting up such merchan¬ dise ready for shipment. When merchandise similarly entered has been consigned for sale by or on account of a person other than the manufac¬ turer thereof to a person, agent, jiartner, or consignee in the United States, such i^erson, agent, partner, or consignee is required at the time of the entry of such merchandise to present to the collector of customs at the port where such entry is made, as a i^art thereof, a statement (Form No. 172), signed by the consignor thereof, declaring that the merchan¬ dise was actually purchased by him or for his account, and showing the time when, the jilace where, and the person from whom the purchase was made, and in detail the price he paid for the same. These statements of the consignor are required to lie made in triiilicate, and to bear the attestation of the consular officer resident within the consular district wherein the merchandise was manufactured, if consigned by the manufacturer or on his account, or from whence it was imported when consigned by a person other than the manufacturer, one copy thereof to be delivered to the person making the statement, one copy to be transmitted with the triplicate invoice of the merchandise 286 CONSULAR RECa’LATIONS. to the eolleetor of tlie port in the United States to which the inerehandise is consigned, and the remaining copy to l)e filed in tlie consulate.— 26 Sf(if. L., 136^ necs. 8^11; S. 10580^ 11773^ 11057,12Mi7. The difficnlty of enforcing this provision has been found so great that the Treasury Department lias not exacted a literal compliance with it in cases where the declared value of the .merchandise has been found on appraisement to be correct; but in case the appraisers are iinalile to arrive at a final decision in regard to the dutiable value of any imported mer¬ chandise consigned directly from the manufacturer, the itemized certificate of cost will be demanded and appraise¬ ment will be deferred until it is produced.— 26 Stcd. L., 135, sec. 11; S. 121^67. 675. Port of entry to be declared.—The person jiroducing the invoice is reciuired to declare the port in the United States at which it is intended to make entrv of the merchandise.— C/ R. SU .sec. 2855. Where the shipper is uncertain as to the port of destination of the merchandise, he maj" name the most jirobable ])ort of arrival or of entry, and the triplicate invoice should be sent to the collector of customs at that })oi*t.— 27 Sfaf. L., Jfl; S. 12871. If the merchandise should be entered at another port, the invoice will, ujion timeh^ notice, be forwarded liy the collector receiving it to the col¬ lector at the i)ort of actual entry; and in case of delay or loss of the invoice an entry maybe made upon a pro forma invoice, as is ])rovided in section 2857 of the Revised Statutes, under bond for the })roduction of the consular invoice. 676. When vessel to carry goods is unknown.—When merchan¬ dise intended for exi)oi*tation to the United States is invoiced at an interior i)ort, and it is imi)racticable at the time of ship¬ ment from such interior ])ort to state with certainty tlie name of the vessel bv which the merchandi.se is to be shipped, the CONSULAR REOULATIONS. 287 invoice inav state the name of the vessel ]>v whieli it is ex- peeted to he shipped; and in case the merchandise is shipped by another vessel the consular officer at the final i)ort of shipment may, at the request of the shii)per or his agent, indorse on the shipper’s copy the name of the vessel by which the same is actually shipped. 677. Goods exported without sale, where certified. —ddie invoice of merchandise, manufactured or otherwise, produced for ex¬ port to the United States and exported without previous sale must be certified in the consular district in which it was manu¬ factured or x^roduced.— S. 11767. But merchandise manufac¬ tured in an unfinished condition {e. cotton woven in the gray) in one country or consular district and finished by an additional manufacturing x^rocess in another country or con¬ sular district for exx^ort to the United States is regarded as a manufactured x)roduct of the country or district in whicli the finishing x^i*ocess is effected. Merchandise x^Ri’chased in an unfinished state of manufacture and subjected to a finishing X)rocess b}- the purchaser, or at his exx:)euse, before exx^ort to the United States, is held to be a manufacture of the x^ur- chaser; and the invoice must be certified by the consul of the consular district in which tlie last manufacturing x)rocess has taken xfiace.— aS. 111^68; IJf. 550. 678. Purchased goods, where certified. —Invoices of merchan¬ dise x^nrchased for export to the United States must l)e x^ro- duced for certification to the consul of the district in which the merchandise was when so x^urchased—that is, the district from which a shix:)ment actualU begins its journey to the United States.— S. 12756. The x^lace of x)ui'chase is held to be the x^lace where the merchandise actually is Avhen it is purchased for exportation to the United States or from which it is exxAorted to the United States, Avithout regard to the x:)lace AAdiere the bargain of x^urchase and sale took x^lace between 288 CONSULAR REfrULATIONS. Ilio piireliaser and seller.— S. Ki^Sl. Merchandise may be sent from one consiilai* district to another or collected from any niiml)er of consular districts into one to await a pur¬ chaser there, and when ])nrchased for export to the United States the invoice must be certified bv the consul of -the dis- trict ill which the merchandise was at the time of such pur- ('liase. floods luii’chased in different districts, but collected in one district for examination, .storaije, assortin<^, finishin<^, and ])ackini>:, must be certified by the consul of the district from which the merchandise bej^ins its journey to the United States. Invoices of merc'handise purchased from stock in a district otlnu* than the district of maniifacture or production should be (‘ertified bv the consul in whose district the mer- c. chan (Use was purchased.— S. 15805. 679. Certification when no consul of United States.—If there is no consular officer of the United States in the countrv from which the merchandise is imported, the certification reipiired should b(‘ executed bv a consul of a nation at the time in amity with the United States, if there is any such residing tluMv; 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 im])orted. — /?. >S., nee. 281^1^. 680. Invoice and declaration to be verified.—When the invoice and declaration are received bv the consul, it is his dntv to examine ('arefullv each item and to satisfv himself that it is true and correct. In aid of this examination he is authoi-ized, in his discretion, to call for the bills of sale of merchandise piii’chased for export to the Ignited States; to iiupiire into the cost of ])roduction of merchandise not obtained by purchas(‘; to demand sam])h‘s; and, if the conditions reiiuire it, to exam¬ ine the entire^ consignment. WluMievm' an invoice is offered for certification whi(*h covers consolidated shipments consist¬ ing of tlu‘ ])roducf ions of different manufacturers, the consul CONSULAR REGULATIONS. 289 may demand the submission of the manufacturers’ bills relat- int>* thereto. Even when the merchandise has been pur¬ chased for export and the invoice sets out truly the i)rice paid, the consul should ascertain whether the price rei)re- sents the market value of the goods.— S. 618o, 12532^ 12780^ 16867. 681. Verification by oath.— Consular officers 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 b}" the regulations or instructions established or given by the Secretary of State. The following general instructions touching the exercise of the'discretion given to consular officers by section 2802 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 inirsuant 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 oaths to invoices; from receiving 17824 c R -19 290 CONSULAR REGULATIONS. anythii><^ as a gratuit}" or otlierwise on account of the admin¬ istration of sucli oaths; and from being in any wa}", eitlier directh' or indirectly, i)ecuniarily interested in such fees 682. Actual market value.—Wlienever imported mercliandise 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 wliolesale price of smdi merchandise, as bought and sold in usual wliole- sale quantities, at the time of exportation to the United States, in the xirincipal markets of the country whence imported, and in the condition in Avhich 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 all 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 imported merchandise, Avhether dutiable or free, any unusual article or form designed for use otherwise tlian in the bona fide transportation of such merchandise to the United States, additional duty is levied and collected ui)on 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 Amlue or wholesale price as defined herein .—26 Stat. L., 139, sec. 19. Drawback allowed by a foreign government upon the ex})or- tation of any article produced from imported material can not be deducted from the dutiable Amine aboAm defined.— S. 15791^. 683. Market value, how ascertained.—In order to ascertain the market A’alue of any given article, it is important to imiuire carefully as to the prices indicated in sales thereof for other CONSULAR REGULATIONS. 291 markets than our own. When the United States are the only or principal consumers, and fictitious sales are created and nominal A^alues suspected, consuls should ascertain the actual cost of production. Such cost of production includes cost of materials and of fabrication, all general eA’penses cov¬ ering each, and every outlay of whatsoever nature incident to such production, together Avith the ex^iense of preparing and putting up such merchandise ready for shipment, and an addition of 8 per cent uiion the total cost as thus ascer¬ tained .—26 Sfcd. L., 136^ sec. 11. 684. Samples. —When the value of merchandise subject to ad valorem duty can not be accurately determined by an inspection of the invoice, samples should be reipiired of such as is of a nature to be sampled, particularly of textile and fibrous goods. Of textile and fibrous goods there must be three samples, in no case smaller than 11^ centimeters Avide by 18 centimeters long. One sample should be retained at the consulate, one sent to the Board of General Appraisers at XeAv York, and one sent directly to the appraiser at the iiort at AAdiich the merchandise is to be entered. When the merchandise is intended for immediate transportation, under the act of June 10, 1880, the samples should be sent to the chief customs officer at the port to which the merchandise is to be finally forAA^arded. Samples of other merchandise, Avhen in the judgment of the consular officer they are not too bulky, lieaA^y, or fragile, should be foiuA^arded to the ajii)raiser at the port of entry.— S. 15561. Occasional sainjiles of standard articles of uniform character and Avell knoAvn to the trade will be sufficient. Samples must AA’hen iiracticable be sent to the appraisers on their request. All such samples, unless perishable, are treated by api^rais- ers as official property, and are retained on file for at least six 292 CONSULAR REGULATIONS. montlis from date of receipt. Consular officers sliould 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 tlie United States, except for the pur¬ pose of ascertaining or establishing market value or price, in which case 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 i)rac- ticable, be attached to the sample to which the statement refers. For sample card generally used, see Form Xo. 147. A special form (Xo. 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 reipiire the correct values to be given b}" the person iiroducing the invoice, or he shall state the true value, as he conceives it to be, on a red-colored sheet to be attaclied to the first page of the invoice and designated as the “ Page of Consular Corrections.” (Form Xo. 115.) These blank pages Avill be issued in book form, serially numbered, and jiro- vided with perforated stubs, on which suitable memoranda of' corrections made shall be noted bvthe consul. Even wlnm 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 exi)lain and justify his corrections noted on the invoice in a letter to the collector of customs at the i)ort of entry, which let¬ ter ma 3 M)e either attaclnsl to the (*ollectoi‘’s copy of the invoi('e or sent separately.— S. 12283. The appraisers are reciuired to inform the (*onsnl as to what return of value has been made on any invoice upon whi(*h 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 cases 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 consuPs notations, the consul shall indorse on each of the trqilicate or quadruplicate invoices .a certificate (Form No. l-tO), under his hand and seal (stami) signatures are not sufficient. S. 701^5)^ to the effect that the invoice was x)roduced to him, the date of such i^roduction, name of person i)roducing it, the x)ort in the United States at which it shall l)e entered, the declared intention to make entrv of the merchandise, and also that he is satisfied the statements made in the invoice are true.— JR. 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, l^lacing the number, jiort, 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 stami^ed 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 shix^i^er and the name of the vessel. Every blank space in the forms should be filled with proper wording or by a dash with the x^en to show that it has not been overlooked. 690. Invoices fraudulently undervalued not to be certified_Cer¬ tification may be refused when the merchandise sx)ecified in the invoice ax^pears 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 shix)X)er honestly differ as to the true valuation, each should state his estimate of the value, and leave the determination of the true value 294 CONSULAR REGULATIONS. to the appraisiiii^ ofheers at the port of entr 3 ^— JR. S.,sec. 1715; S. 11055 .^ 15265.^ 15801. The consular officer is authorized to refuse to certify au invoice only when tlie evidence of fraudu- «. «/ lent intent ai)pears to him conclusive, as when tlie shipper refuses to comply with the requirements pi*escril)ed in these ]tei>'ulations. AVhenever the consular officer is in doubt as to tlie good faith of the shipper, he may certify the invoice, tak¬ ing the precaution to make adequate memoranda on tlie sheet jirovided for consular corrections and notations.— B. 15801. 691. Certification after shipment.—Tn exceptional cases where the production of the invoice at or before the shipment of the merchandise is shown to have been impracticable, an invoice in-odnced after shipment may be certified upon satisfactory evidence that it is true and correct. In such case the reasons for production and certification after shipment should be indorsed on the invoice. Greater leniency in enforcing this requirement is 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. 15605. Rejolace invoices. —After an invoice has been certified and the merchandise 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 or ignorance of the law, be prepared so faultih’ as to justity correction in a substituted invoice; but such substitutions Iiave been so fre([uently made to evade the penalty of an attempted undervaluation tliat they will be permitted onlj’ when the clearest evidence is ])roduced of the unavoidable natui-e of the ei*i*oi‘s alleged to have occurred in the oitginal invoice, and when it is positividy shown that no premeditated CONSULAR REGULATIONS. 295 evasion of the veveiine laws has been involved in the in*o- ceeding.— S. 17295. 692. Currency certificates. —The price of merchandise obtained by purchase must be stated in the currency actually paid therefor; and when tlie currency jiaid for purchased mer¬ chandise is depreciated, a currency certificate (Form Xo. 144) must be attached to tlie invoice showing the percentage of depreciation as compared with the corresponding standard coin currencv and the value in such standard coin currencv of the total amount of the depreciated currency paid for mer¬ chandise included in the invoice.— R. S., sec. 2903; S. 11^287., 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 currencv in com- Xiarison with which the currency used in the x^^’chase is depreciated.—/S. 11315, 12399, U107, 17170. In the assessment, of duty the currency of the invoice is reduced to the money of account of the United States uxion the basis of the values of foreign coins at the date of shix)- inent, as proclaimed by the Secretary of the Treasury for the 1st day of .Januar}^, Axiril, July, and October of eacli year.— Tariff of 1895, sec. 25; S. 16921. The date of shixnnent 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. 15910. In the absence of a currency certificate no allowance will be made for dexireciated currency.—8 . 15535. A consular currency certificate is not recxuired when the invoice is stated in coin not included in the Secretaiy of tlie Treasury’s quarterly statement of values. The customs offi¬ cers at the port of entry wdll in such cases ascertain from the most available sources the value of the coin in the monev of the United States.— S. 2909. For statistical xnirxioses cur¬ rency certificates are required for all invoices of merchandise 29G CONSULAR REGULATIONS. purchased and i)aid for iii depreciated curi-enc}', without regard to tlie dutia])le or uondutiabie eliaracter of the mer- eiiandise.— S. lJf287. 693. Disposition of invoices.—The consular officer is required to designate hy staiiq) or otherwise the original, duiilicate, triplicate, and (when there is one) quadruplicate of each invoice. Tlie original must he fded for i)reservation in the consular office, the duplicate delivered to the person pro¬ ducing the invoice, or, upon his request, to tlie agents of the vessel in which the merchandise is to l)e exported to the United States, and the triplicate sent iiromptly, by the mas¬ ter of the vessel conveving the merchandise, or bv 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 finallv entered.— Io036. When the merchandise is to be entered under the immediate-transportation act (para¬ graph 0G2), the quadruplicate copy of the invoice required by that act must l)e delivered, with the duplicate, to the person jiroducing the invoice. Tlie triplicate or collector’s copy of the invoice should al- wavs be transmitted, carefullv addressed, in the most direct and speedy manner jiossible, so that it will reach the cu.stom- house before the entrv of the merchandise. It is never to be ft. 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 Xo. 142, caridully addres.sed to the collectoi* and stamped with the nam(‘ of the consulate and th(‘ date. The blank for the number of iuvoic'emust be filled in writing. A small silk coi'd or narrow ribbon must then b(‘ passed through the euveloi)(‘, neai* the end and sid(*s, and und(*r the consular s(‘al, with which tlu‘ (uivelope must b(‘ carefully sealed. The jiostage must be jireqiaid. When the CONSULAR REGULATIONS. 297 collector’s invoice is sent l)y tlie master of the vessel which carries the merchandise, a receipt (Form Xo. 141) must he taken from the master and filed in the consular office. 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 sliipment designated in the invoice, to he thence forwarded to the prox)er collector, the package must he accompanied hy a descriptive list (Form Xo. 143), to facilitate comx)arison with the shipper’s manifest, before taking the master’s receipt as per Forms Xos. 141 and 143. The consul at the port of shipment must see that tlie integrity of the package is duly secured in the manner pre¬ scribed in the preceding paragraph. 695. Fee for certification. —An official fee of 82.50 lias been prescribed for the consular certificate to tlie invoice required by law for entering imported merchandise.— B. S., secs. 1716, 2861. In the provinces of British Xorth America the fee for certifying an invoice of merchandise not exceeding 8100 in value is 81.— B. S., sec. 1721. This fee pays for tlie cer¬ tified invoice in triplicate or quadruplicate, as the case may be, for the certificate of cost (paragraiih G74), for the cur¬ rency certificate (paragraph 092), 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 official .—133 U. S., 273. Fees for certified invoices to accompany merchandise shi^iped for transit through the United States to a foreign country are likewise official. (Paragraiih 533.) 697. Copies and prices current for collectors. —Consuls are re¬ quired, on request of the proper collectors of customs, to suppl}^ them, free of charge, with copies of invoices or with other documents on file in the consular office which are 298 CONSUI-AR REGULATIONS. needed l)y the eustoiiis officers in tlie discluirge of their duties. They are also required to furnisli the Secretary of the Treas¬ ury, tlie Hoard of (General Appraisers, or sucli other othcers as tlie Secretary of the Treasury may desij»:nate, with the prices current of the merchandise usually exported to the United States fi’oin their respective consular districts. — B. aS'., sec. 1713. (ParagTaph 000.) 698. To explain the customs laws and regulations to exporters.— Consular officers are enjoined to explain to exxiorters in their districts the scope and iiuiqiose of the customs laws and reg¬ ulations of the United States, and to take all proper measures for obtaining information needed b}" tlie customs officers. 699. Retaliatory tariff provisions. —The duty imiiosed hy par¬ agraphs lOG, 182|^, 185, 5G8, 591, G43, and G83 of tlie tariff act of 1894, dejiends on the existence oi* the nonexistence of certain sxiecified conditions affecting the merchandise mentioned therein in the countiy of export. Consular officers are requested to note on invoices of merchandise subject to these variableduties the existence of anv law or fact in thecountrv of ex^iort which would call into ofieration the resiiective pro¬ visos in the said paragraphs and warrant the collection of the altei'iiative dutv. SEALING OF CARS ENTERING THE UNITED STATES FROM CANADA. 700. To avoid insjiection at the frontier port or jilace of arrival in the United States of any car coming from contig¬ uous territory in the Dominion of Canada which is cajiable of being jii-oxierly closed and securely fastened and which is laden with nier(*handise destined for a port of entry or of delivery under fhe immediate-f rans])ortation act (paragraph G55), in 1h(‘ United States by a (‘ontinuous railway route, the owner of su(*h merchandise, or his agiuit, or the conductor of such car, is reciuired to niak(‘ a])pli('at ion to a consular oflicer CONSULAR REGrULATIONS. 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, tlie dutiable value of each package, description and number of the car, and name of the railroad company to which it belongs^—i?. S., secs. 3102, 3103; Oust. Beg., arts. 1^57, Jfo8; H. 3025, 1U33, 121^06. 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 car 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. Beg., art. 1^-58; S. 111^33. 702 . Before sealing 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 REGULATIONS. DOCUMENTATION OF MERCHANDISi: FOR FREE ENTRY, 703 . Tlie t arillf act of 1804, pi-ovides for the admission of cer¬ tain articles of foreign growtli or i)rodnction free of duty, under regulations to he iu*escrihed hy the Secretary of tlie Treasury. In some cases the cooperation of consuls is provided forin the Treasury regulations, and these casesare given below. 704 . Animals for breeding purposes.—The act provides that any animal iniiiorted speciall}" for breeding i)urposes shall be admitted free: Provided^ That no such animal shall lie 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 Treasiiiy may prescribe such addi¬ tional regulations as maybe recpiired for the strict enforce¬ ment of this provision .—Tariff of 1894., par. 373. 705. —The Treasury regulations direct that no animal im¬ ported for l)reeding purposes shall be admitted free of duty unless the importer furnishes a certificate of the record and ])edigree (Form Xo. 18G), showing that the animal is pure bred of a recognized bred, and has been admitted to full registry in a book of recoi*d 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. Foi* list of the books of record, see Appendix V. An affidavit (Form Xo. 187) l)y the owner, agent, or importer that such animal is the identical animal describ(Ml in said certificate of i-ecord and pedigi*ee must be j)resented. This affidavit, when made at the port of exportation, must b(‘ made before the consular officer of the Fnited States, lu the case of sheep, females are frecpiently i*ecorded by flo(‘ks, and not individually; therefore, wlienever the afoi*esaid recpiirement as to pedigree can not be complied with, the animal will be admitted on the certificate of the secretarv of one of the I’ecognized associations named in th(‘ cii’cular to the effect that it is pure bred and has been CONSULAR REGULATIONS. 301 registered in the flock book of that association,— S. 15589, 16Jf62, 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.—5'. 1127Jf, 15539, 15922, 16108. 706. Immigrants’ teams aiid effects.—Teams of animals, in¬ cluding their harness and tackle, and the Avagons or other vehicles actually owned by persons emigrating fi*om foreign countries to the United States Avith their. families, and in actual use for the purpose of such emigration, are admitted free under such regulations as the Secretaiy of the Treasuiy may prescribe. The team of an unmarried immigrant used in convejdng 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 b}^ an immigrant in the act of im¬ migrating. Horses of immigrants used for the transportation of themselves and luggage to a railAA’av station and thence shipped to the United States, AAdiere 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 AAuthin the terms of the act.— Tariff of 1894, par. 874; S. 11178,12624, 12956,16589. 707. To entitle to free entry teams of animals, including their harness, and the AAmgons or other A^ehicles draAAui by such teams, and the customaiy articles used in connection there¬ with, Avhen 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 REOULATIONS. and articles, tliat tliey are owned by the affiant and are being nsed for tlie purpose of iniinigration 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 b}^ evai)oration, wlien accompanied bv duly authenticated certificates show- ing that they are in no way artificially prepared and are the product of a designated mineral si)ring; lemonade, soda water, and all similar waters are exempt fi‘om dut 3 \ — of J 8 O 4 , par. 000 . Natural mineral water artificially charged with gas from the same or an adjacent spring, to comi)ensate for loss of same in bottling, is entitled to free entry.— S. 5116^ 162Jffp IGSJfj. The certificate required 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.— S. 15503., 16587. (Form No. 15G.) 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 dut}’; but the term “statuary” as therein used includes only pi-ofessional pro- . duetions, whether statuary or sculpture, and the word “paint¬ ing” does not include such as are made wliolly or in jiart by stenciling or other mechanical i)rocess .—Tarijf of 189Jf., par 575. The professional productions of a statuary or sculp¬ tor are such woi*ks of art as are the result of the artist’s own creation or cojiies of them or of works of other artists, made under his direction and supervision. — S. 07JfJf^ 11391^; 108 U. N., 312; 132 U. S., 167. The most direct and satisfac¬ tory, but not the only, evidence that the statue is the pro- fe.ssional production of a statuary or sculi)tor is the declara- CONSULAR REGULATIONS. 303 tion (Form No. 127) of the sculptor liimself, certified by tlie consular officer.—5'. 1139Jf, 15283,151^28,15821,16377. 710 . There is no requirement that the paintings X)rovided for in the foregoing paragrapli should l)e the x^roduction of X)rofessional artists, rising to the dignity of Avorks of art, or should be accomx)anied by artists’ certificates; but they must liave been jiroduced by hand and not by stenciling or other mechanical jirocess.— S. 9161, 15292. Paintings on xiorcelain in mineral colors, vitrified l)y firing, are not exemiit from duty under i)aragraph 575 of the tariff act, and articles xnlmarily designed for a useful x)urx)ose, but made the groundwork of artistic x)ainting to x)lease the eye and gratify the taste, are not xiaintings within the meaning of that x^aragraxih, although the xiainting imx)arts to them their chief value from a x^ecuniary xioint of view. Paintings on clocks, curtains, gas fixtures, xiorcelain xdafiues and other similar ware, tiles, glass windows, table covers, doilies, etc., do not entitle those articles to free entry nnder this xiaragrax)h, although they may be so entitled under x)aragrax^h 686 of the act. (Paragraph 711.) The x)ainting must be designed solely for ornamental x^Riposes, and the groundwork may be any¬ thing not designed to fulfill a useful xuui^ose axiart from the painting upon it.—^S'. 15178, 151^13, 15831, 15952, 161^2, 161^29, 16Jf30, 16712. 711 . Works of art, the xiroduction of American artists resid¬ ing temporarily abroad, or other Avorks of art, including x:)ic- torial x^aintings on glass, imxiorted exxiressly for x)resentation to a national institution, or to any State or municixial cor- X)oration, or incoiq^orated religious society, college, or other X)ublic institution, including stained or xiainted AvindoAV glass or stained or x)ainted glass AvindoAvs, are exenixit from duty; 1) ut sucli exemption shall be subject to such regulations as the Secretary of the Treasury may xirescribe. —Tariff of 1891/., 2 ) ar. 686; S. 1551^.0. 304 CONSULAR REOULA.TIONS. For tlie I’reo entry of any work of art, llie production of an Aineri(*an artist residing- temporarily abroad, it is requisite that the ai-tiele shall be positively identified as such produc¬ tion by meansOf tlie declaration (Form Xo. 155) of the pro¬ ducer or of witnesses of such production, and such other evidence as mav be needed to establish the facts to the satis- faction of the collector of customs. — Cust. Reg. art. 352. Paragraph 080 of the tariff act requires only that the article shall be a work of art i)roduced by an American artist, or, if not so t)roduced, that it shall be imported for one of the pur¬ poses mentioned therein. As all t)aintings and all statuary which is the work of a j)rofessional sculptor are admitted free of duty under the present tariff act, the consular certificate of identification (Form Xo. 180) is not necessaiy for the works of American artists.— S. 11593., 15292., 15821., 16116, 163Jfl, 16712. RETURNED AMERICAN MERCHANDISE. 712. ^Vrticles the growth, produce, and manufacture of the United States, when returned after having been exported, without having been advanced in value or improved in (‘on- dition by any process of manufacture or other means; casks, barrels, carboys, liags, and other vessels of American manu¬ facture exported filled with American products, or (‘xported empty and .returned filled with foreign products, including shocks when i-eturned as barrels or boxes; also quicksilver flasks or bottles, of either domestic oi* foreign manufacture, which have been actually exported from the United States, are exempt from duty; but jiroof of the i(hmtity of such articl(‘S must be made umho* general regulations to b(‘ ])i*e- scribed bv tln^ Secretarv of the "freasurA'.— 7\irtif of 1891^ par. 387. 713. 4'o guard against fi-and and to insure ideiititv, the CONSULAR REGULATIONS. 305 Treasury regulations re(iuire, in addition to proof of exporta¬ tion, the production of a declaration (Form No. 120), made by tlie foreign exporter of the merchandise before the consul, of the fact that the merchandise Avas imported from tlie United States and that it has not been advanced in value or improved in condition by aii}^ process of manufacture or other means. But if it be impracticable to i)roduce such declaration at the time of making entry, bond may be given for the production thereof.— S. lJf.65S, 15063^ 1679Jf. (Paragraph G57). 714. Shooks of American manufacture. —Consular officers are required to keep a debit and credit account or record of shooks, claimed to be of American manufacture, imported into or ex- l^orted from their districts, and to grant certificates (Form No. 130) under seal for such of the shooks 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.— Oust. Beq. 1802, 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 shooks 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.— Oust. Beg. 1892^ art. 337. Whenever a shipment of boxes or barrels is made from a consular district other than that into-which the shooks 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 j^rowtli and inanufacture of the United States, exported as oranij^e and lemon box shooks, may be reimported in com- ])leted form, filled with oranges and lemons, by the iDajnnent of duty at one-half the rate imposed on similar boxes of entirely foreiirn i^rowth and manufacture .—Tariff of 189Jf, par. 21(). 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. 15568, 1567Jf, 15850, 16000, 16573, 17005. 716. The regulations for the documentation of boxes and barrels made of American shooks (paragraph 714) are to be ai)plied as far as may be to oi*ange 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 foreign shipper (Form No. 130) mat" be modified to agree with the facts in the shipment of boxes not wholly made of shooks the ])roduct of the United States, and the certificate of the consul may be modified to agree with the fa(ds of each case. Thin wood exported foi- 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 fi*om the United States as “orange and lemon box shooks.” They must be entered in the consular record recpiired by ])ar- agraph 714 as “orange and lemon box shooks,” and the cer¬ tificate of the consul must show that the exj)ortation back to the Unit(‘d States includes this class of shooks and no other. 717. Products of American fisheries.—Ihiragraph 508 of the CONSULAR REGULATIONS. 307 tariff act of 1894, provides for the admission fi*ee of duty of spermaceti, whale, and other fish oils of American fisheries, and all fish and other products of 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 than the one by which the same were taken will be admitted to free entry as if brought in the original fishing vessel on the i)roduction 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 the 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 in the manifest are just and true, and that there is no consular officer of the United States at the place. (Form No. 158.) S. 10358, 10362, 10391, lOJfBS, 10650, 11300, 11601^, 11680, 11709, 11856, 12622, 12623, 13613, 13615, 15579, 15662, 15679, 15735, 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 Avith these regulations. The consul of the United States at Panama, or the reA^enue inspector, will examine the packages and compare them AAuth the manifest, and certify thereon the result under his hand and official seal, stating in his certificate that the articles so manifested AA’ere placed, under his inspection, on the cars or other A^ehicles for transportation to the port or place of ship¬ ment on the Atlantic side. 308 CONSITLAR REGULATIONS. On aiTival of tlie articles at the Atlantic terminus of the route, the manifest aforesaid must he presented to the consul of the United States at Colon, or to the revenue inspector, wlio Avill certify thereon to tlie due shipment of same under his ins])e(*tion. 719, Marks of country of origin.—All articles of foreign man- ufactiire, su(‘li as are usually or ordinarily marked, stamped, branded, or labeled, and all packages (*ontaining such or othei- impoi‘t(‘d aidudes, ai’e reciuired to be plaiidy marked, stam])ed, l)randed, or labeled in legil)le English words before im])ortation, so as to indicate tlie counti*y of their origin and the ([uantity of their contents; and until so marked, stamiied, branded, or labeled they will not be delivered to the importer. Should any article of im])orted merchandise be marked, stamjied, bi*anded, or labeled .so as to indicate a (piantity, nuinlxM-, or measurement in excess of or less than the (tuan- tity, number, or measuremeut actually contained in such arti¬ cle, no deliveiy of the same will be made to the importer until the mark, stamj), brand, or label has been changed so as to conform to the facts of the case. — Tariff of 189Jf^ .sec. 5. This jirovision ajiplies to merchandise of foreign manufacfure only, and not to merchandise ])roduced otherwise than by a manu¬ facturing ])rocess.— 8. l^JfJff 151^8If. Its application is also limited to such articles of foreign manufacture as are usually or originally mai-ked, stamped, branded, or labeled; but all packages, outer and inner, containing such impoi-ted mer¬ chandise, whether dutial)le or free, and whether imi)orted for sale or for the imi)ort(‘r’s own use, must be marked, stami)ed, branded, or lal)eled as the .statute directs.— 8. 181^02. 720. The indication of the country of origin need not nec- essarily be restricted to the declaration of the name of such country, but maybe accei)ted undei-whateviu* form, j)rovided the m(‘i*chandise contains unmistakabh‘{‘viden(‘e of its origin, without misleading marks or signs. The marking should be CONSULAR REGULATIONS. 309 legible, durable, and so located that there will be no difficulty in seeing it,— 11115, llllflK 1521^8^ 15250, 10150, 10>238, 10257, 1037k, 10008. Where tlie article was ordinarily stamped at the time of the passage of the act, the country of origin should be indicated by stamp thereon; if branded, the country should be indi¬ cated by brand thereon; or if labeled, the country should be indicated bjffiabel thereon; and if marked in any other Ava}’, the country should lie similarly shoAvn.— 10832, 15279, 15371,10U7. The requirement that the marking of the merchandise shall show the quantity of the contents is satisfied Avhen the pack¬ ages AAdiich contain such articles as are usually marked, stamped, branded, or labeled duly indicate the quantity of their contents.— S. 1521^8, 15279. Piach package must accord¬ ingly shoAV the number of i^ieces contained in it and the Aveight thereof, gross and net.— S. 1521^.8. The marking of articles of cutleiy should be of such a char¬ acter that it can not be remoA^ed unless ground out on a grind¬ stone; it should be quite as legible as the proprietary marks, and so located that there Avill be no difficulty in seeing it. The marking of bags should be made indelible, in order to aAa)id obliteration by moisture and handling.— S. 101177,10187, 10190,10238. 721. Champagnes, mineral AA^aters, etc., in labeled bottles may be admitted if the outside packages are marked AAuth the name of the country of origin. The marking of the inside cartons and outside packages of small articles A\diich can not themsehxs be readily marked Avill be sufficient. Sheets of zinc, tin plate, and similar articles, aa hich are not usually stamj)ed, except to indicate gauge, etc., may be ad¬ mitted to entry if the packages are marked, stamped, etc. In the instance of filled imported bottles, the laAv aauII be 310 CONSULAR REGULATIONS. complied with if* oik^ label thereon bears the name of the count ry of orij^in. The (‘onntry of orij^in, and not the locality of manufacture, must be shown; and abbreviations which are sufficiently definite may be accepted. Fire brick and like articles imtmrted in bulk need not be marked. In the case of articles which are usually packed in cartons or bands, it will suffice if the inside and outside packages are niai*ked with the name of the country of origin. Packages containing beer manufactured in Germany, of German malt and Austrian hops, should be marked “ Ger¬ many,” as indicating the country of origin of the article. The law does not contemplate the marking of coverings of crude or othei* substances of a moist or deliquescent nature; for example, certain kinds of sugar in mats, etc., where per¬ manent marking would be impracticable. Articles usually imported in bulk, when secured together for convenience in handling, are not considered packages requiring to be marked. Hooks, newspapers, pamphlets, inax)S, charts, engravings, sheet music, and other printed matter are not articles such as are “ usually or ordinarily marked.” ^Merchandise intended for immediate export or for transit through the United States to ^Mexico or Canada does not come within the purview of the laws as to marking, stamp¬ ing, l)randing, etc. Men’s, women’s, and children’s garments, except hosiery and underwear, are not such articles as “are usually and ordinarily marked, stainj)ed, branded, or labeled;” but the jiackages, wrappers, cartons, or coverings containing such articles must b(‘ mai'kcd in ac(*ordance with law. 722. Convict-made merchandise.—Th(‘ entry at any jiort of the Unit(‘d States of goods, wares, articles, and imu-chandise CONSULAR REGULATIONS. 311 manufactured wholly or in part in any foreign country by convict labor is prohibited; and consular officers are instructed to note on the collector’s copy of an invoice of merchandise known or reasonably suspected to be the product of convict labor the fact of such production or the reasons for suspect¬ ing it, or to give the information to the collector in a sepa¬ rate communication .—Tarijf of 189]/.^ sec. 2Jf.; S. 12300. Shippers who are known to employ convict labor or to handle convict-made merchandise may be required to make oath before a competent local official regarding the origin of their shipments, and the consul may refuse to certify any invoice covering merchandise suspected to be made by con¬ vict labor until the exporter shall have made oath to the effect that no part thereof was manufactured wholly or par¬ tially by convict labor; provided that a copy of the rejected invoice shall be sent to the collector of customs at the port of intended entry in the United States, with a statement of the consul’s reasons for rejecting it, if it was refused.— S. llOlf)., 119SJ{..) lJf.353. LANDING CERTIFICATES. 723. Bonds given for the exportation of merchandise from the United States to a foreign country are canceled on the presentation of a verified or authenticated landing certificate which shows that the merchandise has been delivered at its foreign destination. Exportations under bond may l)e made for the purpose of avoiding the actual payment of duty or of internal-revenue tax, or they may be made under the laws providing for the transportation of merchandise from one foreign country to another foreign country in transit through the United States. 724. To cancel bonds given for payment of duty or of internal- revenue tax. —All bonds given to cover the exportation of any merchandise from the United States, and on which any 312 CONSULAR REGULATIONS. drawl)ack of duties or allowance is payable by reason of such ex])oi*tation, may be discharged by production Avithin one year from the date thereof, if the exportation has been made to auy t)ort of Europe or America, or within two years if made to any port of ^Vsia or Afi*ica, of— 1. A certificate (Form No. 150) under the hand of the con¬ signee at the foreign port to Avhom the merchandise shall liave l)eeu addressed, therein xiarticularlj^ setting forth and descril)ing the articles so exported, their marks, numbers, de¬ scription of packages, the number thereof, and their actual contents, and declaring that the same luiA^e been received by him from on board the A^essel, specifying the names of the master and vessel from which thev were so received; and Avhere such merchandise is not consigned or addressed to any par¬ ticular person at the foreign ])ort to which the vessel is des¬ tined or arrives, but where the master or other person on boai-d such vessel is the consignee of such merchandise, a (‘ertificate from the ])erson to Avhom such merchandise has been sold oi- delivered by such master or other person shall be ])r(!duced, to the same effect as that required if the person receiving the same had been originallv intended to be the consignee thereof.— R. S.,sec. SOJ^Jf. In cases of shipment of toliacco or snuff in bond under section 24 of the act of Feb¬ ruary 8, 1875, Form No. 183 should be followed .—IS Sfat. L., 312. 2. A certifi(‘at(‘ (Form No. 151) under tlie hand and seal of the consul oi- agent of the Fnited States, i-esiding at the l)lace, declaring either tliat the facts stated in tlie certificate of such consignee, or other jierson, ai'e to his knowledge true, or that such (‘ertificate is deserving of full faith and credit.— R. N., .see. 3. The oath (Form No. 153) of the master and mate, if liv¬ ing, or, in case of their death, the oath of the two principal surviving officers of the vessel in which the exportation shall CONSULAR REGULATIONS. 313 be made, confirming llie certificates of the consignee and consul.— R. S., sec. 30Jf5. 4. Where there is no consul or agent of tlie United States residing at the place of landing, the certificate of the con¬ signee or other person hereinbefore required shall be con¬ firmed by the certificate (Form No. 152) of two reputable American merchants residing at the i^lace, or if tliere are no such American merchants, then by the certificate of two rej)- utable foreign merchants, testifying that the several facts stated in such consignee’s or other i>erson’s certificate are, to their knowledge, just and true, or that such certificate is, in their opinion, worthy of full faith and credit; and such cer¬ tificate shall also be supi)orted by the oatli of the master and mate or other principal officers of the vessel, in tlie manner before i)rescribed. The oath of the master and mate or other i^rincipal officers shall, in all cases, when taken at a foreign port, be taken and subscribed before the consul or consular agent of tlie United States residing at such foreign port, if any such consul or agent reside thereat.— R. S., sec. 301^.5. 725. Where affidavit of master and mate not procurable _In cases where it is impossible to obtain the affidavit of the mas¬ ter and mate or the principal officers of the vessel in which the exportation has been made, the declaration of the coiir signees may be confirmed by a certificate (Form No. 154) from the custom-house at the foreign port showing landing and entry of the merchandise.—>S1 lJf.368. In view of the difficulty often experienced in obtaining the oath of the master and mate to landing certificates covering articles exported from the Ignited States by steamshiii lines, collectors of customs are herebv autliorized, in all cases of exportation under internal-revenue laAvs, where the articles are exported liy steam vessels belonging to or chartered by any steamshiji line having an agent at the foreign port of 314 CONSULAR REGULATIONS. landing, to accept, in lien of the prescribed oath of the mas¬ ter and mate, the sworn statement of such foreign agent. The statement of the agent in sucli cases must be substan¬ tially in the form heretofore i^rescribed for the master and mate of the exporting vessel (Form No. 153) and must be sworn to before a United States consul or some foreign reve¬ nue officer having a seal. This i)rovision applies only to cases of exi^ortation under the internal-revenue laws. Ex- tiortations under sections 3044 and 3045, Revised Statutes, must be verified as prescribed in paragraph 724.— S. 13719, U268, U568. 726. Consolidation of landing certificates.—The consignee maj^ l)e the agent to receive the merchandise and distribute it among several ultimate consignees; and several lots of mer¬ chandise sliipped on separate bills of lading and at different times, but entered at the foreign custom-house at the same t inie by one consignee who is the holder of all the bills of lading, may be embraced in one landing certificate executed by the holder of the bills of lading; but if the bills of lading show different consignees, a landing certificate is required from each consignee. Consolidation of sliipments after arrival of the merchandise in the foreign port by the act of the several consignees in empowering one of their number to act for all in entering the merchandise and making the con¬ signee’s certificate is not permitted.— S. 11669, 127Ji.7, 11^775, 11^903, lJf.968. These rules have been relaxed in favor of shipments of less than 8100 in value by land to Canada and Mexico, so that one landing certificate may be made to cover any niun- ber of such shipments by the same exporter to tlie same des¬ tination.— lJf209, U777. When merchandise exj)()rted with l)enefit of drawback is lan(h‘d at one foreign poll for entry and transpoilation to an iilteilor fordgn ])ort, th(‘ landing c(‘rtificate must be executed CONSULAR REGULATIONS. 315 at the port of first arrival by the consignee vho makes tlie entry for transimrtation beyond. ^ *-ii i These forms are specially adapted to the export of distilled spirits, but the same proof of landing in a foreip country is required to cancel a bond given for the exportation of domes¬ tic tobacco, snuff, and cigars under the lnternal-re^ eniie laws.— Beg., art. 66Jf. • ^ i • a 727 General directions.— Landing certificates must be signe f by the consignee abroad. In all eases tidiere practicable the signature of the principal should be affixed to the ( ocumeu . before or at the time of its presentation for the consular certificate; in no case should the signature of an agent be accepted unless absolute and legal proof of his authoriti is ^^Consular numbers for landing certificates should be com¬ menced on the 1st of January in each year and continiiec consecutively during the entire calendar year. The number should be written or stamped plainly at the left-hand uppt i corner on the face of the certificate. When fees for landing certificates are reported (paragrap i 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) is required to be kept by consular officers in a book furnished for t le ^’^m^For merchandise in transit to Canada and Mexico from for¬ eign countries.-Section 3005 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 maybe entered at a custom-house andcontejec in transit through the territory of the United States without pay¬ ment of duties, under such regulations as the Secretary of the Treasury may prescribe. Bond for merchandise exported to Canada under this law 316 CONSULAR REGULATIONS. may be canceled under the Treasury regulations, on receipt of a certificate of inspection and exportation made bj" the collector of customs of the United States at the frontier port and a certificate of landing in Canada by the collector at the Canadian i)ort of entry, without consular verification.— Oust. Reg., arts. 1^37,1^38. For the cancellation of the bond for merchandise in transit to ^Mexico under section 3005 of the Revised Statutes the ex])orter is required to produce, in addition to the certificate of inspection and exportation of the collector at the frontier port, a landing certificate (Form Xo. 184) of the foreign con¬ signee or a certificate of entry from a ^lexican customs officer, verified bv a consular officer of the United States (Form Xo. *. \ 185). The holder at a foreign port of a bill of lading issued to him by the common carrier may i)roperly lie considered as the consignee authorized to execute the landing certificate.— 8. 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 Avas suspended l)y a joint I’esolution of Congress passed March 1,1895, Avhich directs the Secretary of the Treasury to suspend the opera¬ tion of section 3005 of the Revised Statutes in so far as the same ])ei‘mits goods, Avares, and merchandise to be trans¬ ported in bond through the Ignited States into the Free Zone of ]\[exico so long as the Mexican Free Zone hiAA' exists.— i?resented to the President of the United States; If he aiiprove 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 jiass the Bill, it shall be sent, together with the Objections, 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 JournaJ 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 xiresented 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 (excejit on a (piestion of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be api)roved by him, or being disax)proved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations jirescribed 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 uniform 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 Laws 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 Offices 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 coTiimitted 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 discix)lining, 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, liy Cession of particu¬ lar States, and the Acceptance of Congress, become the Seat of tile 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 carrying 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 32G APPENDIX NO. I. prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may l)e 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 re(iuire 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 liy 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 bj’- the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolution. Office, or Title, of anj’ 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 ]\Ioney: emit Bills of Credit; make any Thing but gold and silver Coin a Tendt'r in Payment of Debts; pass any 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 ifs 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 be 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 wdth 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 Article II. 743. Section. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during 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 Office 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 clausing 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 clausing the Electors, and the Day on which they shall give their Votes; which day shall be the same throughoaat the United States. No Person except a natural boraa Citizen, or a Citizen of the Uiaited States, at the time of the Adoption of this Constitiatioaa, shall be eligible to the Office of President; neither shall any Person be eligible to that 328 APPENDIX NO. I. Office 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 Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, 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 shall then act as President, and such Officer 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, lueserve, 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 resjiective 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, i)rovided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Amliassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise i)rovided for, and which shall be established by Law: but the Congress may by Law vest the Api)ointment of such inferior Officers, as they think l)roi)er, 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. 329 745. Section. 3. He shall from time to time give to the Congress Infor- mationof the State of 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 Adjourn¬ 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 Officers 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. ThejudicialPowerof the United States, shall be vested 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 all 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 Testimony 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 with 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 b}' the Junction of two or more States, or Parts of States, without 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 R('gulations 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. 753. 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 Ai^plication of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. Article V. 754. The Congress, whenever two thirds of both 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 .-iudicial Officers, both of the United States and of the several States, shall be bound bv Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Article VII. 756. The Ratification of the Conventions of nine States, shall be suffi¬ 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. AMETsTDMKTsTTS. Article I. 757. Congress shall make no law respecting an establishment 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 jieople 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 jirescribed by law. Article IV. 760. The right of the people to l.e secure in their persons, houses, i)apers, and effects, 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, ersons who are undergo¬ ing a sentence for conviction in their own country of felonious crimes other than iiolitical 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 i)rostitution.” Every vessel arriving in the United States may be inspected under the direction of the collector of the i)ort at which it arrives, if he shall have reason to believe that any such obnoxious xiersons are on board; and the officer 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 xiersons, if any there be, ascertained by him to be 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 xiermission, 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 officer 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 officer 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 be 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 ’ 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 api)lied 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 ])roceeded against as in cases of frauds against the revenue laws, for which forfeiture is luescribed by existing law. [March 3, 1875.] Chap. 3TG.—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, agent, 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 currying 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 sui)ervision over the business of immigration to the United States, and for that i)ur- 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 affairs of immigration in the ports within said State, and to x)rovide 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 jnescribed by said Secretary; And it shall be the duty of such State commission, board, or officers so designated to examine into the condition of passengers arriving at the ports within such State in any ship or vessel, and for that i)urx)ose all or any of such commissioners or officers, or such other i)erson or i)er- sons as they shall ax)point, 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 x^assen- gers any convict, lunatic, idiot, or any x^erson unable to take care of himself or herself without becoming a x)nblic charge, they shall rex^ort the same in writing to the collector of such x^ort 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 x^i’otect the United States and immigrants into the United States from fraud and loss, and for carrying out the x^rovisions of this act and the immigration laws of the United States; and he shall x^rescribe 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 excex^t those convicted of x^olit- ical offenses, ux^on 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 x^ersons 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 x^ersons to the countries from whence they came, and shall furnish instructions to the board, commission, or x^ersona 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 x:>ermitted to land shall be borne l)y the owners of the vessels in which they came. 905. Sec. 5. That this act shall take effect immediately. [Aug. 3,1882.} 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. 22. That until the jtrovisions of section one, chapter thret? hundred and seventy-six, of the laws of eighteen hundred and eight}^- two, shall he made applicable to passengers coining into the United States by land carriage, said provisions shall not ax)ply to passengers coining by vessels einjiloyed 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, and the District of Columbia. 907. Be it enacted, &c., That from and after the passage of this act it shall be unlawful for any jierson, company, partnership, or corporation, in any manner whatsoever, to jirepay the transportation, or in any way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the United States, its Territories, or the District of Columbia, under contract or agreement, parol or special, express or implied, made previous to the importation or migi*ation of such alien or aliens, foreigner or foreigners, to perform labor or service of any kind in the United States, its Territories, or the District of Co¬ lumbia. 908. Sec. 2. That all contracts or agreements, express or implied, parol or special, which may hereafter be made by and between any person, company, partnership, or corporation, and any foreigner or foreigners, alien or aliens, to perform labor or service or having reference to the performance of labor or service b^" any person in the United States, its Territories, or the District of Columbia previous to the migration or importation of the person or persons whose labor or service is contracted for into the United States, shall be utterh" void and of no effect. 909. Sec. 8. That for every violation of any of the prowsions of section one of this act the person, partnership, company, or cori)oration violat¬ ing the same, by knowingly assi.sting, encouraging or soliciting the migration or importation of any alien or aliens, foreigner or foreigners, into the United States, its Territories, or the District of Columbia, to perform labor or service of any kind under contract or agretmient, express or implied, parol or special, with such alien or aliens, foreigner or foreigners, previous to becomnig residents or citizens of the United States, shall forfeit and pay for every such offence the sum of one thou- APPENDIX NO. II. 375 sand dollars, which may be sued for and recovered by the United States or by any person who shall first bring his action therefor including any such alien or foreigner who may be a party to any such contract or agreement, as debts of like amount are now recovered in the circuit courts of the United States; the proceeds to be paid into the Treasury of the United States; and separate suits may be brought for each alien or foreigner being a party to such contract or agreement aforesaid. And it shall be the duty of the district attorney of the proper district to prosecute every such suit at the expense of the United States. 910. Sec. 4. That the master of any vessel who shall knowingly bring within the United States on any such vessel, and land, or permit to be landed, from any foreign x)ort or place, any alien laborer, mechanic, or artisan who, previous to embarkation on such vessel, had entered into contract or agreement, jiarol or sjDecial, express or implied, to perform labor or service in the United States, shall be deemed guilty of a mis¬ demeanor, and on conviction thereof, shall be punished by a fine of not more than five hundred dollars for each and every such alien laborer, mechanic or artisan so brought as aforesaid, and may also be imprisoned for a term not exceeding six months. 911. Sec. 5. That nothing in this act shall be so construed as to pre¬ vent any citizen or subject of any foreign country temporarily residing in the United States, either in private or official capacity, from engaging, under contract or otherwise, persons not residents or citizens of the United States to act as private secretaries, servants, or domestics for such foreigner temporarily residing in the United States as aforesaid; Nor shall this act be so construed as to prevent any person, or persons, partnership, or corporation from engaging, under contract or agree¬ ment, skilled workman in foreign countries to perform labor in the United States in or upon any new industry not at present established in the United States: Provided, That skilled labor for that purpose can not be otherwise obtained; nor shall the provisions of this act apply to xirofessional actors, artists, lecturers, or singers, nor to jiersons employed strictly as jier- sonal or domestic servants: Provided, That nothing in this act shall be construed as prohibiting any individual from assisting any member of his family or any relative or personal friend, to migrate from any foreign country to the United States, for the jiurpose of settlement here. 912. Sec. 6. That all laws or jiarts of laws conflicting herewith be, and the same are hereby, repealed. [^Fehriiary 26, 1885.] 37G APPENDIX NO. II. Chap. 22().—All act to amend an act to prohibit the importation and immigration of foreigner.s and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia. 913. Be it enacted^ d'c.. That an act to prohibit the iiniiortation and iminigration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia, approved February twenty-sixth, eighteen hundred and eighty-five, and to provide for the enforcement thereof, be amended by adding the following: 914. Sec, (). That the Secretary of the Treasury is hereby charged with the duty of executing the provisions of this act, and for 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 Governor of any State to take charge of the local affairs of immigration in the ports within said State, under the rules and regulations to be prescribed by said Secretary; And it shall be the duty of such State Commission, board, or officers so designated to examine into the condition of passengers arriving at the ports within such State in any ship or vessel, and for that jiurpose all or any of such commissioners or officers, or such other person or persons as they shall appoint, shall be authorized to go on board of and through any such ship or vessel; And if in such examination there shall be found among such passen¬ gers any person included in the prohibition in this act, they shall report the same in writing to tlie collector of such port, and such persons shall not be permitted to land. 915. Sec. 7. That the Secretary of the Treasurj-shall establish such regulations and rules, and issue from time to time such instructions, not inconsistent with law, as he shall deem best calculated for carrying out the provisions of this act; 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. 916. Sec. 8. That all i)ersons included in the prohibition in this act, upon arrival, shall be sent back to the nations to which they belong and from whence they came. The Secretary of the Treasury may desig¬ nate the State board of charities of any State in which such board .shall exist by law, or any comnii.ssion in any State, or any ])erson or persons in any State, whose duty it shall be to execute the provisions of this sec¬ tion and shall be entitled to reasonable compen.sation therefor to be fixed by regulation i)rescribed by the Secretary of the Treasury. The Secretary of the Treasury shall lu’escriln? regulations for the return APPENDIX NO. II. 377 of the aforesaid persons to the countries from whence they came, and shall furnish instructions tp the board, commission, or persons charged with the execution of the provisions of this section as to the time of pro¬ cedure in respect thereto, and may change such instructions from time to time. The expense of such return of the aforesaid persons not i)er- mitted to land shall be borne by the owners of the vessels in which they came. And any vessel refusing to pay such expenses shall not thereafter be permitted to land at or clear from any port of the United States. And such expenses shall be a lien on said vessel. * * [Parf omitted makes (ippropriatioH.^ * * * 917. “Sec. 9. That all acts and parts of acts inconsistent with this act are hereby repealed. 918. “Sec. 10. That this act shall take effect at the expiration of thirty days after its passage. [Pchr? eign country; and any alien coining to this country in consequence of such an advertisement shall he treated as coming under a contract as contemplated by such act; and the penalties by said act imposed shall be applicable in such a case: Provided This section shall not apply to States and Immigration Bureaus of States advertising the inducements they offer for immigra¬ tion to such States. ^ 923. Sec. 4. That no steamship or transportation company or owners of vessels shall directly, or through agents, either by writing, printing, or oral representations, solicit, invite or encourage the immigration of any alien into the United States, excejit by ordinary commercial letters, circulars, advertisements, or oral representations, stating the sailings of their vessels and the terms and facilities of transportation therein; And for a violation of this provision any such steamship or transpor¬ tation company and any such owners of vessels, and the agents by them employed, shall be subjected to the penalties imposed by the third sec¬ tion of said act of February twenty-sixth, eighteen hundred and eighty- five, for violations of the provision of the first section of said act. 924. Sec. 5. That section five of said act of February twenty-sixth, eighteen hundred and eighty-five, shall be, and hereby is, amended by adding to the second proviso in said section the words nor to ministers of any religious denomination, nor persons belonging to any recognized profession, nor professors for colleges and seminaries,’’and by excluding from the second proviso of said section the words, or any relative or personal friend. ” 925. Sec. 6. That any person who shall bring into or land in the United States by vessel or otherwise, or who shall aid to bring into or land in the United States by vessel or otherwise, any alien not lawfully entitled to enter the United States shall be deemed guilty of a misde¬ meanor, and shall, on conviction, be punished by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding one year, or by both fine and imprisonment. 926. Sec. 7. That the office of superintendent of immigration is hereby created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer, whose salary shall be four thousand dollars per annum, payable monthly. The superintendent of immigration shall be an officer in the Treas¬ ury Department, under the control and supervision of the Secretary of the Treasury, to whom he shall make annual reports in writing of the 380 APPENDIX NO. II. transactions of his office, together with such special reports, in writing, as the Secretary of the Treasury shall recjuire. The Secretary shall provide the superintendent with a suitable fur¬ nished office in the city of Washington, and with such books of rec¬ ord and facilities for the discharge of the duties of his office as inav be necessary. He shall have a chief clerk, at a salary of two thousand dollars ])er annum, and two first-class clerks. 927. Sec. 8. That upon the arrival by water at any place within the United States of any alien immigrants it shall be the duty of the com¬ manding officer and the agents of the steam or sailing vessel by which they came to report the name, nationality, last residence, and destina¬ tion of every such alien, before any of them are landed, to the proper inspection officers, who shall thereupon go or send competent assistants on board such vessel and there insjiect all such aliens, or the in.spection officers may order a temporary removal of such aliens for examination at a designated time and place, and then and there detain them until a thorough inspection is made. But such removal shall not be considered a landing during the pendency of such examination. The medical examination shall be made by surgeons of the Marine Hosiutal Service. In cases where the services of a Marine Hospital Surgeon can not be obtained without causing unreasonable delay the inspector may cause an alien to be examined by a civil surgeon and the Secretary of the Treasur}" shall fix the compensation for such examination. The insi)ect:on officers and their assistants shall have power to admin¬ ister oaths, and to take and consider testimony touching the right of any such aliens to enter the United States, all of which shall be entered of record. During such inspection after temporary removal the superintendent shall caiise such aliens to be lU’operly housed, fed, and cared for, and also, in his discretion, such as are delayed in proceeding to their destina¬ tion after inspection. All decisions made by the ins])ection officers or their assistants touch¬ ing the right of any alien to land, when adverse to such right, shall be final unless appeal be taken to the sui)erintendent of immigration, whose action shall be subject to review by the Secretary of the Treasury. It shall be the duty of the aforesaid officers and agents of such vessel to adoi)t due i)recautions to i)revent the landing of any alien immigrant at any place t)r time other than that designated by the inspection officers. APPENDIX NO. TI. 381 and any such officer or agent or person in charge of such vessel who shall either knowingly or negligently land or permit to land any alien immi¬ grant at any place or time other than that designated hy the inspection officers, shall he deemed guilty of a misdemeanor and j)unished hy a fine not exceeding one thousand dollars, or hy imprisonment for a term not exceeding one year, or hy hoth such fine and imprisonment. That the Secretary of the Treasury may prescribe rules for inspection along the borders of Canada, British Columbia, and Mexico so as not to obstruct or unnecessarily delay, impede, or annoy passengers in ordi¬ nary travel between said countries: Provided, That not exceeding one inspector shall beapi^ointed for each customs district, and whose salary shall not exceed twelve hundred dol¬ lars per year. All duties imposed and powers conferred by the second section of the act of August third, eighteen hundred and eighty-two, upon State com¬ missioners, boards, or officers acting under contract with the Secretary of the Treasury shall be performed and exercised, as occasion may arise, by the inspection officers of the United States. 928. Sec. 9. That for the preservation of the peace and in order that arrests may be made for crimes under the laws of the States where the various United States immigrant stations are located, the officials in charge of such stations as occasion may require shall admit therein the proper State and municipal officers charged with the enforcement of such laws, and for the purposes of this section the jurisdiction of such officers and of the local courts shall extend over such stations. 929. Sec. 10. That all aliens who may unlawfully come to the United States shall, if practicable, be immediately sent back on the vessel by which they were brought in. The cost of their maintenance while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessel on which such aliens came; Andif any master, agent, consignee, or owner of such vessel shall refuse to receive back on board the vessel such aliens, or shall neglect to detain them thereon, or shall refuse or neglect to return them to the port from which they came, or to pay the cost of their maintenance while on land, such master, agent, consignee, or owner shall be deemed guilty of a mis¬ demeanor, and shall be punished by a fine not less than three hundred dollars for each and every offense; and any such vessel shall not have clearance from any port of the United States while any such fine is unpaid. 930. Sec. 11. That any alien who shall come into the United States in 382 APPENDIX NO. 11. violation of law may be returned as by law provided, at any time within one year thereafter, at the expense of the person or persons, vessel, trans¬ portation company, or corporation brining such alien into the United States, and if that can not be done, then at the expense of the United States; and any alien who becomes a public charge within one year after his arrival in the United States from causes existing prior to his land¬ ing therein shall be deemed to have come in violation of law and shall be returned as aforesaid. 931. Sec. 12. \^Relateii to pending casea.^ 932. Sec. 13. That the circuit and district courts of the United States are hereby invested with full and concurrent jurisdiction of all causes, civil and criminal, arising under any of the jirovisions of this act; and this act shall go into effect on the first day of April, eighteen hundred and ninety-one. [March 8 , 1891.] Chap. 2t)6. — An act to facilitate the enforcement of the immigration and contract- labor laws of the United States. 933. Beit enacted, d'C., That, in addition to conforming to all present requirements of law, upon the arrival of any alien immigrants by water at any port within the United States, it shall lie the duty of the master or commanding officer of the steamer or sailing vessel having said immi¬ grants on board to deliver to the prox)er inspector of immigration at the X^ort lists or manifests made at the time and place of embarkation of such alien immigrants on board such steamer or vessel, which shall, in answer 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 occuxiation; whether able to read or write; the nationality; the last residence; the seaxiort for landing in the United States; the final desti¬ nation, if any, beyond the seaport of landing; whether having a ticket through to such final destination; whether the immigrant has x)aid his own x^as.sage or whether it has been x^aid by other persons or by any corx)oration, society, municix)ality, or government; whether in x>osses- sion of money, and if so, whether ux)wards of thirty dollars and how much if thirty dollars 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 x^rison or almshouse or sux)l)orted by charity; whether a x^olygamist; whether under contract, exx)ress or implied, to perform labor in the United States; and what is the immigrant's condition of health mentally and x)hysic- ally, and whether deformed or cripi)led, and if so, from what cause. APPENDIX NO. II. * 383 934. Sec. 2. That the immigrants shall he listed in convenient groups and no one list or manifest shall contain more than thirty names. To each immigrant or head of a family shall he given a ticket on which shall he written his name, a numh'er or letter designating the list, and his number on the list, for convenience of identification on arrival. Each list or manifest shall he verified hy the signature and the oath or affirmation of the master or commanding officer or of the officer first or second helow him in command, taken hefore the United States consul or consular agent at the port of departure, hefore the sailing of said ves¬ sel, to the effect that he has made a personal examination of each and all of the passengers named therein, and that he has caused the surgeon of said vessel sailing therewith to mak > a physical examination of each of said passengers, and 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 suf¬ fering from a loathsome or dangerous contagious disease, or a person who has been convicted of a felony or other infamous crime or misde¬ meanor involving moral turpitude, or a polygamist, or under a contract or agreement, express or imjilied, to perform labor in the United States, and that also, 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. 935. Sec. 3. That the surgeon of said vessel sailing therewith shall also sign each of said lists or manifests before the departure of said vessel, and make oath or affirmation in like manner before said consul or con¬ sular agent, stating his professional experience and qualifications as a physician and surgeon, and 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 knowledge and belief, is full, correct, and true in all particulars relative to tlie mental and physical condition of said passengers. If no surgeon sails with any vessel bringing alien 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. 936. Sec. 4. That in the case of the failure of said master or command¬ ing officer of said vessel to deliver to the said inspector of immigration lists or manifests, verified as aforesaid, containing the information above required as to all alien immigrants on board, there shall be paid to the collector of customs at the port of arrival the sum of ten dollars for each 384 APPENDIX NO. II. immigrant qualified to enter the United States concerning whom the above information is not contained in any list as aforesaid, or said immi¬ grant shall not be permitted so to enter the United States, but shall be returned ’ like other excluded persons. 937. Sec. 5. That it shall be the duty of every inspector of arriving alien immigrants to detain for a special inciuiry, under section one of the immigration act of March third, eighteen hundred and ninety-one, every person who may not appear to him to be clearly and beyond doubt entitled to admission, and all siiecial inquiries shall be conducted by not less than four offi¬ cials acting as inspectors, to be designated in writing by the Secretary of the Treasury or the superintendent of immigration, for conducting special iiKpiiries; and no immigrant shall be admitted upon special inquiry except after a favorable decisions made by at least three of said inspectors: and any decision to admit shall be subject to appeal by any dissenting inspector to the superintendent of immigration, whose action shall be subject to review by the Secretary of the Treas¬ ury, as provided in section eight of said immigration act of March third, eighteen hundred and ninety-one. 938. Sec. (i. That section'' five of the act of March third, eighteen hundred and ninety-one, ‘‘in amendment of the various acts relative to immigration and the importation of aliens under contract or agreement to perform labor,’’is hereby amended by striking out the words “ second proviso’’ where they first occur in said section and inserting the words ‘‘first proviso” in their place; and section eight of said act is hereby so amended that the medical examinations of arriving immigrants to be made by surgeons of the ^Iarine-Hx).si)ital Service maybe made by any regular medical officers of such Marine-Hospital Service detailed therefor by the Secretary of the Treasury; ■ The return of excluded i)ersons is governed by 1S!)1, March 3, ch. 551, {i§ 10.11. ^ The act of 1885, Feb.liO, ch. h>4, in § 5, makes exce])tions to the exclusion enacted by the prior sections. In its first i)rovi.so it excepts profe.s.sional actors, lecturers, and others. In its .second i)roviso it permits assistance by per.sons here to members of their families to mij^rate to the United States. By § 5 of the act of 1891, March 3. ch. 551, amendment was made to S 5 of the act of 1885 for the purpose of excei)tin^ “ministers of any relifjious denomination ”, “persons belonj?ing to any recofjnized profe.ssion ” and “ i)rofessors for collcffes and seminaries”, but by error the amend¬ ment was made to the second, and not to the first, })rovi.so. The above provision corrects this error. APPENDIX NO. II. 385 and civil surgeons shall only he employed temporarily from time to time for specific emergencies. 939. Sec. 7. That no bond or guaranty, written or oral, that an alien immigrant shall not become a public charge shall he received from any person, comx>any, cori)oration, charitable or benevolent society or asso¬ ciation, unless authority to receive the same shall in each special case be given by the Sux)erintentent of Immigration, with the written ax)proval of the Secretary of the Treasury. 940. Sec. 8. That all steamshix) or transxiortation companies, and other owners of vessels, regularly engaged in transxiorting alien immigrants to the United States, shall twice a year file a certificate with the Secretary of the Tre:isury that they have furnished to be kept consxiicuously exxiosed to view in the office of each of their agents in foreign countries authorized to sell emigrant tickets, a cox^y of the law of March third, eighteen hundred and ninety-one, and of all subse(xuent laws of this country relative to immigration, xiriiited in large letters, in the lan¬ guage of the country where the coxjy of the law is to be exxiosed to view, and that they have instructed their agents to call the attention thereto of x^ersons contemxdating emigration before selling tickets to them; and in case of the failure for sixty days of any such company or any suc-h owners to file such a certificate, or in case they file a false certifi¬ cate, they shall x>ay a fine of not exceeding five hundred dollars, to b3 recovered in. the x^rox^er United States court, and said fine shall also be alien upon any vessel of said comx)any or owners found within the United States. 941. Sec. 9. That after the first day of January, eighteen hundred and ninety-three, all exclusive xii'ivileges of exchanging money, transx)ort- ing x^assengers or baggage, or keeping eating houses, and all other like Xnfivileges in connection with the Ellis Island immigrant station, shall be disx)Osed of after x^ublic coinx^etition. subject to such conditions and limitations as the Secretary of the Treasury may XJrescribe. 942. Sec. 10. That this act shall not apply to Chinese X)ersons; and shall take effect as to vessels dex)arting from foreign x^orts for X)orts within the United States after sixty days from the passage of this act. [J/arc/i 3 , 1893 .] AN ACT making aijpropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1895, and for other purposes, approved August 18, 1894, provides: 943. “That the head money from alien x^assengers on and after the first day of October next, collected under the Act of August third, 17824 C R-25 380 APPENDIX NO. II. eighteen hundred and eightj’-two, to regulate immigration, shall he one dollar in lien of the fifty cents as provided in said act. That such head money and all other receipts which shall he collected on and after July first, eighteen hundred and ninety-five, in connection with immigration shall he covered into the Treasury. And that the Commissioners of Immigration at the several ports shall he appointed hy the President, hy and with the advice and consent of the Senate, to held their offices for the term of four years, unless sooner removed, and until their suc¬ cessors are appointed; and nominations for such offices shall he made to the Senate hy the President as soon as practicable after the passage of this act.” AN ACT making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending .June ;K), and for other purposes, a])proved Mai'ch 2,1895, under the head “Bureau of Immigration,” provides: 944. ‘ ‘ That the Superintendent of Immigration shall hereafter he desig¬ nated as Commissioner-General of Immigration, and, in addition to his other duties, shall have cliarge, under the Secretary of the Treasury, of the administration of the alien contract-lahor laws, etc.” CuAP. 126.—An act to execute certain treaty stipulations relating to Chinese. Whereas, in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof: Therefore, 945. Be it oiacted, d'C. Sec. 1. [For substitute, see par. 949.] Sec. 2. [For substitute, see par. 900.] Sec. 8. [For substitute, see par. 9ol.]] Sec. 4. [For substitute, see pars. 9.o2,9T8.] Sec. o. [Su])erseded, see ])ar. 978.] Sec. (). [For substitute, see i)ar. 9r)8.] 946. Sec. 7. Tliat any ])er.son who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge any such certificate; or knowingly utter any forged or fraudulent cer¬ tificate, or falsely personate any person named in any such certificate, shall be deemed guilty of a misdemeanor; and upon conviction thereof .shall be fined in a sum not exceeding one thousand dollars, and impris¬ oned in a penitentiary for a term of not more than five years. 947. Sec. 8. [For substitute, see par 9r)4.] APPENDIX NO. II. 387 Sec. 9. That before any Chinese passengers are landed from any such vessel, the collector, or his deputy, shall proceed to examine such pas¬ sengers, comparing the certificates with the list and with the passen¬ gers; and no passenger shall be allowed to land in the United States from such vessel in violation of law. Sec. 10. [For substitute, see par. 955,] Sec. 11. [For substitute, see iiar. 956.] Sec. 12. [For substitute, see par. 957.] Sec. 13. [For substitute, see par. 958.] 948. Sec. 14. That hereafter no State court or court of the United States shall admit Chinese to citizenshixi; and all laws in conflict with this act are hereby repealed. Sec. 15. [For substitute, see par. 959.] [May 6, 1882.] Chap. 220. —An act to amend an act entitled “An act to execute certain treaty stipulations relating to Chinese approved May sixth eighteen hundred and eighty-two.” 949. Be it enacted, &c., That section one of the act entitled ‘'An act to execute certain treaty stipulations relating to Chinese ” apj)roved May sixth eighteen hundred and eighty-two, is hereby amended so as to read as follows: “ Whereas in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof; Therefore Be it enacted, rescribe the necessary forms and furnish the necessary blanks to enable collectors of internal revenne to issue the certificates recpiired hereby. ar.G use and necessary and appropriate for the use of such persons for the purposes of their journey and present comfort and convenience, or which are intended for any other person or persons, or for sale. ******* 1049. 680. Works of art, the production of American artists residing temporarily abroad, or other works of art, including pictorial paintings on glass, imported expressly for presentation to a national institution, or to any State or municipal corporation, or incorporated religious society, college, or other public institution, including stained or painted window glass or stained or painted glass windows; but such exemption shall be subject to such regulations as the Secre- tarj' of the Treasury may prescribe. ******* 1050. Sec. 5. That all articles of foreign manufacture, such as are usu¬ ally or ordinarily marked, stamped, branded, or labeled, and all pack¬ ages containing such or other imi^orted articles, shall, respectively, be plainly marked, stamped, branded, or labeled in legible English words, so as to indicate the country of their origin and the quantity of their contents; and until so marked, stamped, branded, or labeled they shall 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 measure¬ ment in excess of the quantity, number, or measurement actually con¬ tained in such article, no delivery of the same shall be made to the importer until the mark, stamp, brand, or label, as the case may be, shall be changed so as to conform to the facts of the case. ******* 1051. Sec. 15. That no goods, wares or merchandise, unless in cases provided for by treaty, shall be imported into the United States from any foreign port or place, except in vessels of the United States, or in such foreign vessels as truly and wholly belong to the citizens or sub¬ jects of that country of which the goods are tlie growth, production, or manufacture, or from which such goods, wares, or merchandise can only be, or most usually are, first shipped for transportation. All goods, wares, or merchandise imported contrary to this section, and the vessel wherein the same shall be imported, together vith her cargo, tackle, apparel, and furniture, shall be forfeited to the United States; and such goods, wares, or merchandise, ship, or vessel, and cargo shall be liable to be seized, prosecuted, and condemned in like manner, and APPENDIX NO. II. 427 Tinder the same regulations, restrictions, and provisions as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws. Sec. 16. That the preceding section shall not apply to vessels or goods, wares, or merchandise imported in vessels of a foreign nation which does not maintain a similar regulation against vessels of the United States. ******* 1052. Sec. 24. That all goods, wares, articles, and merchandise manu¬ factured wholly or in part in any foreign country by convict labor shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited. * * * * * * * 1053. Sec. 25. That the value of foreign coin as expressed in the money of account of the United States shall be that of the pure metal of such coin of standard value: and the values of the standard coins in circulation of the various nations of the world shall be estimated quarterly by the Director of the Mint, and be proclaimed by the Secretary of the Treasury immediately after the passage of this Act and thereafter quarterly on the first day of January, April, July, and October in each year. And the values so proclaimed shall be followed in estimating the value of all foreign merchandise exported to the United States during the quarter for which the value is proclaimed, and the date of the consular certification of any invoice shall, for the purposes of this section, be considered the date of exportation: Provided, That the Secretary of the Treasury may order the reliqui¬ dation of any entry at a different value, whenever satisfactory evidence shall be produced to him showing that the value in United States cur¬ rency of the foreign money specified in the invoice was, at the date of certification, at least ten per centum more or less than the value pro¬ claimed during the quarter in which the consular certification occurred. * * * * * * * TITLE XL. THE PUBEIC MOXEYS. ******* 1054. Sec. 3618. All proceeds of sales of old material, condemned stores, supplies, or other public property of any kind, except the pro¬ ceeds of the sale or leasing of marine hospitals, or of the sales of revenue- cutters, or of the sales of commissary stores to the officers and enlisted 428 APPENDIX NO. II. men of the Army, [or of materials, stores, or supplies sold to officers and soldiers of the Army] or of the sale of condemned Navy clothing, or of sales of materials, stores, or supplies to any exploring or surveying expedition authorized by law, shall be deposited and covered into the Treasury as miscellaneous receipts, on account of “ proceeds of Govern¬ ment property,” and shall not be withdrawn or applied, except in con¬ sequence of a subsequent appropriation made by law. ******* TITLE XLVI. THE POSTAL SERVICE. ******* 1055. Sec. 4014. The Postmaster-General or the Secretary of State is hereby authorized to empower the consuls of the United States to pay the foreign 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 by the consul marked as paid by him, and the amount thereof shall be collected in the United States as other postage, on the delivery of the letters, and repaid to said consul, or credited on his account at the State Department. ******* TITLE X L V11. (Secs. 4f)t)2-41»).) E( )REIOX REEATIOXS. 1056. Sec. 4071. The testimony of any witness residing within the United States, to be used in any suit for the recovery of money or prop¬ erty depending in any court in any foreign country with which tlie United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest, may be obtained, to be used in such suit. If a commission or letters rogatory to take such testimony, together with si)ecific written interrogatories, accompany¬ ing the same, and addressed to such witness, shall have been issued from the court in which such suit is ])ending, on producing the same before APPENDIX NO. II. the district judge of any district where the witness resides or shall be found, and on due proof being made to such judge that the testimony of any witness is material to the party desiring the same, such judge shall issue a summons to such witness requiring him to appear before the officer or commissioner named in such commission or letters rogatory, to testify in such suit. And no witness shall be compelled to appear or to testify under -this section except for the i^urpose of answering such interrogatories so issued and accompanying such commission or letters: Provided, That when counsel for all the parties attend the examination, they may consent that questions in addition to those accompanying the commission or letters rogatory may be put to the witness, unless the commission or letters rogatory exclude such additional interrogatories. The summons shall specify the time and place at which the witness is required to attend, which place shall be within one hundred miles of the place where the witness resides or shall be served with such summons. [See § 875.] 1057. Sec. 4072. No witness shall be required, on such examination or any other under letters rogatory, to make any disclosure or discovery which shall tend to criminate him either under the laws of the State or Territory within which such examination is had. or any other, or any foreign state. 1058. Sec. 4073. If any person shall refuse or neglect to appear at the time and place mentioned in the summons issued, in accordance with section forty hundred and seventy-one, or if upon his appearance he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit in the district court of the United States. 1059. Sec. 4074. Every witness who shall so appear and testify shall be allowed, and shall receive from the party at whose instance he shall have been summoned, the same fees and mileage as are allowed to witnesses in suits depending in the district courts of the United States. [See § 875.] 1060. Sec. 4075. The Secretary of State may grant and issue passports, and cause passports to be granted, issued, and verified in foreign coun¬ tries by such diplomatic or consular officers of the United States, and under such rules as the President shall designate and prescribe for and on behalf of the United States; and no other person shall grant, issue, or verify any such passport. Where a legation of the United States is established in any country, no person other than the diplomatic repre¬ sentative of the United States at such place shall be permitted to grant APPENDIX NO. II. 4:io t a or issue any passport, except in the absence therefrom of such representa¬ tive. [See g 212.] 1061. Sec. 4076. No passport shall be granted or issued to or verified for any other persons than citizens of the United States. 1062. Sec. 4077. All persons wli j shall be authorized to grant, issue, or verify passports, shall make return of the same to the Secretar}’ of State, in such manner and as often as he shall require; and such returns shall specify the names and all other particulars of the persons to whom the same shall be granted, issued, or verified, as embraced in such pass¬ port. 1063. Sec. 4078. If any person acting, or claiming to act, in any office or capacity, under the United States, or any of the States of the United States, who shall not be lawfully authorized so to do, shall grant, issue, or verify any passport or other instrument in the nature of a passport, to or for any citizen of the United States, or to or for any person claim¬ ing to be or designated as such in such passport or verification, or if any consular officer who shall be authorized to grant, issue, or verify pass¬ ports shall knowingly and willfully grant, issue, or verify any such passport to or for any person not a citizen of the United States, he shal^ be imprisoned for not more than one year, or fined not more than five hundred dollars, or both; and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. 1064. Sec. 4079. Whenever it is stipulated by treaty or convention between the United States and any foreign nation that the consul-gen¬ eral, consuls, vice-consuls, or consular or commercial agents of each nation, shall have exclusive jurisdiction of controversies, difficulties, or disorders arising at sea or in the waters or ports of the other nation, between the master or officers and any of the crew, or between any of the crew themselves, of any vessel belonging to the nation represented by such consular officer, such stipulations shall be executed and enforced within the jurisdiction of the United States as hereinafter declared. But before this section shall take effect as to the vessels of any particular nation having such treaty with the United States, the President shall be satisfied that similar jirovisions have been made for the execution of such treaty by the other contracting party, and shall issue his proclama¬ tion to that effect, declaring this section to be in force as to such nation. [See 5280.] 1065. Sec. 4080. In all cases within the jiurview of the preceding sec¬ tion the consul-general, consul, or other consular or commercial authority APPENDIX NO. II. 431 of such foreign nation charged with the appropriate duty in the particular case, may make application to any court of record of the United States, or to any judge thereof, or to any commissioner of a cir¬ cuit court, setting forth that such controversy, difficulty, or disorder has arisen, briefly stating the nature thereof, and when and where the same occurred, and exhibiting a certified copy or extract of the shipping- articles, roll, or other proper jJaper of the vessel, to the effect that the person in question is of the crew or ship’s company of such vessel; and further stating and certifying that such person has withdrawn himself, or is believed to be about to withdraw himself, from the control and discipline of the master and officers of the vessel, or that he has refused, or is about to refuse, to submit to and obey the lawful jurisdiction of such consular or commercial authority in the premises; and further stating and certifying that, to thb best of the knowledge and belief of the officer certifying, such person is not a citizen of the United States. Such application shall be in writing and duly authenticated by the con¬ sular or other sufficient official seal. Thereupon such court, judge, or commissioner shall issue his warrant for the arrest of the person so com¬ plained of, directed to the marshal of the United States for the appro¬ priate district, or in his discretion to any person, being a citizen of the United States, whom he may specially depute for the purpose, requir¬ ing such person to be brought before him for examination at a certain time and place. 1066. Sec. 4081. If, on such examination, it is made to appear that the person so arrested is a citizen of the United States, he shall be forthwith discharged from arrest, and shall be left to the ordinary course of law. But if this is not made to appear, and such court, judge, or commissioner finds, upon the papers hereinbefore referred to, a sufficient prima-facie case that the matter concerns only the internal order and discipline of such foreign vessel, or, whether in its nature civil or criminal, does not affect directly the execution of the laws of the United States, or the rights and duties of any citizen of the United States, he shall forthwith, by his warrant, commit such person to prison, where prisoners under sentence of a court of the United States may be lawfully committed, or, in his discretion, to the master or chief officer of such foreign vessel, to be subject to the lawful orders, control, and discipline of such master or chief officer, and to the jurisdiction of the consular or commercial authority of the nation to which such vessel belongs, to the exclusion of any authority or jurisdiction in the premises of the United States or any State thereof. No person shall be detained more than two months after 432 APPENDIX NO. II. his arrest, but at the end of that time shall be set at liberty and shall not again be arrested for the same cause. The expenses of the arrest and the detention of the person so arrested shall be paid by the consular officers making the application. 1067. Sec. 4082. 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 solem¬ nized within the United States. And such consular officers shall, in all cases, give to the parties married before them a certificate of such mar¬ riage, and shall send another certificate thereof to the Department of State, there to be kept; such certificates shall specify the names of the X)arties, their ages, places of birth, and residence. 1068. Sec. 4083. To carry into full effect the provisions of the treaties of the United States with China, Japan, Siam, Egypt, and Madagascar, respectively, the minister and the consuls of the United States, duly appointed to reside in each of those countries, shall, in addition to other powers and duties imposed upon them, respectively, by the provisions of such treaties, respectively, be invested with the judicial authority herein described, which shall apjiertain to the office of minister and con¬ sul, and be a part of the duties belonging thereto, wherein, and so far as, the same is allowed by treaty. 1069. Sec. 4084. The officers mentioned in the xu’eceding section are fully emi)owered to arraign and try, in the manner herein provided, all citizens of the United States charged with offenses against law, com¬ mitted in such countries, respectively, and to sentence such offenders in the manner herein authorized; and each of them is authorized to issue all such i)rocesses as are suitable and necessary to carry this authority into execution. 1070. Sec. 4085. Such officers are also invested with all the judicial authority necessary to execute the i^rovisions of such treaties, res^jec- tively, in regard to civil rights, whether of lu’operty or person; and they shall entertain jurisdiction in matters of contract, at the jiort where, or nearest to which, the contract was made, or at the i)ort at which, or nearest to which, it was to be executed, and in all other matters, at the I)ort where, or nearest to which, the cause of controversy arose, or at the port where, or nearest to which, the damage coniidained of was sustained, i)rovided such i)ort be one of the i^orts at which the United States are rei)resented by consuls. Such jurisdiction shall embrace all APPENDIX NO. II. 433 controversies between citizens of the United States, or others, provided for by such treaties, respectively. 1071. Sec. 4086. Jurisdiction in both criminal and civil matters shall, in all cases, be exercised and enforced in conformity with the laws of the United States, which are hereby, so far as is necessary to execute such treaties, respectively, and so far as they are suitable to carry the same into effect, extended over all citizens of the United States in those countries, and over all others to the extent that the terms of the treaties, respectively, justify or require. But in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies, the common law and the law of equity and admiralty shall be extended in like manner over such citizens and others in those countries; and if neither the common law, nor the law of equity or admiralty, nor the statutes of thfe United States, furnish appropriate and sufficient remedies, the ministers in those countries, respectively, shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies. 1072. Sec. 4087. Each of the consuls mentioned in section forty hun¬ dred and eighty-three, at the port for which he is appointed, is author¬ ized upon facts within his own knowledge, or which he has good reason to believe true, or upon complaint made or information filed in writing and authenticated in such way as shall be prescribed by the minister, to issue his warrant for the arrest of any citizen of the United States charged with committing in the country an offense against law; and to arraign and try any such offender; and to sentence him to punishment in the manner herein prescribed. 1073. Sec. 4088. The consuls and commercial agents of the United States at islands or in countries not inhabited by any civilized people, or recognized by any treaty with the United States, are authorized to try, hear, and determine all cases in regard to civil rights, whether of person or property, where the real debt or damages do not exceed the sum of one thousand dollars, exclusive of costs, and upon full hearing of the allegations and evidence of both parties, to give judgment accord¬ ing to the laws of the United States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction. They are also invested with the powers conferred by the provisions of sections forty hundred and eighty-six and forty hundred and eighty-seven for trial of offenses or misdemeanors. 17824 C R- 28 434 APPENDIX NO. II. 1074. Sec. 4089. Any consul when sitting alone may also decide all cases in which the fine imposed does not exceed five hundred dollars, or the term of imprisonment does not exceed ninety days; but in all such cases, if the fine exceeds one hundred dollars, or the term of imprison¬ ment for misdemeanors exceeds sixty days, the defendants or any of them, if there be more than one, may take the case, by appeal, before the minister, if allowed .-jurisdiction, either upon errors of law or mat¬ ters of fact, under such rules as may be prescribed by the minister for the prosecution of appeals in such cases. 1075. Sec. 4090. Capital cases for murder or insurrection against the government of either of the countries hereinbefore mentioned, by citi¬ zens of the United States, or for offenses against the public peace amounting to felony under the laws of the United States, may be tried before the minister of the United States in the country where the offense is committed if allowed jurisdiction; and every such minister may issue all manner of writs, to prevent the citizens of the United States from enlisting in the military or naval service of either of the said countries, to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against any other portion of the same people; and he may carry out this power by a resort to such force belonging to the United States, as may at the time be within his reach. 1076. Sec. 4091. Each of the ministers mentioned in section forty hundred and eighty-three shall, in the country to which he is appointed, be fully authorized to hear and decide all cases, criminal and civil, which may come before him, by appeal, under the provisions of this Title, and to issue all processes necessary to execute the power conferred upon him; and he is fully empowered to decide finally any case upon the evidence which comes up with it, or to hear the parties further, if he thinks justice will be promoted thereby; and he may also prescribe the rules upon which new trials may be granted, either by the consuls or by himself, if asked for upon sufficient grounds. 1077. Sec. 4092. On any final judgment in a consular court of China or Japan, where the matter in dispute exceeds five hundred dollars and does not exceed two thousand five hundred dollars, exclusive of costs, an appeal shall be allowed to the minister in such country, as the case may be. But the appellant shall comply with the conditions established by general regulations. And the ministers are hereby authorized and required to receive, hear, and determine such appeals. APPENDIX NO. II. 435 1078. Sec. 4093. On any final judgment in any consular court of China or Japan, where the matter in dispute, exclusive of costs, exceeds the sum of two thousand five hundred dollars, an appeal shall be allowed to the circuit court for the district of California, and upon such appeal a transcript of the libel, bill, answer, depositions, and all other proceedings in the cause shall be transmitted to the circuit court, and no new evi¬ dence shall be received on the hearing of the appeal; and the appeal shall be subject to the rules, regulations, and restrictions prescribed in law for writs of error from district courts to circuit courts. 1079. Sec. 4094. On any final judgment of the minister to China, or to Japan, given in the exercise of original jurisdiction, where the matter in dispute, exclusive of costs, exceeds two thousand five hundred dollars, an appeal shall be allowed to the circuit court, as provided in the preceding section. 1080. Sec. 4095. When any final judgment of the minister to China, or to Japan, is given in the exercise of originator of appellate criminal juris¬ diction, the person charged with the crime or offense, if he considers the judgment erroneous in point of law, may appeal therefrom to the circuit court for the district of California; but such appeal shall not operate as a stay of proceedings, unless the minister certifies that there is probable cause to grant the same, when the stay shall be such as the interests of justice may require. 1081. Sec. 4096. The circuit court for the district of California is author¬ ized and required to receive, hear, and determine the appeals provided for in this Title, and its decisions shall be final. 1082. Sec. 4097. In all cases, criminal and civil, the evidence shall be taken down in writing in open court, under such regulations as may be made for that purpose; and all objections to the competency or charac¬ ter of testimony shall be noted, with the ruling in all such cases, and the evidence shall be part of the case. 1083. Sec. 4098. It shall be the duty of the ministers and the consuls in the countries mentioned in section forty hundred and eighty-three, to encourage the settlement of controversies of a civil character, by mutual agreement, or to submit them to the decision of referees agreed upon by the parties; and the minister in each country shall prepare a form of submission for such cases, to be signed by the parties, and acknowledged before the consul. When parties have so agreed to refer, the referees may, after suitable notice of the time and place of meeting for the trial, proceed to hear the case, and a majority of them shall have power to 430 APPENDIX NO. II. decide the matter. If either party refuses or neglects to appear, the referees may proceed ex parte. After hearing any case such referees may deliver their award, sealed, to the consul, who, in court, shall open the same; and if he accepts it, he shall indorse the fact, and judgment shall be rendered thereon, and execution issue in compliance with the terms thereof. The parties, however, may always settle the same before return thereof is made to the consul. 1084. Sec. 4099. In all criminal cases which are not of a heinous char¬ acter, it shall be lawful for the parties aggrieved or concerned therein, with the assent of the minister in the country, or consul, to adjust and settle the same among themselves, upon pecuniary or other considera¬ tions. 1085. Sec. 4100. The ministers and consuls shall be fully authorized to call upon the local authorities to sustain and support them in the execution of the powers confided to them by treaty, and on their part to do and perform whatever is necessary to carry the provisions of the treaties into full effect, so far as they are to be executed in the coun¬ tries. respectively. 1086. Sec. 4101. In all cases, except as herein otherwise provided, the punishment of crime provided for by this title shall be by fine or impris¬ onment, or both, at the discretion of the officer who decides the case, but subject to the regulations herein contained, and such as may here¬ after be made. It shall, however, be the duty of such officer to award punishment according to the magnitude and aggravation of the offense. Every person who refuses or neglects to comply with the sentence passed upon him shall stand committed until he does comply, or is discharged by order of the consul, with the consent of the minister in the country. 1087. Sec. 410?. Insurrection or rebellion against the government of either of those countries, with intent to subvert the same, and murder, shall be capital offenses, punishable with death; but no person shall be convicted of either of those crimes, unless the consul and his associates in the trial all concur in opinion, and the minister also approves of the conviction. But it shall be lawful to convict one put upon trial for either of these crimes, of a less offense of a similar character, if the evidence justifies it, and to punish, as for other offenses, by fine or imprisonment, or both. 1088. Sec. 4108. Whenever any person is convicted of either of the crimes i)unishable with death, in either of those countries, it shall be the duty of the minister to issue his warrant for the execution of the convict, appointing the time, place, and manner; but if the minister is APPENDIX NO. II. 437 satisfied that the ends of public justice demand it, he may from time to time postpone such execution; and if he finds mitigating circumstances which authorize it, he may submit the case to the President for pardon. 1089. Sec. 4104. No fine imposed by a consul for a contempt commit¬ ted in presence of the court, or for failing to obey a summons from the same, shall exceed fifty dollars; nor shall the imprisonment exceed twenty-four hours for the same contempt. 1090. Sec. 4105. Any consul, when sitting alone for the trial of offenses or misdemeanors, shall decide finally all cases where the fine imposed does not exceed one hundred dollars, or the term of imprisonment does not exceed sixty days. 1091. Sec. 4106. Whenever, in any case, the consul is of opinion that, by reason of the legal questions which may arise therein, assistance will be useful to him, or whenever he is of opinion that severer punishments than those specified in the preceding sections will be required, he shall summon, to sit with him on the trial, one or more citizens of the United States, not exceeding four, and in capital cases not less than four, who shall be taken by lot from a list which had previously been submitted to and approved by the minister, and shall be persons of good repute and competent for the duty. Every such associate shall enter upon the record his judgment and opinion, and shall sign the same; but the consul shall give judgment in the case. If the consul and his associates concur in opinion, the decision shall, in all cases, except of capital offenses and except as provided in the preceding section, be final. If any of the associates differ in opinion from the consul, the case, without further proceedings, together with the evidence and opinions, shall be referred to the minister for his adjudication, either by entering up judgment therein, or by remitting the same to the consul with instructions how to proceed therewith. 1092. Sec. 4107. Each of the consuls mentioned in section four thou¬ sand and eighty-three shall have at the port for which he is appointed, jurisdiction as herein provided, in all civil cases arising under such trea¬ ties, respectively, wherein the damages demanded do not exceed the sum of five hundred dollars; and, if he sees fit to decide the same without aid, his decision thereon shall be final. But whenever he is of opinion that any such case involves legal perplexities, and that assistance will be useful to him, or whenever the damages demanded exceed five hundred dollars, he shall summon, to sit with him on the hearing of the case, not less than two nor more than three citizens of the United States, if such are residing at the port, who shall be taken from a list which had 438 APPENDIX NO. II. previously been submitted to and approved by the minister, and shall be of good repute and competent for the duty. Every such associate shall note upon the record his opinion, and also, in case he dissents from the consul, such reasons therefor as he thinks proper to assign; but the consul shall give judgment in the case. If the consul and his asso¬ ciates concur in opinion, the judgment shall be final. If any of the associates differ in opinion from the consul, either party may appeal to the minister, under such regulations as may exist; but if no appeal is lawfully claimed, the decision of the consul shall be final. 1093. Sec. 4108. The jurisdiction allowed by treaty to the ministers, respectively, in the countries n med in section four thousand and eighty- three shall be exercised by them in those countries, respectively, wher¬ ever they may be. 1094. Sec. 4109. The jurisdiction of such ministers in all matters of civil redress, or of crimes, except in capital cases for murder or insur¬ rection against the governments of such countries, respectively, or for offenses against the public peace amounting to felony under the laws of the United States, shall be appellate only: Provided, That in cases where a consular officer is interested, either as party or witness, such minister shall have original jurisdiction. 1095. Sec. 4110. All such officers shall be responsible for their conduct to the United States, and to the laws thereof, not only as diplomatic or consular officers, but as judicial officers, when they perform judicial duties, and shall be held liable for all negligences and misconduct as pub¬ lic officers. 1096. Sec. 4111. The President is authorized to appoint marshals for such of the consular courts in those countries as he may think proper, not to exceed seven in number, namely: one in Japan, four in China, one in Siam, and one in Turkey, each of whom shall receive a salary of one thousand dollars a year, in addition to the fees allowed by the regu¬ lations of the ministers, respectively, in those countries. 1097. Sec. 4112. It shall be the duty of the marshals, respectively, to execute all jJrocess issued by the minister of the United States in those countries, respectively, or by the consul at the port at which they reside, and to make due return thereof to the officer by whom it was issued, and to conform in all respects to the regulations prescribed by the min¬ isters, respectively, in regard to their duties. 1098. Sec. 4113. Each marshal, before entering upon the duties of his office, shall give bond for the faithful performance thereof in a i)enal sum not to exceed ten thousand dollars, with two sureties to be approved APPENDIX NO. II. 439 by the Secretary of State. Such bond shall be transmitted to the Secre¬ tary of the Treasury, and a certified copy thereof be lodged in the office of the minister. 1039. Sec. 4114. Whenever any person desires to bring suit uxion the bond of any such marshal, it shall be the duty of the Secretary of the Treasury, or of the minister having custody of a copy of the same, to give to the jierson so applying a certified copy thereof, upon which suit may be brought and prosecuted with the same effect as could be clone upon the original: Provided, The Secretary of the Treasury, or the min¬ ister to whom the application is made, is satisfied that there is jirobable cause of action against the marshal. 1100. Sec. 4115. Upon a plea of non est factum, verified uxion oath, or any other good cause shown, the court or the consul or minister try¬ ing the cause may require the original bond of the marshal in those countries to be produced; and it shall be the duty of the Secretary of the Treasury to forward the original bond to the court, or consul, or minister requiring the same. 1101. Sec. 4116. All rules, orders, writs, and processes of every kind which are intended to operate or be enforced against any of the mar¬ shals, in any of the countries named in this Title, shall be directed to and executed by such xiersons as may be appointed for that jiurpose by the minister or consul issuing the same. 1102. Sec. 4117. In order to organize and carry into effect the system of jurisprudence demanded by such treaties, respectively, the ministers, with the advice of the several consuls in each of the countries, respec¬ tively, or of so many of them as can be conveniently assembled, shall pre¬ scribe the forms of all processes to be issued by any of the consuls; the mode of executing and the time of returning the same; the manner in which trials shall be conducted, and how the records thereof shall be kept; the form of oaths for Christian witnesses, and the mode of examining all other witnesses; the costs to be allowed to the prevailing party, and the fees to be paid for judicial services; the manner in which all officers and agents to execute jirocess, and to carry this Title into effect, shall be aijpointed and compensated; the form of bail-bonds, and the security which shall be required of the party who appeals from the decision of a consul; and shall make all such further decrees and regulations from time to time, under the provisions of this Title, as the exigency may demand. 1103. Sec. 4118. All such regulations, decrees, and orders shall be Xilainly drawn up in writing, and submitted, as hereinbefore provided. 440 APPENDIX NO. II. for the advice of the consuls, or as many of them as can be consulted without prejudicial delay or inconvenience, and such consul shall sig¬ nify his assent or dissent in writing, with his name subscribed thereto. After taking such advice, and considering the same, the minister in each of those countries may, nevertheless, by causing the decree, order, or regulation to be published with his signature thereto, and the opinions of his advisers inscribed thereon, make it binding and obligatory, until annulled or modified by Congress; and it shall take effect from the publication or any subsequent day thereto named in the act. 1104. Sec. 4119. All such regulations, orders, and decrees shall, as speedily as may be after publication, be transmitted by the ministers, with the opinions of their ad\dsers, as drawn up by them severally, to the Secretary of State, to be laid before Congress for revision. 1105. Sec. 4120. It shall be the duty of the minister in each of those countries to establish a tariff of fees for judicial services, which shall be paid by such parties, and to such persons, as the minister shall direct; and the i^roceeds shall, as far as is necessary, be applied to defray the expenses incident to the execution of this Title; and regular accounts, both of receipts and expenditures, shall be kept by the minister and consuls and transmitted annually to the Secretary of State. 1106. Sec. 4121. The President, when provision is not otherwise made, is authorized to allow, in the adjustment of the accounts of each of the ministers or consuls, the actual expenses of the rent of suitable build¬ ings or parts of buildings to be used as prisons for American convicts in those countries, not to exceed in any case the rate of six hundred dol¬ lars a year; and also the wages of the keepers of the same, and for the care of offenders, not to exceed, in any case, the sum of eight hundred dollars per annum. But no more than one prison shall be hired in Japan, four in China, one in Turkey, and one in Siam, at such port or ports as the minister, with the sanction of the President, may designate, and the entire expense of prison and prison-keepers at the consulate of Bangkok, in Siam, shall not exceed the sum of one thousand dollars a year. 1107. Sec. 4122. The President is authorized to allow, in the adjust¬ ment of the accounts of the consul-general at Shanghai, the actual expense of the rent of a suitable building, to be used as a prison for American convicts in China, not to exceed one thousand five hundred dollars a year; and also the wages of the keepers of the same, and for the care of offenders, not to exceed five thousand dollars a year; and to allow, in the adjustment of the accounts of the consuls at other ports in APPENDIX NO. II. 441 China, the actual expense of the hire of constables and the care of offenders, not to exceed in all five thousand dollars a year. 1108. Sec. 4123. The President is hereby authorized to allow, in the adjustment of the accounts of the consul at Kanagawa, the actual expense of the rent of a suitable building, to be used as a prison for American convicts in Japan, and not to exceed seven hundred and fifty dollars a year; and also the wages of the keepers of the same, and for the care of offenders, not to exceed two thousand five hundred dollars a year; and to allow in the adjustment of the accounts of the consuls at other ports in Japan the actual expense of the hire of constables and the care of offenders, not to exceed in all two thousand five hundred dollars a year. 1109. Sec. 4124. The Secretary of State, through the minister resident at Japan, is authorized to rent, furnish, and keep suitable buildings, with grounds appurtenant, in Jeddo, or such other place as he may des¬ ignate, for a court-house and jail, at an annual cost not exceeding five thousand dollars: Provided, That the period for which the buildings shall be rented shall be for two years, with renewals for two years, as the Secretary of State may determine. 1110. Sec. 4125. The provisions of this Title, so far as the same relate to crimes and offenses committed by citizens of the United States, shall extend to Turkey, under the treaty with the Sublime Porte of May seventh, eighteen hundred and thirty, and shall be executed in the Ottoman dominions in conformity with the provisions of the treaty, and of this Title, by the minister and the consuls appointed to reside therein, who are hereby ex officio vested with the powers herein conferred upon the ministers and consuls in China, for the purposes above expressed, so far as regards the punishment of crime, and also for the exercise of jurisdiction in civil cases wherein the same is permitted by the laws of Turkey, or its usages in its intercourse with the Franks, or other foreign Christian nations. 1111. Sec. 4126. The provisions of this Title shall extend to Persia, in respect to all suits and disputes which may arise between citizens of the United States therein; and the minister and consuls who may be appointed to reside in Persia are hereby invested, in relation to such suits and disputes, with such powers as are by this Title conferred upon the ministers and consuls in China. All suits and disputes arising in Persia between Persian subjects and citizens of the United States shall be carried before the Persian tribunal to which such matters are usually referred, at the place where a consul or agent of the United States may 442 APPENDIX NO. II. reside, and shall be discussed and decided according to equity, in the presence of an employe of the consul or agent of the United States; and it shall be the duty of the consular officer to attend the trial in person, and see that justice is administered. All suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign powers, shall be tried and adjudicated by the intermedi¬ ation of their respective ministers or consuls, in accordance with such regulations as shall be mutually agreed upon by the minister of the United States for the time being, and the ministers of such foreign jiowers, respectively, which regulations shall from time to time be sul)- mitted to the Secretary of State. 1112 Sec. 4127. The provisions of this title, so far as the same are in conformity with the stipulations in the existing treaties between the United States and Tripoli, Tunis, Morocco, Muscat, and the Samoan or Navigator Islands, respectively, shall extend to those countries, and shall be executed in conformity with the provisions of the treaties and of the provisions of this title by the consuls appointed by the United States to reside therein, who are hereby ex officio invested with the powers herein delegated to the ministers and consuls of the United States appointed to reside in the countries named in section four thou¬ sand and eighty-three, so far as the same can be exercised under the pro¬ visions of treaties between the United States and the several countries mentioned in this section, and in accordance with the usages of the countries in their intercourse with the Franks or other foreign Christian nations. And whenever the United States shall negotiate a 1*reaty with any foreign government, in which the American consul-general or consul shall be clothed with judicial authority, and securing the right of trial to American citizens residing therein before such consul-general or con¬ sul, and containing iirovisions similar to or like those contained in the treaties with the governments named in this act, then said title, so far as the same may be applicable, shall have full force in reference to said treaty, and shall extend to the country of the government negotiating the same. [As amended by act of Jiine 14, 1878, 20 Stat., 131. J 1113. Sec. 4128. If at any time there be no minister in either of the countries hereinbefore mentioned, the judicial duties which are imposed by this Title upon the minister shall devolve ui)on the Secretary of State, who is authorized and reciuired to discharge the same. 1114. Sec. 4129. The provisions of this Title relating to the jurisdiction of consular and diplomatic officers over civil and criminal cases in the APPENDIX NO. II. 443 countries therein named, shall extend to any country of like character with which the United States may hereafter enter into treaty relations. 1115. Sec. 4130. The word “ minister,” when used in this title shall be understood to mean the person invested with, and exercising, the prin¬ cipal diplomatic functions. The word “ consul ” shall be understood to mean any person invested by the United States with, and exercising, the functions of consul-general, vice consul-general, consul or vice- consul. Chap. 62.—An act to authorize the President to accept for citizens of the United States the jurisdiction of certain tribunals in the Ottoman dominions, and Egypt, established, or to be established, under the authority of the Sublime Porte and of the government of Egypt. 1116. Be it enacted. &c., That whenever the President of the United States shall receive satisfactory information that the Ottoman govern¬ ment, or that of Egypt, has organized other tribunals on a basis likely to secure to citizens of the United States, in their dominions, the same impartial justice which they now enjoy there under the judicial func¬ tions exercised by the minister, consuls, and other functionaries of the United States, pursuant to the act of Congress approved the twenty- second of June, eighteen hundred and sixty, entitled “An act to carry into effect i3rovisions of the treaties between the United States, China, Persia, and other countries, giving certain judicial powers to ministers and consuls, or other functionaries of the United States in those coun¬ tries, and for other purposes,”^ he is hereby authorized to suspend the operations of said acts as to the dominions in which such tribunals may be organized, so far as the jurisdiction of said tribunals may embrace matters now cognizable by the ministers, consuls, or other function¬ aries of the United States in said dominions, and to notify the govern¬ ment of the Sublime Porte, or that of Egypt, or either of them, that the United States, during such suspension will, as aforesaid accept for their citizens the jurisdiction of the tribunals aforesaid over citizens of the United States which has heretofore been exercised by the ministers, consuls, or other functionaries of the United States. 1117. Sec. 2. That the President is hereby authorized for the benefit of American citizens residing in the Turkish dominions, to accept the 1 The provisions of the act of 1860, ch. 179 (12 Stat. L., 72j here referred to, are incor¬ porated into Revised Statutes in the sections noted in the margin. 2 The President issued his proclamation March 27. 1876, under this provision, sus¬ pending the jurisdiction of consular courts, as therein provided. See proclamation, 19 Stat. L., 6.52. 444 APPENDIX NO. II. recent law of the Ottoman Porte ceding the right of foreigners possess¬ ing immovable property in said dominions. * [J/arc/i. 23,1874.'] Chap. 34.—An act to fix the charge for j)assports atone dollar. 1118. Be it enacted, &c.. That from and after the passage of this act a fee of one dollar shall be collected for each citizen’s passport issued from the Department of State. That all acts or parts of acts inconsistent with this are hereby repealed. [March 23,1888.] TITJ^E XL VIII. (Sec. 4131-4305.) IIEGUDATIOX OF COMMFIICF AND XAVIGATIOX. 1119. Sec. 4131. Vessels registered pursuant to law, and no others, except such as shall be duly qualified, according to law, for carrying on the coasting trade and fisheries, or one of them, shall be deemed vessels of the United States, and entitled to the benefits and privileges apper¬ taining to such vessels; but they shall not enjoy the same longer than they shall continue to be wholly owned by citizens and to be commanded by a citizen of the United States. » All the officers of vessels of the United States shall be citizens of the United States, except that in cases where, on a foreign voyage, or on a voyage from an Atlantic to a Pacific port of the United States, any such vessel is for any reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the promotion of another officer to such place, may be supplied by a person not a citizen of the United States until the fir.st return of such vessel to its home port; and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer. [As amended by sec. 1, Act June 26, ’84, 23 Stat., 53.] 1120. Sec. 4100. No sea-letter or other document certifying or proving any vessel to be the property of a citizen of the United States shall be issued, except to vessels duly registered, or enrolled and licensed as vessels of the United States, or to vessels which shall be wholly owned ‘ The President issued his proclamation under this section October 1874, accept¬ ing the law of the Ottoman Porte ceding the right of foreigners i)os.sessing immov able ])roperty in the Turkish dominions, which, with the protocol and law, maybe found in 18 Stat. L., 850. APPENDIX NO. II. 445 by citizens of the United States, and furnished with or entitled to sea- letters or other custom-house documents. 1121. Sec. 4204. All vessels belonging to citizens of the United States, and bound from any port in the United States to any other port therein, or to any foreign port, or from any foreign port to any port in the United States, shall, before clearance, receive on board all such bullion, coin, United States notes and bonds and other securities, as the Government of the United States or any department thereof, or any minister, consul, vice-consul, or commercial or other agent of the United States abroad, shall offer, and shall securely convey and promptly deliver the same t > the proper authorities or consignees, on arriving at the port of destina¬ tion ; and shall receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business. 1122. Sec. 4207. Whenever any clearance is granted to any vessel of the United States, duly registered as such, and bound on any foreign voyage, the collector of the district shall annex thereto, in every case, a copy of the rates or tariffs of fees which diplomatic and consular officers are entitled, by the regulations prescribed by the President, to receive for their services. [See §§ 17,18.] 1123. Sec. 4213. It shall be the duty of all masters of vessels for whom any official services shall be performed by any consular officer, without the payment of a fee, to require a written statement 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 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 of not exceeding fifty dollars, unless such master shall state under oath that no such statement was furnished him by said consular officer. And it shall be the duty of every collector to forward to the Secretary of the Treasury all such statements as shall have been furnished to him, and also a statement of all certified invoices which shall have come to his office, giving the dates of the certificates, and the names of the persons for whom and of the consular officer by whom the same were certified. [As amended by sec. 13, Act June 26, ’84, 23 Stat., 53.] 1124. Sec. 4222. No consul or consular agent of the United States shall exact tonnage fees 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 such consul or consular agent shall 44G APPENDIX NO. II. I)erform some official services, required b}" law for such vessel, when she shall thus touch at a Canadian port. [See ^ 2793.] 1125. Sec. 4238. Consuls and vice-consuls, in cases where vessels of the United States are stranded on the coasts of their consulates respectively, shall, as far as the laws of the country will permit, take proper meas¬ ures. as well for the purpose of saving the 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 thereof so taken, shall, after deduct¬ ing therefrom the expenses, be delivered to the owners. No consul or vice-consul shall have authority to take possession of any such merchan¬ dise, or other property, when the master, owner, or consignee thereof is present or capable of taking possession of the same. 1126. Sec. 4250. 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 owners have to remove a master not an owner. This section shall not apply where there is a valid written agreement subsisting, by virtue of which such master would be entitled to possession, nor*in any case where a master has possession as part owner, obtained before the [nineieenth'\ [ninth] day of April, eighteen hundred and seventy-two. 1127. Sec. 4263. The master of any vessel employed in transporting passengers between the United States and Europe is authorized to main¬ tain good discipline and such habits of cleanliness among the passengers as will tend to the preservation and promotion of health; and to that end he shall cause such regulations as he may adopt for this purpose to be posted up, before sailing, on board such vessel, in a place accessible to such i)assengers, and shall keep the same so posted up during the voyage. Such master shall cause the apartments occupied by such pas¬ sengers to be kept at all times in a clean, healthy state; and the owners of every such vessel so employed are recpiired to construct the decks, and all parts of the apartments so that they can be thoroughly cleansed; and also to pro^dde a safe, convenient privy or water-closet for the exclusive use of every one hundred such passengers. The master shall also, when the weather is such that the passengers cannot be mustered on deck with their bedding, and at such other times as he may deem necessary, cause the deck occupied by such passengers to be cleansed with chloride of lime, or some other equally efficient disinfecting agent. And for each neglect or violation of any of the provisions of this section, the master and owner of any such vessel shall be severally liable to the APPENDIX NO. II. 447 United States in a penalty of fifty dollars, to be recovered in any cir¬ cuit or district court within the jurisdiction of which such vessel may arrive, or from which she is about to depart, or at any place where the owner or master may be found. TITLE XLIX. (Secs.430(>-4310.) REGUL-ATIOX OF VESSELS IX FOREIGX COMMERCE. 1128. Sec. 4306. Every vessel of the United States, going to any for¬ eign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector for the district where such vessel may be, with a passport, the form for which shall be prescribed by the Secretary of State. In order to be entitled to such passport, the master of every such vessel shall be bound, with sufficient sureties, to the Treasurer of the United States, in the penalty of two thousand dollars, conditioned that the passport shall not be applied to the use or protection of any other vessel than the one described in it; and that, in case of the loss or sale of any vessel having such passport, the same shall, within three months, be delivered up to the collector from whom it was received, if the loss or sale take place within the United States; or within six months, if the same shall happen at any place nearer than the Cape of Good Hope; and within eighteen months, if at a more distant place. 1129. Sec. 4307. If any vessel of the United States shall depart there¬ from, and shall be bound to any foreign country, other than to some port in America, without such passport, the master of such vessel shall be liable to a penalty of two hundred doll rs for every such offense. 1130. Sec. 4308. Every unregistered vessel owned by a citizen of the United States, and sailing with a sea-letter, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector of the district where such vessel may be with a passport, for which the master shall be subject to the rules and conditions prescribed for vessels of the United States. 1131. Sec. 4309. Every master of a vessel, belonging to citizens of the United States, who shall sail from any port of the United States, shall, on his arrival at a foreign port, deposit his register, sea-letter, and Mediter¬ ranean passport with the consul, vice-consul, commercial agent, or vice¬ commercial agent, if any there be at such port; and it shall be the duty 448 APPENDIX NO. II. of such consul, vice-consul, commercial agent, or vice-commercial agent, on such master or commander producing to him a clearance from the proper officer of the x)ort where his vessel may be, to deliver to the mas¬ ter all of his papers, if such master or commander has complied with the provisions of law relating to the discharge of seamen in a foreign country, and to the i:)ayment of the fees of consular officers. (See g 1718.) 1132. Sec. 4310. Every master of any such vessel who refuses or neglects to deposit the papers as required by the preceding section, shall be liable to a j^enalty of five hundred dollars, to be recovered by such consul, vice-consul, commercial agent, or vice-commercial agent, in his own name, for the benefit of the United States, in any court of compe¬ tent jurisdiction. TITLE LIU. (Sec. 4501-4612.) MEIICIIAXT 8EAMEX. CHAPTER I. SHIPPING-COMMISSIONEES. 1133. Sec. 4501. The Secretary of the Treasury shall appoint a com¬ missioner for each port of entry, which is also a port of ocean navig.i- tion, and which, in his judgment, may require the same; such comm s- sioner to be termed a shipping commissioner, and may, from time to time, remove from office any such commissioner whom he may have reason to believe does not i)roi)erly perform his duty, and shall then jjrovide for the proper i^erformance of his duties until another person is duly aiipointed in his place: Provided, That Shii^inng Commissioners now in office shall continuo to perform the duties thereof until others shall be appointed in their j)laces. Shiiqung Commissioners shall monthly render a full, exact, and itemized account of their receijits and exj^enditures to the Secretary of the Treasury, who shall determine their conii)ensation, and shall from time to time determine the number and compensation of the clerks ai^pointed by such commissioner, with the approval of the Secretary of the Treasury, subject to the limitations now fixed by law. APPENDIX NO. II. 449 The Secretary of the Treasury shall regulate the mode of conducting business in the shipping offices to be established by the shipping com¬ missioners as hereinafter provided, and shall have full and comidete control over the same, subject to the i^rovisions herein contained; and all expenditures by shipping commissioners shall be audited and adjusted in the Treasury Department in the mode and manner provided for expenditures in the collection of customs. All fees of Shipping Commissioners shall be paid into the Treasury of the United States and shall constitute a fund which shall be used under the direction of the Secretary of the Treasury to pay the compensation of said Commissioners and their clerks and such other expenses as he may find necessary to ensure the proper administration of their duties. [As amended by sec. 27, Act June 26, ’84, 23 Stat., 53.] 1134 . Sec. 4502. Every shipping-commissioner so appointed shall give bond to the United States, conditioned for the faithful i^erformance of the duties of his office, for a sum, in the discretion of the circuit judge, of not less than five thousand dollars, with two good and sufficient sureties therefor, to be approved by such judge; and shall take and sub¬ scribe the following oath before entering upon the duties of his office: “ I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and that I will truly and faith¬ fully discharge the duties of a shipping-commissioner to the best of my ability, and according to law.” Such oath shall be indorsed on the commission or certificate of appointment, and signed by him, and certi¬ fied by the officer before whom such oath shall have been taken. 1135 . Sec. 4503. In any port in which no shipping-commissioner shall have been appointed, the whole or any part of the business of a ship¬ ping-commissioner shall be conducted by the collector or deputy collector of customs of such port; and in respect of such business such custom¬ house shall be deemed a shipping-office, and the collector or deputy collector of customs to whom such business shall be committed, shall, for all purposes, be deemed a shipping-commissioner within the meaning of this Title. / 1136 . Sec. 4504. Any person other than a commissioner under this Title, who shall perform or attempt to perform, either directly or indirectly, the duties which are by this Title set forth as pertaining to a shipping-commissioner, shall be liable to a penalty of not more than five hundred dollars. Nothing in this Title, however, shall prevent the owner, or consignee, or master of any vessel except vessels bound from a port in the United States to any foreign port, other than vessels 17824 C.R- 29 450 APPENDIX NO. II. engaged in trade between the United States and the British North American possessions, or the West India Islands, or the republic of Mexico, and vessels of the burden of seventy-five tons or upward bound from a port on the Atlantic to a port on the Pacific, or vice versa, from performing, himself, so far as his vessel is concerned, the duties of shipping-commissioner under this Title. Whenever the master of any vessel shall engage his crew, or any x)art of the same, in any collection- district where no shipping-commissioner shall have been appointed, he may perform for himself the duties of such commissioner. 1137. Sec. 4505. Any shipping-commissioner may engage clerks to assist him in the transaction of the business of the shipping-office, at his own x^roper cost, and may, in case of necessity, depute such clerks to act for him in his official capacity; but the shipping-commissioner shall be held responsible for the acts of every such clerk or deputy, and will be personally liable for any penalties such clerk or deputy may incur by the violation of any of the provisions of this Title; and all acts done by a clerk, as such deputy, shall be as valid and binding as if done by the shipping-commissioner. 1138. Sec. 4506. Each shipping-commissioner shall provide a seal with which he shall authenticate all his official acts, on which seal shall be engraved the arms of the United States, and the name of the port or dis¬ trict for which he is commissioned. Any instrument, either printed or written, x^urxDorting to be the official act of a shix^ping-commissioner, and X)urporting to be under the seal and signature of such shix:)ping-commis- sioner, shall be received as presumx)tive evidence of the official character of such instrument, and of the truth of the facts therein set forth. 1139. Sec. 4507. Every shipping-commissioner shall lease, rent, or pro¬ cure, at his own cost, suitable premises for the transaction of business, and for the x)reservation of the books and other documents connected therewith; and these x^remises shall be styled the shipxnng-commissioner’s office. 1140. Sec. 4.508. The general duties of a shix^ping-commissioner shall be: First. To afford facilities for engaging seamen by keex^ing a register of their names and characters. Second. To sux:)erintend their engagement and discharge, in manner X^rescribed by law. Third. To x)rovide means for securing the x^resence on board at the X)rox)er times of men who are so engaged. Fourth. To facilitate the making of apxn’enticeships to the sea ser^^ce. Fifth. To x^erform such other duties relating to merchant seamen or merchant ships as are now or may hereafter be required by law. APPENDIX NO. II. 451 CHAPTER II. SHIPMENT. 1141 . Sec. 4509. Every shipping-commissioner appointed under this Title shall, if applied to for the purpose of apprenticing boys to the sea- service, by any master or owner of a vessel, or by any person legally qualified, give such assistance as is in his power for facilitating the mak¬ ing of such apprenticeships; but the shipping-commissioner shall ascer¬ tain that the boy has voluntarily consented to be bound, and that the parents or guardian of such boy have consented to such apprenticeship, and that he has attained the age of twelve years, and is of sufficient health and strength, and that the master to whom such boy is to be bound is a proper person for the purpose. Such apprenticeship shall terminate when the apprentice becomes eighteen years of age. The shipping-commissioner shall keep a register of all indentures of appren¬ ticeship made before him. 1142 . Sec. 4510. The master of every foreign-going vessel shall, before carrying any apprentice to sea from any place in the United States, cause such apprentice to appear before the shipping-commissioner before whom the crew is engaged, and shall produce to him the indenture by which such apprentice is bound, and the assignment or assignments thereof, if any; and the name of the apprentice, with the date of the indenture and of the assignment or assignments thereof, if any, shall be entered on the agreement; which shall be in the form as near as may be given in the table marked “A” in the schedule annexed to this Title; and no such assignment shall be made without the approval of a commis¬ sioner, of the apprentice, and of his parents or his guardian. For any violation of this section, the master shall be liable to a penalty of not more than one hundred dollars. 1143 . Sec. 4511. The master of every vessel bound from a port in the United States to any foreign port other than vessels engaged in trade between the United States and the British North American possessions, or the West India Islands, or the republic of Mexico, or of any vessel of the burden of seventy-five tons or upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall, before he proceeds on such voyage, make an agreement, in writing or in print, with every seaman whom he carries to sea as one of the crew, in the manner here¬ inafter mentioned; and every such agreement shall be, as near as may be, in the form given in the table marked A, in the schedule annexed to this Title, and shall be dated at the time of the first signature thereof, 452 APPENDIX NO. II. and shall oe signed by the master before any seaman signs the same, and shall contain the following particulars: First. The nature and, as far as practicable, the duration of the in¬ tended voyage or engagement, and the port or country at which the voyage is to terminate. Second. The number and description of the crew, specifying their respective employments. Third. The time at which each seaman is to be on board, to begin work. Fourth. The capacity in which each seaman is to serve. Fifth. The amount of wages which each seaman is to receive. Sixth. A scale of the provisions which are to be furnished to each seaman. Seventh. Any regulations as to conduct on board, and as to fines, short allowance of provisions, or other lawful punishments for misconduct, which may be sanctioned by Congress as proper to be adopted, and which the parties agree to adopt. Eighth. Any stipulations in reference to advance and allotment of wages, or other matters not contrary to law. 1144. Sec. 4512. The following rules shall be observed with respect to agreements: First. Every agreement, except such as are otherwise specially pro¬ vided for, shall be signed by each seaman in the presence of a shipping- commissioner. Second. When the crew is first engaged the agreement shall be signed in duplicate, and one part shall be retained by the shipping-commissioner, and the other part shall contain a special place or form for the descrip¬ tion and signatures of persons engaged subsequently to the first departure of the ship, and shall be delivered to the master. Third. Every agreement entered into before a shipping-commissioner shall be acknowledged and certified under the hand and official seal of such commissioner. The certificate of acknowledgment shall be indorsed on or annexed to the agreement; and shall be in the following form: “State of-, County of-: “On this-day of-, personally appeared before me, a shipping-commissioner in and for the said county, A. B., C. D., and E. F., severally known to me to be the same persons who executed the foregoing instrument, who each for himself acknowledged to me that he had read or had heard read the same; that he was by me made acquainted with the conditions thereof, 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.” APPENDIX NO. II. 453 1145. Sec. 4513. The [preceding section] [section forty-five hundred and eleven] shall not apply to masters of vessels where the seamen are by custom or agreement entitled to participate in the profits or result of a cruise or voyage, nor to masters of coastwise nor to masters of lake- going vessels that touch at foreign ports; but seamen may, by agree¬ ment, serve on board such vessels a definite time, or, on the return of any vessel to a port in the United States, may reship and sail in the same vessel on another voyage, without the payment of additional fees to the shipping-commissioner, by either the seamen or the master. 1146. Sec. 4514. If any person shall be carried to sea, as one of the crew on board of any vessel making a voyage as hereinbefore specified, without entering into an agreement with the master of such vessel, in the form and manner, and at the place and times in such cases required, the vessel shall be held liable for each such offense to a penalty of not more than two hundred dollars. But the vessel shall not be held liable for any person carried to sea, who shall have secretly stowed away him¬ self without the knowledge of the master, mate, or of any of the officers of the vessel, or who shall have falsely personated himself to the master, mate, or officers of the vessel, for the purpose of being carried to sea. 1147. Sec. 4515. If any master, mate, or other officer of a vessel know¬ ingly receives, or accepts, to be entered on board of any merchant ves¬ sel, any seaman who has been engaged or supplied contrary to the provisions of this Title, the vessel on board of which such seaman shall be found, shall for every such seaman, be liable to a penalty of not more than two hundred dollars. 1148. Sec. 4516. In case of desertion, or of casualty resulting in the loss of one or more seamen, the master may ship a number equal to the number of whose services he has been deprived by desertion or casualty, and report the same to the United States consul at the first port at which he shall arrive, without incurring the penalty prescribed by the two preceding sections. 1149. Sec. 4517. Every master of a merchant-vessel who engages any seaman at a place out of the United States, in which there is a consular officer or commercial agent, shall, before carrying such seaman to sea, procure the sanction of such officer, and shall engage seamen in his presence; and the rules governing the engagement of seamen before a shipping-commissioner in the United States, shall apply to such engage¬ ments made before a consular officer or commercial agent; and upon every such engagement the consular officer or commercial agent shall indorse upon the agreement his sanction thereof, and an attestation to 454 APPENDIX NO. II. tlie effect that the same has been signed in his presence, and otherwise duly made. 1150. Sec. 4518. Every master who engages any seaman in any place in which there is a consular officer or commercial agent, otherwise than as required by the preceding section, shall incur a penalty of not more than one hundred dollars, for which x^enalty the vessel shall be held liable. 1151. Sec. 4519. The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement, omitting signatures, to be i)laced or posted up in such j^art of the vessel as to be accessible to the crew; and on default shall be liable to a penalty of not more than one hundred dollars. 1152. Sec. 4520. Every master of any vessel of the burden of fifty tons or upwards, bound from a jjort in one State to a x)ort in any other than an adjoining State, except vessels of the burden of seventy-five tons or ui)ward, bound from a port on the Atlantic to a i)ort on the Pacific, or vice versa, shall, before he i)roceeds on such voyage, make an agree¬ ment in writing or in x)rint, with every seaman on board such vessel excei)t such as shall be apprentice or servant to himself or owners, declaring the voyage or term of time for which such seaman shall be shipi)ed. 1153. Sec. 4521. If any master of such vessel of the burden of fifty tons or upward shall carry out any seaman or mariner, excei)t ax)pren- tices or servants, without such contract or agreement being first made and signed by the seamen, such master shall pay to every such seaman the highest price or wages which shall have been given at the port or l)lace where such seaman was shii)i)ed, for a similar voyage, within three months next before the time of such shiiq)ing, if such seaman shall i)er- form such voyage; or if not, then for such time as he shall continue to do duty on board such vessel; and shall moreover be liable to a i)enalty of twenty dollars for every such seaman, recoverable, one-half to the use of the person ])rosecuting for the same, and the other half to the use of the United States. Any seaman wdio has not signed such a contract shall not be bound by the regulations nor subject to the i)enalties and forfeitures contained in this Title. 1154. Sec. 4.522. At the foot of every such contract to ship upon such a v^essel of the burden of fifty tons or u|)ward, there shall be a memoran¬ dum in writing of the day and the hour on which the seamen who shij) and subscribe shall render themselves on board to begin the voyage agreed upon. If any such seaman shall neglect to render himself on board the APPENDIX NO. II. 455 vessel, for which he has shipped, at the time mentioned in such memo¬ randum, and if the master of the vessel shall, on the day on which such neglect happened, make an entry in the log-book of such vessel, of the name of such seaman, and shall in like manner note the time that he so neglected to render himself, after the time appointed, every such sea¬ man shall forfeit for every hour which he shall so neglect to render him¬ self, one day's pay, according to the rate of wages agreed upon, to be deducted out of his wages. If any such seaman shall wholly neglect to render himself on board of such vessel, or having rendered himself on board, shall afterward desert and escape, so that the vessel ftroceed to sea without him, he shall be liable to pay to the master, owner, or consignee of the vessel, a sum equal to that paid to him by advance at the time of signing the contract, over and besides the sum so advanced, both which sums shall be recoverable in any court, or before any justice of any State, city, town, or county within the United States, which, by the laws thereof, have cognizance of debts of equal value, against such seaman or mariner, or his surety or sureties, in case he shall have given surety to proceed [on] the voyage. 1155. Sec. 4523. All shipments of seamen made contrary to the provi¬ sions of any act of Congress shall be void; and any seaman so shipped may leave the service at any time, and shall be entitled to recover the highest rate of wages of the port from which the seaman was shipped, or the sum agreed to be given him at his shipment. CHAPTER III. WAGES AND EFFECTS. 1156. Sec. 4524. 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. 1157. Sec. 4525. No right to wages shall be 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, notwithstanding that freight has not been earned. But in all cases of wreck or loss of vessel, proof that any seaman or apprentice has not exerted himself to the utmost to save the vessel, cargo, and stores, shall bar his claim. 456 APPENDIX NO. II. 1158. Sec. 4526. In cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the 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. 1159. Sec. 4527. Any seaman who has signed an agreement and is after¬ ward discharged before the commencement of the voyage or before one month's wages are earned, without fault on his part justifying such dis¬ charge, and without his consent, shall be entitled to receive from the master or owner, in addition to any wages he may have earned, a sum equal in amount to one month’s wages as compensation, and may, on adducing evidence satisfactory to the court hearing the case, of having been improperly discharged, recover such compensation as if it were wages duly earned. 1160. Sec. 4528. 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 fixed 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 committed by him. 1161. Sec. 4529. The master or owner of every vessel making voyages from a port on the Atlantic to a port on the Pacific, or vice versa, shall pay to every seaman his wages, within two days after the termination of the agreement, or at the time such seaman is discharged, whichever first happens; and, in the case of vessels making foreign voyages, within three days after the cargo has been delivered, or within five days after the seaman’s discharge, whichever first happens; 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 part of the balance due to him. Every master or owner who neglects or refuses to make payment in manner hereinbefore mentioned, without sufficient 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, during which payment is delayed beyond the respective periods; which sum shall be recoverable as wages in any claim made before the court. But this section shall not apply to the masters or owners of any vessel the seamen on wliich are entitled to share in the profits of the cruise or voyage. 1162. Sec. 4580. Every seaman shall be entitled to receive from the master of the vessel to which he belongs, one-third part of the wages which shall lx? due to him at every port where such vessel shall unlade and deliver her cargo before the voyage is ended, unless the contrary be APPENDIX NO. II. 457 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 be then due. 1163. Sec. 4531. All stipulations for the allotment of any part of the wages of a seaman, during his absence, which are made at the com¬ mencement of the voyage shall be inserted in the agreement, and shall state the amounts and times of the payments to be made, and the per¬ sons to wh m such payments are to be made. 1164. Sec. 4532. No advance of wages shall be made, or advance secur¬ ity given to any person, but to the seaman himself, or to his wife or mother; and no advance of wages shall be made, or advance security given, unless the agreement contains a stipulation for the same, and an accurate statement of the amount thereof; and no advance wages or advance security shall be given to any seaman except in the presence of the shipping-commissioner. 1165. Sec. 4533. If any advance of wages is made or advance security given to any seaman in any such manner as to constitute a breach of any of the provisions of the two preceding sections, the wages of such seaman shall be recoverable by him, as if no such advance had been made or promised; and in the case of any advance security so given, no person shall be sued thereon, unless he was a party to such breach. 1166. Sec. 4534. Whenever any advance security is discounted for any seaman, such seaman shall sign or set his mark to a receipt indorsed on the security, stating the sum actually paid or accounted for to him by the person discounting the same; and if the seaman sails in the vessel from the port of departure mentioned in the security, and is then duly earning his wages, or is previously discharged with the consent of the master, but not otherwise, the person discounting the security may, ten days after the final departure of the vessel from the port of departure mentioned in the security, sue for and recover the amount j^romised by the security, with costs, either from the owner or from any agent who has drawn or authorized the drawing of the security; and in any such proceeding it shall be sufficient for such person to prove that the security was given by the owner or master, or some other authorized agent, and that the same was discounted to and receipted by the seaman; and the seaman shall be presumed to have sailed in the vessel from such port, and to be duly earning his wages, unless the contrary is proved. 1167. Sec. 4535. No seaman shall, by any agreement other than is pro¬ vided by this Title, forfeit his lien upon the ship, or be deprived of any remedy for the recovery of his wages to which he would otherwise have 458 APPENDIX NO. II. been entitled; and every stipulation in any agreement inconsistent with any provision of this Title, 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. 1168. Sec. 4586. No wages due or accruing to any seaman or appren¬ tice shall be subject to attachment or arrestment from any court; and every payment of wages to a seaman or apprentice shall be valid in law, notwithstanding any previous sale or assignment of wages, or of any attachment, incumbrance, or arrestment thereon; and no assignment or sale of wages, or of salvage, made prior to the accruing thereof, shall bind the party making the same, except such advance securities as are authorized by this Title. 1169. Sec. 4537. No sum exceeding one dollar shall be recoverable from any seaman, by any one person, for any debt contracted during the time such seaman shall actually belong to any vessel, until the voyage for which such seaman engaged shall be ended. 1170. Sec. 4538. Whenever any seaman or apprentice belonging to or sent home on any merchant-vessel, whether a foreign-going or domestic vessel, employed on a voyage which is to terminate in the United States, dies during such voyage, the master shall take charge of all moneys, clothes, and effects which he leaves on board, and shall, if he thinks fit, cause all or any of such clothes and effects to be sold by auction at the mast or other public auction, and shall thereupon sign an entry in the official log-book, and cause it to be attested by the mate and one of the crew, containing the following particulars: First. A statement of the amount of money so left by the deceased. Second. In case of a sale, a description of each article sold, and the sum received for each. Third. A statement of the sum due to deceased as wages, and the total amount of deductions, if any, to be made therefrom. 1171. Sec. 4539. In cases embraced by the preceding section, the fol¬ lowing rules shall be observed: First. If the vessel proceeds at once to any port in the United States, the master shall, within forty-eight hours after his arrival, deliver any such effects remaining unsold, and pay any money which he has taken charge of, or received from such sale, and the balance of wages due to the deceased, to the shipping-commissioner at the port of destination in the United States. Second. If the ves.sel touches and remains at some foreign port before APPENDIX NO. II. 459 coming to any port in the United States, the master shall report the case to the United States consular officer there, and shall give to such officer any information he requires as to the destination of the vessel and probable length of the voyage; and such officer may, if he considers it expedient so to do, require the effects, money, and wages to be delivered and paid to him, and shall, upon such delivery and payment, give to the master a receipt; and the master shall within forty-eight hours after his arrival at his port of destination in the United States produce the same to the shipping-commissioner there. Such consular officer shall, in any such case, indorse and certify upon the agreement with the crew the particulars with respect to such delivery and payment. Third. If the consular officer does not require such payment and delivery to be made to him, the master shall take charge of the effects, money, and wages, and shall, within forty-eight hours after his arrival at his port of destination in the United States, deliver and pay the same to the shipping-commissioner there. Fourth. The master shall, in all cases in which any seaman or appren¬ tice dies during the voyage or engagement, give to such officer or ship¬ ping-commissioner an account, in such form as they may respectively require, of the effects, money, and wages so to be delivered and paid; and no deductions claimed in such account shall be allowed unless verified by an entry in the official log-book, if there be any; and by such other vouchers, if any, as may be reasonably required by the officer or shipping-commissioner to whom the account is rendered. Fifth. Upon due'compliance with such of the provisions of this sec¬ tion as relate to acts to be done at the port of destination in the United States, the shipping-commissioner shall grant to the master a certificate to that effect. No officer of customs shall clear any foreign-going vessel without the production of such certificate. 1172. Sec. 4540. Whenever any master fails to take such charge of the money or other effects of a seaman or apprentice during a voyage, or to make such entries in respect thereof, or to procure such attestation to such entries, or to make such payment or delivery of any money, wages, or effects of any seaman or apprentice dying during a voyage, or to give such account in respect thereof as is above directed, he shall be account¬ able for the money, wages, and effects of the seaman or apprentice to the circuit court in whose jurisdiction such port of destination is situate, and shall pay and deliver the same accordingly; and he shall, in addition, for every such offense, be liable to a penalty of not more than treble the value of the money or effects, or, if such value is not ascertained, not more 460 APPENDIX NO. II. than two hundred dollars; and if any such money, wages, or effects are not duly paid, delivered, and accounted for by the master, the owner of the vessel shall pay, deliver, and account for the same, and such money and wages and the value* of such effects shall be recoverable from him accordingly; and if he fails to account for and pay the same, he shall, in addition to his liability for the money and value, be liable to the same penalty which is incurred by the master for a like offense; and all money, wages, and effects of any seaman or apprentice dying during a voyage shall be recoverable in the courts and by the modes of proceed¬ ing by wliich seamen are enabled to recover wages due to them. 1173. Sec. 4541. Whenever any such seaman or apprentice dies at any place out of the United States, leaving any money or effects not on board of his vessel, the consular officer of the United States at or near¬ est the i)lace shall claim and 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 provi¬ sions of this Title, and shall quarterly remit to the district judge for the district embracing the jiort from which such vessel sailed, or the port where the voyage terminates, all moneys belonging to or arising from the sale of the effects or paid as the wages of any deceased seaman or ai)prentices which have come to his hands; and shall render such accounts thereof as the district judge requires. 1174. Sec. 4542. Whenever any seaman or apprentice dies in the United States, and is, at the time of his death, entitled to claim from the master or owner of any vessel in which he has served, any unjiaid wages or effects, such master or owner shall pay and deliver, or account for the same, to the shipping-commissioner at the port where the sea¬ man or api)rentice was discharged, or was to have been discharged. 1175. Sec. 4543. Every shipping-commissioner in the United States shall, within one week from the date of receiving any such money, wages, or effects of any deceased seaman or apprentice, pay, remit, or deliver to the circuit court of the circuit in which he resides, the money, wages, or effects, subject to such deductions as may be allowed by the circuit court for expenses incurred in respect to such money and effects; and should any commissioner fail to pay, remit, and deliver the same to the circuit court, within the time hereinbefore mentioned, he shall incur a penalty of not more than treble the value of such money and effects. 1176. Sec. 4544. If the money and effects of any .seaman or apprentice APPENDIX NO. II. 4G1 paid, remitted, or delivered to the circuit court, including the moneys received for any part of his effects which have been sold, either before delivery to the circuit court, or by its directions, do not exceed in value the sum of three hundred dollars, then, subject to the provisions here¬ inafter contained, and to all such deductions for expenses incurred in respect to the seaman or apprentice, or of his money and effects, as the said court thinks fit to allow, the court may pay and deliver the said money and effects to any claimants who can prove themselves either to be his widow or children, or to be entitled to the effects of the deceased under his will, or under any statute, or at common law, or to be entitled to procure probate, or take out letters of administration or confirma¬ tion, although no probate or letters of administration or confirmation have been taken out, and shall be thereby discharged from all further liability in respect of the money and effects so paid and delivered; or may, if it thinks fit so to do, require probate, or letters of administration or confirmation, to be taken out, and thereupon pay and deliver the said money and effects to the legal personal representatives of the deceased; and if such money and effects exceed in value the sum of three hundred dollars, then, subject to deduction for expenses, the court shall pay and deliver the same to the legal personal representatives of the deceased. 1177. Sec. 4545. When no claim to the wages or effects of a deceased seaman or apprentice, received by a circuit court, is substantiated within six years after the receipt thereof by the court, it shall be in the abso¬ lute discretion of the court, if any subsequent claim is made, either to allow or refuse the same. Such courts shall, from time to time, pay any moneys arising from the unclaimed wages and effects of deceased sea¬ men, which, in their opinion, it is not necessary to retain for the pur¬ pose of satisfying claims, into the Treasury of the United States, and such moneys shall form a fund for, and be appropriated to, the relief of sick and disabled and destitute seamen belonging to the United States merchant marine service. 1178. Sec. 4546. Whenever the wages of any seaman are not paid within ten days after the time when the same ought to be paid accord¬ ing to the provisions of this Title, or any dispute arises between the master and seamen touching wages, the district judge for the judicial district where the vessel is, or in case his residence be more than three miles from the place, or he be absent from the place of his residence, then, any judge or justice of the peace, or any commissioner of a circuit court, may summon the master of such vessel to appear before him, to 462 APPENDIX NO. II. show cause why process should not issue against such vessel, her tackle, apparel, and furniture, according to the course of admiralty courts, to answer for the wages. 1179. Sec. 4547. If the master against whom such summons is issued neglects to appear, or, appearing, does not show that the wages are paid, or otherwise satisfied or forfeited, and if the matter in dispute is not forthwith settled, the judge or justice or commissioner shall certify to the clerk of the district court that there is sufficient cause of com¬ plaint whereon to found admiralty process, and thereupon the clerk of such court shall issue process against the vessel, and the suit shall be proceeded on in the court, and final judgment shall be given according to the usual course of admiralty courts in such cases. In such suit all the seamen having cause of complaint of the like kind against the same vessel, shall be joined as complainants; and it shall be incumbent on the master to produce the contract and log-book, if required, to ascer¬ tain any matters in dispute; otherwise the complainants shall be per¬ mitted to state the contents thereof, and the proof of the contrary shall lie on the master. But nothing herein contained shall prevent any seaman from maintaining any action at common law for the recovery of his wages, or having immediate process out of any court having admiralty jurisdiction, wherever any vessel may be found, in case she shall have left the port of delivery where her voyage ended, before pay¬ ment of the wages, or in case she shall be about to proceed to sea before the end of the ten days next after the delivery of her cargo or ballast. 1180. ^EC. 4548. Moneys paid under the laws of the United States, by direction of consular officers or agents, at any foreign port or place, as wages, extra or otherwise, due American seamen, shall be paid in gold or its equivalent, without any deduction whatever, any contract to the contrary notwithstanding. CHAPTER IV. DISCHARGE. 1181. Sec: 4540, All seamen discharged in the United States from merchant vessels engaged in voyages from a port in the United States to any foreign port, or, being of the burden of seventy-five tons or upward, from a port on the Atlantic to a port on the Pacific, or vice versa, shall be discharged and receive their wages in the presence of a duly authorized shipping-commissioner under this Title, except in cases APPENDIX NO. II. 4G3 where some competent court otherwise directs; and any master or owner of any such vessel who discharges any such seaman belonging thereto, or pays his wages within the United States in any other manner, shall be liable to a penalty of not more than fifty dollars. [See § 5363.] 1182. Sec. 4550. Every master shall, not less than forty-eight hours before paying off or discharging any seaman, deliver to him, or, if he is to be discharged before a shipping-commissioner, to such shipping- commissioner, a full and true account of his wages, and all deductions to be made therefrom on any account whatsoever; and in default shall, for each offense, be liable to a penalty of not more than fifty dollars. No deduction from the wages of any seaman except in respect of some matter happening after such delivery shall be allowed, unless it is included in the account delivered; and the master shall, during the voyage, enter the various matters in respect to which such deductions are made, with the amounts of the respecti^'e deductions as they occur, in the official log-book, and shall, if required, produce such book at the time of the payment of wages, and, also, upon the hearing, before any competent authority, of any complaint or question relating to such payment. 1183. Sec. 4551. Upon the discharge of any seaman, or upon payment of his wages, the master shall sign and give him a certificate of discharge, specifying the period of his service and the time and place of his dis¬ charge, in the form marked Table B in the schedule annexed to this Title; and every master who fails to sign and give to such seaman such certificate and discharge, shall, for each such offense, incur a i^enalty not exceeding fifty dollars. But whenever the master shall discharge his crew or any part thereof in any collection-district where no shipping- commissioner has been appointed, he may perform for himself the duties of such commissioner. 1184. Sec. 4552. The following rules shall be observed with respect to the settlement of wages: First. Upon the completion, before a shipping-commissioner, of any discharge and settlement, the master or owner and each seaman, respect¬ ively, in the presence of the shipping-commissioner, shall sign a mutual release of all claims for wages in respect of the past voyage or engage¬ ment, and the shipping-commissioner shall also sign and attest it, and shall retain it in a book to be kept for that purj^ose, provided both the master and seamen assent to such settlement, or the settlement has been adjusted by the shipping-commissioner. 464 APPENDIX NO. 11. Second. Such release, so signed and attested, shall operate as a mutual discharge and settlement of all demands for wages between the parties thereto, on account of wages, in respect of the past voyage or engage¬ ment. * Third. A coi)y of such release, certified under the hand and seal of such shipping-commissioner to be a true copy, shall be given by him to any party thereto requiring the same, and such copy shall be receivable in evidence upon any future question touching such claims, and shall have all the effect of the original of which its purports to be a copy. Fourth. In cases in which discharge and settlement before a shipping- commissioner are required, no payment, receipt, settlement, or discharge otherwise made shall operate as evidence of the release or satisfaction of any claim. Fifth. Upon i)ayment being made by a master before a shipping-com¬ missioner, the shipping-commissioner shall, if required, sign and give to such master a statement of the whole amount so paid; and such state¬ ment shall, between the master and his employer, be received as evidence that he has made the payments therein mentioned. 1135. Sec. 4553. Upon every discharge effected before a shipping- commissioner, the master shall make and sign, in the .form given in the table marked “B,”in the schedule annexed to this Title, a report of the conduct, character, and qualifications of the persons discharged; or may state in such form, that he declines to give any opinion upon such l)articulars, or upon any of them; and the commissioner shall keep a register of the same, and shall, if desired so to do by any seaman, give to him or indorse on his certificate of discharge a copy of so much of such report as concerns him. / CHAPTER V. PROTECTION AND RELIEF. 1186. Sec. 4554. Every shipping-commissioner shall hear and decide any (luestion whatsoever between a master, consignee, agent, or owner, and any of his crew, which both parties agree in writing to submit to him; and every award so made by him shall be binding on both parties, and shall, in any legal proceedings which may be taken in the matter, before any court of justice, be deemed to be conclusive as to the rights of parties. And any document under the hand and official seal of a commissioner purporting to be such submission or award, shall be prima-facie evidence thereof. APPENDIX NO. II. 465 1187 Sec. 4555. In any proceeding relating to the wages, claims, or discharge of a seaman, carried on before any shipping-commissioner, under the provisions of this Title, such shipxDing-commissioner may call upon the owner, or his agent, or ux)on the master, or any mate, or any other member of the crew, to produce any log-books, pai)ers, or other documents in their possession or power, respectively, relating to any matter in question in such proceedings, and may call before him and examine any of such persons, being then at or near the place, on any such matter; and every owner, agent, master, mate, or other member of the crew who, when called upon by the shipping-commissioner, does not produce any such books, papers, or documents, if in his jDossession or power, or does not appear and give evidence, shall, unless he shows some reasonable cause for such default, be liable to a penalty of not more than one hundred dollars for each offense; and, on application made by the shipping-commissioner, shall be further jiunished, in the discretion of the court, as in other cases of contempt of the process of the court. 1188. Sec. 4556. If the mate or first officer under the master, and a majority of the crew of any vessel, bound on a voyage to any foreign port, shall, after the voyage is begun, and before the vessel shall have left the land, discover that the vessel is too leaky, or is otherwise unfit in her crew, body, tackle, apparel, furniture, provisions, or stores, to proceed on the intended voyage, and shall require such unfitness to be inquired into, the master shall, upon the request of the mate or other officer and such majority, forthwith proceed to or stop at the nearest or most convenient port or place where such inquiry can be made, and shall there apply to the judge of the district court of that judicial dis¬ trict, if he shall there reside, or if not, to some justice of the peace of the city, town, or place, taking with him two or more of the crew who shall have made such request. 1189. Sec. 4557. The judge or justice shall, upon such application of the master or commander, issue his precept directed to three persons in the neighborhood, the most skillful in maritime affairs that can be pro¬ cured, requiring them to repair on board such vessel, and to examine the same in respect to the defects and insufficiencies comxfiained of, and to make report to him, the judge or justice, as the case may be, in writ¬ ing under their hands, or the hands of two of them, whether in any or in what respect the vessel is unfit to proceed on the intended voyage, and what addition of men, provisions, or stores, or what repairs or alter¬ ations in the body, tackle, or apparel will be necessary; and upon such 17824 C R-30 466 APPENDIX NO. II. report the judge or justice shall adjudge, and shall indorse on the report his judgment, whether the vessel is fit to proceed on the intended voy¬ age; and if not, whether such repairs can be made or deficiencies sup¬ plied where the vessel then lies, or whether it is necessary for her to return to the port from whence she first sailed, to be there refitted; and the master and crew shall in all things conform to the judgment. The master or commander shall, in the first instance, pay all the costs of such view, report, and judgment, to be taxed and allowed on a fair copy thereof, certified by the judge or justice. But if the complaint of the crew shall appear, upon the report and judgment, to have been without foundation, the master or commander, or the owner or consignee of such vessel, shall deduct the amount thereof, and of reasonable damages for the detention, to be ascertained by the judge or justice, out of the wages growing due to the complaining seamen. 1190. Sec. 4558. If after judgment thafsuch vessel is fit to proceed on her intended voyage, or after procuring such men, provisions, stores, repairs, or alterations as may be directed, the seamen, or either of them, shall refuse to proceed on the voyage, it shall be lawful for any justice of the peace to commit, by warrant under his hand and seal, every such seaman who refuses to the common jail of the count}’, there to remain without bail or mainprise until he has paid double the sum advanced to him at the time of subscribing the contract for the voyage, together with such reasonable costs as are allowed by the justice, and inserted in the warrant; and the sureties of such seaman, in case he has given any, shall remain liable for such payment; nor shall any such seaman be discharged upon any writ of habeas corims or otherwise, for want of any form of commitment, or other previous proceedings, until such sum is paid by him or his surety, if sufficient matter be made to appear, upon the return’ of such habeas corpus, and an examination then had, to detain him for the causes hereinbefore assigned. 1191. Sec. 4559. Upon a complaint in writing, signed by the first, or the second and third officers and a majority of the crew, of any vessel while in a foreign port, that such vessel is in an unsuitable condition to go to sea, because she is leaky, or insufficiently supplied vuth sails, rig¬ ging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her provisions, stores, and supplies are not. or have not been, during the voyage, sufficient an4 wholesome, thereui)on, in any of these or like cases, the consul or a commercial agent who may discharge any duties of a consul, shall appoint two disinterested, competent, prac¬ tical men, acquainted with maritime affairs, to examine into the causes of APPENDIX NO. II. 407 complaint, who shall, in their report, state what defects and deficien¬ cies, if any, they find to be well founded, as well as what, in their judg¬ ment, ought to be done to put the vessel in order for the continuance of her voyage. 1192. Sec. 4560. The inspectors appointed by any consular or com¬ mercial agent, in pursuance of the preceding section, shall have full power to examine the vessel and whatever is aboard of her, so far as is pertinent to their inquiry, and also to hear and receive any other proofs which the ends of justice may require; and if, upon a view of the whole proceedings, the consul or other commercial agent is satisfied therewith, he may approve the whole or any part of the report, and shall certify such approval; or if he dissents, he shall certify his reasons for dissenting. 1193. Sec. 4561. The inspectors in their report shall also state whether, in their opinion, the vessel was sent to sea unsuitably provided in any important or essential particular, by neglect or design, or through mis¬ take or accident; and in case it was by neglect or design, and the con¬ sular officer approves of such finding, he shall discharge such of the crew as request it, and shall require the payment by the master of one month’s wages for each seaman over and above the wages then due. But if, in the opinion of the inspectors, 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 rea¬ sonable time, remove or remedy the causes of complaint, then the crew shall remain and discharge their duty. [As amended by sec. 4, act June 26,1884,23 St., 53.) 1194. Sec. 4562. The master shall pay all such reasonable charges for inspection under such complaint as shall be officially certified to him under the hand of the consul or commercial agent; but in case the inspect¬ ors report that the complaint is without any good and sufficient cause, the master may retain from the wages of the complainants, in propor¬ tion to the pay of each, the amount of such charges, with such reason¬ able damages for detention on that account as the consul or commercial agent directing the inquiry may officially certify. 1195. Sec. 4563. Every master who refuses to pay such wages and charges shall be liable to each person injured thereby in damages, to be recovered in any court of the United States in the district where such delinquent may reside or be found, and in addition thereto be x)unish- able by a fine of one hundred dollars for each offense. 1196. Sec. 4564. Every vessel belonging to a citizen of the United 408 APPENDIX NO. II. States, bound on a voyage across the Atlantic Ocean, shall, at the time of leaving the last port from whence she sails, have on board, well secured under deck, atdeast sixty gallons of water, one hundred pounds of salted flesh meat, and one hundred pounds of wholesome ship-bread, for every person on board such vessel, besides such other provisions, stores, and live-stock as shall by the master or passengers be put on board, and in like proportion for shorter or longer voyages. 1197. Sec. 4r)6r). Any three or more of the crew of any merchant-ves¬ sel of the United States bound from a port in the United States to any foreign port, or being of the burden of seventy-five tons or upward, and bound from a port on the Atlantic to a port on the Pacific, or vice versa, may complain to any officer in command of any of the vessels of the United States Navy, or consular officer of the United States, or ship¬ ping-commissioner or chief officer of the customs, 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. Such officer shall thereupon examine the provisions or water, or cause them to be exami ed; and if, on examina¬ tion, such provisions or water are found to be of bad quality and unfit for use, or to be deficient in quantity, the person making such examina¬ tion shall certify the same in writing to the master of the ship. If such master does not thereupon provide other proper provisions or water, where the same can be had, in lieu of any so certified to be of a bad (luality and unfit for use, or does not procure the requisite quantity of any so certified to be insufficient in quantity, or uses anj" provisions or water which have been so certified as aforesaid to be of bad quality and unfit for use, he shall, in every such case, be liable to a penalty of not more than one hundred dollars; and upon every such examination the officers making or directing the same shall enter a statement of the result of the examination in the log-book, and shall send a report thereof to the district judge for the judicial district embracing the port to which such vessel is bound; and such report shall be received in evidence in any legal proceedings. [See ^ 5847.] 1198. Sec. 45()(). If the officer to whom any such complaint, in regard to the provisions or the water, is made, certifies in such statement that there was no reasonable ground for such complaint, each of the parties so complaining shall be liable to forfeit to the master or owner, out of his wages, a sum not exceeding one week’s wages. 1199. Sec. 4507. If any seamen, while on board any vessel, shall stiite to the master that they desire to make complaint, in accordance with the two preceding sections, in regard to the provisions or the water, to a APPENDIX NO. II. 469 competent officer, against the master, the master shall, if the vessel is then at a place where there is any such officer, so soon as the service of the vessel will permit, and if the vessel is not then at such a place, so soon after her first arrival at such j)lace as the service of the vessel will permit, allow such seamen, or any of them, to go ashore, or shall send them ashore, in proper custody, so that they may be enabled to make such complaint; and shall, in default, be liable to a penalty of not more than one hundred dollars. 1200, Sec. 4568. If, during a voyage, the allowance of any of the pro¬ visions which any seaman has, by his agreement, stipulated for, is reduced, except in accordance with any regulations for reduction by way of punishment, 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 confine¬ ment 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 compensa¬ tion for such reduction or bad quality, according to the time of its con¬ tinuance, the following sums, to be paid to him in addition to and to be recoverable as wages: First. If his allowance is reduced by any quantity not exceeding one- third of the quantity specified in the agreement, a sum not exceeding fifty cents a day. Second. If his allowance is reduced by more than one-third of such quantity, a sum not exceeding one dollar a day. Third. In respect of bad quality, a sum not exceeding one dollar a day. But if it IS shown to the satisfaction of the court before which the case is tried, that any provisions, the allowance of which has been reduced, could not be procured or supplied in sufficient quantities, or were una¬ voidably injured or lost, and that proper and equivalent substitutes were supplied in lieu thereof, in a reasonable time, the court shall take such circumstances into consideration, and shall modify or refuse compensa¬ tion, as the justice of the case may require. 1201. Sec. 4569. Every vessel belonging to a citizen of the United States, bound from a port in the United States to any foreign port, or being of the burden of seventy-five tons or upward, and bound from a port on the Atlantic to a port on the Pacific, or vice versa, shall be provided with a chest of medicines; and every sailing-vessel bound on a- voyage across the Atlantic or Pacific Ocean, or around Cape Horn, or the Cape of Good Hope, or engaged in the whale or other fisheries, or in sealing, shall also 470 APPENDIX NO. II. be provided with, and cause to be kept, a sufficient quantity of lime or lemon juice, and also sugar and vinegar, or other anti-scorbutics, to be served out to every seaman as follows: The master of every such vessel shall serve the lime or lemon juice, and sugar and vinegar, to the crew, within ten days after salt provisions mainly have been served out to the crew, and so long afterward as such consumption of salt provisions con¬ tinues; the lime or lemon juice and sugar daily at the rate of half an ounce each per day; and the vinegar weekly, at the rate of half a pint per week for each member of the crew. 1202. Sec. 4570. If, on any such vessel, such medicines, medical stores, lime or lemon juice, or other articles, sugar, and vinegar, as are retjuired by the preceding section, are not provided and kept on board, as required, the master or owner shall be liable to a penalty of not more than five hundred dollars; and if the master of any such vessel neglects to serve out the lime or lemon juice, and sugar and vinegar in the case and manner directed, he shall for each such offensd be liable to a penalty of not more than one hundred dollars; and if any master is convicted in either of the offenses mentioned in this section, and it appears that the offense is owing to the act or default of the owner, such master may recover the amount of such penalty, and the costs incurred by him, from the owner. 12()3. Sec. 4571. Every master shall keep on board proper weights and measures for the purpose of determining the quantities of the several provisions and articles served out, and shall allow the same to be used at the time of serving out such provisions and articles, in the presence of a witness, whenever any dispute arises about such quantities, and in default shall, for every offense, be liable to a penalty of not more than fifty dollars. 1204. Sec. 4572. Every vessel bound on any foreign voyage shall also be provided with at least one suit of woolen clothing for each seaman, for use during the winter months; and every such vessel shall be pro¬ vided with fuel and a safe and suitable room in which a fire can be kept for the use of seamen. 1205. Sec. 4573. Before a clearance is granted to any vessel bound on a foreign voyage or engaged in the whale-fishery, the master thereof shall deliver to the collector of the customs a list containing the names, places of birth and residence, and description of the persons who com¬ pose his shii)'s company; to which list the oath of the captain shall be annexed, that the list contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain them; and APPENDIX NO. II. 471 the collector shall deliver him a certified copy thereof, for which the collector shall be entitled to receive the sum of twenty-five cents. 1206. Sec. 4574. In all cases of private vessels of the United States sailing from a port in the United States to a foreign port, the list of the crew shall be examined by the collector for the district from which the vessel shall clear, and, if approved of by him, shall be certified accord¬ ingly. No person shall be admitted or employed on board of any such vessel unless his name shall have been entered in the list of the crew, approved and certified by the collector for the district from which the vessel shall clear. The collector, before he delivers the list of the crew, approved and certified, to the master or proper officer of the vessel to which the same belongs, shall cause the same to be recorded in a book by him for that purpose to be provided, and the record shall be open for the inspection of all persons, and a certified copy thereof shall be admitted in evidence in any court in which any question may arise under any of the provisions of this Title. 1207. Sec. 4575. The following rules shall be observed with reference to vessels bound on any foreign voyage: First. The duplicate list of the ship's company, required to be made out by the master and delivered to the collector of the customs, under section forty-five hundred and seventy-three, shall be a fair copy in one uniform handwriting, without erasure or interlineation. Second. It shall be the duty of the owners of every such vessel to obtain from the [shipping-commissioner, or officer acting as such in] [collector of the customs of] the district from which the clearance is made, a true and certified copy of the shipping-articles, containing the names of the crew, which shall be written in a uniform hand, without erasures or interlineations. Third. These documents, which shall be deemed to contain all the conditions of contract with the crew as to their service, pay, voyage, and all other things, shall be produced by the master, and laid before any consul, or other commercial agent of the United States, whenever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward any mariner applying to him for his aid or assistance. Fourth. All interlineations, erasures, or writing in a hand different from that in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, unless satisfactorily explained in a manner consistent with innocent purposes and the provisions of law which guard the rights of mariners. 472 APPENDIX NO. II. Fifth. If any master of a vessel shall proceed on a foreign voyage without the documents herein required, or refuse to produce them when required, or to perform the duties imposed by this section, or shall violate the provisions thereof, he shall be liable to each and every indi¬ vidual injured thereby in damages, to be recovered in any court in the United States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a fine of one hundred dollars for each offense. Sixth. It shall be the duty of the boarding-officer to report all viola¬ tions of this section to the collector of the port where any vessel may arrive, and the collector shall report the same to the Secretary of the Treasury and to the United States attorney in his district. 1208. Sec. 4576. The master of every vessel bound on a foreign voyage or engaged in the whale-fishery, shall enter into bond, with sufficient security, in the sum of four hundred dollars, that he shall exhibit the certified copy of the list of the crew, 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 to the boarding-officer; whose duty it shall be to examine the men with such list, and to report the same to the collector; and it shall be the duty of the collector at the port of arrival, where the same is different from the port from which the vessel originally sailed, to transmit a copy of the list so reported to him to the collector of the port from which such vessel orig¬ inally sailed. But such bond shall not be forfeited on account of the master not producing to the first boarding-officer any of the persons contained in the list, who may be discharged in a foreign country with the consent of the consul, vice-consul, commercial agent, or vice-com¬ mercial agent there residing, certified in writing, under his hand and official seal, to be produced to the collector with the other persons com¬ posing the crew; nor on account of any such person dying or absconding, or being forcibly impressed into other service, of which satisfactory proof shall be then also exhibited to the collector. 1209. Sec. 4577. It shall be the duty of the consuls, vice-consuls, com¬ mercial agents, and vice-commercial agents, from time to time, to pro¬ vide for the seamen of the United States, wdio may be found destitute within their districts, respectively, sufficient subsistence and ])assages to some port in the United States, in the most reasonable manner, at the expense of the United States, subject to such instructions as the Secre¬ tary of State shall give. The seamen shall, if able, be bound to do duty APPENDIX NO. II. 473 on board the vessels in which they may be transported, according to their several abilities. [See §§ 1719,1736, 5363.] 1210. Sec. 4578. All masters of vessels of the United States, and bound to some port of the same, are required to take such destitute seamen on board their vessels, at the request of consular officers, and to transjwrt them to the port in the United States to which such vessel may be bound, on such terms, not exceeding ten dollars for each person for voyages of not more than thirty days, and not exceeding twenty dollars for each person for longer voyages, as may be agreed between the mas¬ ter and the consular officer; and said consular officer shall issue certifi¬ cates for such transportation, which certificates shall be assignable for collection. If any such destitute seaman is so disabled or ill as to be unable to perform duty, the consular officer shall so certify in the certificate of transportation, and such additional compensation shall be paid as the First Comptroller of the Treasury shall deem proper. Every master who refuses to receive and transport such seamen on the request or order of such consular officer shall be liable to the United States in a penalty of one hundred dollars for each seaman so refused. The certificate of any such consular officer, given under his hand and official seal, shall be presumptive evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty. No master of any vessel shall, however, be obliged to take a greater number than one man to every one hundred tons burden of the vessel on any one voyage. [As amended by sec. 9, act June 26,1884,23 Stat., 53.] 1211. Sec. 4579. Whenever 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 shall be allowed to the master or owner of each 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 First Comptroller of the Treasury. 1212. Sec. 4580. Upon the application of the master of any vessel to a consular officer to discharge a seaman, or upon the application of any seaman for his own discharge, if it appears to such officer that said sea¬ man has completed his shipping agreement, or is entitled to his discharge under any act of Congress or according to the general principles or usages of maritime law as recognized in the United States, such officer shall discharge said seaman, and require from the master of said vessel. 474 APPENDIX NO. II. before such discharge shall be made, payment of the wages which may then be due said seaman; But no i)ayment of, extra wages shall be required by any consular officer upon such discharge of any seaman except as provided in this act. [As amended by sec. 2, act June 26, ’84, 23 Stat., 53.] 1213. Sec. 4581. If an 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 seaman, he shall be accountable to the United States to the full amount thereof. If any seaman, after his discharge, shall have incurred any expense for board or other necessaries, or for reasonable charges for medical care and nursing, 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 purpose, 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 desti¬ tute American seamen. [As amended by sec. 7, act June 26, ’84, 23 Stat., 53, and sec. 3, act April 4, 1888, 25 Stat., 80.J 1214. Sec. 4582. Whenever a vessel of the United States is sold in a foreign country, and her company discharged, it shall be the duty of the master to i)roduce to the consular officer the certified list of his ship’s company, and also the shipping articles, and to jiay to said consular officer for every seaman so discharged one month’s wages over and above the wages which may then be due to such seaman; But in case the master of the vessel so sold shall, with the assent of said seaman, provide him with adecjuate 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 recjuired. [As amended by sec. 5, act June 26, ’84, 23 Stat., 53.] 1215. Sec. 4583. Whenever on the discharge of a seaman in a foreign country, on his complaint that the voyage is continued contrary tc agreement, the consular officer shall be satisfied that such voyage has been designedly and unnecessarily prolonged in violation of the articles APPENDIX NO. II. 475 of shipment, or whenever a seaman is discharged by a consular officer in consequence of any hurt or injury received in the service of the ves¬ sel, such consular officer shall require the payment by the master of one month’s wages for such seaman over and above the wages due at the time of discharge. [As amended by sec. 3, act June 26, 1884, 23 Stat., 53.] Sec. 4584. [Repealed, act June 26, 1884, 23 Stat., 53.] Sec. 4585. [Repealed, act June 26, 1884, 23 Stat., 53.] Sec. 4586. [Repealed, act June 26, 1884, 23 Stat., 53.] Sec. 4587. [Repealed, act June 26, 1884, 23 Stat., 53.] 1216. Sec. 4588. The collector of every district shall keep a book or books, in which, at the request of any seaman, being a citizen of the United States of America, and producing proof of his citizenship, authen¬ ticated in the manner hereinafter directed, he shall enter the name of such seaman, and shall deliver to him a certificate, in the following form, that is to say: “ I, A. B., collector of the district of D., do hereby certify, that E. F., an American seaman, aged-years, or thereabouts, of the height of-feet-inches, (describing the said seaman as particularly as may be,) has, this day, produced to me proof in the man- mer directed by law; and I do hereby certify that the said E. F. is a citizen of the United States of America. In witness whereof, I have hereunto set my hand and seal of office, this-day of-.” It shall be the duty of the collectors to file and preserve the proofs of citi¬ zenship so produced. For each certificate so delivered, the collectors shall be entitled to receive from the seaman applying for the same the sum of twenty-five cents. [See § 2174.] 1217. Sec. 4589. The master of every vessel of the United States, any of the crew whereof shall have been impressed or detained by any for¬ eign i^ower, shall, at the first port at which such vessel arrives, if such impressment or detention happened on the high seas, or if the same happened within any foreign port, then in the port in which the same happened, immediately make a protest, stating the manner of such impressment or detention, by whom made, together with the name and place of residence of the person impressed or detained; distinguishing also whether he was an American citizen; and, if not, to what nation he belonged. Such master shall also transmit, by post or otherwise, -wery such protest made in a foreign country, to the nearest consul or agent, or to the minister of the United States resident in such country, if any such there be; preserving a duplicate of such protest, to be by 476 APPENDIX NO. II. him sent immediately after his arrival within the United States to the Secretary of State, together with information to whom the original pro¬ test was transmitted^ In case such protest shall he made within the United States, or in any foreign country, in which no consul, agent, or minister of the United States resides, the same shall, as soon thereafter as practicable, be transmitted by such master, by post or otherwise, to the Secretary of State. 1218. Sec. 4590. The collectors of the districts of the United States shall, from time to time, make known the provisions of the two preceding sections to all masters of vessels of the United States entering or clear¬ ing at their several offices. The master of every such vessel shall, before he is admitted to an entry by any such collector, be required to declare on oath whether any of the crew of the vessel under his com¬ mand have been impressed or detained, in the course of his voyage, and how far he has complied with the directions of the preceding section. Every master who willfully neglects or refuses to make the declarations herein required, or to perform the duties enjoined by the preceding sec¬ tion, shall be liable to a penalty of one hundred dollars. The collectors shall i)rosecute for any forfeiture that may be incurred under this section. 1219. Sec. 4591. The collector of every port of entry in the United States shall send a list of the seamen to whom certificates of citizenship have been granted, once every three months, to the Secretary of State, together with an account of such impressments or detentions, as shall appear by the protests of the masters, to have taken place. CHAPTER VI. FEES OF SHIPPING-COMMISSIONERS. 1220. Sec. 4592. Fees not exceeding the sums specified in the tables marked “C” and “D” in the schedule anne.ved to this Title, shall be pay¬ able upon all engagements and discharges and apprenticeshi})s effected before any shipping-commissioner. Each shipping-commissioner shall cause a scale of the fees payable to be prei)ared, and to be conspicuously jdaced in the shipping-office, and may refuse to proceed with any engage¬ ment or discharge unless the fees payable thereon are first paid. 1221. Sec. 4593. Every owner, consignee, agent, or master of a ves¬ sel engaging or discharging any seaman in a shii)ping-office, or before a ship])ing-commissioner, shall pay to the shipiung-commissioner the wdiole of the fees hereby made payable in respect of such engagement APPENDIX NO. II. 477 or discharge; and may, for the purpose of in partre-imbursing himself, deduct, in respect to each such engagement or discharge, from the wages of all persons except apprentices, so engaged or discharged, and retain, any sums not exceeding the sums specified in that behalf in the table marked “ E ” in the schedule annexed to this Title. 1222. Sec. 4594. In no case shall the salary, fees, and emoluments of any officer appointed under this Title be more than five thousand dollars per annum: and any additional fees shall be paid into the Treasury of the United States. 1223. Sec. 4595. Every shipping-commissioner, and every clerk or employe in any shipping-office, who demands or receives any remuner¬ ation whatever, either directly or indirectly, for hiring or supplying any seaman for any merchant-vessels, excepting the lawful fees payable under this Title, shall, for every such offense, be liable to a penalty of not more than two hundred dollars. CHAPTER VII. OFFENSES AND PUNISHMENTS. 1224. Sec. 4596. Whenever any seaman who has been lawfully engaged, or any apprentice to the sea-service, commits any of the following offenses, he shall be punished as follows: First. For desertion, by imprisonment for not more than three months, and by forfeiture of all or any part of the clothes or effects he leaves on board, and of all or any part of the wages or emoluments which he has then earned. Second. For neglecting and refusing, without reasonable cause, to join his vessel, or to proceed to sea in his vessel, or for absence without leave at any time within twenty-four hours of the vessel sailing from any port, either at the commencement or during the progress of any voyage; or for absence at any time without leave, and without sufficient reason, from his vessel, or from his duty, not amounting to desertion, or not treated as such by the master; by imprisonment for not more than one month, and also, at the discretion of the court, by forfeiture of his wages, of not more than two days’ pay, and, for every twenty-four hours of absence, either a sum not exceeding six days’ pay, or any expenses which have been properly incurred in hiring a substitute. Third. For quitting the vessel without leave after her arrival at her port of delivery, and before she is placed in security, by forfeiture out of his wages of not more than one month’s pay. 478 APPENDIX NO. II. Fourth. For willful disobedience to any lawful command, by impris¬ onment for not more than two months, and also, at the discretion of the court, by forfeiture out of his wages of not more than four days’ pay. Fifth. For continued willful disobedience to lawful commands, or con¬ tinued willful neglect of duty, by imprisonment for not more than six months, and also, at the discretion of the court, by forfeiture, for every twenty-four hours’ continuance of such disobedience or neglect, of either a sum not more than twelve days' pay, or sufficient to defray any expenses which have been properly incurred in hiring a substitute. Sixth. For assaulting any master or mate, by imprisonment for not more than two years. [See § 5359.] Seventh. For combining with any others of the crew to disobe}" law¬ ful commands, or to neglect duty, or to impede navigation of the vessel, or the progress of the voyage, by imprisonment for not more than twelve months. [See § 5360.] Eighth. For willfully damaging the vessel, or embezzling or willfully damaging any of the stores or cargo, by forfeiture out of his wages, of a sum equal in amount to the loss therebj^ sustained, and also, at the dis¬ cretion of the court, by imprisonment for not more than twelve months. Ninth. For any act of smuggling of which he is convicted, and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay such master or owner such a sum as is sufficient to re-imburse the master or owner for such loss or damage; and the whole or any part of his wages may be retained in satisfaction or on account of such lia¬ bility; and he shall also be liable to imprisonment for a period of not more than twelve months. 1225. Sec. 4597. Upon the commission of any of the offenses enumer¬ ated in the preceding section, an entry thereof shall be made in the offi¬ cial log-book, and shall be signed by the master, and by the mate or one of the crew; and the offender, if still in the vessel, shall, before her next arrival at any port, or if she is at the time in port, before her departure therefrom, either be furnished with a copy of such entry, or have the same read over distinctly and audibly to him, and may thereupon make such reply thereto as he thinks fit; and a statement that a copy of the entry has been so furnished, or the same has been so read over, together with the reply, if any, made by the offender, shall likewise be entered and signed in the same manner. In any subsequent legal proceedings the entries hereinbefore required shall, if practicable, be produced or proved, and in default of such production or proof, the court hearing APPENDIX NO. ir. 479 the case may, at its discretion, refuse to receive evidence of the offense. [See §§ 4290-4292.] 1226. Sec. 4598. If any seaman who shall have signed a contract to perform a voyage shall, at any port or place, desert, or shall absent him¬ self from such vessel, without leave of the master, or officer command¬ ing in the absence of the master, it shall be lawful for any justice of the peace within the United States, upon the complaint of the master, to issue his warrant to apprehend such deserter, and bring him before such justice; and if it then appears that he has signed a contract within the intent and meaning of this Title, and that the voyage agreed for is not finished, or altered, or the contract otherwise dissolved, and that such seaman has deserted the vessel, or absented himself without leave, the justice shall commit him to the house of correction or common jail of the city, town, or place, to remain there until the vessel shall be ready to proceed on her voyage, or till the master shall require his discharge, and then to be delivered to the master, he paying all the cost of such com¬ mitment, and deducting the same out of the wages due to such seaman. 1227. Sec. 4599. Whenever, either at the commencement of or during any voyage, any seaman or ajiprentice neglects or refuses to join, or deserts from or refuses to proceed to sea in, any vessel in which he is duly engaged to serve, or is found otherwise absenting himself there¬ from without leave, the master, or any mate, or the owner, or consignee, or shipping-commissioner, may, in any place in the United States, with or without the assistance of the local public officers or constables, who are hereby directed to give their assistance if required, and also at any place out of the United States, if and so far as the laws in force at such place will permit, apprehend him without first procuring a warrant; and may thereupon, in any case, and shall in case he so requires and it is practicable, convey him before any court of justice or magistrate of any State, city, town, or county, within the United States, authorized to take cognizance of offenses of like degree and kind, to be dealt with according to the provisions of law governing such cases; and may, for the purpose of conveying him before such court or magistrate, detain him in custody for a period not exceeding twenty-four hours, or may, if he does not so require, or if there is no such court at or near the place, at once convey him on board. If such apprehension appears to the court or magistrate before whom the case is brought to have been made on improper or on insufficient grounds, the master, mate, consignee, or shipping-commissioner who makes the same, or causes the same to be 480 APPENDIX NO. II. made, shall be liable to a penalty of not more than one hundred dollars; but siicdi penalty, if inflicted, shall be a bar to any action for false imprisonment. * 1228. Sec. 4600. It shall be the duty of consular officers to reclaim deserters and discountenance insubordination by every means within their power, and where the local authorities can be usefully employed for that purpose, to lend their aid and use their exertions to that end in the most effectual manner. In all cases where deserters are apprehended the consular 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 i)ay one month’s wages over and above the wages then due; and the officer discharging such seaman shall enter upon the crew-list and shii)- ping articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and the facts as to his discharge or re-engagement, as the case may be, and subscribe his name thereto officially. [As amended by sec. 6, act June 26, 1884, 23 Stat.,53.] 1229. Sec. 4601. Whenever any person harbors or secretes any seaman belonging to any vessel, knowing him to belong thereto, he shall be liable to p-iy ten dollars for everyday during which he continues so to harbor or secrete such seaman, recoverable one-half to the use of the xJerson [persecuting^ [prosecuting] for the same, the other half to the use of the United States. 1230. Sec. 4602. Any master of, or any seaman or apprentice belong¬ ing to, any merchant-vessel, who, by willful breach of duty, or by rea¬ son of drunkenness, does an act tending to the immediate loss or destruction of, or serious damage to such vessel, or tending immediately to endanger the life or limb of any person belonging to or on board of such vessel; or who, by willful breach of duty, or by neglect of duty, or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such vessel from immediate loss, destruction, or serious damage, or for preserving any person belong¬ ing to or on board of such ship from immediate danger to life or limb, shall, for every such offense, be deemed guilty of a misdemeanor, pun¬ ishable by imprisonment for not more than twelve months. 1231. Sec. 4603. Any question concerning the forfeiture of, or deduc¬ tions from, the wages of any seaman or apprentice, may be determined in any proceeding lawfully instituted with respect to such wages, not- APPENDIX NO. II. 481 withstanding the offense in respect of which such question arises, though hereby made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding. 1232. Sec, 4604. All clothes, effects, and wages which, under the pro¬ visions of this Title, are forfeited for such desertion, shall be applied, in the first instance, in payment of the expenses occasioned by such deser¬ tion, to the master or owner of the vessel from which the desertion has taken place, and tl;e balance, if any, shall be paid by the master or owner to any shipping-commissioner resident at the port at which the voyage of such vessel terminates; and the shix)ping-commissioner shall account for and pay over such balance to the judge of the circuit court within one month after the commissioner receives the same, to be disposed of by him in the same manner as is prescribed for the disposal of the money, effects, and wages of deceased seamen. When any master or owner neglects or refuses to pay over to the shipxnng-commissioner such balance, he shall be liable to a penalty of double the amount thereof, recoverable by the commissioner in the same manner that seamen's wages are recovered. In all other cases of forfeiture of wages, the forfeiture shall be for the benefit of the master or owner by whom the wages are payable. 1233. Sec. 4605. Whenever in any proceeding relating to seamen’s wages it is shown that any seaman or aiJjDrentice has, in the course of the voyage, been convicted of any offense by any competent tribunal, and rightfully punished therefor, by imiDi’isonment or otherwise, the court hearing the case may direct a part of the wages due to such [seamen] [seaman,] not exceeding fifteen dollars, to be applied in re¬ imbursing any costs x)roperly incurred by the master in j^rocuring such conviction and punishment. 1234. Sec. 4606. Every person who, not being in the United States service, and not being duly authorized by lav: for the purj^ose, goes on board any vessel about to arrive at the place of her destination, before her actual arrival, and before she has been comxDletely moored, without permission of the master, shall, for every such offense, be punishable by a fine of not more than two hundred dollars, and by imi^risonment * for not more than six months; and the master of such vessel may take any such xierson so going on board into custody, and deliver him up forthwith to any constable or police officer, to be by him taken before any justice of the peace, to be dealt with according to the xn*ovisions of this Title. 1235. Sec. 4607. If, within twenty-four hours after the arrival of any 17824 C R- 31 482 APPENDIX NO. II. vessel at any port in the United States, any person, then being on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such vessel any effects of any seaman, except under his personal direction, and with the per¬ mission of the master, he shall, for every such offense, be punishable by a fine of not more than fiffy dollars, or by imprisonment for not more than three months. 1236. Sec. 4608. No seaman in the merchant-service shall wear any sheath-knife on shipboard. It shall be the duty of the master of any vessel registered, enrolled, or licensed under the laws of the United States, or of the person entering into contract for the employment of a seaman ui)on any such vessel, to inform every person offering to ship himself of the provisions of this section, and to require his compliance therewith, under a penalty of fifty dollars for each omission, to be sued for and recovered in the name of the United States, under the direction of the Secretary of the Treasury; one half for the benefit of the informer, and the other half for the benefit of the fund for the relief of sick and disabled seamen. 1237. Sec. 4609. If any person shall demand or receive, either directly or indirectly, from any seaman or other person seeking emplojunent as a seaman, or from any person on his behalf, any remuneration whatever other than the fees hereby authorized, for providing him with employ¬ ment, he shall, for every such offense, be liable to a penalty of not more than one hundred dollars. 1238. Sec. 4610. All penalties and forfeitures imposed by this Title, for the recovery whereof no specific mode is hereinbefore provided, may be recovered, with costs, in any circuit court of the United States, at the suit of anv district attornev of the United States, or at the suit of any person by information to any district attorney in any port of the United States, where or near to where the offense is committed or the offender is found; and if a conviction is had, and the sum imposed as a penalty by the court is not paid either immediately after the con^iction, or within such period as the court at the time of the conviction appoints, it shall be lawful for the court to commit the offender to prison, there to be imprisoned for the term hereinbefore pro\uded in case of such offense, the commitment to be terminable upon pa>Tnent of the amount and costs; and all penalties and forfeitures mentioned in this Title for which no special application is provided, shall, when recovered, be paid and applied in manner following: So much as the court shall determine, and the residue shall be paid to the court and be remitted from time to itme, by order of the judge, to the Treasury of the United States, and APPENDIX NO. II. 483 appropriated as provided for in section forty-five hundred and forty- five: Provided always, That it shall be lawful for the court before which any proceeding shall be instituted for the recovery of any pecuniary penalty imposed by this act, to mitigate or reduce such penalty as to such court shall appear just and reasonable; but no such penalty shall be reduced to less than one-third of its original amount: Provided also, That all proceedings so to be instituted shall be commenced within two years next after the commission of the offense, if the same shall have been committed at or beyond the Cape of Good Hope or Cape Horn, or within one year if committed elsewhere, or within two months after the return of the offender and the complaining party to the United States; and there shall be no appeal from any decision of any of the circuit courts, unless the amount sued for exceeds the sum of five hundred dollars. 1239. Sec. 4611. Flogging on board vessels of commerce is hereby abolished. 1240. Sec. 4612. In the construction of this Title, every person having the command of any vessel belonging to any citizen of the United States shall be deemed to be the “master ” thereof; and every person (appren¬ tices excepted) who shall be employed or engaged to serve in any capacity on board the same shall be deemed and taken to be a “seaman; ” and the term “vessel” shall be understood to comprehend every description of vessel navigating on any sea or channel, lake or river, to which the pro¬ visions of this Title may be applicable, and the term “ owner” shall be taken and understood to comprehend all the several persons, if more than one, to whom the vessel shall belong. SCHEDULE. 1241. Table A. FORM OF ARTICLES OF AGREEMENT. United States of America. (Date and place of first signature of agreement, including name of shipping-office): 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-,-, (here the voyage is to be described, and the places named at which the vessel is to touch, or if that cannot be done, the general nature and probable length of the voyage is to be stated.) 4S4 APPENDIX NO. II. 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 resjiec- tive duties, and to be obedient to the lawful commands of the said mas¬ ter, or of any xierson who shall lawfully succeed him, and of their supe¬ rior officers in everything relating to the vessel, and the stores and cargo thereof, whether on board, in boats, or on shore; and in consideration of which service, to be duly xierformed, the said master hereby agrees to jiay the said crew, as wages, the sums against their names res^iec- tively exjiressed, and to su])i)ly them with jirovisions according to the annexed scale. And it is hereby agreed that any embezzlement, or will¬ ful or negligent destruction of any jiart of the vessel’s cargo or stores, shall be made good to the owner out of the wages of the iierson guilty of the same; and if any jierson enters himself as qualified for a duty which he x^roves himself incomx)etent to perform, his wages shall be reduced in xH’oportion to his inconix^etency. And it is also agreed that if any member of the crew cohsiders 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 vessel, in a quiet and orderly man¬ ner, who shall thereux^on take such steps as the case may require. And it is also agreed that (here any other stipulations may be inserted to which the i)arties agree, and which are not contrary to law). In witness whereof the said x)arties have subscribed their names hereto, on the days against their resi)ective signatures mentioned. Signed by-, master, on the-day of-, eighteen hundred and-. b X 2 5 ■r. it Os ri 2 o S i (D : o ri ri 3 .J T. ' T. Z o i; - S/. ix > W =s ~ 'S 3 ^ , I Time of service. •j} 1 FH 1 1 4^ X O T. C 1 i o o ' 1 X X ^ 3 X o a> S - cj ^ S 5 • FN F- 3 b d tl o 4-* '^5 F-« ct c o c3 C 4^ a; 4-* .2 X ^ ' < M X a> tx C Ot if 3 S 3” hr •4^ o c a E * X < cc s o cS o c Note. —In the place for signatures and descriptions of men engaged after the first dei)arture of the shi]), the entries are to be made as above. APPENDIX NO. II, 485 except that the signatures of the consul or vice-consul, officer of cus¬ toms, 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- pr entice in full. Date of regis¬ try of inden¬ ture. Port at which n d e n t II r e w a s r e g i s- tered. Date of regis¬ ter of assign¬ ment. Port at which assi g n m e n t was r e g i s- tered. SCALE OF PROVISIONS TO BE ALLOWED AND SERVED OUT TO THE CREW DURING THE VOYAGE. (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 substituted 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 potatoes, onions may be substituted. . CO cc CO CO eo jc CO 486 APPENDIX NO. II. 1242. Table B. CERTIFICATE OF DISCHARGE. I certify that the above particulars are correct, and that the above- named seaman was discharged accordingly. Dated-day of-, eighteen hundred and-. (Signed) -, Master. (Countersigned)-, Seaman. Given to the above-named seaman in my presence this-day of -, eighteen hundred and-. (Signed) -, Shipping-Commissioner. 1243. Table C. FEES (seamen;. Fee payable on engaging crew, for each member of the crew, (except apprentices).. $2.00 Fee payable on discharging crew, for each member of crew dis¬ charged .....oO 1244. Table D. FEES (APPRENTICES). For each boy apprenticed to the merchant service, including the indenture. $ 0 .00 APPENDIX NO. II. 487 1245 Table E. REDUCTION FROM WAGES OF SEAMEN. In partial repayment of the fees payable in Table C, in respect of en¬ gagements, from the wages of each member of the crew, twenty-five cents. In respect of discharges, from the wages of each member of the crew, twenty-five cents. Chap. 260.—An act in reference to the operations of the Shipping Commissioners’ Act, approved June seventh eighteen hundred and seventy-two. i 1246. Be it enacted, &c., That none of the provisions of an act entitled “An act to authorize the appointment of shipping commissioners by the several circuit courts of the United States to superintend the shipping and discharge of seamen engaged in merchant ships belonging to the United States, and for the further protection of seamen” shall apply to sail or steam vessels engaged in the coastwise trade, except the coastwise trade between the Atlantic and Pacific coasts, or in the lake-going trade touching at foreign ports or otherwise, or in the trade between the United States and the British North American possessions, or in any case where the seamen are by custom or agreement entitled to partici¬ pate in the profits or result of a cruise, or voyage. [June 9, 1874.] 1247. Chap. 121— An act to remove certain burdens on the American merchant ma¬ rine and encourage the American foreign-carrying trade and for other purposes. Sec. 1. [Amendment of sec. 4131, R. S.] Sec. 2. [Substitute for sec. 4580, R. S.] Sec. 3. [Substitute for sec. 4583, R. S.] Sec. 4. [Substitute for sec. 4561, R. S. ] Sec. 5. [Substitute for sec. 4582, R. S.] Sec. 6. [Substitute for sec. 4600, R. S. ] Sec. 7. [Substitute for sec. 4581, R. S.] Sec. 8. [Repeal of sec. 4584, R. S.] Sec. 9. [Substitute for 4578, R. S.] 1 The act of 1872, June 7, ch. 322 (17 Stat. L., 262), is incorporated into the Revised Statutes. These provisions relate mainly to the shipment and discharge of crews by shipping commissioners. Such shipment and discharge are made by this act inapplicable to the crews of vessels engaged in the coastwise trade, but 1886, June 19, ch. 421, § 2, makes the shipment and discharge of such crews permissible, and 1890, Aug. 19, ch. 801 makes it compulsory. There seems to be some question whether the act in the text is not still so far in force as to prevent the operation of R. S., § 4.536, upon crews of vessels in the coast¬ wise trade. 488 APPENDIX NO. II. 1248. “Sec. 10. That it shall be, and is hereby, made unlawful in any case to pay any seamen wages before leaving the port at which such seaman may be enga^j^ed in advance of the time when he has actually earned the same, or to pay such advance wages to any other person, or to pay any person, other than an officer authorized by act of Congress to collect fees for such service, any remuneration for the shipment of seamen. Any person paying such advance wages or such remuneration shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not less than four times the amount of the wages so advanced or remuneration so paid, and may be also imprisoned for a period not exceeding six months, at the discretion of the court. The payment of such advanced wages or remuneration shall in no case, except as herein provided, absolve the vessel, or the master or owner thereof, from full iiayment of wages after the same shall have been actu¬ ally earned, and shall be no defense to a libel, suit, or action for the recovery of such wages: Provided, That this section shall not apply to whaling-vessels: / And provided further. That it shall be lawful for any seaman to stipulate in his shipping agreement for an allotment of all or any ])or- tion 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 nave contracted prior to engagement, not exceeding ten dollars per month for each month of the time usually required for the voyage for which the seaman has shipped, under such regulations as the Secretary of the Treasury may prescribe, but no allotment to any other person or corporation shall be lawful. And any person who shall falsely claim such relationship to any sea¬ man in order to obtain wages so allotted shall, for every such offense, be punishable by a fine of not exceeding five hundred dollars, or imprison¬ ment not exceeding six months, at the discretion of the court. This section shall apply as well to foreign vessels as to vessels of the United States; And any master, owner, consignee, or agent of any foreign ves.sel who has violated this section shall be liable to the same penalty that the mas¬ ter, owner, or agent of a vessel of the United States would be for a similar violation. [As amended by sec. 3, act June 10, 1880. 24 Stat., 79.] 1249. Sec. 11. That every vessel mentioned in section forty-five hundred and sixty-nine of the Revised Statutes shall also be provided with a slop- APPENDIX NO. II. 48i) chest, which shall contain a comijlement of clothing for the intended voyage for each seaman employed, including boots or shoes, hats or caps, under clothing and outer clothing, oiled clothing, and everything necessary for the wear of a seaman; also a full supply of tobacco and blankets. Any of the contents of the slop-chest shall be sold, from time to time, to any or every seaman ax)plying therefor, for his own use, at a in-ofit, not exceeding ten per centum of the reasonable wholesale value of the same at the port at which the voyage c mmenced. And if any such vessel is not j^rovided, before sailing, as herein required, the owner shall l)e liable to a i)enalty of not more than five hundred dollars. The x)rovisions of this section shall not apply to vessels jdying between the United States and the Dominion of Canada, Newfoundland, the Ber¬ muda Islands, the Bahama Islands, the West Indies, Mexico and Central America.^ 1250. Sec. 12. That on and after July first, eighteen hundred and eighty-four, no fees named in the tariff of consular fees j^rescribed by order of the President shall be charged or collected by consular officers for the official services to American vessels and seameii. Consular officers shall furnish the master of every such vessel with an itemized statement of such services i^erformed on account of said vessel, with the fee so prescribed for each service, and make a detailed report to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may x^rescribe; and the Sec¬ retary of the Treasury shall allow consular officers who are x^aid in whole or in part by fees such compensation for said services as they would have received prior to the passage of this act: Provided, That such services, in the opinion of the Secretary of the Treasury have been necessarily rendered; And a sum sufficient for the payment of such compensation, when thus adjusted by the Secretary of the Treasury, is hereby ax)propriated out of any money in the Treasury not otherwise ax)X5i’opriated. Sec 13. [Substitute for sec 4213 R. S.] 1251. Sec. 14. That in lieu of the tax on tonnage of thirty cents per ton x)er annum imx)Osed x^rior to July first, eighteen hundred and eighty- four. a duty of three cents per ton, not to exceed in the aggregate fifteen cents per ton in any one year, is hereby imxDOsed at each entry on all vessels which shall be entered in any x^ort of the United States from 1 Or, by 1886, June 19, ch. 421. § 18, to vessels engaged in the whaling or fishing business. 490 APPENDIX NO. II. any foreign port or place in North America, Central America, the West India Islands, the Bahama Islands, the Bermuda Islands, or the coast of South America bordering on the Caribbean Sea, or the Sandwich Islands, or Newfoundland; Aiuba duty of six cents per ton, not to exceed thirty cents per ton per annum, is hereby imposed at each entry upon all vessels which shall be entered in the United States from any other foreign ports, not, however, to include vessels in distress or not engaged in trade: Provided, That the President of the United States shall suspend the collection of so much of the duty herein imposed, on vessels entered from any foreign port, as may be in excess of the tonnage and light¬ house dues, or other equivalent tax or taxes, imposed in said port on American vessels by the Government of the foreign country in which such port is situated, and shall, upon the passage of this act, and from time to time thereafter as often as it may become necessary by reason of changes in the laws of the foreign countries above mentioned, indi¬ cate by proclamation the ports to which such suspension shall api)ly, and the rate or rates of tonnage-duty, if any, to be collected under such suspension: Provided further, That such proclamation shall exclude from the ben¬ efits of the suspension herein authorized the vessels of any foreign coun¬ try in whose ports the fees or dues of any kind or nature imposed on vessels of the United States, or the import or export duties on their car¬ goes, are in excesss of the fees, dues, or duties imposed on the vessels (') of the country in which such port is situated, or on the cargoes of such vessels; And sections forty-two hundred and twenty-three and forty-two hun¬ dred and twenty-four, and so much of section forty-two hundred and nineteen of the Revised Statutes as conflicts with this section, are hereby repealed. [As amended by sec. 11, act June 19, 1886, 24 Stats., 79.] 1252. Sec. 15. Sections forty-five hundred and eighty-five, forty-five hundred and eighty-six, and forty-five hundred and eighty-seven of the Revised Statutes, and all other acts and parts of acts providing for the assessment and collection of a hospital tax for seamen, are hereby, repealed, and the expense of maintaining the Marine Hospital Service shall hereafter be borne by the United States out of the receipts for duties on tonnage provided for by this act; and so much thereof as may be necessary, is hereby ai)propriated for that purpose. (•) See word.s here substituted by 1888, April 4, ch. 61, § 1. APPENDIX NO. II. 401 1253. Sec. 16. All articles of foreign production needed, and actually withdrawn from bonded warehouses, for supplies not including equip¬ ment of vessels of the United States engaged in the foreign trade, including the trade between the Atlantic and Pacific ports of the United States, may be so withdrawn free of duty, under such regulations as the Secretary of the Treasury may prescribe. 1254. Sec. 17. When a vessel is built in the United States for foreign account, wholly or partly of foreign materials on which import duties have been paid, there shall be allowed on such vessel, when exported, a drawback equal in amount to the duty paid on such materials, to be ascertained under such regulations as may be prescribed by the Secre¬ tary of the Treasury. Ten per centum of the amount of such drawback so allowed shall, however, be retained for the use of the United States by the collector paying the same. 1255. Sec. 18. That the individual liability of a ship-owner, shall be limited to the proportion of any or all debts and liabilities that his individual share of the vessel bears to the whole; and the aggregate liabilities of all the owners of a vessel on account of the same shall not exceed the value of such vessels and freight pending: Provided, That this provision shall not affect the liability of any owner incurred previous to the passage of this act, nor prevent any claimant from joining all the owners in one action; nor shall the same apply to wages due to persons employed by said ship-owners. 1256. Sec. 19. That a master of a vessel in the foreign trade may engage a seaman at any port in the United States, in the manner pro¬ vided 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. 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 re-engagement. 1257. Sec. 20. That 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 destination; And the master of a vessel clearing from a port of the United States with one or more seamen engaged in a foreign port as herein provided 492 APPENDIX NO. II. yhall not he recjuired to resliipin a port of the United States the seamen so engaged, or to give J)ond, as recpiired hy section forty-five hundred and seventy-six of the Revised Statutes, to produce said seamen before a hoarding officer (ui the return of said vessel to the United States. 1258. Sec. 21. That the word ‘‘port,*' as used in sections forty-one liundred and seventy-eight and fortj'-three hundred and thirtj’-four of the Revised Statutes, in reference to painting the name andjKut of every registered or licensed vessel on the stern of such vessel, shall l)e con¬ strued to mean either tlie port where the vessel is registered or enrolled, or the place in the same district where the vessel was built or where one or more of the owners reside. 1259. Sec. 22. That until the provisions of section one, chapter three hundred and seventy-six, of the laws of eighteen hundred and eighty- two, shall be made 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 l)orts of Mexico. 1260. Sec. 28. That sections thirty-nine hundred and seventy-six and forty-two hundred and three of the Revised Statutes of the United States, and all other compulsory laws and jiarts of laws that oblige American vessels to carry the mails to and from the United States arbi¬ trarily, or that prevent the clearance of vessels until they shall have taken mail matter on board, be and the same are hereby repealed, but such repeal shall not take effect until the first day of April eighteen diundred and eighty-five. 1261. Sec. 24. That section twenty-nine hundred and sixty-six of the Revised Statutes be amended by striking out the words “ })ropelled in whole or in part by steam so that said section as amended shall read as follows: “ Sec. 2906, When merchandise shall be imi)orted into any port of the United States from any foreign country in vessels, and it shall appear by the bills of lading that the merchandise so imported is to be delivered immediately after the entry of the vessel, the collector of such port may take possession of such merchandise and deposit the same in bonded warehouse; And when it does not appear by the bills of lading that the merchandise so imported is to be immediately delivered, the collector of the customs may take possession of the same and deposit it in bonded wjirehouse, at the request of the owner, master, or consignee of the vessel, on three days' notice to such collector after the entry of the ves.sel.’' APPENDIX NO. II. 493 1262. Sec. 25. That section twenty-eight hundred and seventy-two of the Revised Statutes he amended hy adding thereto the following: When the license to unload between the setting and rising of the sun is granted to a sailing-vessel under this section, a fixed, uniform, and rea¬ sonable compensation may be allowed to the inspector or inspectors for service between the setting and rising of the sun, under such regulations as the Secretary of the Treasury may prescribe, to be received by the collector from the master, owner, or consignee of the vessel, and to be paid b}" him to the inspector or inspectors. ” 1263. Sec. 26. That whenever any fine, penalty, forfeiture, exaction, or charge arising under the laws relating to vessels or seamen has been paid to any collector of customs or consular officer, and application has been made within one year from such payment for the refunding or remission of the same, the Secretary of the Treasury, if on investigation he finds that such fine, penalty, forfeiture, exaction, or charge was ille¬ gally, improperly, or excessively imposed, shall have the power, either before or after the same has been covered into the Treasury, to refund so much of such fine, penalty, forfeiture, exaction, or charge as he may think proper, from any moneys in the Treasury not otherwise appro¬ priated. Sec. 27. [Substitute for sec. 4.501, R. S.] 1264. Sec. 28. Before issuing any inspection certificate to any steamer the collector or other chief officer of customs for the port or district shall demand and receive from the owners thereof, as a compensation for the inspection and examinations inade for the year, the following sums, in addition to the fees for issuing enrollments and licenses now allowed by law, according to the tonnage of the vessel: For each steam- vessel of one hundred tons or under, ten dollars; and for each and every ton in excess of one hundred tons, five cents, in lieu of the fees now pro¬ vided by law, 1265. Sec. 29. That section twenty-seven hundred and seventy-six of the Revised Statutes is hereby amended by adding thereto the following: ''Provided, That vessels arriving at a port of entry in the United States, laden with coal, salt, railroad-iron, and other like articles in bulk, may proceed to places within that collection district to be specially designated by the Secretary of the Treasury, by general regulations or otherwise, under the superintendence of customs officers, at the expense of the parties interested, for the purpose of unlading cargoes of the character before mentioned.” I 1266. Sec. 30. All laws and parts of laws in conflict with the provisions of this act are hereby repealed: and this act shall take effect and be in 494 APPENDIX NO. II. force on and after July first, eighteen hundred and eighty-four. [June 20 , 1884 .] t Chap. 421. —An act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes. 1267. Be it enacted, &c., That on and after July first, eighteen hun¬ dred and eighty-six, no fees shall he charged or collected by collectors or other officers of customs, or by inspectors of steam-vessels or shipping commissioners, for the following services to vessels of the United States, to wit: Measurement of tonnage and certifying the same; Issuing of license Or granting of certificate of registry, record, or enrollment, including all indorsements on the same and bond and oath; Indorsement of change of master; Certifying and receiving manifest, including master's oath, and permit; Granting permit to vessels licensed for the fisheries to touch and trade; Granting certificate of payment of tonnage dues; Recording bill of sale, mortgage, hypothecation or conveyance, or the discharge of such mortgage or hypothecation; Furnishing certificate of title; Furnishing the crew-list, including bond; Certificate of i^rotection to seamen; Bill of health; Shipping or discharging of seamen, as provided by title fifty-three of the Revised Statutes and section two of this act; apprenticing boys to the merchant service; Inspecting, examining, and licensing steam-vessels, including inspec¬ tion-certificate and copies thereof; And licensing of master, engineer, pilot, or mate of a vessel; And all provisions of laws authorizing or requiring the collection of fees for such services are repealed, such appeal to take effect July first, eighteen hundred and eighty-six.' * Although this section in terms repeals all laws authorizing or requiring the col¬ lection of fees for the services herein enumerated by collectors or other officers of customs, inspectors of steam-vessels, or shipping commissioners, yet as the Secre- tiiry of the Trea.sury is directed to allow and i)ay them such compensation for said services as each would have received ])rior to the passage of this act, the laws fixing APPENDIX NO. II. 495 Collectors or other officers of customs, inspectors of steam vessels, and shipping commissioners who are i3aid wholly or partly hy fees shall make a detailed report of such services, and the fees provided by law, to the Secretary of the Treasury, under such regulations as that officer may prescribe; and the Secretary of the Treasury shall allow and pay, from any money in the Treasury not otherwise appropriated, said officers such compensation for said services as each would have received prior to the passage of this act; also such comxiensation to clerks of shipping commissioners ’ as would have been paid them had this act not passed: Provided, That such services have, in the opinion of the Secretary of the Treasury, been necessarily rendered. 1268. Sec. 2. That shipping commissioners may ship and discharge crews for any vessel engaged in the coastwise trade, or the trade between the United States and the Dominion of Canada, or Newfoundland, or the West Indies, or the Republic of Mexico, at the request of the master or owner of such vessel, the shipping and discharging fees in such cases to be one-half that prescribed by section forty-six hundred and twelve of the Revised Statutes, for the purpose of determining the compensa¬ tion of shipping commissioners. Sec. 3. [Amendment of sec. 10, act June 2C, 1884.] 1269. Sec. 4. That section forty-two hundred and eighty-nine of the Revised Statutes be amended so as to read as follows. “Sec. 4289. The provisions of the seven preceding sections, and of section eighteen of an act entitled ‘An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying-trade, and for other purposes,’ approved June twenty-sixth, eighteen hundred and eighty-four, relating to the limitations of the lia¬ bility of the owners of vessels, shall apply to all sea going vessels, and these fees would seem to be still in force for some purposes. The acts fixing these fees are as follows: Collectors or other officers of the customs, R. S., §§ 4381,4383, as amended by 1884, July 5, ch. 228. Inspectors of steam-vessels, R. S., § 4458, as amended by 1882, April 5, ch. 67. Shipping commissioners, R. S., § 4593, tables C, D, following R. S., § 4613, p. 896, as amended by § 3 of this act. This section refers to R. S., § 4613, as .still in force “for the purpose of determining the compensation of shipping commissioners.” This refers to the tables following R. S., § 4613, these being more strictly an appen¬ dix to R. S., § 4592. The shipment and discharge by a shipping commissioner of crews for the coastwise trade, which is made permissible by § 3 of this act, is now made compulsory by 1890, August 19, ch. 801. * See words inserted here by 1888, April 4, ch. 61, § 3. 49G APPENDIX NO. II. also to all vessels used on lakes or rivers or in inland navigation, includ¬ ing canal-boats, barges, and lighters.'’ 1270. Sec. 5. That section forty-one hundred and fifty-three of the Revised Statutes be amended by striking out the last sentence of the last paragraph, and inserting instead the following: “In every vessel documented as a vessel of the United States the number denoting her net tonnage shall be deeply carved or otherwise permanently marked on her main beam, and shall be so continued: and if the number at any tune cease to be continued such vessel shall be subject to a fine of thirty dollars on every arrival in a port of the United State if she have not her tonnage number legally carved or permanently marked.’’ 1271. Sec. 1). That from the close of section forty-one hundred and seventy-seven of said statutes the following words shall be stricken out, to wit: “Such vessel shall be no longer recognized as a vessel of the United States;” and in lieu thereof there shall be inserted the words following: “ Such vessel shall be liable to a fine of thirty dollars on every arrival in a port of the United States if she have not her proper official number legally carved or permanently marked.” 1272. Sec. ?. Every vessel of twenty tons or upwards, entitled to be documented as a vessel of the United States, other than registered ves¬ sels, found trading between district and district, or between different places in the same district, or carrying on the fishery, without being enrolled and licensed, and every vessel of less than twenty tons and not less than five tons burden found trading or carrying on the fishery as aforesaid without a license obtained as provided by this title, shall be liable to a fine of thirty dollars at every port of arrival without such enrollment or license. But if the license shall have expired while the vessel was at sea, and there shall have been no oi)portunity to renew such license, then said fine of thirty dollars shall not be incurred. And so much of section four thousand three hundred and seventy-one of the Revised Statutes as relate ^ to vessels entitled to be documented as ves.sels of the United States is hereby rei)ealed. 1273. Sec. R. S., § 4233, is superseded by 1890, August 19, ch. 802, and the subject of small ves¬ sels under oars is covered by article 7 of said act. APPENDIX NO. II. 49{) misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years. 1282. Sec. 18. Section nine of “An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying-trade, and for other purposes,” approved June twenty sixth, eighteen hundred and eighty-four, is hereby amended in the eighth line by inserting after the words “ and the consular officer” the following: “When the transj^ortation is by a sailing vessel; and the regular steerage-passenger rate, not to exceed two cents per mile, when the transportation is by steamer.” And the said section is further amended by adding at the end the following: “ or to take any seaman having a contagious disease.” [^June 19, 1886.] Chap. 61.—An act to amend the laws relating to navigation, and for other purposes. 1283. Be it enacted, &c., That section eleven of an act to abolish cer¬ tain fees for official services to American ve.ssels, and to amend the laws relating to shipping commissioners, seamen, and owners of vessels, and for other purposes, approved June nineteenth, eighteen hundred and eighty-six, be amended by striking out of the sixth and seventh lines of the subproviso of said section the words “of the country in which such port is situated, or on the cargoes of such vessels,” and substituting in lieu thereof the words “of such country, or on the cargoes of such vessels; But this proviso shall not be held to be inconsistent with the special regulation by foreign countries of duties and other charges on their own vessels, and the cargoes thereof, engaged in their coasting trade, or with the existence between such countries and other states of reciprocal stipulations founded on special conditions and equivalents, and thus not within the treatment of Ameriean vessels under the most-favored nation clause in treaties between the United States and such countries.” 1284. Sec. 2. That section one of the act hereinbefore mentioned be amended, in the third line from the end of the section, by inserting, after the words “shipping commissioners,” the words “and clerks of steamboat inspectors, and such allowances for fees of United States marshals and witnesses for services under the steamboat-inspection laws, and for expenses of steamboat inspectors provided for by section forty- four hundred and sixty-one of the Revised Statutes. ” Sec. 3. [Amendment of sec. 4581, R. S., and sec. 7, act June 26,1884.] 500 APPENDIX NO. II. Chap. 97.—An act to amend an act entitled “An act to amend the laws relative to .shipihng commissioner^,” approved August nineteenth, eighteen hundred and ninety, and for other purposes. 1285. Be it enacted, &c., That chapter eight hundred and one of the Pnhlic Laws of the Fifty-first Congress, entitled “An Act to amend the Act relative to shipping commissioners,” approved August nineteenth, eighteen hundred and ninety, is hereby amended so as to read as follows: “ When a crew is shipped by a shipping commissioner for any Ameri¬ can vessel in the coastwise trade, or the trade between the United States and the Dominion of Canada, or New Foundland, or the West Indies, or Mexico, as authorized by section two of an Act approved June nine¬ teenth, eighteen hundred and eighty-six, entitled “An Act to abolish certain fees for official services to American vessels, and to amend the laws relating to shipi)ing commissioners, seamen, and owners of vessels, and for other purposes,” an agreement shall be made with each seaman engaged as one of such crew in the same manner as is provided by Sec¬ tions four thousand five hundred and eleven and four thousand five hundred and twelve of the Revised Statutes, not however including the sixth, seventh and eighth items of Section four thousand five hundred and eleven; and such agreement shall be posted as provided in Section four thou¬ sand five hundred and nineteen, and such seamen shall be discharged and receive their wages as provided by the first clause of Section four thousand five hundred and twenty-nine and also by Sections four thousand five hundred and twenty-six, four thousand five hundred and twenty-seven, four thou¬ sand five hundred and twenty-eight, four thousand five hundred and thirty, four thousand five hundred and thirty-five, four thousand five hundred and thirty-six, four thousand five hundred and forty-two, four thousand five hundred and forty-three, four thousand five hundred and forty-four, four thousand five hundred and forty-five, four thousand five hundred and forty-six, four thousand five hundred and forty-seven, four thousand five hundred and forty-nine, four thousand five hundred and fifty, four thousand five hundred and fifty-one, four thousand five hundred and fifty-two, four thousand five hundred and fifty-three and four thousand five hundred and fifty-four of the Revised Statutes; but in all other respects such shipment of seamen and such shipping agi’eement shall be regarded as if both shipment and agreement had APPENDIX NO. II. 501 been entered into between the master of a vessel and a seaman without going before a shipping commissioner: Provided, That the clothing of any seaman shall be exempt from attachment, and that any person who shall detain such clothing when demanded by the owner shall be liable to a penalty of not exceeding one hundred dollars.” [February 18, 1895.'] TITLE LTIII. THE PEBEIC IIEAETII. 1286. Sec. 4792. The quarantines and other restraints established by the health-laws of any State, respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several revenue-cutters, and by the military officers commanding in any fort or station upon the sea-coast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health-laws, according to their respective i^owers and within their re¬ spective precincts, and as they shall be directed, from time to time, by the Secretary of the Treasury. But nothing in this Title shall enable any State to collect a duty of tonnage or impost without the consent of Congress. 1287. Sec. 4793. Whenever, by the health-laws of any State, or by the regulations made pursuant thereto, any vessel arriving within a collec¬ tion-district of such State is prohibited from coming to the port of entry or delivery by law established for such district, and such health-laws require or permit the cargo of the vessel to be unladen at some other place within or near to such district, the collector, after due report to him of the whole of such cargo, may grant his warrant or permit for the unlading and discharge thereof, under the care of the surveyor, or of one or more inspectors, at some other place where such health-laws permit, and upon the conditions and restrictions which shall be directed by the Secretary of the Treasury, or which such collector may, for the time, deem expedient for the security of the public revenue. 1288. Sec. 4794. There shall be purchased or erected, under the orders of the President, suitable warehouses, with wharves and inclosures, where merchandise may be unladen and deposited, from any vessel which shall 502 APPENDIX NO. II. be subject to a quarantine, or other restraint, pursuant to the health- laws of any State, at such convenient jjlaces therein as the safety of the public revenue and the.jobservance of such health-laws may require. 1289. Sec. 479“). Whenever the cargo of a vessel is unladen at some other place than the port of entry or delivery under the foregoing provisions, all the articles of such cargo shall be deposited, at the risk of the parties concerned therein, in such public or other warehouses or inclosures as the collector shall designate, there to remain under the joint custody of such collector and of the owner, or master, or other person having charge of such vessel, until the same are entirely unladen or discharged, and until the articles so deposited maybe safely removed without contraven¬ ing such health-laws. And when such removal is allowed, the collector having charge of such articles may grant permits to the respective own¬ ers or consignees, their factors or agents, to receive all merchandise which has been entered, and the duties accruing upon which have been paid, ux)on the pa^uiient by them of a reasonable rate of storage; which shall be fixed by the Secretary of the Treasury for all public warehouses and inclosures. 1290. Sec. 4796. The Secretary of the Treasury is authorized, when¬ ever a conformity to such quarantines and health-laws requires it, and in resiiect to vessels subject thereto, to x)rolong the terms limited for the entry of the same, and the rei^ort or entry of their cargoes, and to vary or disjiense with any other regulations applicable to such rei)orts or entries. No part of the cargo of any vessel shall, however, in any case, be taken out or unladen therefrom, otherwise than is allowed by law, or according to the regulations hereinafter established. 1291. Sec. 4797. Whenever, by the jirevalence of any contagious or epidemic disease in or near the jdace by law established as the port of entry for any collection-district, it becomes dangerous or inconvenient for the officers of the revenue employed therein to continue the discharge of their resi)ective offices at such i)ort, the Secretary of the Treasury, or, in his absence, the First Conii)troller, may direct the removal of the offi¬ cers of the revenue from such i)ort to any other more convenient place, within, or as near as may be to, such collection-district. And at such X)lace such officers may exercise the same i)Owers, and shall be liable to the same duties, according to existing circumstances, as in the port or district estaldished by law. Public notice of any such removal shall be given as soon as may be. [See § 1770.] 1292. Sec. 479. Sec. 7. That whenever it shall be .shown to the satisfaction of the 510 APPENDIX NO. II. President that by reason of the existence of cholera or other infectious or contagious diseases in a foreign country there is serious danger of the introduction of the game into the United States, and that notwith¬ standing the quarantine defense this danger is so increased by the intro¬ duction of persons or property from such country that a suspension of the right to introduce the same is demanded in the interest of the public health, the President shall have power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate and for such period of time as he may deem necessary. 1306. Sec. 8. That whenever the proper authorities of a State shall surrender to the United States the use of the buildings and disinfecting apparatus at a State quarantine station, the Secretary of the Treasury shall be authorized to receive them and to pay a reasonable compensa¬ tion to the State for their use, if in his opinion they are necessary to the United States. 1307. Sec. 9. That the act entitled ‘‘An act to prevent the introduction of infectious or contagious diseases into the United States, and to estab¬ lish a national board of health,” approved March 3, 1879, be, and the same is hereby, repealed. And the Secretary of the Treasury is directed to obtain jiossession of any property, furniture, books, paper, or records belonging to the United States which are not in the possession of an offi¬ cer of the United States under the Treasury Department which were formerly in the use of the National Board of Health or any officer or employe thereof. LAWS RELATING TO THE IMPORTATION OF NEAT CATTLE, SHEEP, SWINE, AND OTHER ANIMALS. [Act of August 30, 1890, sections 7. 8, 9 and 10.] 1308. Sec. 7. That the Secretary of Agriculture be, and is hereby, authorized, at the expense of the owner, to place and retain in quaran¬ tine all neat cattle, sheep, and other ruminants, and all swine, imported into the United States, at such ports as he may designate for such pur¬ pose, and under such conditions as he may by regulation prescribe, respectively, for the several classes of animals above described; and for this purpose he may have and maintain possession of all lands, buildings, animals, tools, fixtures, and appurtenances now in u.se for the quaran¬ tine of neat cattle, and hereafter purchase, construct, or rent as may be necessary. And he may appoint veterinary surgeons, inspectors, officers, and APPENDIX NO. II. 511 employees by him deemed necessary to maintain such quarantine, and provide for the execution of the other provisions of this act. 1309. Sec. 8. That the importation of all animals described in this act into any port in the United States, except such as maybe designated by the Secretary of Agriculture, with the approval of the Secretary of the Treasury, as quarantine stations, is hereby prohibited; And the Secretary of Agriculture may cause to be slaughtered such of the animals named in this act as may be, under regulations prescribed by him, adjudged to be infected with any contagious disease, or to have been exposed to infection so as to be dangerous to other animals; And that the value of animals so slaughtered as being so exposed to infection but not infected may be ascertained by the agreement of the Secretary of Agriculture and owners thereof, if practicable; otherwise, by the appraisal by two persons familiar with the character and value of such property, to be appointed b}^ the Secretary of Agriculture, whose decision, if they agree, shall be final; otherwise, the Secretary of Agri¬ culture shall decide between them, and his decision shall be final; and the amount of the value thus ascertained shall be paid to the owner thereof out of money in the Treasury appropriated for the use of the Bureau of Animal Industry; but no payment shall be made for any animal imported in violation of the i^rovisions of this act. If any animal subject to quarantine according to the provisions of this act are brought into any i^ort of the United States where no quarantine station is established the collector of such port shall require the same to be conveyed by the vessel on which they are imported or are found to the nearest quarantine station, at the expense of the owner. 1310. Sec. 9. That whenever, in the opinion of the President, it shall be necessary for the protection of animals in the United States against infectious or contagious diseases, he may, by proclamation, snsj^end the imj)ortation of all or any class of animals for a limited time, and may change, modify, revoke, or renew such proclamation, as the public good may require; and during the time of such suspension the importation of any such animals shall be unlawful. 1311. Sec. 10. That the Secretary of Agriculture shall cause careful inspection to be made by a suitable officer of all imported animals described in this act, to ascertain whether such animals are infected with contagious diseases or have been exposed to infection so as to be danger¬ ous to other animals, which shall then either be placed in quarantine or dealt with according to the regulations of the Secretary of Agriculture; and all food, litter, manure, clothing, utensils, and other appliances that 512 APPENDIX NO. II. have been so related to such animals on board ship as to be judged liable to convey infection shall be dealt with according to the regulations of the Secretary of Agriculture; And the Secretary of Agriculture may cause inspection to be made of all animals described in this act intended for exportation, and provide for the disinfection of all vessels engaged in the transportation thereof, and of all barges or other vessels used in the conveyance of such animals intended for export to the ocean steamer or other vessels, and of all attendants and their clothing, and of all head-ropes and other appliances used in such exportation, by such orders and regulations as he may prescribe; and if, upon such inspection, any such animals shall be adjudged, under the regulations of the Secretary of Agriculture, to be infected or to have been exposed to infection so as to be dangerous to other animals, they shall not be allowed to be placed upon any vessel for exportation: the expense of all the inspection and disinfection pro¬ vided for in this section to be borne by the owners of the vessels on which such animals are exjoorted. [Act of August 27, 1894, sec. 17.] 1312. That the importation of neat cattle and the hides of neat cattle from any foreign country into the United States is prohibited: Provided, That the operation of this section shall be suspended as to any foreign country or countries, or any parts of such country or countries, when¬ ever the Secretary of the Treasury shall officially determine, and give public notice thereof that such importation will not tend to the intro¬ duction or spread of contagious or infectious diseases among the cattle of the United States; and the Secretary of the Treasury is hereby authorized and empowered, and it shall be his duty, to make all neces¬ sary orders and regulations to carry this section into effect, or to susjiend the same as herein provided, and to send copies thereof to the proper officers in the United States, and to such officers or agents of the United States in foreign countries as he shall judge necessary. TIT LE LXVI. (Secs. 5270-r)280.) KXTRADITIOX. 1313. Sec. 5271. [In every case of complaint and of a hearing upon the return of the w^arrant of arrest, any depositions, warrants, or other APPENDIX NO. II. 513 papers offered in evidence, shall he admitted and received for the pur¬ pose of such hearing if they shall be properly and legally authenticated so as to entitle them to be received as evidence of the criminality of the person so apprehended, by the tribunals of the foreign country from which the accused party shall have escaped, and copies of any such depositions, warrants or other papers, shall, if authenticated according to the law of such foreign country, be in like manner received as evi¬ dence; and the certificate of the principal diplomatic or consular ofticer of the United States resident in such foreign country shall be proof that any such deposition, warrant or other paper, or copy thereof, is authen¬ ticated in the manner required by this section.] Chap. 378.—An act regulating fees and tlie practice in extradition cases. 1314. Sec. 5. That in all cases where any depositions, warrants, or other papers or copies thereof shall be offered in evidence upon the hear¬ ing of any extradition 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 authenticated so as to entitle them to be received for similar i:)ur- poses by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular ofticer 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. Sec. 6. The act approved June nineteenth, eighteen hundred and sev¬ enty-six, entitled “ An act to amend section fifty-two hundred and seventy-one of the Revised Statutes of the United States”, and so much of said section fifty-two hundred and seventy-one of the Revised Stat¬ utes of the United States as is inconsistent with the provisions of this act are hereby repealed. \^AugtLst 3, 1882.] TITLE L X X. (Secs. 5323-5550.) 1315. Sec. 5363. 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 offi- 17824 C R-33 514 APPENDIX NO. II. cer 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 offi¬ cers and mariners of such vessel whom he carried out with him as are in a condition to return and willing to retura, when he is ready to pro¬ ceed on his homeward voyage, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not more than six months. [See §§ 4300-4305.] 1316. Sec. 5442. Every consul, vice-consul, commercial agent, or vice¬ commercial agent, who knowingly and falsely certifies to any invoice, or other x^apers to which his certificate is bylaw authorized or required, shall be x^unished by a fine of not more than ten thousand dollars, and by imprisonment for a term not more than three years. [See §§ 1715, 1717.] 1317. Sec. 5495. The refusal of any person, whether in or out of office, charged wdth the safe-keeping, transfer, or disbursement of the public money, to pay any draft, order, or warrant, drawn upon him by the proper accounting officer of the Treasury, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or may be held, or to transfer or dis¬ burse any such money xiromptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, as prima-facie evidence of such embezzlement. [See § 3644.] I APPENDIX No. III. TREATIES AND EXTRACTS FROM TREATIES RELATING TO CONSULAR OFFICERS. 515 1 ‘ ✓ r • f f f «»■ :r— 1 * i i I I I <1 \ I 1 EXTRACTS FROM TREATIES AND CONVENTIONS REFERRED TO IN THE TEXT. ARGEXTIJv’^E REPEISEIC. Treaty concluded July 27,1853 {Friends]li}), Commerce, and Navigation). 1318. Article IX. **:«■**** If any citizen of either the two contracting parties shall die without will or testament, in any of the territories of the other, the Consul-G-en- eral or Consul of the nation to which the deceased belonged, or the rep¬ resentative of such Consul-General or Consul, in his absence, shall have the right to intervene in the possession, administration, and judicial liquidation of the estate of the deceased, conformably with the laws of the country, for the benefit of the creditors and legal heirs. 1319. Article XI. It shall be free for each of the two contracting parties to appoint Con¬ suls for the protection of trade, to reside in any of the territories of the other party; but, before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the government to which he is sent; and either of the contracting parties may excejit from the resi¬ dence of Consuls such particular places as they judge fit to be excepted. The archives and papers of the Consulates of the respective govern¬ ments shall be respected inviolably, and under no pretext whatever shall any magistrate, or any of the local authorities, seize or in any way inter¬ fere with them. The Diplomatic Agents and Consuls of the Argentine Confederation shall enjoy, in the territories of the United States, whatever privileges, exemptions, and immunities are, or shall be, granted to Agents of the same rank, belonging to the most favored nation- and, in like manner, 517 518 APPENDIX NO. III. the Diplomatic Agents and Consuls of the United States, in the territo¬ ries of the Argentine Confederation, shall enjoy, according to the strict¬ est reciiirocity, whatever privileges, exemptions, and immunities are, or may he, granted in the Argentine Confederation to the Dijdomatic Agents and Consuls of the most favored nation. A USTK1 A-111 IS (lAIlY. Consular Convention concluded July 11, 1870 (Rights, j^rivileges, and inininnities of Consuls). 1320. Article I. Each of the high contracting parties shall be at liberty to establish Consuls-General, Consuls, Vice-Consuls, or Consular Agents atthe ports and places of trade of the other party, except those where it may not be convenient to recognize such officers; but this exception shall notapjdy to one of the high contracting ])arties without also applying to every other Power. Consuls-General, Consuls, and other Consular Officers appointed and taking office according to the provisions of this article, in one or the other of the two countries, shall be free to exercise the right accorded them by the present convention throughout the whole of the district for which they may be respectively appointed. The said func¬ tionaries shall be admitted and recognized respectively upon presenting their credentials in accordance with the rules and formalities established in their respective countries. The exequatur required for the free exer¬ cise of their official duties shall be delivered to them free of charge: and upon exhibiting such exequatur they shall be admitted at once and with¬ out interference by the authorities. Federal or State, judicial or execu¬ tive, of the jiorts, cities, and places of their residence and district, to the enjoyment of the prerogatives reciprocally granted. 1321. Article II. The Consuls-General, Consuls, Vice-Consuls, and Consular Agents, their Chancellors, and other Consular Officers, if they are citizens of the State which appoints them, shall be exempt from military billetings, from service in the military or the national guard, and other duties of the same nature, and from all direct and p(‘rsonal taxation, whether Federal, State, or municipal, provided they be not owners of real estate, and neither carry on trade nor any industrial business. APPENDIX NO. III. 519 If, however, they are not citizens of the State which appoints them, or if they are citizens of the State in which they reside, or if they own property, or engage in any business there that is taxed under any laws of the country, then they shall be subject to the same taxes, charges, and assessments as other private individuals. They shall, moreover, enjoy personal immunities, except for acts regarded as crimes by the laws of the country in which they reside. If they are engaged in commerce, personal detention can be resorted to in their case only for commercial liabilities, and then in accordance only with general laws, applicable to all persons alike. 1322. Article III. Consuls-General, Consuls, and their Chancellors, Vice-Consuls, and Consular Officers, if citizens of the country which appoints them, shall not be summoned to appear as witnesses before a court of justice, except when, i)ursuant to law, the testimony of a Consul may be neces¬ sary for the defense of a person charged with crime. In other cases the local court, when it deems the testimony of a Consul necessary, shall either go to his dwelling to have the testimony taken orally, or shall send there a competent officer to reduce it to writing, or shall ask of him a written declaration. 1323. Article IV. Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall be at liberty to place over the chief entrance of :heir respective offices the arms of their nation, with the inscription, “ Consulate-General,” “Consulate,” “Vice-Consulate,” or “Consular Agency,” as may be. They shall also be at liberty to hoist the flag of their country on the Consular edifice, except when they reside in a city where the legation of their Government may be established. They shall also be at liberty to hoist their flag on board the vessel employed by them in port for the discharge of their duty. 1324. Article V. The Consular archives shall be at all times inviolable, and under no pretense whatever shall the local authorities be allowed to examine or seize the papers forming part of them. Article VI. In the event of incapacity, absence, or death of Consuls-General, Con¬ suls, Vice-Consuls, their Consular Pupils, Chancellors, or Secretaries, 520 APPENDIX NO. III. whose official character may have been previously made known to the respective authorities in the United States, or in the Austro-Hunga¬ rian Empire, shall he''admitted at once to the tenix)orary exercise of the Consular functions, and they shall, for the duration of it, enjoy all the immunities, rights, and i)rivileges conferred uj^on them hy the convention. 1326. Article VII. Consuls General and Consuls .shall have the i)Ower to apjioint Vice- Consuls and Consular Agents in the cities, ports, and towns within their Consular Districts, subject, however, to the approbation of the Government of the country where they reside. These Vice-Consuls and Consular Agents may be selected indiscriminately from among citi¬ zens of the two countries or from foreigners, and they shall be fur¬ nished with a commission issued by the appointing Consul, under whose orders they are to be placed. They shall enjoy the privileges and liberties stipulated in this convention. To Vice-Consuls and to Consular Agents who are not citizens of the State which appoints them, the lu’ivileges and immunities specified in Article II shall not extend. 1327. Article VIII. Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the two countries may, in the exercise of their duties, ajiply to the authorities wfithin their district, whether federal or local, judicial or executive, in the event of any infraction of the treaties and conventions between the two countries; also for the x)uriiose of protecting the rights of their countrymen. Should the said authorities fail to take due notice of their application, they shall be at liberty, in the absence of any Diiilomatic Reiiresentative of their country, to ajiply to the Government of the country where they reside. 1328. Article IX. Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the two countries, also their Chancellors, shall have the right to take at their office, at the residence of the i)arties, or on board shij). the depo.sitions of the captains and crews of vessels of their own nation, of iiassengers on board of them, of merchants oi any other citizens of their own country. They shall have the i)Ower also to receive and verify, conformably to the laws and regulations of their country: 1st. Wills and bequests of their countrymen, and all such acts and contracts between their countr\unen APPENDIX NO. HI. 521 as are intended to be drawn up in an authentic form and verified. 2d. Any and all acts of agreement entered upon between citizens of their own country and inhabitants of the country where they reside. All such acts of agreement, and other instruments, and also copies thereof, when duly authenticated by such Consul-General, Consul. Vice-Consul, or Consular Agent under his official seals, shall be received in courts of justice as legal documents, or as authenticated coifies, as the case may be, and shall liave the same force and effect as if drawn up by compe¬ tent public officers of one or the other of the two countries. Consuls- General, Consuls, Vice-Consuls, or Consular Agents of the respective countries shall have the power to translate and legalize all documents issued by the authorities or functionaries of their own country, and such i^apers shall have the same force and effect in the country where the aforesaid officers reside as if drawn up by sworn interpreters. 1329. Article X. Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall be at liberty to go on board the vessels of their nation admitted to entry, either in person or by proxy, and to examine the captain and crew, to look into the register of the ship, to receive declarations with reference to their voyage, their destination, and the incidents of the voyage; also, to draw up manifests, lists of freight, to assist in dispatching their ves¬ sels, and finally to accompany the said captains or crews before the courts and before the administrative authorities, in order to act as their interpreters or agents in their business transactions or applications of any kind. The judicial authorities and custom-house officials shall in no case jiroceed to the examination or search of merchant-vessels with¬ out previous notice to the Consular authority of the nation to which the said vessels belong, in order to enable them to be present. They shall also give due notice to Consuls, Vice-Consuls, or Consular Agents, in order to enable them to be present at any depositions or statements to be made in courts of law, or before local magistrates, by captains or persons composing the crew, thus to prevent errors or false interpretations which might impede the correct administration of justice. The notice to Consuls, Vice-Consuls, or Consular Agents shall name the hour fixed for such proceedings, and upon the non-appearance of 'the said officers or their representatives the case shall be proceeded with in their absence. 522 APPENDIX NO. III. 1330. Article XI. Consuls, Vice-Consuls, or Consular Agents shall have exclusive charge of the internal order of the merchant-vessels of their nation. They shall have, therefore, the exclusive power to take cognizance of and to settle all differences which may arise at sea or in port between captains, officers, and crews in reference to wages and the execution of mutual contracts, subject in each case to the laws of their own nation. The local authorities shall in no way interfere, except in cases where the differences on board ship are of a nature to disturb the peace and public order in port or on shore, or when persons other than the officers and crew of the vessel are parties to the disturbance, except as aforesaid, the local authorities shall confine themselves to the rendering of forcible assistance, if required, by the Consuls, Vice-Consuls, or Consular Agents, and shall cause the arrest, temporary imprisonment, and removal on board his own vessel of every person whose name is found on the muster- rolls or register of the ship or list of the crew. 1331 Article XII. Consuls-General. Consuls, Vice-Consuls, or Consular Agents shall have the power to cause the arrest of all sailors or all other persons belong¬ ing to the crews of vessels of their nation who may be guilty of having deserted on the respective territories of the high contracting powers, and to have them sent on board or back to their native country. To that end they shall make a written application to the competent local authority, supporting it by the exhibition of the ship’s register and list of the crew, or else, should 'the vessel have sailed previously, by pro¬ ducing an authenticated copy of these documents, showing that the persons claimed reaUy do belong to the ship’s crew. Upon such request the surrender of the deserter shall not be refused. Every aid and assist¬ ance shall, moreover, be granted to the said Consular authorities for the detection and arrest of deserters, and the latter shall be taken to the prisons of the country and there detained at the request and expense of the Consular authority until there may be an opportunity for sending them away. The duration of this imprisonment shall not exceed the term of three months, at tlie expiration of which time, and upon three days’ notice to the Consul, the jirisoner shall be set free, and he shall not be liable to rearrest for the same cause. Should, however, the deserter have committed on shore an indictable offense, the local authori¬ ties shall be free to postpone his extradition until due sentence shall APPENDIX NO. III. 523 have been passed and executed. The high contracting parties agree that seamen, or other individuals forming part of the ship's crew, who are citizens of the country in which the desertion took place, shall not be affected by the provisions of this article. 1332. Article XIII. In all cases where no other agreement to the contrary exists between owners, freighters, and insurers, all damages suffered at sea by the ves¬ sels of the two countries, whether they enter the respective ports volun¬ tarily or by stress of weather, shall be settled by the Consuls-General, Consuls, Vice-Consuls, or Consular Agents of their respective nations, provided no interests of citizens of the country where the said function¬ aries reside, nor of citizens of a third iiower, are concerned. In that case, and in the absence of a friendly compromise between all jiarties interested, the adjudication shall take place under supervision of the local authorities. 1333. Article XIV. In the evenL of a vessel belonging to the Government, or owned by a citizen of one of the two contracting States, being wrecked or cast on shore upon the coast of the other, the local authorities shall inform the Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the dis¬ trict of the occurrence, or if such Consular Agency does not exist, they shall communicate with the Consul-General, Consul, Vice-Consul, or Consular Agent of the nearest district. All proceedings relative to the salvage of American vessels wrecked or cast on shore in Austro-Hungarian waters shall be directed by the United States Consuls-General, Consuls, Vice-Consuls, or Consular Agents; also all iiroceedings relative to the salvage of Austro-Hungarian vessels wrecked or cast on shore in American waters shall be directed by Austro- Hungarian Consuls-General, Consuls, Vice-Consuls, or Consular Agents. An interference of the local authorities in the two countries shall take place for the purpose only of assisting the Consular authorities in main¬ taining order and protecting the rights of salvors not belonging to the crew; also for enforcing the regulations relative to the import or export of the merchandise saved. In the absence and until the arrival of the Consuls-General, Consuls, Vice-Consuls, or Consular Agents, or their duly appointed delegates, the local authorities shall take all the necessary measures for the protection of persons and preservation of the property saved from the wreck. APPENDIX NO. III. oL>4 Xo charges shall be made for the interference of the local authorities in such cases, except for expenses incurred through salvage and the l)reservation of i)roperty saved, also for those expenses which, under similar circumstances, vessels belonging to the country where the wreck happens would have to incur. In case of a doubt concerning the nationality of the wrecks, the local authorities shall have exclusively the management and execution of the provisions laid down in the i)resent article. The high contracting parties also agree that all merchandise and goods not destined for consumption in the country in which the wreck takes place shall be free of all duties. 1334. Article XV. Consuls-General. Consuls, Vice-Consuls, and Consular Agents, also Con¬ sular Pupils. Chancellors, and Consular Officers, shall enjoy in the two countries all the liberties, i)rerogatives, immunities, and privileges granted to functionaries of the same class of the most favored nation. 1335. Article XVI. In the case of the death of a citizen of the United States in the Aus- trian-Hungarian Monarchy, or of a citizen of the Austrian-Hungarian Monarchy in the United States, without having any known heirs or testamentary executors by him appointed, the competent local authori¬ ties shall inform the Consuls or Consular Agents of the State to which the deceased belonged of the circumstance, in order that the necessarj* information may be immediately forwarded to the parties interested. IJKIAill M. Treaty concluded Mai'ch U. ISSO (RiyJitn. Privileges, and Immunities of Consjils). 1336 Article I. f Each of the high contracting parties agrees to receive from the other. Consuls-General, Consuls, Vice-Consuls, and Consular Agents, in all its ports, cities, and places, except those where it may not be convenient to recognize such officers. This reservation, however, shall not apply to one of the high contracting parties ^^ithout also applying to every other Power. APPENDIX NO. III. 525 1337. Article II. The Consiils-General, Consuls, Vice-Consuls, and Consular Agents of each of the two high contracting parties shall enjoy reciprocally, in the States of the other, all the privileges, exem^Dtions, and iinmunioes that are enjoyed by officers of the same rank and quality of the most favored nation. The said officers, before being admitted to the exercise of their functions and the enjoyment of the immunities thereto pertaining, shall IDresent their commissions in the forms established in their respective countries. The Government of each of the two high contracting Powers shall furnish them the necessary exequatur free of charge, and, on the exhibition of this instrument, they shall be permitted to enjoy the rights, privileges, and immunities granted by this convention. 1338. Article III. Consuls-General, Consuls Vice-Consuls, and Consular Agents, citizens of the State by which they are appointed, shall be exempt from prelim¬ inary arrest except in the case of offenses which the local legislation qualifies as crimes and punishes as such; they shall be exempt from mil¬ itary billetings, from service in the regular army or navy, in the militia, or in the national guard; they shall likewise be exempt from all direct taxes, national, state, or municipal, imposed upon xiersons, either in the nature of capitation tax or in respect to their property, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where the said officers exercise their functions. This exemption shall not, however, apply to Consuls-General, Consuls, Vice-Consuls, or Consular Agents engaged in any profession, business, or trade, but the said officers shall in such case be subject to the payment of the same taxes that would be paid by any other foreigner under the like circumstances. 1339 Article IV. When a court of one of the two countries shall desire to receive the judicial declaration or deposition of a Consul-General, Consul, Vice- Consul, or Consular Agent who is a citizen of the State which appointed him, and who is engaged in no commercial business, it shall request him, in writing, to appear before it, and in case of his inability to do so, it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally. 526 APPENDIX NO. III. It shall be the duty of such officer to comply with this request with as little delay as possible. In all criminal cases, contemplated by the sixth article of the amend¬ ments to the Constitution of the United States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favor, the appearance in court of said Consular Officer shall be demanded, with all possible regard to the Consular dignity and to the duties of his office. A similar treatment shall also be extended to the Consuls of the United States in Belgium, in the like cases. 1340. Article V. Consuls-General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their offices the arms of their nation, with ^ this inscription: Consulate-General, or Consulate, or Vice-Consulate, or Consular Agency of the United States or of Belgium. They may also raise the flag of their country on their offices, except in the capital of the country when there is a legation there. They may in like manner raise the flag of their country over the boat employed by them in the port for the exercise of their functions. 1341. Article VI. The Consular offices shall at all times be inviolable. The local author¬ ities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. When a Consular Officer is engaged in other business, the pai)ers relating to the Consulate shall be kept separate. 1342. Article VII. In the event of the death, incaj)acity, or absence of Consuls-General, Consuls, Vice-Consuls, and Consular Agents, their Chancellors or Secre¬ taries, whose official character may have previously been made known to the Department of State at Washington, or to the Ministry for For¬ eign Affairs in Belgium, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives, and immunities granted to the incumbents. 1343. Article VIII. Consuls-General and Consuls may, so far as the laws of their country allow, with the aiiprobation of their respective Governments, appoint Vice-Consuls and Consular Agents in the cities, ports, and places within their consular jurisdiction. These agents may be selected from among APPENDIX NO. III. 527 citizens of the United States or of Belgium, or those of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for Consular Officers in this convention, subject to the exceptions specified in Articles 3 and 4. 1344. Article IX. Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall have the right to address the administrative and judicial authorities, whether in the United States of the Union, the States or the municipali¬ ties, or in Belgium, of the State, the province or the commune, through¬ out the whole extent of their consular jurisdiction, in order to complain of any infraction of the treaties and conventions between the United States and Belgium, and for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be satisfac¬ torily redressed, the Consular Officers aforesaid, in the absence of a Diplomatic Agent of their country, may apply directly to the Govern¬ ment of the country where they exercise their functions. 1345. Article X. Consuls-General, Consuls, Vice-Consuls, and Consular Agents may take at their offices, at their private residence, at the residence of the parties, or on board ship, the depositions of the captains and crews of vessels of their own country, of passengers on board of them, and of any other citizen of their nation. They may also receive at their offices, conform¬ ably to the laws and regulations of their country, all contracts between the citizens of their country and the citizens or other inhabitants of the country where they reside, and even all contracts between the latter, provided they relate to property situated or to business to be transacted in the territory of the nation to which the said Consular Officer may belong. Such papers and official documents of every kind, whether in the origi¬ nal, in copies, or in translation, duly authenticated and legalized by the Consuls-General, Consuls, Vice-Consuls, and Consular Agents, and sealed with their official seal, shall be received as legal documents in courts of justice throughout the United States and Belgium. 1346. Article XL The respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall have exclusive charge of the internal order of the merchant vessels of their nation, and shall alone take cognizance of all differences 528 APPENDIX NO. III. which may arise, either at sea or in port, between the captains, officers, and crews, without exception, particularly in reference to the adjust¬ ment of wages and the execution of contracts. The local authorities shall not interfere except when the disorder that has arisen is of such a nature as to disturb tranquillity and public order on shore or in the port, or when a person of the country or not belonging to the crew shall be concerned therein. In all other cases the aforesaid authorities shall confine themselves to lending aid to the Consuls and Vice-Consuls or Consular Agents, if they are rec^uested by them to do so, in causing the arrest and imprisonment of any person whose name is inscribed on the crew-list, 'whenever, for any cause, the said officers shall think proper. 1347. Article XII. The respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents may cause to be arrested the officers, sailors, and all other per¬ sons making jiart of the crews, in any manner whatever, of ships of war or merchant vessels of their nation, who may be guilty, or be accused, of having deserted said shijis and vessels, for the jiurpose of sending them on board or back to their country. To this end they shall address the competent local authorities of the respective countries, in writing, and shall make to them a written request for the deserters, supporting it by the exhibition of the register of the vessel and list of the crew, or by other official documents, to show that the persons claimed belong to the said ship s company. Upon such reciuest, thus supported, the delivery to them of the desert¬ ers cannot be refused, unless it should be duly proved that they were citizens of the country where their extradition is demanded at the time of their being inscribed on the crew-list. All the necessary aid and protection shall be furnished for the pursuit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of the country, at the request and expense of the Consular Officers, until there may be an opportunity for sending them away. If, however, such an oppor¬ tunity should not present itself within the si)ace of three months, count¬ ing from the day of the arrest, the deserters shall be set at liberty, nor shall they be again arrested for the same cause. If the deserter has committed any misdemeanor, and the court having the right to take cognizance of the offense shall claim and exerci.se it, the delivery of the deserter shall be deferred until the decision of the court has been pronounced and executed. APPENDIX NO. III. 529 1348. Article XIII. In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port voluntarily, or are forced by stress of weather, shall be settled by the Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the respective countries. If, however, any inhabitant of the country or citizen or subject of a third power, shall be interested in the matter, and the parties cannot agree, the competent local authorities shall decide. 1349. Article XIV. All proceedings relative to the salvage of vessels of the United States wrecked upon the coasts of Belgium, and of Belgian vessels wrecked upon the coasts of the United States, shall be directed by the Consuls- General, Consuls, and Vice-Consuls of the two countries respectively, and until their arrival, by the respective Consular Agents, wherever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall be immediately informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of wrecked property. The local authorities shall not otherwise interfere than for the main¬ tenance of order, the protection of the interests of the salvors if these do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom-house charges, unless it be intended for consumption in the country where the wreck may have taken place. The intervention of the local authorities in these different cases shall occasion no expense of any kind, except such as may be caused by the operations of salvage and the preservation of the goods saved, together with such as would be incurred under similar circumstances by vessels of the nation. 1350. Article XV. In case of the death of any citizen of the United States in Belgium, or of a citizen of Belgium in the United States, without having any known heirs or testamentary executor by him appointed, the competent local 17824 C R-34 530 APPENDIX NO. III. authorities shall give information of the circumstance to the Consuls or Consular Agents of the nation to which the deceased belongs, in order that the necessary information may be immediately forwarded to x)arties interested. Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall have the right to appear, personally or by delegate, in all proceedings on behalf of the absent or minor heirs, or creditors, until they are duly represented. BOI^IVIA. Treaty concluded May 13, 1858 {Peace, Friendship, Commerce, and Xavi- gation), * * * * * * 1351. Article XXXI. To make effectual the protection which the United States and the Republic of Bolivia shall afford in future to the navigation and com¬ merce of the citizens of each other, they agree to receive and admit Con¬ suls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation, each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice-Consuls may not seem convenient. 1352. Article XXXII. In order that the Consuls and Vice-Consuls of the two contracting par¬ ties may enjoy the rights, immunities, and prerogatives which belong to them by their public character, they shall, before entering upon their functions, exhibit their commission or patent in due form to the Gov¬ ernment to which they are accredited, and, having obtained their execiuatur, they shall be held and considered as such by all the authori¬ ties, magistrates, and inhabitants in the Consular District in which they reside. 1353. Article XXXIII. It is also agreed that the Consuls and Officers, and persons attached to the Consulate, they not being citizens of the country in which the APPENDIX NO. III. 531 Consul resides, shall be exempted from all kinds of imposts and contri¬ butions, except those which they shall be obliged to pay on account of their commerce or property, to which the citizens or inhabitants, native or foreign, of the country in which they reside are subject, being, in everything besides, subject to the laws of the respective States. The archives and papers of the Consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. 1354. Article XXXIV. The said Consul shall have power to require the assistance of the au¬ thorities of the country for the arrest, detention, and custody of desert¬ ers from the public and private vessels of their country; and for that purpose they shall address themselves'to the courts, judges, and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel’s or ship’s roll, or other public documents, that those men were part of the said crews; and on this de¬ mand, so proved (saving, however, when the contrary is proved), the delivery shall not be refused. Such deserters, when arrested, shall be put at the disposal of said Consuls, and may be put in the public prisons, at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation; but if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. ***** * * BORXEO. Treaty concluded June 23, 1850 {Peace and Friendship). 1355. Article IX. ******* His highness the Sultan of Borneo agrees that in all cases where a cit¬ izen of the United States shall be accused of any crime committed in any part of his highness’s dominions, the person so accused shall be exclu¬ sively tried and adjudged by the American Consul, or other officer duly appointed for that purpose; and in all cases where disputes or differences 532 APPENDIX NO. III. may arise between American citizens, or between American citizens and the subjects of his highness, or between American citizens and the citi¬ zens or subjects of any other foreign power in the dominions of the Sul¬ tan of Borneo, the American Consul, or other duly appointed officer, shall have power to hpar and decide the same, without any interference, mo¬ lestation, or hindrance on the part of any authority of Borneo, either before, during, or after the litigation. BRKMEX. (See Hanseatic Republics.) CIIIXA. Treaty concluded July S, {Peace, Amity, and Commerce). * * * * * * * 1356. Article III. The citizens of the United States are permitted to frequent the five ports of Kwangchow, Amoy, Fuchow, Ningpo, and Shanghai, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise to and from any foreign port and either of the said five xiorts, and from either of the said five xiorts to any other of them. But said vessels shall not unlawfully enter the other Xiorts of China, nor carry on a clandestine and fraudulent trade along the coasts thereof. And any vessel belonging to a citizen of the United States which violates this x)rovision shall, with her cargo, be subject to confiscation to the Chinese (xovernment. 1357 Article IV. For the superintendence and regulation of the concerns of the citizens of the United States doing business at the said five x^orts, the Govern¬ ment of the United States may ax)i)oint Consuls or other officers at the same, who shall be duly recognized as such by the officers of the Chinese Government, and shall hold official intercourse and corresxiondence ^vith the latter, either x^ersonal or in writing, as occasion may reciuire, on terms of equality and recixu’ocal resx)ect. If disrespectfully treated or APPENDIX NO. III. 533 aggrieved in any way by the local authorities, said officers on the one hand shall have the right to make representation of the same to the superior officers of the Chinese Government, who will see that full inquiry and strict justice be had in the premises; and, on the other hand, the said Consuls will carefully avoid all acts of unnecessary offense to or collision with the officers and people of China. 1358. Article V. At each of the said five ports, citizens of the United States lawfully engaged in commerce shall be permitted to import from their own or any other ports into China, and sell there, and purchase therein, and export to their own or any other ports, all manner of merchandise of which the importation or exportation is not prohibited by this treaty, paying the duties which are prescribed by the tariff hereinbefore established, and no other charges whatsoever. 1359. Article VI. Whenever any merchant-vessel belonging to the United States shall enter either of the said five ports for trade, her papers shall be lodged with the Consul or person charged with affairs, who will report the same to the Commissioner of Customs; and tonnage duty shall be paid on said vessel at the rate of five mace per ton if she be over one hundred and fifty tons burden, and one mace per ton if she be of the burden of one hundred and fifty tons or under, according to the amount of her tonnage, as specified in the register; said payment to be in full of the former charges of measurement and other fees, which are wholly abolished. And if any vessel, which, having anchored at one of the said ports, and there paid tonnage duty, shall have occasion to go to any others of the said ports to complete the disposal of her cargo, the Consul or person charged with affairs will report the same to the Commissioner of Cus¬ toms, who, on the departure of said vessel, will note in the port clear¬ ance that the tonnage duties have been paid, and report the same to the other custom-houses; in which case, on entering another port, the said vessel will only pay duty there on her cargo, but shall not be subject to the payment of tonnage duty a second time. * * * * * * * 1360. Article VIII. Citizens of the United States, for their vessels bound in, shall be allowed to engage pilots, who will report said vessels at the passes, and 534 APPENDIX NO. III. take them into port; and when the lawful duties have all been paid, they may engage pilots to leave port. It shall also be lawful for them to hire, at pleasure, servants, compradors, linguists, and writers, and passage or cargo boats, and to employ laborers, seamen, and persons for whatever necessary service, for a reasonable compensation, to be agreed on by the parties, or settled by application to the Consular Officer of their Gov¬ ernment’, without interference on the part of the local officers of the Chinese Government. * * * * * * * 1361. Article X. Whenever a merchant-vessel belonging to the United States shall cast anchor in either of the said joorts, the supercargo, master, or consignee will, within forty-eight hours, deposit the ship’s papers in the hands of the Consul, or person charged with the affairs of the United States, who will cause to be communicated to the Superintendent of Customs a true report of the name and tonnage of such vessel, the names of her men, and of the cargo on board; which being done, the Superintendent will give a permit for the discharge of her cargo. And the master, supercargo, or consignee, if he proceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars; and the goods so discharged without permit shall be subject to forfeiture to the Chinese Goverament. But if the master of any vessel in port desires to discharge a part, only, of the cargo, it shall be lawful for him to do so, paying duties on such part only, and to proceed ^^uth the remainder to any other ports. Or, if the master so desire, he may, within forty-eight hours after the arrival of the vessel, but not later, decide to depart without breaking bulk: in which case he will not be subject to pay tonnage or other duties or charges until, on his arrival at another port, he shall proceed to dis¬ charge cargo, when he will pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held to be due after the expira¬ tion of said forty-eight hours. 1362 Article XI. The Superintendent of Customs, in order to the collection of the proper duties, will, on application made to him through the Consul, appoint suitable officers, who shall proceed, in the presence of the captain, super¬ cargo, or consignee, to make a just and fair examination of all goods in the act of being discharged for importation, or laden for exportation on APPENDIX NO. III. 535 board any merchant vessel of the United States. And if dispute occur in regard to the value of goods subject to an ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not afterwards, be referred to the said Consul to adjust with the Super¬ intendent of Customs. 1363. Article XII. Sets of standard balances, and also weights and measures, duly pre¬ pared, stamped, and sealed, according to the standard of the custom¬ house at Canton, shall be delivered by the Superintendents of Customs to the Consuls, at each of the five ports, to secure uniformity, and pre¬ vent confusion in measures and weights of merchandise. 1364. Article XIII. The tonnage duty on vessels belonging to citizens of the United States shall be paid on their being admitted to entry. Duties of import shall be paid on the discharge of the goods, and duties of export on the lading of the same. When all such duties shall have been paid, and not before, the Superintendent of Customs shall give a port clearance, and the Con¬ sul shall return the ship’s papers, so that she may depart on her voy¬ age. The duties shall be paid to the shroffs authorized by the Chinese Government to receive the same in its behalf. Duties payable by mer¬ chants of the United States shall be received either in sycee silver or in foreign money, at the rate of exchange as ascertained by the regulations now in force. And imported goods, on their resale or transit in any part of the Empire, shall be subject to the imposition of no other duty than they are accustomed to pay at the date of this treaty. 1365. Article XIV. Xo goods on board any merchant-vessel of the United States in port are to be transshipped to another vessel unless there be particular occa¬ sion therefor, in which case the occasion shall be certified by the Consul to the Superintendent of Customs, who may appoint officers to examine into the facts, and permit the transshipment. And if any goods be trans¬ shipped without such application, inquiry, and permit, they shall be subject to be forfeited to the Chinese Government. ******* 53G APPENDIX NO. III. 1366. Article XVI. The Chinese Government will not hold itself responsible for any debts which may happen to be due from subjects of China to citizens of the United States, or for frauds committed by them; but citizens of the United States may seek redress in law; and on suitable representation being made to the Chinese local authorities, through the Consul, they vdll cause due examination in the premises, and take all proper stejis to compel satisfaction. But in case the debtor be dead, or without prop¬ erty, or have absconded, the creditor cannot be indemnified, according to the old sj'stem of the cohong, so called. And if citizens of the United States be indebted to subjects of China, the latter may seek redress in the same way through the Consul, but without any responsibility for the debt on the part of the United States. 1367. Article XVII. ******* At the places of anchorage of the vessels of the United States, the citizens of the United States, merchants, seamen or others sojourning there, may pass and repass in the immediate neighborhood; but they shall not, at their pleasure, make excursions into the country among the villages at large, nor shall they repair to public marts for the pur¬ poses of disposing of goods unlawfully and in fraud of the revenue. And, in order to the preservation of the public peace, the local officers of government at each of the five ports shall, in concert with the Con¬ suls. define the limits beyond which it shall not be lawful for citizens of the United States to go. * * ***** 1368. Article XIX. All citizens of the United States in China, peaceably attending to their affairs, being placed on a common footing of amity and good will with subjects of China, shall receiv^e and enjoy for themselves and every¬ thing appertaining to them the special protection of the local authori¬ ties of government, who shall defend them from all insult or injury of any sort on the part of the Chinese. If their dwellings or proiierty be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, ^vill immediately dispatch a military force to disperse the rioters, and vdll apprehend the guilty individuals, and punish them with the utmost rigor of the law. APPENDIX NO. III. 537 1369 Article XX. Citizens of the United States who may have imported merchandise into any of the free ports of China, and paid the duty thereon, if they desire to re-export the same, in part or in whole, to any other of the said iDorts, shall be entitled to make application, through their Consul, to the Super¬ intendent of Customs, who, in order to prevent frauds on the revenue, shall cause examination to be made by suitable officers, to see that the duties paid on such goods as entered on the custom-house books corre¬ spond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port clearance of the goods, and the amount of duties paid on the same, and deliver the same to the merchant; and shall also certify the facts to the officers of customs of other ports; all of which being done, on the arrival in port of the vessel in which the goods are laden, and everything being found on examination there to correspond, she will be permitted to break bulk and land the said goods, without being subject to the payment of any additional duty thereon. But if, on such examination, the Superintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese Government. ft 1370. Article XXI. Subjects of China, who may be guilty of any criminal act toward citizens of the United States, shall be arrested and punished by the Chinese authorities according to the laws of China; and citizens of the United States, who may commit any crime in China, shall be subject to be tried and punished only by the Consul, or other public functionary of the United States thereto authorized, according to the laws of the United States. And in order to the prevention of all controversy and disaffection, justice shall be equitably and impartially administered on both sides. ******* 1371. Article XXIII. The Consuls of the United States at each of the five ports open to foreign trade shall make, annually, to the respective governors-general thereof, a detailed report of the number of vessels belonging to the United States which have entered and left said ports during the year, and of the amount and value of goods imported or exported in said vessels, for transmission to and inspection of the board of revenue. 538 APPENDIX NO. III. 1372. Article XXIV. If citizens of the United States have special occasion to address any communication to the Chinese local officers of government, they shall submit the same to their Consul, or other officer, to determine if the language be proper and respectful, and the matter just and right; in which event he shall transmit the same to the appropriate authorities for their consideration and action in the premises. In like manner, if subjects of China have special occasion to address the Consul of the United States, they shall submit the communication to the local au¬ thorities of their own Government, to determine if the language be respectful and proper, and the matter just and right; in which case the said authorities will transmit the same to the Consul or other officer for his consideration and action in the premises. And if controversies arise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be exam¬ ined and decided conformably to justice and ecjuity by the public offi¬ cers of the two nations acting in conjunction. 1373. Article XXV. All questions in regard to rights, whether of property or person, aris¬ ing between citizens of the United States in China, shall be subject to the j urisdiction and regulated by the authorities of their own govern¬ ment; and all controversies occurring in China between citizens of the United States and the subjects of any other government shall be regu¬ lated by the treaties existing between the United States and such Gov¬ ernments, respectively, without interference on the part of China. 1374. Article XXVI. Merchant-vessels of the United States, lying in the waters of the five ports of China open to foreign commerce, will be under the jurisdiction of the officers of their own Government, who, with the masters and owners thereof, will manage the same without control on the part of China. For injuries done to the citizens or the commerce of the United States by any foreign power, the Chinese Government will not hold itself bound to make reparation. But if the merchant-vessels of the United States, while within the waters over which the Chinese Govern¬ ment exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local'authorities, civil and military, on receiving informa¬ tion thereof, will arrest the said robbers or pirates, and punish them APPENDIX NO. III. 539 according to law, and will cause all the property which can be recovered to be placed in the hands of the nearest Consul, or other officer of the United States, to be restored by him to the true owner. But if, by rea¬ son of the extent of territory and numerous population of China, it should, in any case, happen that the robbers cannot be apprehended, or the property only in part recovered, then the law will take its course in regard to the local authorities, but the Chinese Government will not make indemnity for the goods lost. 5. Artici^e XXVII. If any vessel of the United States shall be wrecked or stranded on the coast of China, and be subjected to i^lunder or other damage, the proper officers of Government, on receiving information of the fact, will imme¬ diately adopt measures for their relief and security; and the persons on board shall receive friendly treatment, and be enabled at once to repair to the most convenient of the free ports, and shall enjoy all facilities for obtaining supplies of provisions and water. And if a vessel shall be forced, in whatever way, to take refuge in any x)ort other than one of the free ports, then in like manner the x)ersons on board shall receive friendly treatment, and the means of safety and security. 1376. Article XXVIII. Citizens of the United States, their vessels and projierty, shall not be subject to any embargo; nor shall they be seized or forcibly detained for any pretense of the public service; but they shall be suffered to prosecute their commerce in quiet, and without molestation or embarrassment. 1377. Article XXIX. The local authorities of the Chinese Government will cause to be appre¬ hended all mutineers or deserters from on board the vessels of the United States in China, and will deliver them up to the Consuls or other officers for punishment. And if criminals, subjects of China, take refuge in the houses or onboard the vessels of citizens of the United States, they shall not be harbored or concealed, but shall be delivered uxi to justice on due requisition by Chinese local officers addressed to those of the United States. The merchants, seamen, and other citizens of the United States shall be under the superintendence of the appropriate officers of their Gov¬ ernment. If individuals of either nation commit acts of violence and 540 APPENDIX NO. III. disorder, use arms to the injury of others, or create disturbances endan¬ gering life, the officers of the two Governments will exert themselves to enforce order, and to maintain the public peace, by doing impartial justice in the premises. 1378. Article XXX. The superior authorities of the United States and of China, in corre¬ sponding together, shall do so in terms of etpiality, and in the form of mutual communication {chav, hiviii). The Consuls, and the local officers, civil and military, in corresponding together, shall likewise employ the style and form of mutual communication {chan hwui). When inferior officers of one Government address superior officers of the other, they shall do so in the style and form of memorial {shin chin). Private indi¬ viduals, in addressing superior officers, shall employ the style of petition {pin ching) . In no case shall any terms or style be suffered which shall be offensive or disrespectful to either party. And it is agreed that no presents, under any pretext or form whatever, shall ever be demanded of the United States by China, or of China by the United States. * * * * * * * Treaty concluded June 18,1858. ******* 1379. Article VII. The superior authorities of the United States and of China, in corre¬ sponding together, shall do so on terms of equality and in form of mutual communication {chau hwui). The Consuls and the local officers, civil and military, in corresponding together shall likewise employ the style and form of mutual communication (c/mRWhen inferior offi¬ cers of the one Government address superior officers of the other they shall do so in the style and form of memorial {shin chin). Private indi¬ viduals in addressing superior officers, shall employ the style of petition {pin ching). In no case shall any terms or style be used or suffered which shall be offensive or disrespectful to either jiarty. And it is agreed that no presents, under any pretext or form whatever, shall ever be demanded of the United States by China, or of China by the United States. 1380. Article VIII. In all future personal intercourse between tlie re])resentative of the United States of America and the governors-general or governors, the APPENDIX NO. III. 541 interviews shall be had at the official residence of the said officers, or at their temporary residence, or at the residence of the representative of the United States of America, whichever may be agreed upon between them; nor shall they make any pretext for declining these interviews. Current matters shall be discussed by correspondence, so as not to give the trouble of a personal meeting. 1381. Article IX. Whenever national vessels of the United States of America, in cruising along the coast and among the ports opened for trade for the protection of the commerce of their country or for the advancement of science, shall arrive at or near any of the ports of China, commanders of said ships and the superior local authorities of Government shall, if it be nec¬ essary, hold intercourse on terms of equality and courtesy, in token of the friendly relations of their respective nations; and the said vessels shall enjoy all suitable facilities on the part of the Chinese Government in procuring provisions or other supplies and making necessary repairs. And the United States of America agree that in case of the shipwreck of any American vessel, and its being pillaged by xiirates, or in case any American vessel shall be pillaged or captured by pirates on the seas adjacent to the coast, without being shipwrecked, the national vessels of the United States shall pursue the said pirates, and if captured deliver them over for trial and punishment. 1382. Article X. The United States of America shall have the right to appoint Consuls and other Commercial Agents for the protection of trade, to reside at such places in the dominions of China as shall be agreed to be opened; who shall hold official intercourse and correspondence with the local officers of the Chinese Government (a Consul or Vice-Consul in charge taking rank with an intendant of circuit or prefect), either personally or in writing, as occasions may require, on terms of equality and recip¬ rocal respect. And the Consuls and local officers shall employ the style of mutual communication. If the officers of either nation are disrespect¬ fully treated or aggrieved in any way by the other authorities, they have the right to make representation of the same to the superior officers of the respective Governments, who shall see that full inquiry and strict justice shall be had in the premises. And the said Consuls and Agents shall carefully avoid all acts of offense to the officers and people of China. On the arrival of a Consul duly accredited at any port in China, 542 APPENDIX NO. III. it shall be the duty of the Minister of the United States to notify the same to the governor-general of the province where such port is, who shall forthwith recognize the said consul and grant him authority to act. 1383. Article XL All citizens of the United States of America in China, peaceably attending to their affairs, being ijlaced on a common footing of amity and good will with subjects of China, shall receive and enjoy for them¬ selves and everything appertaining to them the protection of the local authorities of Government, who shall defend them from ail insult or injury of any sort. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the Consul, shall immediately dispatch a military force to disperse the rioters, apprehend the guilty individuals, and imnish them with the utmost rigor of the law. Subjects of China guilty of any criminal act toward citizens of the United States shall be l)unished by the Chinese authorities according to the laws of China; and citizens of the United States, either on shore or in any merchant-vessel, who may insult, trouble, or wound the persons or injure the property of Chinese, or commit any other improper act in China, shall be punished only by the Consul or other public functionary thereto authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chinese or the United States authorities. ******* 1384. Article XIII. If any vessel of the United States be wrecked or stranded on the coast of China, and be subjected to plunder or other damage, the proper officers of Government, on receiving information of the fact, shall imme¬ diately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all facilities for obtaining supplies of pro¬ visions and water. If the merchant-vessels of the United States, while within the waters over which the Chinese Government exercises juris¬ diction, be plundered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving information thereof, shall arrest the said robbers or pirates, and punish them according to law, and shall cause all the x)roperty which can be recovered to be restored to the owners or idaced in the hands of the Consul. If, by reason of the APPENDIX NO. III. 543 extent of territory and numerous population of China, it shall in any case happen that the robbers cannot be apprehended, and the property only in part recovered, the Chinese Government shall not make indem¬ nity for the goods lost; but if it shall be proved that the local authorities havebeenin collusion with the robbers, the same shall be communicated to the superior authorities for memorializing the Throne, and these officers shall be severely punished, and their property be confiscated to repay the losses. 1385. Article XIY. The citizens of the United States are permitted to frequent the ports and cities of Canton and Chau-chau or Swatau, in the province of Kwang- tung, Amoy, Fuh-chau, and Tai-wan, in Formosa, in the province of Fuh-kien, Ningpo, in the province of Cheh kiang, and Shanghai, in the province of Kiang-su, and any other xiort or jilace hereafter by treaty with other powers or with the United States opened to commerce, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any other of them. But said vessels shall not carry on a clandestine and fraudulent trade at other ports of China not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Chinese Govern¬ ment; and any citizen of the United States who shall trade in any con¬ traband article of merchandise shall be subject to be dealt with by the Chinese Government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the Emiiire. * * * * * * * 1386. Article XVI. Tonnage duties shall be paid on every merchant-vessel belonging to the United States entering either of the ojien ports, at the rate of four mace per ton of forty cubic feet, if she be over one hundred and fifty tons burden, and one mace per ton of forty cubic feet if she be of the burden of one hundred and fifty tons or under, according to the tonnage speci¬ fied in the register; which, with her other iiapers, shall, on her arrival, be lodged with the Consul, who shall report the same to the Commis¬ sioner of Customs. And if any vessel, having paid tonnage duty at one port, shall go to any other jiort to complete the disposal of her cargo, or, being in ballast, to purchase an entire or fill up an incomiilete cargo, the 544 APPENDIX NO. III. Consul shall report the same to the Commissioner of Customs, who shall note on the port clearance that the tonnage duties have been paid, and report the circumstances to the Collectors at the other custom-houses; in which case, the said vessel shall only pay duty on her cargo, and not be charged with tonnage duty a second time. The Collectors of Customs at the open ports shall consult with the Consuls about the erection of beacons or light-houses, and where buoys and light-ships should be placed. 1387. Article XVII. Citizens of the United States shall be allowed to engage pilots to take their vessels into port, and, when the lawful duties have all been paid, take them out of port. It shall be lawful for them to hire at pleasure servants, compradors, linguists, writers, laborers, seamen, and persons for whatever necessary service, with passage or cargo boats, for a reason¬ able compensation, to be agreed upon by the parties or determined by the Consul. 1388. Article XVIII. Whenever merchant-vessels of the United States shall enter a port, the Collector of Customs shall, if he see fit, appoint custom-house officers to guard said vessels, who may live on board the ship or their own boats, at their convenience. The local authorities of the Chinese Government shall cause to be apprehended all mutineers or deserters from on board the vessels of the United States in China on being informed by the Consul, and will deliver them up to the Consuls or other officer for pun¬ ishment. And if criminals, subjects of China, take refuge in the houses or on board the vessels of citizens of the United States, they shall not be harbored or concealed, but shall be delivered up to justice on due requi¬ sition by the Chinese local officers, addressed to those of the United States. The merchants, seamen, and other citizens of the United States shall be under the superintendence of the approi)riate officers of their Government. If individuals of either nation commit acts of violence or disorder, use arms to the injury of others, or create disturbances endan¬ gering life, the officers of the two Governments will exert themselves to enforce order and to maintain the public peace, by doing impartial justice in the premises. 1389. Article XIX. Whenever a merchant-vessel belonging to the United States shall cast anchor in either of the .said ports, the supercargo, master, or con¬ signee, shall, \\fithin forty-eight hours, dei)osit the ship’s papers in the APPENDIX NO. III. 545 hands of the Consul or person charged with his functions, who shall cause to he communicated to the Superintendent of Customs a true report of the name and tonnage of such vessel, the number of her crew, and the nature of her cargo, which being done, he shall give a permit for her discharge. And the master, supercargo, or consignee, if he pro¬ ceed to discharge the cargo without such permit, shall incur a fine of five hundred dollars, and the goods so discharged without permit shall be subject to forfeiture to the Chinese Government. But if a master of any vessel in port desire to discharge a part only of the cargo, it shall be lawful for him to do so, paying duty on such part only, and to pro¬ ceed with the remainder to any other ports. Or, if the master so desire, he may, within forty-eight hours after the arrival of the vessel, but not later, decide to depart without breaking bulk; in which case he shall not be subject to pay tonnage or other duties or charges until, on his arrival at another port, he shall proceed to discharge cargo, when he shall pay the duties on vessel and cargo, according to law. And the tonnage duties shall be held due after the expiration of the said forty- eight hours. In case of the absence of the Consul or person charged with his functions, the captain or supercargo of the vessel may have recourse to the Consul of a friendly power, or, if he please, directly to the Superintendent of Customs, who shall do all that is required to conduct the ship’s business. 1390. Article XX. The Superintendent of Customs, in order to the collection of the proper duties, shall, on application made to him through the Consul, appoint suitable officers, who shall proceed, in the presence of the cap¬ tain, supercargo, or consignee, to make a just and fair examination of all goods in the act of being discharged for importation or laden for exportation on board any merchant-vessel of the United States. And if disiDutes occur in regard to the value of goods subject to ad valorem duty, or in regard to the amount of tare, and the same cannot be satis¬ factorily arranged by the parties, the question may, within twenty-four hours, and not afterward, be referred to the said Consul to adjust with the Superintendent of Customs. 1391. Article XXI. Citizens of the United States who may have imported merchandise into any of the free ports of China, and paid the duty thereon, if they desire to re-export the same in part or in whole to any other of the said ports, 17824 C R -35 546 APPENDIX NO. III. shall be entitled to make application, through their Consul, to the Super¬ intendent of Customs, who, in order to prevent fraud on the revenue, shall cause examination to be made, by suitable officers, to see that the duties paid on such goods as are entered on the custom-house books cor¬ respond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandum in the port clearance of the goods and the amount of duties paid on the same, and deliver the same to the merchant, and shall also certify the facts to the offic rs of customs of the other ports; all which being done on the arrival in port of the vessel in which the goods are laden, and everything being found, on examination there, to correspond, she shall be permitted to break bulk and land the said goods without being sub¬ ject to the payment of any additional duty thereon. But, if, on such examination, the Sujjerintendent of Customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese Government. Foreign grain or rice brought into any port of China in a ship of the United States, and not landed, may be re-exported without hindrance. 1392. Article XXII. The tonnage duty on vessels of the United States shall be paid on their being admitted to entry. Duties of import shall be paid on the dis¬ charge of the goods, and duties of export on the lading of the same. Wlien all such duties shall have been paid, and not before, the collector of customs shall give a port clearance, and the Consul shall return the ship’s papers. The duties shall be paid to the shroffs authorized by the Chinese Government to receive the same. Duties shall be paid and received, either in sycee silver or in foreign money, at the rate of the day. If the Consul permits a ship to leave the port before the duties and tonnage dues are paid, he shall be held responsible therefor. 1393. Article XXIII. Wlien goods onboard any merchant-vessel of the United States in port require to be transshipped to another vessel, application shall be made to the Consul, who shall certify what is the occasion therefor to the Super¬ intendent of Customs, who may appoint officers to examine into the facts and permit the transshipment. And if any goods be transshipped with¬ out written permits they shall be subject to be forfeited to the Chinese Government. APPENDIX NO. III. 547 94. Article XXIY. Where there are debts due by subjects of China to citizens of the United States the latter may seek redress in law; and on suitable repre¬ sentations being made to the local authorities, through the Consul, they will cause due examination in the premises, and take proper steps to compel satisfaction. And if citizens of the United States be indebted to subjects of China, the latter may seek redress by representation through the Consul, or by suit in the Consular Court; but neither Government will hold itself responsible for such debts. * ****** 1395. Article XXVIII. If citizens of the United States have special occasion to address any communication to the Chinese local officers of Government, they shall submit the same to their Consul or other officer, to determine if the lan¬ guage be proper and respectful and the matter just and right, in which event he shall transmit the same to the appropriate authorities for their consideration and action in the premises. If subjects of China have occasion to address the Consul of the United States, they may address him directly at the same time they inform their own officers, represent¬ ing the case for his consideration and action in the premises; and if con¬ troversies arise between citizens of the United States and subjects of China, which cannot be amicably settled otherwise, the same shall be examined and decided conformably to justice and equity bj^ the public officers of the two nations, acting in conjunction. The extortion of ille¬ gal fees is expressly prohibited. Any peaceable persons are allowed to enter the court in order to interpret, lest injustice be done. Supplemental treaty, concluded November 17, 1880. 1396. Article I. The Governments of the United States and China, recognizing the benefits of their past commercial relations, and in order still further to promote such relations between the citizens and subjects of the two' powers, mutually agree to give the most careful and favorable attention to the representations of either as to such special extension of commer¬ cial intercourse as either may desire. 548 APPENDIX NO. III. 1397. Article II. The Governments of China and of the United States mutually agree and undertake that Chinese subjects .shall not be permitted to import opium into any of ihe ports of the United States; and citizens of the United States shall not be permitted to import opium into any of the open ports of China; to transport it from one open port to any other open port; or to buy and sell opium in any of the open ports of China. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the jiart of China and the United States; and the benefits of the favored nation clause in existing treaties shall not be claimed by the citizens or subjects of either power as against the provisions of this article. 1398. Article III. His Imperial Majesty the Emperor of China hereby promises and agreas that no other kind or higher rate of tonnage dues, or duties for imports or exports, or coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly belonging to citizens of the United States; or upon the jiToduce, manufactures, or merchandise imported in the same from the United States; or from any foreign country; or upon the produce, manufactures, or merchandise exported in the same to the United States or to any foreign country; or transported in the same from one open port of China to another, than are imposed or levied on vessels or cargoes of any other nation or on those of Chinese subjects. The United States hereby promise and agree that no other kind or higher rate of tonnage dues or duties for imports shall be imposed or levied in the ports of the United States upon vessels wholly belonging to the subjects of His Imperial Majesty and coming either directly or by way of any foreign port, from any of the ports of China which are open to foreign trade, to the ports of the United States; or returning therefrom either directly or by way of any foreign i)ort, to any of the open ports of China; or upon the produce, manufactures, or merchandise imported in the same from China or from any foreign country, than are imposed or levied on vessels of other nations which make no discrimination against the United States in tonnage dues or duties on imports, exports, or coastwise trade; or than are imposed or levied on vessels and cargoes of citizens of the United States. APPENDIX NO. III. 549 1399. Article IV. When controversies arise in the Chinese Empire between citizens of the United States and subjects of his Imperial Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the Grovernments of the United States and China that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff’s nationality shall be freely permitted to attend the trial and shall be treated with the courtesy due to his position. He shall be granted all proper facili¬ ties for watching the proceedings in the interests of justice. If he so desires, he shall have the right to present, to examine, and to cross- examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case. Immigration treaty, concluded November 17, 1880. 1400. Article I. Whenever, in the opinion of the Government of the United States, the coming of Chinese laborers to the United States, or their residence therein, affects or threatens to affect the interests of that country, or to endanger the good order of the said country or of any locality within the territory thereof, the Government of China agrees that the Govern¬ ment of the United States may regulate, limit, or suspend such coming or residence, but may not absolutely prohibit it. The limitation or sus¬ pension shall be reasonable and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation, limita¬ tion, or suspension of immigration, and immigrants shall not be subject to personal maltreatment or abuse. 1401. Article II. Chinese subjects, whether proceeding to the United States as teachers, students, merchants, or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, 550 APPENDIX NO. III. and shall be accorded all the rights, privileges, immunities, and exemp¬ tions which are accorded to the citizens and subjects of the most favored nation. 1402. Article III. If Chinese laborers, or Chinese of any other class, now either perma¬ nently or temporarily residing in the territory of the United States, meet with ill treatment at the hands of any other persons, the Govern¬ ment of the United States will exert all its power to devise measures for their protection and to secure to them the same rights, privileges, immu¬ nities, and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty. Convention, concluded March 17, 1894- {Emigration between the two countries). 1403. Article I. The High Contracting Parties agree that for a period of ten years, beginning with the date of the exchange of the ratifications of this Con¬ vention, the coming, except under the conditions hereinafter specified, of Chinese laborers to the United States shall be absolutely prohibited. 1404. Article II. The preceding Article shall not apply to the return to the United States of any registered Chinese laborer who has a lawful wife, child, or parent in the United States, or property therein of the value of one thousand dollars, or debts of like amount due him and pending settlement. Never¬ theless every such Chinese laborer shall, before leaving the United States, deposit, as a condition of his return, with the collector of customs of the district from which he departs, a full description in widting of his fam¬ ily, or property, or debts, as aforesaid, and shall be furnished by said collector with such certificate of his right to return under this Treaty as the laws of the United States may now or hereafter prescribe and not inconsistent with the i)rovisions of this Treaty; and should the written description aforesaid be proved to be false, the right of return there¬ under, or of continued residence after return, shall in each case be for¬ feited. And such right of return to the United States shall be exercised within one year from the date of leaving the United States; but such right of return to the United States may be extended for an additional period, not to exceed one year, in cases where by reason of sickness or APPENDIX NO. III. 551 other cause of disability beyond his control, such Chinese laborer shall be rendered unable sooner to return—which facts shall be fully reported to the Chinese Consul at the port of departure, and by him certified, to the satisfaction of the collector of the port at which such Chinese sub¬ ject shall land in the United States. And no such Chinese laborer shall be permitted to enter the United States by land or sea without produc¬ ing to the proper officer of the customs the return certificate herein required. 1405. Article III. The provisions of this Convention shall not affect the right at present enjoyed of Chinese subjects, being officials, teachers, students, mer¬ chants or travellers for curiosity or pleasure, but not laborers, of com¬ ing to the United States and residing therein. To entitle such Chinese subjects as are above described to admission into the United States, they may produce a certificate from their Government or the Govern¬ ment where they last resided vised by the diplomatic or consular repre¬ sentative of the United States in the country or port whence they depart. It is also agreed that Chinese laborers shall continue to enjoy the privilege of transit across the territory of the United States in the course of their journey to or from other countries, subject to such regulations by the Government of the United States as may be necessary to prevent said privilege of transit from being abused. 1406. Article IV. In pursuance of Article III of the Immigration Treaty between the United States and China, signed at Peking on the 17th day of November, 1880, (the 15th day of the tenth month of Kwanghsu, sixth year) it is hereby understood and agreed that Chinese laborers or Chinese of any other class, either permanently or temporarily residing in the United States, shall have for the protection of their persons and property all rights that are given by the laws of the United States to citizens of the most favored nation, excepting the right to become naturalized citizens. And the Government of the United States reaffirms its obligation, as stated in said Article III, to exert all its power to secure protection to the persons and property of all Chinese subjects in the United States. 1407. Article V. The Government of the United States, having by an Act of the Con¬ gress, approved May 5,1892, as amended by an Act approved November APPENDIX NO. III. 3, 1893, required all Chinese laborers lawfully within the limits of the United States before the passage of the first named Act to be registered as in said Acts provided, with a view of affording them better protec¬ tion, the Chinese Government will not object to the enforcement of such acts, and reciprocally the Government of the United States recognizes the right of the Government of China to enact and enforce similar laws or regulations for the registration, free of charge, of all laborers, skilled or unskilled, (not merchants as defined by said Acts of Congress), citi¬ zens of the United States in China, whether residing within or without the treaty ports. And the Government of the United States agrees that within twelve months from the date of the exchange of the ratifications of this Con¬ vention, and annually, thereafter, it will furnish to the Government of China registers or reports showing the full name, age, occupation and number or place of residence of all other citizens of the United States, including missionaries, residing both within and without the treaty ports of China, not including, however, diplomatic and other officers of the United States residing or travelling in China upon official business, together with their body and household servants. ******* COUOM15IA. Treaty concluded May 4 , 1850, icith New Granada (Consular Privileges). 1408. Article I. Each of the two contracting republics may maintain in the principal cities or commercial places of the other, and in the ports open to foreign commerce. Consuls of its own, charged with the protection of the com¬ mercial rights and interests of their nation, and to sustain their coun¬ trymen in the difficulties to which they may be exposed. They may likewise appoint Consuls-General, as chiefs over the other Consuls, or to attend to the affairs of several commercial places at the same time, and Vice-Consuls for ports of minor importance, or to act under the direction of the Consuls. Each republic may, however, except those cities, places, or ports in which it may consider the residence of such functionaries inconvenient, such exception being common to all nations. All that is said in this convention of Consuls in general shall be considered as relat¬ ing not only to Consuls, properly so called, but to Consuls-General and Vice-Consuls, in all the cases to which this convention refers. APPENDIX NO. III. 553 1409. Article II. The Consuls appointed by one of the contracting parties to reside in the ports or places of the other shall present to the Government of the republic in which they are to reside their letters patent or commission, in order that they may receive the proper exequatur, if it be deemed expedient to give it, which shall be granted without any charge; and this exequatur, when obtained, is to be exhibited to the chief authori¬ ties of the place in which the Consul is to exercise his functions, in order that they may cause him to be recognized in his character, and that he may be sustained in his proper prerogative, in his respective Consular District. The Government receiving the Consul may withdraw the exe¬ quatur or his Consular commission whenever it may judge proper to do so, but in such case shall state a reasonable ground for the proceeding. 1410. Article III. The Consuls admitted in either republic may exercise in their respec¬ tive districts the following functions: 1. They may apply directly to the authorities of the district in which they reside, and they may, in case of necessity, have recourse to the national Government through the Diplomatic Agent of their nation, if there be any, or directly, if there be no such Agent, in complaint against any infraction of the treaties of commerce committed by the authorities or persons employed by them in the country, to the injury of the com¬ merce of the nation in whose service the Consul is engaged. 2. They may apply to the authorities of the Consular District, and in case of necessity they may have recourse to the national Govern¬ ment through the Diplomatic Agent of their nation, if there be any, or directly, if there be no such Agent, against any abuse on the part of the authorities of the country, or the persons employed by them, against individuals of their nation in whose service the Consul is engaged; and they may, when necessary, take such measures as may be proper to pre¬ vent justice from being denied to them or delay, and to prevent them from being judged or punished by any other than competent judges, and agreeably to the laws in force. 3. They may, as the natural defenders of their fellow-countrymen, appear in their name and behalf, whenever so requested by them, before the respective authorities of the place, in all cases in which their sup¬ port may be necessary. 4. They may accompany the captains, mates, or masters of the vessels 554 APPENDIX NO. III. of their nation in all that they may have to do with regard to the mani¬ fests of their merchandise and other documents, and be present in all cases in which the authorities, courts, or judges of the country may have to take any declarations from the persons above mentioned, or any other belonging to their respective crews. 5. They may receive depositions, protests, and statements from cap¬ tains, mates, and masters of vessels of their nation, respecting losse -and injuries sustained at sea, and protests of any individuals of their nation respecting mercantile affairs. These documents, drawn up in authentic copies, certified by the Consul, shall be admitted in the courts and offices of justice, and shall have the same validity as if they had been authen¬ ticated before the same judges or courts. 6. They may determine on all matters relating to injuries sustained at sea by effects and merchandise shipped in vessels of the nation in whose service the Consul is employed arriving at the place of his residence, provided that there be no stipulations to the contrary between the ship¬ pers, owners, and insurers. But if, among the persons interested in such losses and injuries, there should be inhabitants of the country where the Consul resides, and not belonging to the nation in whose service he is, the cognizance of such losses and injuries appertains to the local authorities. 7. They may compromise amicably, and out of court, the differences arising between their fellow-countrymen, providing that those persons agree voluntarily to submit to such arbitration; in which case the doc¬ ument containing the decision of the Consul, authenticated by himself and by his chancellor or secretary, shall have all the force of a nota¬ rial copy authenticated, so as to render it obligatory on the interested parties. 8. They may cause proper order to be maintained on board of vessels of their nation, and may decide on the disputes arising between the cap¬ tains, the officers, and the members of the crew, unless the disorders taking place on board should disturb the public tranquillity, or persons not belonging to the crew or to the nation in whose service the Consul is employed; in which case the local authorities may interfere. 9. They may direct all the operations for saving vessels of their nation which may be wrecked on the coasts of the district where the Consul resides. In such cases the local authorities shall interfere only in order to maintain tramiuillity, to give security to the interests of the parties concerned, and to cause the dispositions which should be observed for APPENDIX NO. III. 555 the entry and export of the property to be fulfilled. In the absence of the Consul, and until his arrival, the said authorities shall take all the measures necessary for the preservation of the effects of the wrecked vessel. 10. They may take possession, make inventories, appoint appraisers to estimate the value of articles, and proceed to the sales of the movable property of individuals of their nation who may die in the country where the Consul resides without leaving executors appointed by their will or heirs at law. In all such proceedings the Consul shall act in conjunction with two merchants chosen by himself, for drawing up the said papers for delivering the property or the produce of its sale, observing the laws of his country and the orders which he may receive from his own Government; but Consuls shall not discharge these functions in those states whose peculiar legislation may not allow it. Whensoever there is no Consul in the place where the death occurs, the local authorities shall take all the precautions in their power to secure the property of the deceased. 11. They may demand from the local authorities the arrest of seamen deserting from the vessel of the nation in whose service the Consul is employed, exhibiting, if necessary, the register of the vessel, her muster- roll, and any other official document, in support of this demand. The said authorities shall take such measures as may be in their power for the discovery and arrest of such deserters, and shall place them at the disposition of the Consul; but if the vessel to which they belong shall have sailed, and no opportunity for sending them away should occur, they shall be kept in arrest at the expense of the Consul, for two months; and if, at the expiration of that time, they should not have been sent away, they shall be set at liberty by the respective authorities, and cannot again be arrested for the same cause. 12. They may give such documents as may be necessary for the inter¬ course between the two countries, and countersign those which may have been given by the authorities. They may also give bills of health, if necessary, to vessels sailing from the port where the Consul resides to the port of the nation to which he belongs; they may also certify invoices, muster-rolls, and other papers necessary for the commerce and naviga¬ tion of vessels. 13. They may appoint a Chancellor or Secretary whensoever the Con¬ sulate has none and one is required for authenticating documents. 14. They may appoint Commercial Agents to employ all the means in 556 APPENDIX NO. III. their power, in behalf of individuals of the nation in whose service the Consul is, and for executing the commissions which the Consul may think proper to intrust to them, out of the place of his residence; pro¬ vided, however, that such agents are not to enjoy the prerogatives conceded to Consuls, but only those which are peculiar to Commercial Agents. 1411. Article IV. The Consuls of one of the contracting republics residing in another country may employ their good offices in favor of individuals of the other republic which has no Consul in that country. 1412. Article V. The contracting republics recognize no diplomatic character in Con¬ suls, for which reason they will not enjoy in either country the immunities granted to public agents accredited in that character; but, in order that the said Consuls may exercise their proper functions without difficulty or delay, they shall enjoy the following prerogatives: 1. The archives and papers of the Consulate shall be inviolable, and cannot be seized by any functionary of the country in which they may be. 2. Consuls, in all that exclusively concerns the exercise of their func¬ tions, shall be independent of the state in whose territory they reside. 3. The Consuls and their Chancellors or Secretaries shall be exempt from all public service and from contributions, personal and extraordi¬ nary, imposed in the country where they reside. This exemption does not comprehend the Consuls or their Chancellors or Secretaries who may be natives of the country in which they reside. 4. Whenever the presence of Consuls may be required in courts or offices of justice, they shall be summoned in writing. 5. In order that the dwellings of Consuls may be easily and generally known, for the convenience of those who may have to resort to them, they shall be allowed to hoist on them the flag, and to place over their doors the coat of arms of the nation in whose service the Consul may be, with an inscription expressing the functions discharged by him; but those insignia shall not be considered as importing a right of asylum, nor as placing the house or its inhabitants beyond the authority of magistrates who may think proper to search them, and who shall have that right in reg ird to them in the same manner as with regard to the houses of the other inhabitants in the cases prescribed by the laws. APPENDIX NO. III. 557 1413. Article VI. The persons and dw Rings of Consuls shall be subject to the laws and authorities of the country in all cases in which they have not received a special exemption by this Convention, and in the same manner as the other inhabitants. 1414. Article VII. Consuls shall not give passports to any individual of their nation, or going to their nation, who may be held to answer before any authority, court, or judge of the country for delinquencies committed by them, or for a demand which may have been legally acknowledged; provided that in each case proper notice thereof shall have been given to the Consul; and they shall see that the vessels of their nation do not infringe the rules of neutrality when the nation in which the Consul resides is at war with another nation. ******* COREA, OR CIIOSEI^. (See Korea.) COSTA RICA. Treaty concluded July 10,1851 [Friendship, Commerce, and Navigation). 1415. Article VIII. ******* If any citizen of either of the two high contracting jiarties shall die without will or testament in any of the territories of the other, the Con¬ sul-General or Consul of the nation to which the deceased belonged, or the representative of such Consul-General or Consul in his absence, shall have the right to nominate curators 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 of the deceased, giving proper notice of such nomination to the authorities of the country. 558 APPENDIX NO. III. 1416. Article IX. The citizens of the United States residing in the Republic of Costa Rica, and the citizens of the Republic of Costa Rica residing in the United States, shall be exempt from all compulsory military service whatsoever, either by sea or by land, and from all forced loans or military exactions or requisitions; and they shall not be compelled, under any pretext what¬ ever, to pay other ordinary charges, requisitions, or taxes greater than those that are paid by native citizens of the contracting parties respect¬ ively. 1417. Article X. It shall be free for each of the two high contracting parties to appoint Consuls for the protection of trade, to reside in any of the territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the high contracting parties may except from the residence of Consuls such particular places as they judge fit to be excepted. The Costa Rican Diplomatic Agents and Consuls shall enjoy in the territories of the United States whatever privileges, exemptions, and immunities are or shall be granted to agents of the same rank belonging to the most favored nation; and, in like manner, the Diplo¬ matic Agents and Consuls of the United States in the Costa Rican ter¬ ritories shall enjoy, according to the strictest reciprocity, whatev^er privileges, exemptions, and immunities are or may be granted in the Republic of Costa Rica to the Diplomatic Agents and Consuls of the most favored nation. ******* DENMARK. Treatyconcluded April£G, 1826 (^Friendship, Commerce, and Navigation). ******* 1418. Article VIII. To make more effectual the protection which the United States and His Danish Majesty shall afford in future to the navigation and com¬ merce of their respective citizens and subjects, they agree mutually to APPENDIX NO. III.- 559 receive and admit Consuls and Vice-Consuls in all the ports open to for¬ eign commerce, who shall enjoy in them all the rights, privileges, and immunities of the Consuls and Vice-Consuls of the most favored nation, each contracting party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls may not seem convenient. 1419. Article IX. In order that the Consuls and Vice-Consuls of the contracting parties may enjoy the rights, privileges, and immunities which belong to them, by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited; and, having obtained their exequatur, which shall be granted gratis, they shall be held and con¬ sidered as such by all the authorities, magistrates, and inhabitants in the Consular district in which they reside. 1420. Article X. It is likewise agreed that the Consuls and persons attached to their necessary service, they not being natives of the country in which the Consul resides, shall be exempt from all iiublic service, and also from all kind of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which inhabitants, native and foreign, of the country in which such Consuls reside, are subject, being in everything besides subject to the laws of the respective states. The archives and papers of the Consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize or in any way interfere with them. ****** Additional articles concluded Jidy 11, 1861, 1421. Article I. The respective Consuls-General, Consuls, Vice-Consuls, and Commer¬ cial Agents shall have the right as such to sit as judges and arbitrators in such differences as may arise, either at sea or in port, between the captain, officers, and crew of the vessels belonging to the nation whose 5G0 APPENDIX NO. III. interests are committed to their charge, particularly in reference to the adjustment of wages and the execution of contracts without the inter¬ ference of the local authorities, unless the conduct of the crew and the officers, or of the captains, should disturb the order or tranquillity of the country. It is, however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort on their return to the judicial authority of their country. 1422. Article II. The Consuls-General, Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, or, if the vessel shall have departed, by copy of said documents duly certified by them, that such individuals form part of the crew; and, on this reclama¬ tion being thus substantiated, the surrender shall not be refused, unless there be sufficient proof of the said persons being citizens or subjects of the country where their surrender is demanded. Such deserters, when arrested, shall be placed at the disposal of said Consuls-General, Consuls, Vice-Consuls, or Commercial Agents, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. But if not sent back within three months from the day of their arrest they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserter should be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which his case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. The present additional articles shall have the same force and value as if they were inserted, word for word, in the Convention signed at Wash¬ ington, on the twenty-sixth day of April, one thousand eight hundred and twenty-six. APPENDIX NO. III. 561 DOMI^^ICA]S^ REPUBMC. Treaty concluded February 8, 1867 {Amity, Commerce, Navigation, a7id Extraditio7i ). ******* 1423. Article XXVI. The high contracting parties grant to each other the liberty of having in the ports of the other, Consuls or Vice-Consuls of their own appoint¬ ment, who shall enjoy the same privileges and powers as those of the most favored nation; but if any of the said Consuls or Vice-Consuls shall carry on trade, they shall be subjected to the same laws and usages to which private individuals of their nation are subjected in the same place. It is understood that whenever either of the two contracting parties shall select a citizen of the other for a Consular Agent, to reside in any ports or commercial places of the latter, such Consul or Agent shall continue to be regarded, notwithstanding his quality of a foreign Con¬ sul, as a citizen of the nation to which he belongs, and consequently shall be subject to the laws and regulations to which natives are sub¬ jected in the place of his residence. This obligation, however, shall in no respect embarrass the exercise of his Consular functions or affect the inviolability of the Consular archives. The said Consuls and Vice-Consuls shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessel belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless their assistance should be required, or the conduct of the crews or of the captain should disturb the order or tranquillity of the country. It is, however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, upon their return, to the judicial authority of their own country. The said Consuls and Vice-Consuls are authorized to require the assist¬ ance of the local authorities for the arrest and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand such deserters, proving by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed 17824 C R- 36 562 APPENDIX NO. III. part of the crews; and on this claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the Consuls or Vice-Consuls, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months of the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. However, if the deserter shall be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which his case shall be pending shall have pronounced its sentence, and such sentence shall have been carried into effect. 1424. Article XXVII. The United States of America and the Dominican Republic, on requi¬ sitions made in their name through the medium of their respective Diplomatic and Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so established as to justify their apprehension and com¬ mitment for trial if the crime had been committed in the country where the persons so accused shall be found; in all of which the tribunals of said country shall proceed and decide according to their own laws. ***** * * ECl ADOll. Treaty concluded June 13, 1839 {Peace, Friendship, Navigation, and Commerce). 1425. Article XXIX. To make more effectual the protection which the United States and the Republic of Ecuador shall afford in future to the navigation and com¬ merce of the citizens of each other, they agree to receive and admit Consuls and Vice-Consuls in all the ports open to foreign commerce, who shall enjoy in them all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation; each contract¬ ing party, however, remaining at liberty to except those ports and places in which the admission and residence of such Consuls and Vice-Consuls may not seem convenient. APPENDIX NO. III. 563 1426. Article XXX. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, before entering on the exercise of their functions, exhibit their commission or patent in due form to the Government to which they are accredited, and, hav¬ ing obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants in the Consular dis¬ trict in which they reside. 427. Article XXXI. It is likewise agreed that the Consuls, their secretaries, officers, and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exempted from all kinds of taxes, imposts, and contributions, except those which they shall be obliged to pay on account of commerce or their property, to which the citizens and inhabitants, native and foreign, of the country in which they reside, are subject; being, in everything besides, subject to the laws of the respective states. The archives and papers of the Consulates shall be respected inviolably, and under no pretext what¬ ever shall any magistrate seize or in any way interfere with them. 1428. Article XXXII. The said Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the public and private vessels of their country, and for that purpose they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, liroving by an exhibition of the register of the vessel’s or ship's roll, or other public documents, that those men were part of the said crews, and on this demand so proved (saving, however, where the contrary is proved), the delivery shall not be refused. Such deserters, when ar¬ rested, shall be put at the disposal of said Consuls, and may be put in the public prisons at the request and expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. 5G4 APPENDIX NO. III. 1429. Article XXXIII. For the purpose of more effectually protecting their commerce and navi¬ gation, the two contracting parties do hereby agree, as soon hereafter as circumstances will permit them, to form a Consular Convention, which shall declare, especially, the powers and immunities of the Consuls and Vice-Consuls of the respective parties. # 1430. Article XXXIV. It is further agreed that the words “ most favored nation f that occur in this treaty, shall not be so construed as to prevent either of the con¬ tracting parties from concluding any treaty or convention with any other nation or state it may think proper, as freely and as fully as though said words were not used: Provided, however, That notwithstanding any such treaty or convention the citizens of the United States shall he placed in Ecuador, with respect to navigation and commerce, upon an equal foot¬ ing with the subjects of Spain, and with the citizens of Mexico, and of the other Hispano-American States, with which treaties have been, or may be, concluded; and that the citizens of Ecuador shall be entitled to enjoy, in the United States, the same rights and privileges, with respect tona\dgation and commerce, that the citizens of the United States enjoy, or shall enjoy, in Ecuador. * * * * * * * EGVPT. The agreement with Egjqit concluded November 16,1884, maybe found in United States Treaties and Conventions (1887), title Egypt.” FIIAXCE. Convention conclmled February 23, 1S53 (Consular privileges). 1431. Article I. The Consuls-General, Consuls, and Vice-Consuls, or Consular Agents of the United States and France, shall be reciprocally received and recog¬ nized on the presentation of their commissions, in the form established APPENDIX NO. III. 565 ill their respective countries. The necessary exequatur for the exercise of their functions shall he furnished to them without charge; and on the exhibition of this exequatur, they shall he admitted at once and with¬ out difficulty, by the territorial authorities, Federal or State, judicial or executive, of the ports, cities, and places of their residence and district, to the enjoyment of the prerogatives reciprocally granted. The Gov¬ ernment that furnishes the exequatur reserves the right to withdraw it on a statement of the reason for which it has thought proper to do so. 1432. Article II. The Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the United States and France shall enjoy in the two countries the priv¬ ileges usually accorded to their offices, such a personal immunity, except in the case of crime, exemption from military billetings, from service in the militia or the national guard, and other duties of the same nature; and from all direct and personal taxation, whether Federal, State, or municipal. If, however, the said Consuls-General, Consuls, Vice-Con¬ suls, or Consular Agents are citizens of the country in which they reside; if they are, or become, owners of jiroperty there, or engage in commerce, they shall be subject to the same taxes and imposts, and, with the reser¬ vation of the treatment granted to Commercial Agents, to the same jurisdiction as other citizens of the country who are owners of property or merchants. They may place on the outer door of their offices, or of their dwelling- houses, the arms of their nation, with an inscription in these words: “Consul of the United States,” or “Consul of France”; and they shall be allowed to hoist the flag of their country thereon. They shall never be compelled to appear as witnesses before the courts. When any declaration for judicial purposes, or deposition, is to be received from them in the administration of justice, they shall be invited, in writing, to appear in court, and if unable to do so, their testi¬ mony shall be requested in writing, or be taken orally at their dwellings. Consular Pupils shall enjoy the same personal privileges and immu¬ nities as Consuls-General, Consuls, Vice-Consuls, or Consular Agents. In case of death, indisposition, or absence of the latter, the Chancel¬ lors, Secretaries, and Consular Pupils attached to their offices shall be entitled to discharge acZ interim the duties of their respective posts; and shall enjoy, while thus acting, the prerogatives granted to the incum¬ bents. 56G APPENDIX NO. III. 1433. Article III. The Consular offices and dwellings shall be inviolable. The local authorities shall not invade them under any pretext. In no case shall they examine or seize the papers there deposited. In no case shall those offices or dwellings be used as idaces of asylum. 1434. Article IV. The Consuls-General, Consuls, Vice-Consuls, or Consular Agents, of both countries, shall have the right to complain to the authorities of their respective Governments, whether federal or local, judicial or exec¬ utive, throughout the extent of their Consular district, of any infraction of the treaties or conventions existing between the United States and France, or for the purpose of protecting informally the rights and inter¬ ests of their countrymen, especially in cases of absence. Should there be no Diplomatic Agent of their nation, they shall be authorized, in case of need, to have recourse to the general or federal Government of the country in which they exercise their functions. 1435. Article V. The respective Consuls-General and Consuls shall be free to establish, in such parts of their districts as they may see fit, Vice-Consuls or Con¬ sular Agents, who may be taken indiscriminately from among Ameri¬ cans of the United States, Frenchmen, or citizens of other countries. These Agents, whose nomination, it is understood, shall be submitted to the approval of the respective Governments, shall be provided with a certificate given to them by the Consul by whom they are named, and under whose orders they are to act. 1436. Article VI. The Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall have the right of taking at their offices or bureaus, at the domicile of the parties concerned, or on board ship, the declarations of captain, crews, passengers, merchants, or citizens of their country, and of exe¬ cuting there all requisite papers. The respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall have the right also to receive at their offices or bureaus, conformably to the laws and regulations of their country, all acts of agreement executed between the citizens of their own country and the APPENDIX NO. III. 567 citizens and inhabitants of the country in which they reside, and even all such acts between the latter, provided that these acts relate to prop¬ erty situated, or to business to be transacted, in the territory of the nation to which the Consul or the Agent before whom they are executed may belong. Copies of such papers, duly authenticated by the Consuls-General, Consuls, Vice-Consuls, or Consular Agents, and sealed with the official seal of their Consulate, or Consular Agency, shall be admitted in courts of justice throughout the United States and France in like manner as the originals. 1437. Article VII. In all the States of the Union whose existing laws permit it, so long and to the same extent as the said laws shall remain in force, Frenchmen shall enjoy the right of possessing personal and real property by the same title and in the same manner as the citizens of the United States. They shall be free to dispose of it as they may please, either gratuitously, or for value received, by donation, testament, or otherwise, just as those citizens themselves; and in no case shall they be subjected to taxes on transfer, inheritance, or any others different from those paid by the latter, or to taxes which shall not be equally imposed. As to the States of the Union by whose existing laws aliens are not per¬ mitted to hold real estate, the President engages to recommend to them the passage of such laws as may be necessary for the purpose of confer¬ ring this right. In like manner, but with the reservation of the ulterior right of estab¬ lishing reciprocity in regard to possession and inheritance, the Govern¬ ment of France accords to the citizens of the United States the same rights within its territory, in respect to real and personal property and to inheritance, as are enjoyed there by its own citizens. 1438. Article VIII. The respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall have exclusive charge of the internal order of the merchant- vessels of their nation, and shall alone take cognizance of differences which may arise, either at sea or in port, between the captain, officers, and crew, without exception, particularly in reference to the adjustment of wages and the execution of contracts. The local authorities shall not, on any pretext, interfere in these differences, but shall lend forcible aid to 508 APPENDIX NO. III. the Consuls when they may ask it to arrest and imprison all persons com¬ posing the crew whom they may deem it necessary to confine. Those persons shall he arrested at the sole recjiiest of the Consuls, addressed in writing to the local authority, and supported by an official extract from the register of the shij) or the list of the crew, and shall be held, during the whole time of their stay in the port, at the disposal of the Consuls. Their release shall be granted at the mere request of the Consuls made in writing. The expenses of the arrest and detention of those persons shall be paid by the Consuls. 1439. Article IX. The respective Consuls-G-eneral, Consuls, Vice-Consuls, or Consular Agents may arrest the officers, sailors, and all other persons making part of the crews of ships-of-war or merchant-vessels of their nation who may be guilty or be accused of having deserted said ships and vessels, for the purpose of sending them on board, or back to their country. To that end, the Consuls of France in the United States shall apply to the mag¬ istrates designated in the act of Congress of May 4,1826—that is to say, indiscriminately to any of the Federal, State, or municipal authorities; and the Consuls of the United States in France shall apply to any of the competent authorities, and make a request in writing for the deserters, supporting it by an exhibition of the registers of the vessel and list of the crew, or by other official documents, to show that the men whom they claim belonged to said crew. Upon such recjuest alone, thus sup¬ ported and without the exaction of any oath from the Consuls, the desert¬ ers, not being citizens of the country where the demand is made, either at the time of their shipping or of their arrival in the port, shall be given up to them. All aid and protection shall be furnished them for the pur¬ suit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of the country at the request and at the expense of the Consuls until these Agents may find an opportunity of sending them away. If, however, such opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserter shall be set at liberty, and shall not again be arrested for the same cause. 1440. Article X. The respective Consuls-General, Consuls, Vice Consuls, or Consular Agents shall receive the declarations, protests, and reports of all cap¬ tains of vessels of their nation in reference to injuries experienced at APPENDIX NO. III. 5G9 sea; they shall examine and take note of the stowage; and when there are no stipulations to the contrary between the owners, freighters, or insurers, they shall be charged with the repairs. If any inhabitants of the country in which the Consuls reside, or citizens of a third nation, are interested in the matter, and the parties cannot agree, the competent local authority shall decide. 1441. Article XI. All proceedings relative to the salvage of American vessels wrecked upon the coasts of France, and of French vessels wrecked upon the coasts of the United States, shall be respectively directed by the Consuls- General, Consuls, and Vice-Consuls of the United States in France, and by the Consuls-General, Consuls, and Vice-Consuls of France in the United States, and until their arrival by the respective Consular Agents wherever an agency Exists. In the places and jiorts where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall be imme¬ diately informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of property. The local authorities shall not otherwise interfere than for the main¬ tenance of order, the protection of the interests of the salvors if they do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise shall not be subjected to any custom-house duty if it is to be re-exported; and if it be entered for con¬ sumption a diminution of such duty shall be allowed in conformity with the regulations of the respective countries. 1442. Article XII. The respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents, as well as their Consular Pupils, Chancellors, and Secretaries, shall enjoy in the two countries all the other privileges, exemptions, and immunities which may at any future time be granted to the agents of the same rank of the most favored nation. GERMANY. [See also Hanseatic Republics.] 570 APPENDIX NO. III. GEIIMAX EMPIRE. Consular Convention concluded December 11, 1871 {Consuls and trade¬ marks). 1443. Article I. Each of the contracting parties agrees to receive from the other Con- snls-General, Consuls, Vice-Consuls, and Consular Agents, in all its ports, cities, and places, except those where it may not be convenient to recognize such officers. This reservation, however, shall not apply to one of the contracting parties without also applying to every other power. 1444. Article II. The Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall be reciprocally received and recognized, on the presentation of their commissions, in the forms established in their respective countries. The necessary exequatur for the exercise of their functions shall be furnished to them free of charge, and, on the exhibition of this instrument, they shall be admitted at once, and without difficulty, by the territorial authorities, Federal, State, or communal, judicial or executive, of the port, cities, and places of their residence and district, to the enjoyment of the prerogatives reciprocally granted. The Government that fur¬ nishes the exequatur reserves the right to withdraw the same on a state¬ ment of the reasons for which it has thought proper to do so. 1445. Article III. The respective Consuls-General, Consuls, Vice-Consuls, or Consular Agents, as well as their Chancellors and Secretaries, shall enjoy in the two countries all privileges, exemptions, and immunities which have been granted, or may in future be granted, to the agents of the same rank of the most favored nation. Consular Officers, not being citizens of the country where they are accredited, shall enjoy, in the country of their residence, personal immunity from arrest or imprisonment except in the case of crimes, exemption from military billetings and contribu¬ tions, from militarj^ service of every sort, and other public duties, and from all direct or personal or sumptuary taxes, duties, and contribu¬ tions, whether Federal, State, or municipal. If, however, the said Con¬ sular Officers are or become owniers of property in the country in which they reside, or engage in commerce, they shall be subject to the same APPENDIX NO. III. 571 taxes and imposts, and to the same jurisdiction as citizens of the coun¬ try, property-holders, or merchants. But under no circumstances shall their official income be subject to any tax. Consular Officers who engage in commerce shall not plead their Consular privileges to avoid their commercial liabilities. Consular Officers of either character shall not in any event be interfered with in the exercise of their official func¬ tions, further than is indispensable for the administration of the laws of the country. 1446. Article IV. Consuls-General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their offices, oi' of their dwellings, the arms of their nation, with the proper inscription indicative of the office. And they may also hoist the flag of their country on their Consular edifice, except in places where a Legation of their country is established. They may also hoist their flag on board any vessel employed by them in port for the discharge of their duty. 1447. Article V. The Consular archives shall be at all times inviolable, and under no pretense whatever shall the local authorities be allowed to examine or seize the papers forming part of them. When, however, a Consular Officer is engaged in other business, the papers relating to the Consulate shall be kept in a separate inclosure. The offices and dwellings of Consoles missi who are not citizens of the country of their residence shall be at all times inviolable. The local authorities shall not, except in the case of the pursuit for crimes, under any pretext invade them. In no case shall they examine or seize the papers there deposited. In no event shall those offices or dwellings be used as places of asylum. 1448. Article VI. In the event of the death, prevention, or absence of Consuls-General, Consuls, Vice-Consuls, and Consular Agents, their Chancellors or Secre¬ taries, whose official character may have iireviously been made known to the respective authorities in Germany or in the United States, may tem¬ porarily exercise their functions, and, while thus acting, they shall enjoy all the rights, prerogatives, and immunities granted by this con¬ vention to the incumbents. 572 APPENDIX NO. III. 1449. Article VII. Consnls-General and Consuls may, with the approbation of their respective Governments, appoint Vice-Consuls and Consular Agents in the cities, ports, and places within their Consular jurisdiction. These officers may be citizens of Germany, of the United States, or any other country. They shall be furnished with a commission by the Consul who appoints them and under whose orders they are to act, or by the Government of the country which he represents. They shall enjoy the privileges stipulated for Consular Officers in this convention, subject to the exceptions specified in Article III. 1450. Article VIII. Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall have the right to apply to the authorities of the respective countries, whether federal or local, judicial or executive, within the extent of their Consular District, for the redress of any infraction of the treaties and conventions existing between the two countries, or of international law; to ask information of said authorities, and to address said author¬ ities to the end of protecting tlie rights and interests of their country¬ men, especially in cases of the absence of the latter; in which cases such Consuls, etc., shall be presumed to be their legal representatives. If due notice should not be taken of such application, the Consular Offi¬ cers aforesaid, in he absence of a Diplomatic Agent of their country, may apply directly to the Government of the country where they reside. 1451. Article IX. Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the two countries, or their Chancellors, shall have the right, conformably to the laws and regulations of their country— 1. To take at their office or dwelling, at the residence of the parties, or on board of vessels of their own nation, the depositions of the captains and crews, of passengers on board of them, of merchants, or of any other citizens of their own country. 2. To receive and verify unilateral acts, wills, and bequests of their countrymen, and any and all acts of agreement entered upon between citizens of their own country, and between such citizens and the citi¬ zens or other inhabitants of the country where they reside; and also all contracts between the latter, proWded they relate to property situated APPENDIX NO. III. 573 or to business to be transacted in the territory of the nation by which the said Consular Officers are appointed. All such acts of agreement and other instruments, and also copies and translations thereof, when duly authenticated by such Consul-General, Consul, Vice-Consul, or Consular Agent under his official seal, shall be received by public officials and in courts of justice as legal documents, or as authenticated copies, as the case may be, and shall have the same force and effect as if drawn up or authenticated by competent imblic officers of one or the other of the two countries. 1452. Article X. In case of the death of any citizen of Germany in the United States, or of any citizen of the United States in the German Empire, without having in the country of his decease any known heirs or testamentary executors by him appointed, the competent local authorities shall at once inform the nearest Consular Officer of the nation to which the deceased belongs of the circumstance, in order that the necessary information may be immediately forwarded to jiarties interested. The said Consular Officer shall have the right to appear personally or by delegate in all proceeding on behalf of the absent heirs or creditors, until they are duly represented. In all successions to inheritances citizens of each of the contracting parties shall pay in the country of the other such duties only as they would be liable to pay if they were citizens of the country in which the property is situated or the judicial administration of the same may be exercised. 1453. Article XI. Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the two countries are exclusively charged with the inventorying and the safe-keeping of goods and effects of every kind left by sailors or passen¬ gers on ships of their nation, who die either on board ship or on land during the voyage or in the port of destination. 1454. Article XII. Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall be at liberty to go either in person or by proxy on board vessels of their nation admitted to entry and to examine the officers and crews, to exam¬ ine the ship’s papers, to receive declarations concerning their voyage, their destination, and the incidents of the voyage; also to draw up mani¬ fests and lists of freight, to facilitate the entry and clearance of their 574 APPENDIX NO. III. vessels, and finally to accompany the said officers or crews before the judicial or administrative authorities of the countrj’’, to assist them as their interpreters or agents. The judicial authorities and custom-house officials shall in no case pro¬ ceed to the examination or search of merchant vessels without having given previous notice to the Consular Officer of the nation to which the said vessels belong, in order to enable the said Consular Officers to be present. They shall also give due notice to the said Consular Officers in order to enable them to be present at any depositions or statements to be made in courts of law or before local magistrates, by officers or persons belong¬ ing to the crew, thus to prevent errors or false interpretations which might impede the correct administration of justice. The notice to Consuls, Vice-Consuls, or Consular Agents shall name the hour fixed for such proceedings. Upon the non-appearance of the said officers or their representatives, the case may be proceeded with in their absence. 1455. Article XIII. Consuls-General, Consuls, Vice-Consuls, or Consular Agents shall have exclusive charge of the internal order of the merchant-vessels of their nation, and shall have the exclusive power to take cognizance of and to determine differences of every kind which may arise, either at sea or in port, between the captains, officers, and crews, and specially in reference to wages and the execution of mutual contracts. Neither any court or authority shall, on any pretext, interfere in these differences, except in cases where the differences on board shij) are of a nature to disturb the pea(?e and public order in port, or on shore, or when persons other than the officers and crew of the vessel are parties to the disturbance. Except as aforesaid, the local authorities shall confine them.selves to the rendering of efficient aid to the Consuls, when they may ask it in order to arrest and hold all persons, whose names are borne on the ship's articles, and whom they may deem it necessary to detain. Those per¬ sons shall be arrested at the sole retpiest of the Consuls, addres.sed in writing to the local authorities and sui)ported bj’an official extract from the register of the shij) or the list of the crew, and shall be held, during the whole time of their stay in the port, at the disposal of the Consuls. Their release shall be granted only at the recpiest of the Consuls, made in writing. The expenses of the arrest and detention of those jiersons shall be paid by the Consuls. APPENDIX NO. III. 575 1456. Article XIV. Consuls General, Consuls, Vice-Consuls, or Consular Agents may arrest the officers, sailors, and all other persons making part of the crews of ships of war or merchant-vessels of their nation who may be guilty or be accused of having deserted said ships and vessels, for the purpose of send¬ ing them on board or back to their countrv. To that end, the Consuls of Germany in the United States shall apply to either the Federal, State, or municipal courts or authorities; and the Consuls of the United States in Germany shall apply to any of the com¬ petent authorities, and make a request in writing for the deserters, sup¬ porting it by an official extract of the register of the vessel, and the list of the crew, or by other official documents, to show that the men whom they claim belong to said crew. Upon such request alone thus supported, and without the exaction of any oath from the Consuls, the deserters (not being citizens of the country where the demand is made either at the time of their shipping or of their arrival in the port) shall be given up to the Consuls. All aid and protection shall be furnished them for the pur¬ suit, seizure, and arrest of the deserters, who shall be taken to the prisons of the country and there detained at the request and at the expense of the Consuls, until the said Consuls may find an opportunity of sending them away. If, however, such opportunity should not present itself within the space of three months, counting from the day of the arrest, the deserters shall be set at liberty, and shall not again be arrested for the same cause. 1457. Article XV. In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls-General, Consuls, Vice- Consuls, and Consular Agents of the respective countries. If, however, any inhabitant of the country, or citizen or subject of a third power, shall be interested in the matter, and the parties cannot agree, the com¬ petent local authorities shall decide. 1458. Article XVI. In the event of a vessel belonging to the Government, or owned by a citizen of one of the two contracting parties, being wrecked or cast on shore on the coast of the other, the local authorities shall inform the APPENDIX NO. III. o7C Consul-General, Consul, Vice-Consul, or Consular Agent of the district of the occurrence, or if there be no such consular agency, they shall inform the Consul-General, Consul, Vice-Consul, or Consular Agent of the nearest district. All proceedings relative to the salvage of American vessels wrecked or cast on shore in the territorial waters of the German Empire shall take place in accordance with the laws of Germany; and, reciprocally, all measures of salvage relative to German vessels wrecked or cast on shore* in the territorial waters of the United States shall take place in accord¬ ance ^^uththe laws of the United States. The consular authorities have in both countries to intervene only to superintend the proceedings having reference to the repair and revictual¬ ing, or, if necessary, to the sale of the vessel wrecked or cast ashore. For the intervention of the local authorities no charges shall be made except such as in similar cases are paid by vessels of the nation. In case of a doubt concerning the nationality of shipwrecked vessel, the local authorities shall have exclusively the direction of the proceed¬ ings provided for in this article. All merchandise and goods not destined for consumption in the coun¬ try where the wreck takes place shall be free of all duties. 1459. Article XVII. With regard to the marks or labels of goods, or of their packages, and also with regard to patterns and marks of manufacture and trade, the citizens of Germany shall enjoy in the United States of America, and American citizens shall enjoy in Germany, the same protection as native citizens. on EAT URITAIX. Concluded July 3, 1815 {Commerce.) ******* 1460. Article IV. It shall lie free for each of the two contracting parties, respectively, to appoint Consuls for the protection of trade, to reside in the dominions and territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Gov¬ ernment to which he is sent; and it is hereby declared that, in case of APPENDIX NO. III. 577 illegal or improper conduct toward the laws or government of the coun¬ try to which he is sent, such Consul may either he punished according to law, if the laws will reach the case, or be sent back, the offended Government assigning to the other the reasons for the same. It is hereby declared that either of the contracting parties may except from the residence of Consuls such particular places as such party shall judge fit to be so excepted. * * * * * * * Treaty concluded June 3, 1892 {Reclamation of deserting seamen). 1461. Article I. The Consuls General, Consuls, Vice-Consuls and Consular Agents of either of the High Contracting Parties, residing in the dominions, pos¬ sessions or colonies of the other, shall have power to require from the proper authorities the assistance provided by law for the apprehension, recovery and restoration of seamen who may desert from any ship belonging to a citizen or subject of their respective countries, while in the ports of the other country. If, however, any such deserter shall have committed any crime or offence in the country where he is found, his surrender or restoration may be delayed until the proper tribunal before which the case shall be iiending or may be cognizable, shall have pronounced its sentence and the sentence shall have been carried into effect. It is understood that the preceding stipulations shall not apply to the citizens or subjects of the country where the desertion shall take place. GREECH. Treaty concluded December 1837 {Amity and Commerce). ******* 1462. Article XII. Each of the high contracting parties grants to the other the privilege of appointing in its commercial ports and places Consuls, Vice-Consuls, and Commercial Agents, who shall enjoy the full protection and receive 17824 C R- 37 578 APPENDIX NO. III. ov^ery assistance necessary for the due exercise of their functions; but it is expressly declared that in case of illegal or improper conduct with respect to the laws or government of the country to which said Con¬ suls, Vice-Consuls, or Commercial Agents shall reside, they may be prosecuted and punished conformably to the laws, and deprived of the exercise of their functions by the offended Government, which shall jicquaint the other with its motives for having thus acted; it being understood, however, that the archives and documents relative to the affairs of the Consulate shall be exempt from all search and shall be carefully preserved under the seals of the Consuls, Vice-Consuls, or Commercial Agents, and of the authority of the place where they may reside. The Consuls, Vice-Consuls, or Commercial Agents, or the persons duly authorized to supply their places, shall have the right as such to sit as judges and arbitrators in such differences as may arise between the cap¬ tains and crews of the vessels belonging to the nation, whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captains should disturb the order or tranquility of the country, or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported. It is, how¬ ever, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their country. 1463. Article XIIL The said Consuls, Vice-Consuls, or Commercial Agents are authorized to require the assistance of the local authorities for the arrest, detention, and imprisonment of the deserters from the ships of war and merchant- ■vessels of their country, and for this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such indi¬ viduals formed part of the crews, and on this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and may be confined in the public prisons at the reipiest and cost of those who claim them, in order to be sent to the vessels to which they belonged, or to others of the same country. But if not sent back ^vuthin the space of two months, reckoning from the APPENDIX NO. III. 579 day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. It is understood, however, that if the deserter should be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. ******* HAMBURG. (See Hanseatic Republics.) HAXSEATIC REPUBUICS. Additional article to the Convention of Friendship, Commerce, and Navi¬ gation, of the 20th of December, 1827, between the United States of . America and the Hanseatic Republics of Lnbeck, Bremen, and Ham¬ burg, concluded June 4, 1828 . 1464. The United States of America and the Hanseatic Republics of Lubeck, Bremen, and Hamburg, wishing to favor their mutual commerce by affording, in their ports, every necessary assistance to their respective vessels, the undersigned Plenipotentiaries have further agreed upon the following additional article to the Convention of Friendship, Commerce, and Navigation, concluded at Washington on the twentieth day of December, 1827, between the contracting ijarties. The Consuls and Vice-Consuls may cause to be arrested the sailors, being part of the crews of the vessels of their respective countries, who shall have deserted from the said vessels, in order to send them back and transport them out of the country. For which purpose the said Consuls and Vice-Consuls shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters, in writing, proving by an exhibition of the registers of the said vessels, or ship's roll, or other official document, that those men were part of said crews; and on this demand being so proved (saving, however, where the con¬ trary is proved), the delivery shall not be refused; and there shall be given all aid and assistance to the said Consuls and Vice-Consuls for the 580 APPENDIX NO. III. search, seizure, and arrest of the said deserters, who shall be even detained and kept in the prisons of the country, at their request and expense, until they shall have found opportunity of sending them back. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause. It is understood, however, that if the deserter should be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. The present additional article shall have the same force and value as if it were inserted, word for word, in the Convention signed at Wash¬ ington on the twentieth day of December, one thousand eight hundred and twenty-seven. ******* Convention for the mutual extension of the jurisdiction of Consids between the United States of America and the Free and Hanseatic Republics of Hamburg, Bremen, and Lubeck, concluded at Washington, April 30, 1852. 1465. Article I. The Consuls, Vice-Consuls, Commercial, and Vice-Commercial Agents, of each of the high contracting parties shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the masters and crews of the vessels belonging to the nation whose inter¬ ests are committed to their charge, without the interference of the local authorities, unless the conduct of the crews or of the master should dis¬ turb the order or traiKiuillity of the country; or the said Consuls, Vice- Consuls, Commercial Agents, or Vice-Commercial Agents, should recpiire their assistance in executing or supporting their own decisions. But this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their own country. 1466. Article II. The present Convention shall be in force for the term of twelve years from the day of its ratifications; and further until the end of twelve months after the Government of the United States on the one part, or the Free and Hanseatic Republics of Hamburg, Bremen, or Lubeck, or APPENDIX NO. III. 581 either of them, on the other part, shall have given notice of their inten¬ tion to terminate the same; each of the contracting parties reserving to itself the right of giving such notice to the other at the end of the said term of twelve years. And it is hereby agreed that, at the expiration of twelve months after such notice shall have been received by either of the parties from the other, this convention, and all the provisions thereof, shall altogether cease and determine, as far as regards the States giving and receiving such notice; it being always understood and agreed that if one or more of the Free and Hanseatic Republics aforesaid shall, at the expiration of twelve years from the date of the ratification of the convention, give or receive notice of the termination of the same, it shall, nevertheless, remain in full force and operation, as far as regards the remaining Free and Hanseatic Republics or Republic, which may not have given or received such notice. HAWAIIAN ISHAKDS. Treaty concluded December 20, 18 40 {Friendship, Commerce, and Navi¬ gation). ******* 1467. Article X. Each of the two contracting parties may have, in the ports of the other. Consuls, Vice-Consuls, and Commercial Agents of their own appointment, who shall enjoy the same privileges and powers with those of the most favored nations; but if any such consuls shall exercise commerce, they shall be subject to the same laws and usage to which the private indi¬ viduals of their nation are subject in the same place. The said Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant-ves¬ sels of their country. For this xmrpose they shall apply to the compe¬ tent tribunals, judges, and officers, and shall, in writing, demand the said deserters, jiroving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individ¬ uals formed part of the crews; and this reclamation being thus substan¬ tiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Consuls, or Com¬ mercial Agents, and maybe confined in the public prisons, at the request 582 APPENDIX NO. III. and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. The agents, owners, or masters of vessels on account of whom the deserters have been apx)rehended uijon recxuisition of the local authorities, shall be reciuired to take or send away such deserters from the States and dominion of the contracting i)arties, or give such security for their good conduct as the law may require. But if not sent back nor reclaimed within six months from the day of their arrest, or if all the exj^enses of such imprisonment are not defrayed by the party causing such arrest and imi)risonment, they shall be set at liberty, and shall not again l)e arrested for the same cause. However, if the deserters should be found to have committed any crime or offense, their surrender may be delayed until the tribunal before which their case shall be de- l^ending shall have pronounced its sentence, and such sentence shall have been carried into effect. ******* 1468. Article XII. If any ships of war or other vessels be wrecked on the coasts of the States or territories of either of the contracting parties, such ships or vessels, or any j)arts thereof, and all furniture and appurtenances belonging thereunto, and all goods and merchandise which shall be saved therefrom, or the xiroduce thereof, if sold, shall be faithfully restored, with the least X)Ossible delay, to the x^roprietors, ux)on being claimed by them or by their duly authorized factors; and if there are no • such proprietors or factors on the sx)ot, then the said goods and merchan¬ dise, or the proceeds thereof, as well as all the x^Rfiers found on board such wrecked sliixis or vessels shall be delivered to the American or Hawaiian Consul or Vice-Consul in whose district the wreck may have taken xdace; and such Consul, Vice-Consul, prox)rietors, or factors, shall X)ay only the exxienses incurred in the x^reservation of the X)rox>erty, together with the rate of salvage and exx)enses of quarantine which would have been payable in the like case of a VTeck of a national ves¬ sel; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumx)tion, it being understood that in case of any legal claim ux)on such wreck, goods, or merchandise, the same shall be referred for decision to the competent tribunals of the country. APPENDIX NO. III. 583 IIAYTI. Treaty concluded November 3, ISG 4 . {Amity, Commerce, Navigation, and Extradition). **-){•**** 1469. Article XXXIII. To protect more effectually the commerce and navigation of their respective citizens, the United States of America and the Republic of Hayti agree to admit and receive, mutually. Consuls and Vice-Consuls in all their ports open to foreign commerce, who shall enjoy, within their respective Consular Districts, all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation. 1470. Article XXXIV. In order that the Consuls and Vice-Consuls of the two contracting parties may enjoy the rights, prerogatives, and immunities which belong to them by their public character, they shall, before exercising their official functions, exhibit, to the Government to which they are accredited, their commissions or patents in due form; and, having obtained their exequatur, they shall be acknowledged, in their official character, by the authorities, magistrates, and inhabitants in the Con¬ sular District in which they reside. 1471. Article XXXV. It is also agreed that the Consuls, their Secretaries, Officers, and persons attached to the service of Consuls, they not being citizens (»f the country in which the Consul resides, shall be exempt from all kinds of imposts, taxes, and contributions, except those which they shall be obliged to pay on account of their commerce or property, to which the citizens or inhabitants, native or foreign, of the country in which they reside are subject; being, in everything besides, subject to the laws of the respective States. The archives and papers of the Con¬ sulates shall be respected inviolably, and under no pretext whatever shall any person, magistrate, or other public authority, seize or in any way interfere with them. 1472. Article XXXVI. The said Consuls and Vice-Consuls shall have power to require the assistance of the authorities of the country for the arrest, detention, and 584 APPENDIX NO. III. custody of deserters from the ships of war and merchant vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand such deserters, prov¬ ing, by the exhibition of the registers of the vessels, the muster-rolls of the crews, or by any other official documents, that such individuals formed a part of the crews; and, on this claim being substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the Consuls and Vice-Consuls, and may be con¬ fined in the public prisons at the request and cost of those who shall claim them, in order to be sent to the vessels to which they belong, or to others of the same country. But if not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. 1473. Article XXXVII. For the purpose of more effectually protecting their commerce and navigation the two contracting parties do hereby agree, as soon here¬ after as circumstances will permit, to form a Consular Convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. * * * * * * * IIOXDURAS. Treaty concluded July 4 , IS 04 {Friendship, Commerce, and Navigation). * * * * * * * 1474. Article VIII. In whatever relates to the police of the ports, the lading and unlading of ships, the safety of the merchandise, goods, and effects, the succession to personal estates by will or otherwise, and the disposal of personal property of every sort and denomination, by sale, donation, exchange, testament, or in any other manner whatsoever, as also the administra¬ tion of justice, the citizens of the two high contracting parties shall reciprocally enjoy the same i)rivileges, liberties, and rights as native citizens, and they shall not be charged in any of these respects with any higher imposts or duties than those which are paid or may be paid by native citizens; submitting, of course, to the local laws and regulations of each country respectively. APPENDIX NO. III. 585 If any citizen of either of the two high contracting parties shall die without will or testament in any of the territories of the other, the Cor,.- sul-General or Consul or the nation to which the deceased belonged, or the representative of such Consul-General or Consul in his absence, sha lll have the right to nominate curators to take charge of the property of the deceased, so far as the laws of the country will permit, for the ben¬ efit of the lawful heirs and creditors of the deceased, giving proper notice of such nomination to the authorities of the country. ******* 1475. Article X. It shall be free for each of the two high contracting parties to appoir t Consuls for the protection of trade, to reside in any of the territories ( f the other party; but before any Consul shall act as such, he shall, in tli 3 usual form, be approved and admitted by the Government to which he i s sent; and either of the high contracting parties may except from the rei - idence of Consuls such particular places as they judge fit to be excepted. The Diplomatic Agents and Consuls of Honduras shall enjoy in the tei - ritoriesof the United States whatever privileges, exemptions, andimmi - nities are or shall be granted to agents of the same rank belonging 1 o the most favored nation; and in like manner the Diplomatic Agents an cl Consuls of the United States in the territories of Honduras shall enjoy, according to the strictest reciprocity, whatever privileges, exemptions, and immunities are or may be granted in the Republic of Honduras to the Diplomatic Agents and Consuls of the most favored nation. ******* ITALY. Treaty concluded May 8, 1878 {Rights, Privileges, and Immunities (/ Consular Officers). 1476. Article I. Each of the high contracting parties pledges itself to admit the Con- suls-General, Consuls, Vice-Consuls, and Consular Agents of the other in all its ports, iilaces, and cities, with the exception of those in which it may not be deemed proper to recognize such functionaries. This reservation, however, shall not be applied to one of the high con¬ tracting parties without being applied in like manner to all the other Powers. APPENDIX NO. III. 58(] 1477. Article II. Consular Officers shall receive, after presenting their commissions, and according to the formalities established in the respective countries, the exequatur required for the exercise of their functions, which shall be furnished to them free of cost; and on presentation of this document they shall be admitted by all the authorities of their place of residence to the enjoyment of the rights, prerogatives, and immunities, granted them by this convention. 1478. Article III. Consular Officers, citizens of the State by which they were appointed, shall be exempt from arrest or imprisonment in civil cases and from pre¬ liminary arrest in penal cases, except in the case of offenses which the local law qualifies as crimes and punishes as such, and they shall be exempt from military billetings, and from the performance of service in the arm}^ in the militia, or national guard, and in the navy. The aforesaid Consular Officers shall be exempt from all national. State, or municipal taxes imposed upon persons, either in the nature of caiiitation tax or in respect to their jiroperty, unless such taxes become due on account of the possession of real estate or for interest on capital invested in the State in which they reside. If they are engaged in trade, manufactures, or commerce, they shall not enjoy such exemption, but shall be obliged to pay the same taxes as are paid by other foreigners under similar circumstances. 1479. Article IV. Consular Officers, citizens of the State which appointed them, and who are not engaged in trade, professional business, or any kind of manu¬ factures, shall not be obliged to appear as -witnesses before the courts of the country in which they reside. If their testimony should be neces¬ sary, they shall be requested in writing to appear in court, and in ca.se of impediment their written deposition shall be requested, or it shall be received viva voce at their residence or office. It shall be the duty of the aforementioned Consular Officers to comply with such request without unnecessary delay. In all the criminal cases contemplated by the Vlth article of the amendments of the Constitution of the United States, by \’irtue of which the right is guaranteed to persons charged vuth crimes of obtaining APPENDIX NO. III. 587 witnesses in their favor, Consular Officers shall he required to appear, all possible regard being paid to their dignity and to the duties of their office. Consuls of the United States in Italy shall receive the same treatment in similar cases. 1480. Article V. Consuls-General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their office the arms of their nation with this inscription: Consulate or Vice-Consulate or Consular Agency of the United States or of Italy. They may also hoist the flag of their country over the house in which the Consular Office is, provided they do not reside in the capital in which the legation of their country is established. 1481. Article VI. The Consular Offices shall be at all times inviolable. The local author¬ ities shall not be allowed to enter them under any pretext, nor shall they in any case examine or sequestrate the papers therein deposited. These offices, however, shall never serve as places of asylum. When the Consular Officer is engaged in trade, professional business, or manufacturers, the papers relating to the business of the Consulate must be kept separate. 1482. Article VII. In case of death, incapacity, or absence of the Consuls-General, Con¬ suls, Vice-Consuls, and Consular Agents, their Chancellors and Secre¬ taries, whose official character shall have been previously announced to the Department of State at Washington, or to the Ministry of Foreign Affairs in Italy, shall be permitted to discharge their functions ad interim, and they shall enjoy, while thus acting, the same rights, pre¬ rogatives, and immunities as the officers whose places they fill, on the condition and with the reserves prescribed for those offices. 1483. Article VIII. Vice-Consuls or Consular Agents may be appointed by the respective Governments or by the Consuls-General or Consuls, with the approval 588 APPENDIX NO. III. of said Governments, in the cities, ports, and places of each Consular District. These agents may he selected from the citizens of the United States, or from Italian citizens or other foreigners, and they shall he fur¬ nished with a commission hy the Government or hy the Consul appoint¬ ing them under whose orders they are to discharge their functions. They shall enjoy the privileges provided in this convention for Consular Officers, subject to the exceptions and reservations provided for the same. 1484. Article IX. Consuls-General, Consuls, Vice-Consuls, and Consular Agents may have recourse to the authorities of the respective countries within their district, whether federal or local, judicial or executive, for the purpose of complaining of any infraction of the treaties or conventions existing between the United States and Italy, as also in order to defend the rights and interests of their countrymen. If the complaint should not he sat¬ isfactorily redressed, the Consular Officer aforesaid, in the absence of a Diplomatic Agent of their country, may apply directly to the Govern¬ ment of the country where they reside. 1485. Article X. Consuls-General, Consuls, Vice-Consuls, and Consular Agents, and their Chancellors or Consular Clerks, shall have the right to take in their offices, at the residence of the parties, in their own dwelling, and even on board ship, the depositions of captains and crews of the vessels of their nation, of passengers on hoard of the same, and of any other citi¬ zen or subject of their country. They shall also have the right to receive at their offices, conformably to the laws and regulations of their country, any contract lietween citi¬ zens or subjects and other inhabitants of the country in which they reside, and also any contract between these latter, provided it relates to real estate situated in the territory of the nation to which the Con¬ sular Officer belongs, or to business which is to be transacted in said country. Copies of papers relative to such contracts and official documents of all kinds, whether originals, copies, or translations, duly authenticated by the Consuls-General, Consuls. Vice-Consuls, and Consular Agents, and sealed ^vith the seal of office of the Consulate, shall be received as e^^dence in the United States and Italy. APPENDIX NO. III. 589 1486. Article XI. (Substituted by treaty concluded February 24 , 1881). The eleventh article of the Consular Convention of May 8, 1878, be¬ tween the United States of America and Italy, is hereby annulled, and in its place the following article is substituted, namely: Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall have exclusive charge of the internal order of the merchant vessels of their nation, and shall alone take cognizance of differences which may arise, either at sea or in port, between the captains, officers, and crews, without exception, particularly in reference to the adjustment of wages and the execution of contracts. In case any disorder should happen on board of vessels of either party, in the territorial waters of the other, neither the Federal, State, or municipal authorities or courts in the United States nor any court or authority in Italy, shall on any pretext interfere except when the said disorders are of such a nature as to cause, or be likely to cause, a breach of the peace or serious trouble in the jiort or on shore; or when, in such trouble or breach of the peace, a person or persons shall be implicated, not forming a part of the crew. In any other case, said Federal, State, or municipal authorities or courts in the United States, or courts or authority in Italy, shall not interfere, but shall render forcible aid to Consular Officers, when they may ask it, to search, arrest, and imiirison all persons comf)osing the crew whom they may deem it necessary to confine. Those persons shall be arrested at the sole request of the Consuls addressed in writing to either the Federal, State, or municipal courts or authorities in the United States, or to any court or authority in Italy, and supported by an official extract from the register of the ship or the list of the crew, and the prisoners shall be held, during the whole time of their stay, in the port at the disposal of the Consular Officers. Their release shall be granted at the mere request of such officers made in writing. The expenses of the arrest and detention of those iiersons shall be paid by the Consular Officers. 1487. Article XII. According to the act of Congress of March 5,1855, to regidate the car¬ riage of passengers in steamships and other vessels, all disputes and ques¬ tions of any nature that may arise between captains and officers on the 590 APPENDIX NO. III. one hand, and passengers on board of vessels on the other, shall be brought to and decided by the circuit or district courts of the United States, to the exclusion of all other courts and authorities. 1488. Article XIII. The respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents may arrest the officers, seamen, and any other person forming part of the crew of the merchant and war vessels of their nation who have been guilty of or charged with deserting from said vessels, in order to return them to their vessels, or to send them back to their country. To this effect the Consular Officers of Italy in the United States may apply in writing to either the courts or the Federal, State, or municipal authorities of the United States, and the Consular Officers of the United States may apply to any of the comiietent authorities in Italy, and make a demand for the deserters, showing by exhibiting the register of the vessel and the crew-list, or other official documents, that the persons claimed really belonged to said crew. Upon such request alone, thus supported, and without the exaction of any oath from the Consular Offi¬ cers, the deserters not being citizens or subjects of the country in which the demand is made at the time of their shipment shall be given up. All assistance and necessary aid, moreover, shall be furnished for the search and arrest of said deserters, who shall be placed in the prisons of the country, and kept there at the request and at the expense of the Consular Officer until he finds an opportunity to send them home. If, however, such an opportunity shall not present itself within the space of three months, counting from the day of the arrest, the deserter shall be set at liberty, nor shall he l)e again imprisoned for the same cause. 1489. Article XIV. In the absence of an agreement to the contrary, between the owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter the respective ports voluntarily or are forced by stress of weather or other causes over which the officers have no control, shall be settled by tlie Consuls-General, Consuls, Vice- Consuls, and Consular Agents of the country in which they respectively reside; in case, however, any citizen of the country in which said Con¬ sular Officers reside, or subjects of a third i)ower, should be interested APPENDIX NO. III. 591 in these damages, and the parties cannot come to an amicable agree¬ ment, the competent local authorities shall decide. 490 . Article XV. All operations relative to the salvage of the United States vessels wrecked upon the coasts of Italy, and of Italian vessels upon the coasts of the United States, shall be directed by the respective Consuls-General, Consuls, and Vice-Consuls of the two countries, and until their arrival by the respective Consular Agents, where Consular Agencies exist. In places and ports where there is no such agency, the local authori¬ ties shall give immediate notice of the shipwreck to the Consul of the district in which the disaster has taken place, and until the arrival of the said Consul they shall take all necessary measures for the protection of persons and the preservation of property. The local authorities shall intervene only to preserve order, and to protect the interests of the salvors, if they do not belong to the crew of the wrecked vessel, and to secure the execution of the arrangements made for the entry and exportation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom¬ house charges, unless it be intended for consumption in the country in which the wreck took place. 1491. Article XVI. In case of the death of a citizen of the United States in Italy, or of an Italian citizen in the United States, who has no known heir, or testa¬ mentary executor designated by him, the competent local authorities shall give notice of the fact to the Consuls or Consular Agents of the nation to which the deceased belongs, to the end that information may be at once transmitted to the parties interested. 1492. Article XVII. The respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents, as likewise the Consular Chancellors, Secretaries, Clerks, or Attaches, shall enjoy, in both countries, all the rights, prerogatives, immunities, and privileges which are or may hereafter be granted to the officers of the same grade of the most favored nation. 592 APPENDIX NO. III. JAPAX. Treaty concluded March 31, 185U {Peace and Amity). * * * * * * * 1493. Article XI. There shall be appointed by the Government of the United States, Consuls or Agents to reside in Simoda, at any time after the expiration of eighteen months from the date of the signing of this treaty: Provided, That either of the two Governments deem such arrangement necessary. ******* Treaty concluded June 17, 1857 {Intercourse). ******* 1494. Article II. It being known that American ships coming to the ports of Simoda and Hakodadi cannot have their wants supplied by the Japanese, it is agreed that American citizens may permanently reside at Simoda and Hakodadi, and the Government of the United States may appoint a Vice-Consul to reside at Hakodadi. This article to go into effect on the fourth day of July, eighteen hundred fifty-eight. ■Jr ^ -S' •S’ 'X' •Jf' ■X* 1495. Article IV. Americans committing offenses in Japan shall be tried by the Ameri¬ can Consul-General or Consul, and shall be punished according to American laws. Japanese committing offenses against Americans shall be tried by the Japanese authorities, and punished according to Japanese laws. ******* 1496. Article VI. The Government of Japan admits the right of his excellency the Consul-General of the United States to go beyond the limits of seven ri, but has asked him to delay the use of that right, except in cases of emergency, shipwreck, &c., to which he has assented. APPENDIX NO. III. 503 1497. Article VII. Purchases for his excellency the Consul-General, or his family, may he made by him only, or by some member of his family, and payment made to the seller for the same without the intervention of any Japanese official, and for this purpose Japanese silver and copper coin shall be supplied to his excellency the Consul-General. ******* Treaty concluded July £9, 1858 {Peace and Friendship). 1498. Article I. There shall henceforward be perpetual iieace and friendship between the United States of America and his Majesty the Tycoon of Japan and his successors. The President of the United States may appoint a Diplomatic Agent to reside at the city of Yedo, and Consuls or Consular Agents to reside at any or all of the ports in Japan which are opened for American commerce by this treaty. The Diplomatic Agent and Consul-General of the United States shall have the right to travel freely in any part of the Empire of Japan from the time they enter on the discharge of their official duties. The Government of Japan may appoint a Diplomatic Agent to reside at Washington, and Consuls or Consular Agents for any or all of the ports of the United States. The Diplomatic Agent and Consul-General of Jajian may travel freely in any part of the United States from the time they arrive in the country. 1499. Article II. The President of the United States, at the request of the Jaxianese Government, will act as a friendly mediator in such matters of difference as may arise between the Government of Japan and any European power. The ships of war of the United States shall render friendly aid and assistance to such Japanese vessels as they may meet on the high seas, so far as can be done without a breach of neutrality; and all American Consuls residing at ports visited by Japanese vessels shall also give them such friendly aid as may be permitted by the laws of the respective countries in which they reside. 17824 C R-38 594 APPENDIX NO. III. 1500. Article III. In addition to the ports of Simoda and Hakodadi, the following ports and to^vns shall be opened on the dates respectively appended to them, that is to say: Kanagawa on the (4th of July, 1859) fourth day of July, one thousand eight hundred and fifty-nine; Nagasaki on the (4th of July, 1859) fourth day of July, one thousand eight hundred and fifty- nine; Nee-e-gata on the (1st of Januarj", 18G0) first day of Januaiy, one thousand eight hundred and sixty; Hiogo on the (1st of January, 1863) first day of January, one thousand eight hundred and sixty-three. If Nee-e-gata is found to be unsuitable as a harbor, another port on the west coast of Nipon shall be selected by th3 two Governments in lieu thereof. Six months after the opening of Kanagawa the port of Simoda shall be closed as a place of residence and trade for American citizens. In all the foregoing ports and towns American citizens may permanently reside; they shall have the right to lease ground, and imr- chase the buildings thereon, and may erect dwellings and warehouses. But no fortification or place of military strength shall be erected under pretense of building dwellings or warehouses; and to see that this article is observed, the Japanese authorities shall have the right to inspect, from time to time, any buildings which are being erected, altered, or repaired. The place which the Americans shall occupy for their buildings, and the harbor regulations, shall be arranged by the American Consul and the authorities of each place, and, if they cannot agree, the matter shall be referred to and settled by the American Diplomatic Agent and the Japanese Government. ******* Article VI. Americans committing offenses against Japanese shall be tried in American Consular Courts, and when guilty shall be punished according to American law. Japanese committing offenses against Americans shall be tried by the Japanese authorities and punished according to Japanese law. The Consular Courts shall be open to Japanese creditors, to enable them to recover their just claims against American citizens, and the Japanese Courts shall in like manner be open to American citizens for the recovery of their just claims against Japanese. All claims for forfeitures or penalties for violations of this treaty, or of the articles regulating trade which are appended hereunto, shall be APPENDIX NO. III. 595 sued for in the Consular Courts, and all recoveries shall be delivered to the Japanese authorities. Neither the American nor Japanese G-overnments are to be held responsible for the payment of any debts contracted by their respective citizens or subjects. 1502. Article VII. In the opened harbors of Japan Americans shall be free to go where they please, within the following limits: At Kanagawa, the River Logo (which empties into the Bay of Yedo between Kawasaki and Sinagawa), and (10) ten ri in another direction. At Hakodadi (10) ten ri in any direction. At Hiogo (10) ten ri in any direction, that of Kioto excepted, which city shall not be approached nearer than (10) ten ri. The crews of ves¬ sels resorting to Hiogo shall not cross the River Enagawa, which empties into the bay between Hiogo and Osaca. The distances shall be meas¬ ured inland from Goyoso, or town hall of each of the foregoing harbors, the ri being equal to (4,275) four thousand two hundred and seventy- five yards, American measure. At Nagasaki Americans may go into any part of the imperial domain in its vicinity. The boundaries of Nee-e-gata, or the place that may be substituted for it, shall be settled by the American Diplomatic Agent and the Government of Japan. Americans who have been convicted of felony, or twice convicted of misdemeanors, shall not go more than (1) one Japanese ri inland from the places of their respective residences, and all persons so convicted shall lose their right of permanent residence in Japan, and the Japanese authorities may require them to leave the country. A reasonable time shall be allowed to all such persons to settle their affairs, and the American Consular authority shall, after an examina¬ tion into the circumstances of each case, determine the time to be allowed, but such time shall not in any case exceed one year, to be cal¬ culated from the time the person shall be free to attend to his affairs. ******* 1503. Article IX. When requested by the American Consul, the Japanese authorities will cause the arrest of all deserters and fugitives from justice, receive in jail all persons held as prisoners by the Consul, and give to the Consul 596 APPENDIX NO. III. such assistance as may be required to enable him to enforce the observ¬ ance of the laws by the Americans who are on land, and to maintain order among the shipping. For all such service, and for the support of prisoners kept in confinement, the Consul shall, in i;ll cases, pay a just compensation. * * * * * • * * 1504. Article XI. The articles for the regulation of trade, which are appended to this treaty, shall be considered as forming a part of the same, and shall be e(iually binding on both the contracting parties to this treaty, and on their citizens and subjects. 1505. Article XII. Such of the provisions of the treaty made by Commodore Perry, and signed at Kanagawa, on the 31st of March, 1854, as conflict with the provisions of this treaty are hereby revoked; and as all the provisions of a convention executed by the Consul-General of the United States and the governors of Simoda on the 17th of June, 1857, are incorporated in this treaty, that convention is also revoked. The person charged with the diplomatic relations of the United States in Japan, in conjunction with such person or persons as may be appointed for that purpose by the Japanese Government, shall have power to make such rules and regulations as may be required to carry into full and complete effect the pro\usions of this treaty, and the pro¬ visions of the articles regulating trade appended thereunto. Regulations under which American trade is to he conducted in Japan. 1506. Regulation first. Within forty-eight (48) hours (Sundays excepted) after the arrival of an American ship in a Japanese port, the captain or commander shall exhibit to the Japanese custom-house authorities the receipt of the American Consul, showing that he has deposited the ship's register and other papers, as required by the laws of the United States, at the American Consulate, and he shall then make an entry of his ship, by giving a written paper, stating the name of the ship, and the name of the port from which she comes, her tonnage, the name of her captain or commander, the names of her passengers (if any), and the number of APPENDIX NO. III. 597 her crew, which papers shall be certified by the captain or commander to be a true statement, and shall be signed by him; he shall, at the same time, deposit a written manifest of his cargo, setting forth the marks and numbers of the packages and their contents, as they are described in his bill of lading, with the names of the person or persons to whom they are consigned. A list of the stores of the ship shall be added to the manifest. The captain or commander shall certify the manifest to be a true account of all the cargo and stores on board the ship, and shall sign his name to the same. If any error is discovered in the manifest, it may be corrected within twenty-four (24) hours (Sunday excepted) without the payment of any fee; but for any alteration or post entry to the manifest made after that time, a fee of fifteen dollars ($15) shall be paid. All goods not entered on the manifest shall pay double duties on being landed. Any captain or commander that shall neglect to enter his ves¬ sel at the Japanese custom-house within the time prescribed by this regulation shall pay a penalty of sixty dollars ($60) for each day that he shall so neglect to enter his ship. 1507. Regulation second. The Japanese Government shall have the right to place custom-house officers on board of any ship in their ports (men-of-war excepted). All custom-house officers shall be treated with civility, and such reasonable accommodation shall be allotted to them as the ship affords. No goods shall be unladen from any ship between the hours of sunset and sunrise, except by special permission of the custom-house authorities, and the hatches, and all other places of entrance into that part of the ship where the cargo is stowed, may be secured by Japanese officers, between the hours of sunset and sunrise, by affixing seals, locks, or other fastenings; and if anj’ person shall, without due permission, open any entrance that has been so secured, or shall break or remove any seal, lock, or other fastening that has been affixed by the Japanese custom-house officers, every person so offending shall pay a fine of (60) sixty dollars for each offense. Any goods that shall be discharged or attempted to be dis¬ charged from any ship without having been duly entered at the J apanese custom-house, as hereinafter provided, shall be liable to seizure and con¬ fiscation. Packages of goods made up with an attempt to defraud the revenue of Japan, by concealing therein articles of value which are not set forth in the invoice, shall be forfeited. American ships that shall smuggle, or attempt to smuggle, goods in 598 APPENDIX NO. III. any of the non-opened harbors of Japan, all snch goods shall hefor_ felted to the Japanese Government, and the ship shall pay 7i 000) one thousand dollars lor each offense. Vessels '^-eding repa rs mav land their cargo tor that purpose without the payment of du y. All goods so landed shall remain in charge of the Japanese author! «es and all just charges for storage, labor, and superinsion shall be pairtherLin But If any portion of such cargo he sold, thejegular duties shall be paid on the portion so disposed of. Cargo may he tia Shh'pecl to another vessel in the same harbor without the payment o duty hut all transshipments shall he made under the supei vision Janlnese officers, and after satisfactory proof has been given to the listoni-house authorities of the bona fide nature of the transaction ai also under a permit to be granted tor that purpose by snch ^"thoiities The importation of opium being prohibited, if any person or p shall Simiggle, or attempt to smuggle, any opium, he P ^ fw Jfl5) fifteen dollars for each catty of opium so smuggled or ttemnted to be smuo-"led; and if more than one person shall be engaged r lnse“sLll’collec held responsible for the pay- ment of the foregoing penalty. 1508. Regulation third. The owner or consignee of any goods, who desires to land * 6 “, shall make an entrv of the same at the Japanese custom-house. The ent y shall be in writing, and shall set forth the name of the person hfmffry and the iiame of the ship in which the goods -ere impmt^ and the marks, numbers, packages, and the contents thereof, mth t e of each package extended separately in one amount, and at the bottom of the entry shall be placed the aggregate value of all the goo s I. jjpd irtle entry. On each entry the owner or consignee shal in writing- that the entrv then presented exhibits the actual c^st of the goodsTand that nothing has been concealed whereby the Tulms of jl.an would be defrauded; and the owner or consignee shall "?he oi^^SIlt" of the goods so entered ^lall he pre senterto the custom-house authorities and f examination shall be without expense to the importei oi 111311 > APPENDIX NO. III. 599 goods; and after examination the Japanese shall restore the goods to their original condition in the packages (so far as may be practicable), and such examination shall be made without any unreasonable delay. If any owner or importer discovers that his goods have been damaged on the voyage of importation, before such goods have been delivered to him, he may notify the custom-house authorities of such damage; and he may have the damaged goods appraised by two or more competent and disinterested persons, who, after due examination, shall make a cer¬ tificate setting forth the amount per cent, of damage on each separate package, describing it by its mark and number, which certificates shall be signed by the appraisers, in presence of the custom-house authorities, and the importer may attach the certificate to his entry, and make a cor¬ responding deduction from it. But this shall not prevent the custom¬ house authorities from appraising the goods in the manner provided m article fourth of the treaty, to which these regulations are appended. After the duties have been paid the owner shall receive a permit authorizing the delivery to him of the goods, wdiether the same are at the custom-house or on ship-board. All goods intended to be exported shall be entered at the Japanese custom-house before they are placed on ship-board. The entry shall be in writing, and shall state the name of the ship by which the goods are to be exported, with the marks and numbers of the packages, and the quantity, description, and value of their contents. The exporter shall certify, in writing, that the entry is a true account of all the goods contained therein, and shall sign his name thereto. Any goods that are put on board of a ship for exporta¬ tion before they have been entered at the custom-house, and all pack¬ ages which contain prohibited articles, shall be forfeited to the Japanese Government. No entry at the custom-house shall be required for supplies for the use of ships, their crews, and passengers, nor for the clothing, &c., of pas¬ sengers. 1509. Regulation fourth. Ships wishing to clear shall give (24) twenty-four hours’ notice at the custom-house, and at the end of that time they shall be entitled to their clearance; but, if it be refused, the custom-house authorities shall immediately inform the captain or consignee of the ship of the reasons why the clearance is refused, and they shall also give the same notice to the American Consul. coo APPENDIX NO. III. Ships of war of the United States shall not he required to enter or clear at the custom-house, nor shall they be visisted by Japanese cus¬ tom-house or police-officers. Steamers carrying the mails of the United States may enter and clear on the same day, and they shall not be re¬ quired to make a manifest, except for such passengers and goods as are to be landed in Japan. But such steamers shall, in all cases, enter and clear at the custom-house. Whale-ships touching for supplies, or ships in distress, shall not be required to make a manifest of their cargo; but if they subsequently Avish to trade, they shall then deposit a manifest, as required in regula¬ tion first. The word ship, whenever it occurs in these regulations, or in the treaty to which they are attached, is to be held as meaning ship, barque, brig, schooner, sloop, or steamer. * * * * * * * 1510. Regulation fifth. Any person signing a false declaration or certificate, with the intent to defraud the revenue of Japan, shall pay a fine of (125) one hundred and twenty-five dollars for each ofiiense. 1511. Regulation sixth. No tonnage duties shall be levied on American ships in the ports of Japan, but the following fees shall be paid to the Japanese custom-house authorities: For the entry of a ship, (15) fifteen dollars; for the clear¬ ance of a ship, (7) seven dollars; for each permit, (U) one dollar and a half; for each bill of health, (U) one dollar and a half; for any other document, (U) one dollar and a half. 1512. Regulation seventh. Duties shall be paid to the Japanese Government on all goods landed in the country, according to the following tariff: Class 071C.—All articles of this class shall be free of duty. Gold and silver, coined or uncoined. Wearing apparel in actual use. Household furniture and i)rinted bot)ks not intended for sale, but the property of persons who come to reside in Japan. APPENDIX NO. III. 601 Class tico. —A duty of (5) five per cent, shall be paid on the following articles: All articles used for the purpose of building, rigging, repairing, or fitting out of ships. Whaling gear of all kinds. Salted provisions of all kinds. Bread and breadstuffs. Living animals of all kinds. Coals. Timber for building houses. Rice. Paddy. Steam machinery. Zinc. Lead. Tin. Raw silk. Class three. —A duty of (35) thirty-five per cent, shall be paid on all intoxicating liquors, whether prepared by distillation, fermentation, or in any other manner. Class four. —All goods not included in any of the preceding classes shall pay a duty of (20) twenty per cent. All articles of Japanese production which are exported as cargo shall pay a duty of (5) five per cent., with the exception of gold and silver coin and copper in bars. (5) Five years after the opening of Kanagawa the import and export duties shall be subject to revision, if the Japanese Government desires it. Treaty concluded May 17, 1880 {SMpivreck expenses). 1513. Ail expenses incurred by the Government of the United States for the rescue, clothing, maintenance, and traveling of needy shipwrecked Jap¬ anese subjects, for the recovery of the bodies of the drowned, for the medical treatment of the sick and injured, unable to pay for such treat¬ ment, and for the burial of the dead, shall be repaid to the Government of the United States by that of Japan. And a similar course of pro¬ cedure to the above shall be observed by the Government of the United 602 APPENDIX NO. III. States in the case of assistance being given by that of Japan to ship¬ wrecked citizens of the United States. But neither the Government of the United States nor that of Japan shall be responsible for the repayment of the expenses incurred in the recovery or preservation of a wrecked vessel or the property on boaid. All such expenses shall be a charge upon the property saved, and shall be repaid by the parties interested therein upon receiving delivery of the same. ^ -3 2 . No charge shall be'made by the Government of the United States nor by that of Japan for the expenses of the Government officers, police, or local functionaries who shall proceed to the wreck, for the traveling expenses of officers escorting the shipwrecked men, nor for the expenses of official correspondence. Such expenses shall be borne by the Govern¬ ment of the country to which such officers, police, and local function¬ aries belong. Treaty concluded November 22, 1894 {goes into effect July 16, 1809 ). 1514. Article XI. ******,* If any ship-of-war or merchant-vessel of one of the High Contract¬ ing Parties should run aground or be wrecked upon the coasts of the other, the local authorities shall inform the Consul General, Consul, Vice-Consul, or Consular Agent of the district, of the occurrence, or if there be no such consular officers, they shall inform the Consul Gen¬ eral, Consul, Vice-Consul, or Consular Agent of the nearest district. All proceedings relative to the salvage of Japanese vessels, wrecked or cast on shore in the territorial waters of the United States, shall take place in accordance with the laws of the United States, and, recipro¬ cally, all measures of salvage relative to vessels of the United States, wrecked or cast on shore in the territorial waters of His Majesty the Emperor of Japan, shall take place in accordance with the laws, ordi¬ nances, and regulations of Japan. in Such stranded or wrecked ship or vessel, and all parts thereof, and all furnitures and appurtenances belonging thereunto, and all goods and merchandize saved therefrom, including those which may have been cast into the sea, or the proceeds thereof, if sold, as well as all papers APPENDIX NO. III. 603 found on board such stranded or wrecked ship or vessel, shall be given up to the owners or their agents, when claimed by them. If such own¬ ers or agents are not on the spot, the same shall be delivered to the respective Consuls General, Consuls, Vice-Consuls, or Consular Agents upon being claimed by them within the period fixed by the laws, ordi¬ nances and regulations of the country, and such Consular officers, own¬ ers, or agents shall pay only the expenses incurred in the preservation of the property, together with the salvage or other expenses which would have been payable in the case of the wreck of a national vessel. The goods and merchandize saved from the wreck shall be exempt from all the duties of the Customs unless cleared for consumption, in which case they shall pay the ordinary duties. When a vessel belonging to the citizens or subjects of one of the High Contracting Parties is stranded or wrecked in the territories of the other, the respective Consuls General, Consuls, Vice-Consuls, and Consular Agents shall be authorized, in case the owner or master, or other agent of the owner, is not present, to lend their official assistance in order to afford the necessary assistance to the citizens or subjects of the respec¬ tive States. The same rule shall apply in case the owner, master, or other agent is present, but requires such assistance to be given. ******* 1515. Article XIII. The Consuls General, Consuls, Vice-Consuls, and Consular Agents of each of the High Contracting Parties, residing in the territories of the other, shall receive from the local authorities such assistance as can by law be given to them for the recovery of deserters from the vessels of their respective countries. It is understood that this stipulation shall not apply to the citizens or subjects of the country where the desertion takes place. 1516. Article XIV. The High Contracting Parties agree that, in all that concerns com¬ merce and navigation, any i3rivilege, favor or immunity which either High Contracting Party has actually granted, or may hereafter grant, to the Government, ships, citizens or subjects of any other State, shall be extended to the Government, ships, citizens, or subjects of the other High Contracting Party, gratuitously, if the concession in favor of that other State shall have been gratuitous, and on the same or equivalent conditions if the concession shall have been conditional; it being their 604 APPENDIX NO. III. intention that the trade and navigation of each country shall be placed, in all respects, by the other upon the footing of the most favored nation. 1517. Article XV. Each of the High Contracting Parties may appoint Consuls General, Consuls, Vice-Consuls, Pro-Consuls, and Consular Agents, in all the ports, cities, and places of the other, except in those where it may not be convenient to recognize such officers. This exception, however, shall not be made in regard to one of the High Contracting Parties without being made likewise in regard to every other Power. The Consuls General, Consuls, Vice-Consuls, Pro-Consuls, and Con¬ sular Agents may exercise all functions, and shall enjoy all privileges, exemptions, and immunities which are, or may hereafter be, granted to Consular officers of the most favored nation. ******* 1518. Article XVIH. This Treaty shall, from the date it comes into force, be substituted in place of the Treaty of Peace and Amity concluded on the 3d day of the 3d month of the 7th year of Kayei, corresponding to the 31st day of March, 1854; the Treaty of Amity and Commerce concluded on the 19th day of the 6th month of the 5th year of Ansei, corresponding to the 29th day of July, 1858; the Tariff Convention concluded on the 13th day of the 5th month of the 2nd year of Keio, corresponding to the 25th day of June, 1866; the Convention concluded on the 25th day of the 7th month of the 11th year of Meiji, corresponding to the 25th day of July, 1878, and all Arrangements and Agreements subsidiary thereto con¬ cluded or existing between the High Contracting Parties; and from the same date such Treaties, Conventions, Arrangements and Agreements shall cease to be binding, and, in consequence, the jurisdiction then exercised by Courts of the United States in Japan and all the excep¬ tional privileges, exemiitions and immunities then enjoyed by citizens of the United States as a part of, or appurtenant to such jurisdiction, shall absolutely and without notice cease and determine, and thereafter all such jurisdiction shall be assumed and exercised by Japanese Courts. 1519. Article XIX. This Treaty shall go into operation on the 17th day of July, 1899, and shall remain in force for the period of twelve years from that date. APPENDIX NO. III. 605 Either High Contracting Party shall have the right, at any time there¬ after to give notice to the other of its intention to terminate the same, and at the expiration of twelve months after such notice is given this Treaty shall wholly cease and determine. * * ***** KOXGO FREE STATE. Treaty of Amity, Commerce, and Navigation, concluded at Brussels Januay^y 2If., 1891. * * * * »^ * * 1520. Article V. It will be lawful for the two High contracting Parties to appoint and establish consuls, vice-consuls, deputy-consuls, consular agents and commercial agents in the territories of the other; but none of these agents can exercise his functions before having received the necessary exequatur from the Government to which he is delegated. The said agents of each of the two High contracting Parties shall enjoy, in the territories of the other, upon the footing of a complete reciprocity, all the privileges, immunities and rights which are actually granted to those of the most favored nation or which may be accorded to them hereafter. The said agents, citizens or inhabitants of the State by which they are appointed, shall not be subject to preliminary arrest, except in the case of acts qualified as crimes by the local legislation and punished as such. They shall be exempt from military billeting and from service in the army, navy or militia, as well as from all direct taxes, unless these should be due on account of real estate, or unless the said agents should exercise a profession or business of any kind. The said agents can raise their national flag over their offices. The consular offices shall be at all times inviolable. The local authori¬ ties can not invade them under any pretext. They can not in any case examine or seize the papers which shall be there deposited. The con¬ sular office can not, on the other hand, serve as place of asylum, and if an agent of the consular service is engaged in business, commercial or other, the papers relating to the consulate shall be kept separate. The said agents shall have the right to exercise all the functions generally appertaining to consuls, especially in what concerns the legali¬ zation of private and public documents, of invoices and commercial 006 APPENDIX NO. III. contracts, the taking of depositions and the right of authenticating legal acts and documents. The said agents shall have the right to address the administrative and judicial authorities of the country in which they exercise their functions in order to comjdain of any infraction of the treaties or conventions existing between the two Governments, and for the purpose of pro¬ tecting the rights and interests of the citizens and inhabitants of their country. They shall have also the right to settle all differences arising between the captains or the officers and the sailors of the sea-vessels of their nation. The local authorities shall abstain from interfering in these cases unless the maintenance of the public tranquility requires it, or, unless their assistance should be asked by the consular authority in order to assure the execution of its decisions. The local authorities will give to the said agents and, on their default to the captains or their casual representatives, all aid for the search and arrest of sailor-deserters, who shall be kept and guarded in the prisons of the State upon the requisition and at the expense of the con¬ suls or of the captains during a maximum delay of two months. KOIIEA, on CIIOSEX. Treaty concluded May 22, 1882. {Commerce, c£’C.) * * * * * . * * 1521. Article II. After the conclusion of this Treaty of amity and commerce, the High Contracting Powers may each appoint Diplomatic Representatives to reside at the Court of the other, and may each appoint Consular Repre¬ sentatives at the ports of the other, which are open to foreign com¬ merce, at their own convenience. These officials shall have relations with the corresponding local authorities of equal rank upon a basis of mutual equality. The Diplo¬ matic and Consular Representatives of the two Governments shall receive mutually all the privileges, rights, and immunities, without discrimination, which are accorded to the same classes of Representa¬ tives from the most favored nation. Consuls shall exercise their functions only on receipt of an exequatur APPENDIX NO. III. 607 from the Government to which they are accredited. Consular authori¬ ties shall be hona fide officials. No merchant shall be permitted to exercise the duties of the office, nor shall Consular Officers be allowed to engage in trade. At ports to which no Consular Representatives have been appointed, the Consuls of other Powers may be invited to act, pro¬ vided that no merchant shall be allowed to assume Consular functions, or the provisions of this treaty may, in such case, be enforced by the local authorities. If Consular Representatives of the United States in Chosen conduct their business in an improper manner, their exequaturs may be revoked, subject to the approval, previously obtained, of the Diplomatic Repre¬ sentative of the United States. 1522. Article III. ******* If a United States vessel be wrecked on the coast of Chosen, the local authorities, on being informed of the occurrence, shall immediately render assistance to the crew, provide for their present necessities, and take the measures necessary for the salvage of the ship and the i^reserva- tion of her cargo. They shall also bring the matter to the knowledge of the nearest Consular Representative of the United States, in order that steps may be taken to send the crew home and to save the ship and cargo. The necessary expenses shall be defrayed either by the ship’s master or by the United States. 1523. Article IV. All citizens of the United States of America in Chosen, peaceably attending to their own affairs, shall receive and enjoy for themselves and everything appertaining to them, the protection of the local author¬ ities of the Government of Chosen, who shall defend them from all insult and injury of any sort. If their dwellings or property be threat¬ ened or attacked by mobs, incendiaries, or other violent or lawless per¬ sons, the local officers, on requisition of the Consul, shall immediately despatch a military force to disperse the rioters, apprehend the guilty individuals, and punish them with the utmost rigor of the law. Subjects of Chosen, guilty of any criminal act towards citizens of the United States, shall be punished by the authorities of Chosen, according to the laws of Chosen; and citizens of the United States, either on shore G08 APPENDIX NO. III. or in any merchant vessel, who may insult, trouble, or wound the per¬ sons, or in.iure the property of the people of Chosen, shall be arrested and punished only by the Consul or other public functionary of the United States, thereto authorized, according to the laws of the United States. When controversies arise in the Kingdom of Chosen between citizens of the United States and subjects of His Majesty, which need to be ex¬ amined and decided by the public officers of the two nations, it is agreed between the two Governments of the United States and Chosen, that such cases shall be tried by the proper official of the nationality of the defendant, according to the laws of that nation. The properly author¬ ized official of the plaintiff’s nationality shall be freely permitted to attend the trial, and shall be treated with the courtesy due to his posi¬ tion. He shall be granted all proper facilities for watching the proceed¬ ings in the interests of justice. If he so desires, he shall have the right to'^present, to examine, and to cross-examine witnesses. If he is dis¬ satisfied with the proceedings, he shall be permitted to protest against them in detail. It is however mutually agreed and understood between the high con¬ tracting powers, that whenever the King of Chosen shall have so far modified and reformed the statutes and judicial jirocedure of his King¬ dom that, in the judgment of the United States, they conform to the laws and course of justice in the United States, the right of ex-terri¬ torial jurisdiction over United States citizens in Chosen shall be aban¬ doned! and thereafter United States citizens, when within the limits of the Kingdom of Chosen, shall be subject to the jurisdiction of the native authorities. 1524. Article X. The officers and people of either nation residing in the other shall have the right to employ natives for all kinds of lawful work. Should, however, subjects of Chosen, guilty of violation of the law’s of the Kingdom, or against wdiom any action has been brought, conceal themselves in the residences or warehouses of United States citizens, or on board United States merchant vessels, the consular authorities of the United States, on being notified of the fact by the local authorities, will either permit the latter to dispatch constables to make the arrests, or the persons will be arrested by the consular authorities and handed over to the local constables. Officials or citizens of the United States sliall not harbor such persons. APPENDIX NO. III. 609 lilBERIA. Treaty concluded October 21, 1862 {Commerce and Navigation). ******* 1525. Article VII. Each contracting party may appoint Consuls for the protection of trade to reside in the dominions of the other; but no such Consul shall enter upon the exercise of his functions until he shall have been approved and admitted, in the usual form, by the Government of the country to which he is sent. ■X* •X' ^ "Jr ^ ■X' EUBECK. (See Hanseatic Republics.) MADAGASCAR. Treaty concluded May 13, 1881 {Friendship and Commerce). (See Treaty Volume, title Madagascar.) MASKAT. Treaty concluded September 21, 1833 {Amity and Commerce; applies also to Zanzibar, which see). ******* 1526. Article V. If any vessel of the United States shall suffer shipwreck on any part of the Sultan’s dominions, the persons escaping from the wreck shall be taken care of and hospitably entertained, at the expense of the Sultan, until they shall find an opportunity to be returned to their country (for the Sultan can never receive any remuneration whatever for rendering 17824 C R - 39 GIO APPENDIX NO. III. succor to the distressed); and the property saved from such uu-eck shall he carefully preserved and delivered to the owner, or the Consul of the United States, or to any authorized agent- 1527. Article VI. The citizens of the United States resorting to the ports of the Sultan tor the purpose of trade shall have leave to land and reside m the said ports without paying any tax or imposition whatever for such liberty other than the general duties on imports which the most favored nation shall par. Article VII. If any citizens of the United States, or their vessels or other property, shall he taken hv pirates and brought within the doniinions of the Sultan, the persons shall he set at liberty and the property restored to the owner, it he is present, or to the American Consul, or to any authorized agent. * 1529. Article IX. The President of the United States may appoint Consuls to reside in the norts of the Sultan where the principal commerce shall he carried on, which Consuls shall he the e.vclusive judges of all disputes or suits wherein American citizens shall he engaged with each other They shall have power to receive the property of any American citizen dying mt mi the Kingdom, and to send the same to his heirs, first paying all his debts due to the subjects of theSultaii. The said Consuls shall not he arrested nor shall their property he seized, nor shall any of then house lo i arrested, but their persons and property and their houses shall he invio¬ late Should anv Consul, however, commit any offense against the laws of the Kingdom, complaint shall he made to the President, who will iminediately displace him. MKXICO. Treaty conehuM April 5, 1S31 (Amity, Commerce, am! Saviyatioi,). IThis treaty was terminated Novemlair :la, 1S81, by notice given l.y Mexico, Xovem- I)er 3 ), 1880.J 1530. Article XXVIII. In order that the Consuls and Vice-Consuls of the two contracting par¬ ties may enjoy the rights, prerogatives, and immunities which belong to APPENDIX NO. III. 611 them by their character, they shall, before entering upon the exercise of their functions, exhibit their commission or x>atent in due form to the Government to which they are accredited; and having obtained their exequatur, they shall be held and considered as such by all the authori¬ ties, magistrates, and inhabitants of the Consular District in which they reside. It is agreed likewise to receive and admit Consuls and Vice-Con¬ suls in all the ports and x:)laces open to foreign commerce, who shall enjoy therein all the rights, prerogatives, and immunities of the Consuls and Vice-Consuls of the most favored nation, each of the contracting x)arties remaining at liberty to except those i)orts and jdaces in which the admission and residence of such Consuls and Vice-Consuls may not seem expedient. 1531. Article XXIX. It is likewise agreed that the Consuls, Vice-Consuls, their Secretaries, Officers, and persons attached to the service of Consuls, they not being citizens of the country in which the Consul resides, shall be exemxjtfrom all compulsory juiblic service, and also from all kinds of taxes, imposts, and contributions levied sjiecially on them, excejit those which they shall be obliged to pay on account of commerce or their jiroperty, to which the citizens and inhabitants, native and foreign, of the country in which they reside are subject; being in everything besides subject to the laws of their respective States. The archives and x)ai3ers of the Con¬ sulates shall be respected inviolably, and under no pretext whatever shall any magistrate seize, or in any way interfere with them. 1532. Article XXX. The said Consuls shall have jiower to require the assistance of the authorities of the country for the arrest, detention, and custody of deserters from the xuiblic and x)rivate vessels of their country; and for that jiuriiose they shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing, jirov- ing, by an exhibition of the register of the vessel, or shiji’s roll, or other Xmblic documents, that the man or men demanded were part of said crews; and on this demand so proved (saving always where the con¬ trary is proved), the delivery shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, and may be juit in the public prisons at the request and ex^iense of those who reclaim them, to be sent to the vessels to which they belonged, or to others of the same nation. But if they be not sent back within two months, to be counted from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. 012 APPENDIX NO. III. 1533. Article XXXI. For the purpose of more effectually protecting their commerce and navigation, the two contracting parties do hereby agree, as soon here¬ after as circumstances will permit, to form a Consular Convention, which shall declare specially the powers and immunities of the Consuls and Vice-Consuls of the respective parties. MOllOCCO. Treaty concluded September 10, 1S30 {Peace and Friendship). •X* * vf Tf * * 1534. Article XX. If any of the citizens of the United States, or any persons under their protection, shall have any dispute with each other, the Consul shall decide between the parties; and whenever the Consul shall reciuire any aid or assistance from our Government to enforce his decisions, it shall be immediately granted to him. 1535. Article XXL If a citizen of the United States should kill or wound a Moor, or, on the contrary, if a Moor shall kill or wound a citizen of the United States, the law of the country shall take place, and equal justice shall be ren¬ dered, the Consul assisting at the trial; and if any delinquent shall make his escape, the Consul shall not be answerable for him in any manner whatever. 1536. Article XXII. If an American citizen shall die in our country, and no will shall appear, the Consul shall take possession of his effects; and if there shall be no Consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them; but if the heir to the person deceased be present, the property shall be delivered to him without interruption; and if a will shall appear, the property shall descend agreeably to that will, as soon as the Consul shall declare the validity thereof. APPENDIX NO. III. G13 1537. Article XXIII. The Consuls of the United States of America shall reside in any sea¬ port of our dominions that thej shall think proper, and they shall he respected, and enjoy all the privileges which the Consuls of any other nation enjoy; and if any of the citizens of the United States shall con¬ tract any debts or engagements, the Consul shall not be in any manner accountable for them, unless he shall have given a iiromise, in writing, for the payment or fulfilling thereof; without which promise, in writ¬ ing, no application to him for any redress shall be made. ******* Convention betiveen the United States and other powers, for the estahlish- nmit of the right of protection in J/orocco, concluded July 3, 1880. 1538. Article I. The conditions under which protection may be conceded are those established in the British and Spanish treaties with the Government of Morocco, and in the convention made between that Government, France, and other powers in 1863, with the modifications introduced by the pres¬ ent convention. 1539. Article II. Foreign Representatives at the head of a Legation may select their interpreters and employees from among the subjects of Morocco or others. These protected persons shall be subject to no duty, impost or tax whatever, other than those stipulated in Articles XII and XIII. 1540. Article III. Consuls, Vice-Consuls, or Consular Agents having charge of a post, and residing within the territory of the Sultan of Morocco, shall be allowed to select but one interpreter, one soldier, and two servants from among the subjects of the Sultan, unless they may require a native secretary. These protected persons shall, in like manner, be subject to no duty, impost or tax whatever, other than those stipulated in Articles XII and XIII. 014 APPENDIX NO. HI. 1641. Article IV. If a Representative shall appoint a subject of the Sultan to the Office of Consular Agent in a town on the coast, such agent shall be respected and honored, as shall the members of his family occupying the same dwelling with him, and they, like him, shall be subject to no duty, impost or tax whatever, other than those stipulated in Articles XII and XIII; but he shall not have the right to protect any subjects of the Sultan other than the members of his own family. He may. however, for the exercise of his functions, have a protected soldier. . i? i o i Cfficers in acting charge of Vice-Consulates being subjects ot the Sul¬ tan, shall, during the exercise of their functions, enjoy the same rights as Consular Agents who are subjects of the Sultan. 1542. Article V. The Government of Morocco recognizes the right of Ministers, Charges d’Affaires and other Representatives, which is granted to them by treaties, to select the persons whom they employ, either in their own service or that of their Governments, unless such persons shall be sheiks or other employees of the Government of Morocco, such as soldiers of the line or of the cavalry, in addition to the Maghaznias in command of their guard. In like manner they shall not be permitted to employ any subject of Morocco who is under prosecution. It is understood that civil suits commenced before protection shall be terminated before the courts which have instituted such proceedings. The execution of the sentence shall suffer no hindrance. Nevertheless, the local authorities of Morocco shall take care to communicate, ^vith- out delay, the sentence pronounced, to the Legation, Consulate, or Con¬ sular Xgency upon which the protected person is dependent. As to those persons formerly protected, who may have a suit which was commenced before protection was withdrawn from them, then- case shall be tried bv the court before which it was brought. The right of protection shall not be exercised towards persons under prosecution for an offense or crime, before they have been tried bj the authorities of the country, or before their sentence, if any has been pronounced, has been executed. 1543. Article VI. Protection shall extend to the family of the person protected. His dwelling shall be respected. APPENDIX NO. III. 615 It is understood that the family is to consist only of the wife, the children, and the minor relatives dwelling under the same roof. Protection shall not he hereditary. A single exception, which was established by the convention of 1863, but which is not to create a prec¬ edent, shall be maintained in favor of the Benchimol family. Nevertheless, if the Sultan of Morocco shall grant another exception, each of the contracting powers shall be entitled to claim a similar con¬ cession. 1544. Article VII. Foreign representatives shall inform the Sultan's Minister of Foreign Affairs, in writing, of any selections of an employee made by them. They shall furnish annually to the said Minister a list of the names of the persons protected by them or by their Agents throughout the States of the Sultan of Morocco. This list shall be transmitted to the local authorities, who shall con¬ sider as persons enjoying protection only those whose names are contained therein. 1545. Article VIII. Consular Officers shall transmit each year to the authorities of the district in which they reside a list, bearing their seal, of the persons pro¬ tected by them. These authorities shall transmit it to the Minister of Foreign Affairs, to the end that, if it be not conformable to the regula¬ tions, the Representatives at Tangier may be informed of the fact. A Consular Officer shall be required to give immediate information of any changes that may have taken place among the persons protected by his Consulate. 1546. Article IX. Servants, farmers, and other native employees of native secretaries and interpreters shall not enjoy protection. The same shall be the case with Moorish employees or servants of foreign subjects. Nevertheless, the local authorities shall not arrest an employee or servant of a native officer in the service of a Legation or Consulate, or of a foreign subject or protected person, without having notified the authority upon which he is dependent. If a subject of Morocco in the service of a foreign subject shall kill or wound any person, or violate his domicile, he shall be arrested immedi¬ ately, but the Diplomatic or Consular authority under which he is shall be notified without delay. 616 APPENDIX NO. III. 1547. Article X. Nothing is changed with regard to the situation of brokers, as estab¬ lished by the treaties and by the convention of 1863,* except what is stipulated, relative to taxes, in the follo^ving articles: 1548. Article XI. The right to hold property is recognized in Morocco as belonging to all foreigners. The purchase of property must take i^lace with the previous consent of the Government, and the title of such property shall be subject to the forms prescribed by the laws of the country. Any question that may arise concerning this right shall be decided according to the same laws, with the privilege of appeal to the Minister of Foreign Affairs stipulated in the treaties. 1549. Article XII. Foreigners and protected persons who are the owners or tenants of cultivated land, as well as brokers engaged in agriculture, shall pay the agriculture tax. They shall send to their Consul annually an exact statement of what they possess, delivering into his hands the amount of the tax. * Regulations (Translated from the French) relative to protection adopted by com¬ mon consent by the Legation of France and the Government of Morocco^ August 19, 1863, referred to in Article 10. Protection is individual and temporary. It consequently does not in general apply to the relatives of the person protected. It may apply to his family, that is to say, to his wife and children living under the same roof. It lasts at the longest for a person's lifetime and is never hereditary, with the single exception of the Bencliimol family, which has furnished for several generations and still furnishes persons who act in the capacity of Brokers and interpreters for the post of Tangier. Protected persons are divided into two classes. The first class comprises natives employed by the Legation and by the various French consular officers. The second class consists of native factors, brokers, or agents, employed by French merchants for their business affairs. It is proper here to refer to the fact that th<' term merchant is only applied to a person carrying on the import or export trade on a large scale, either in his own name or as the agent of others. The number of native brokers enjoying French protection is limited to two for each commercial house. By way of exception commercial firms having establishments in different ports may have two brokers attached to each of these establishments, who may as such enjoy French jirotection. APPENDIX NO. III. 617 He who shall make a false statement shall be fined double the amount of the tax that he would regularly have been obliged to pay for the property not declared. In case of repeated offense this fine shall be doubled. The nature, method, date, and apportionment of this tax shall form the subject of a special regulation between the Representatives of the Powers and the Minister of Foreign Affairs of His Shereefian Majesty. 1550. Article XIII. Foreigners, protected jiersons, and brokers owning beasts of burden shall pay what is called the gate-tax. The apportionment and the man¬ ner of collecting this tax, which is paid alike by foreigners and natives, shall likewise form the subject of a special regulation between the Rep¬ resentatives of the Powers and the Minister of Foreign Affairs of His Shereefian Majesty. The said tax shall not be increased without a new agreement with the Representatives of the Powers. 1551. Article XIV. The mediation of interpreters, native secretaries, or soldiers of the different Legations or Consulates, when persons are concerned who are under the protection of the Legation or Consulate, shall be iiermitted only when they are the bearers of a document signed by the head of a mission or by the Consular authority. 1552. Article XV. Any subject of Morocco who has been naturalized in a foreign coun¬ try, and who shall return to Morocco, shall after having remained for a length of time equal to that which shall have been regularly necessary for him to obtain such naturalization, choose between entire submission to the laws of the Empire and the obligation to quit Morocco, unless it shall be proved that his naturalization in a foreign country was obtained with the consent of the Government of Morocco. Foreign naturalization heretofore acquired by subjects of Morocco according to the rules established by the laws of each country, shall be continued to them as regards all its effects, without any restriction. 1553. Article XVI. No irregular or unofficial protection shall be granted in future. The authorities of Morocco will recognize no protection, of any kind what¬ ever, save such as is expressly provided for in this convention. 018 APPK>'DIX NO. III. Nevertheless, the exercise of the customary right of protection shall l)e reserved for those cases only in which it may be desired to reward signal services rendered by a native of Morocco to a foreign power, or for other altogether exceptional reasons. The Minister of Foreign Affairs at Tangier shall be previously informed of the nature of the services, and notified of the intention to reward them, in order that he may, if need be, present his observations thereon; yet the final decision shall lie reserved for the Government to which the service shall have been rendered. The number of persons thus protected shall not exceed twelve for each power, and this number is fixed as the maximum unless the consent of the Sultan shall be obtained. The status of iiersons who have obtained protection in virtue of the custom which is henceforth to be regulated by this stipulation shall be without limitation of the number of persons belonging to this class and now so xn’otected, the same for themselves and their families as that which is established for other jirotected xiersons. 1554. Article XVII. The right to the treatment of the most favored nation is recognized by Morocco as belonging to all the jiowers represented at the Madrid con¬ ference. Ml SCAT. (See Mask AT.) XKT IIKRLANDS. Treaty concluded January 22, 1S55 {Consular Privileges in Colonies). 1555. Article I. Consuls-General, Consuls, and Vice-Consuls of the United States of America will be admitted into all the ports in the transmarine possessions or colonies of the Netherlands which are open to the vessels of all nations. 1556. Article II. The Consuls-General, Consuls, and Vice-Consuls of the United States of America are considered as Commercial Agents, protectors of the mari¬ time commerce of their countrymen in the ports within the circumfer¬ ence of their Consular Districts. APPENDIX NO. III. 619 They are subject to the laws, both civil and criminal, of the country in which they reside, with such exceptions as the present convention establishes in their favor. 1557. Article III. The Consuls-Geneial and Consuls, before being admitted to exercif-e their functions, and to enjoy the immunities attached thereto, must pre¬ sent a commission, in due form, to the Government of His Majesty the King of the Netherlands. After having obtained the exequatur, which shall be countersigned as promptly as possible by the governor of the colony, the said Consular Agents shall be entitled to the protection of the Government, and to the assistance of the local authorities, in the free exercise of their functions. The Government, in granting the exequatur, reserves the right of withdrawing the same, or to cause it to be withdrawn by the governor of the colony, on a statement of the reasons for doing so. 1558. Article IV. The Consuls-General and Consuls are authorized to place on the outer door of their Consulates the arms of their Government, with the inscrip¬ tion: “Consulate of the United States of America.” It is well understood that this outward mark shall never be considered as conferring the right of asylum, nor as having the power to exempt the house and those dwelling therein from the prosecution of the local justice. 1559. Article V. It is nevertheless understood that the archives and documents relating to the affairs of the Consulate shall be protected against all search, and that no authority or magistrate shall have the power, under any pretext whatever, to visit or seize them, or to examine their contents. 1560. Article VI. The Consuls-General, Consuls, and Vice-Consuls shall not be invested with any diplomatic character. When a request is to be addressed to the, Netherlands Government, it must be done through the medium of the Diplomatic Agent residing at the Hague, if one be there. The Consul may, in case of urgency, apply to the governor of the colony himself, showing the urgency of the case, and stating the reasons G20 APPENDIX NO. III. why the request cannot be addressed to the subordinate authorities, or that previous applications made to such authorities have not been at¬ tended to. 1561. Article VII. Consuls-General and Consuls shall be free to establish \ ice- Consuls in the ports mentioned in article one, and situated in their Consular districts. The Vice-Consuls may be taken indiscriminately from among the sub¬ jects of the Netherlands, or from citizens of the United States, or of any other country residing or having the privilege, according to the local laws, to fix their residence in the port to which the Vice-Consul shall be named. These Vice-Consuls, whose nominations shall be submitted to the ap¬ proval of the governor of the colony, shall be provided wuth a certificate onven to them by the Consul under whose orders they exercise their functions. The governor of the colony may in all cases withdraw from the Vice- Consuls the aforesaid sanction, in communicating to the Consul-General or Consul of the respective district the motives for his doing so. 1562 Article VIII. Passports delivered or signed by Consuls or Consular Agents do not dispense the bearer from providing himself with all the papers required by the local laws, in order to travel or to establish himself in the colonies. The right of the governor of the colony to prohibit the residence in. or to order the departure from, the colony of any person to whom a passport may have been delivered, remains undisturbed. 1563. Article IX. When a ship of the United States is wrecked upon the coast of the Dutch colonies, the Consul-General, Consul, or Vice-Consul who is pres¬ ent at the scene of the disaster, will, in case of the absence, or vuth the consent of the captain or supercargo, take all the necessary measures for the salvage of the vessel, the cargo, and all that appertains to it. In the absence of the Consul-General, Consul, or Vice-Consul, the Dutch authorities of the place where the wreck has taken place will act in the premises, according to the regulations prescribed by the laws of the colony. 1564. Article X. Consuls-General, Consuls, and Vice-Consuls, may, in so far as the extradition of deserters from merchant-vessels or ships of war shall have APPENDIX NO. III. 021 been stipulated by treaty, request the assistance of the local authorities for the arrest, detention, and imprisonment of deserters from vessels of the United States. To this end, they shall apply to the competent func¬ tionaries, and claim said deserters, in writing, proving by the register of the vessel, the list of the crew, or by any other authentic document, that the persons claimed belong to the crew. The reclamation being thus supported, the local functionaries shall exercise what authority they possess, in order to cause the deserters to be delivered up. These deserters, being arrested, shall be i^laced at the disposal of saitl Consuls, and may be confined in the public i^risons at the request and at the expense of those who claim them, in order that they may be taken to the vessels to which they belong, or to other vessels of the same nation. But if they are not sent back within four months from the day of their arrest, they shall be set at liberty, and shall not again be arrested for the same cause. It is understood, however, that if the deserter be found to have com¬ mitted any crime, offense, or contravention, his extradition may be delayed until the court having cognizance of the matter shall have pro¬ nounced its sentence, and the same has been carried into execution. 1565. Article XL In case of the death of a citizen of the United States, without having any known heirs or testamentary executors, the Dutch authorities who, according to the laws of the colonies, are charged with the administra¬ tion of the estate, will inform the Consuls or Consular Agents of the cir¬ cumstance, in order that the necessary information may be forwarded to parties interested. 1566. Article XII. The Consuls-General, Consuls, and Vice-Consuls, have, in that capac¬ ity, in so far as the laws of the United States of America allow it, the right to be named arbiters in the differences which may arise between the masters and the crews of the vessels belonging to the United States, and this without the interference of the local authorities, unless the con¬ duct of the crew, or of the captain, should have been such as to disturb the order and tranquility of the country, or that the Consuls-General, Consuls, or Vice-Consuls should request the assistance of the said authorities, in order to carry out their decisions or to maintain their authority. 022 APPENDIX NO. III. It is understood, however, that this decision or special arbitrament is not to deprive, on their return, the parties in litigation of the right of appeal to the judiciary authorities of their own country. 1567. Article XIII. The Consuls-G-eneral, Consuls, and Vice-Consuls, who are not subjects of the Netherlands, who, at the time of their appointment, are not estab¬ lished as residents in the Kingdom of the Netherlands or its colonies, and who do not exercise any calling, profession, or trade, besides their Con¬ sular functions, are, in so far as in the United States the same privileges are granted to the Consuls-General. Consuls, and Vice-Consuls of the Netherlands, exempt from militaiy billetings, from personal taxation, and. moreover, from all public or municipal taxes which are considered of a personal character, so that this exemption shall never extend to custom-house duties or other taxes, whether indirect or real. Consuls-General, Consuls, and Vice-Consuls who are not natives or recognized subjects of the Netherlands, but who may exercise conjointly with their Consular functions any profession or trade whatever, are obliged to fulfill duties and pay taxes and contributions, like all Dutch subjects and other inhabitants. The Consuls-General, Consuls, and Vice-Consuls, subjects of the Neth¬ erlands, but to whom it has been accorded to exercise Consular functions conferred by the Government of the United States of America, are obliged to fulfill duties and x>ay taxes and contributions, like all Dutch subjects and other inhabitants. 1568. Article XIV. The Consuls-General, Consuls, and Vice-Consuls of the United States shall enjoy all such other privileges, exemptions, and immunities in the colonies of the Netherlands as may, at any future time, be granted to the agents of the same rank of the most favored nations. -x- -x- * * * * Trcaftj cottclnded d/u/y 23, 1S7S {Rights, Privileges, (oid Pnminiities of Consfdor Officers not appUcahie to coJoities). 1569. Article I. Each of the high contracting ])arties agrees to receive Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, and Consular Agents of 623 APPENDIX NO. III. the other into all its ports, cities, and places, except in those localities where there may he some objection to admitting such officers. This exception, however, shall not be made in regard to one of the high contracting jiarties, without being made likewise in regard to every other Power. 1570. Article II. The Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the two high contracting parties shall be recip¬ rocally received and recognized on producing their commissions in the forms established in their respective countries, and the necessary exequa¬ turs shall be delivered to them free of cost, on exhibiting which they shall enjoy the rights, prerogatives, and immunities which are granted by the present convention. The Government granting the exeiiuatur shall be at liberty to with¬ draw the same on stating the reasons for which it has thought proper so to do. Notice shall be given, on producing the commission, of the extent of the district allotted to the Consular Officer, and subsequently of the changes that may be made in this district. 1571. Article III. The respective Consuls-General, Vice-Consuls-General, Consuls, Vice- Consuls, Consular Agents, Consular Pupils, and Consular Clerks of the high contracting parties, shall enjoy in the two countries all the privi¬ leges, exemptions, and immunities which are enjoyed or which may be hereafter enjoyed by the officers of the same rank of the most favored nation. Such Consular Officers being citizens or subjects of the country which has appointed them shall be exempted from military billeting and contributions, and from all military service by land or by sea, whether in the regular army, in the national or civic guard, or in the militia, and shall enjoy jiersonal immunity from arrest or imprison¬ ment, except for acts constituting crimes or misdemeanors by the laws of the country in which they reside. They shall, moreover, when citi¬ zens or subjects of the country which has appointed them, and provided they be not engaged in commerce or manufactures, likewise be exempt from capitation or sumptuary taxes, and from all other fiscal duties or contributive taxes of a direct or personal character; but this immunity shall not extend to customs, excise, or octroi duties, nor to taxes upon real or personal property which they may acquire or own in the country in which they exercise their functions. 024 APPENDIX NO. III. Consular Officers who engage in commerce shall not plead their Con¬ sular privileges to avoid their commercial liabilities. 1572. Article IV. If the testimony of a Consular Officer, who is a citizen or subject of the State by which he was appointed, and who is not engaged in busi¬ ness, is needed before the courts of either country, he shall be invited in writing to appear in court, and if unable to do so, his testimony shall be requested in writing, or be taken orally at his dwelling or office. To obtain the testimony of such Consular Officer before the courts of the country where he may exercise his functions, the interested party in civil cases, or the accused in criminal cases, shall apply to the com¬ petent judge, who shall invite the Consular Officer, in the manner pre¬ scribed in Section I, to give his testimony. It shall be the duty of said Consular Officer to comply with this request, without any delay which can be avoided. Nothing in the foregoing part of this article, however, shall be con¬ strued to conflict with the provisions of the sixth article of the amend¬ ments to the Constitution of the United States, or with like provisions in the constitutions of the several States, whereby the right is secured to persons charged with crimes to obtain witnesses in their favor, and to be confronted with the witnesses against them. 1573. Article V. Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, and Consular Agents may place above the outer door of their offices, or resi¬ dences, the arms of their nation, together with a proper inscription indicative of their office. They may also display the flag of their coun¬ try over their offices or dwellings, and may hoist their flag upon any vessel employed by them in port in the discharge of their duty. 1574. Article VI. The Consular archives shall be at all times inviolable, and the local authorities shall under no pretext examine or seize the papers belonging thereto. When a Consular Officer is engaged in business, the papers relating to the Consulate shall be kept in a separate inclosure and apart from the papers ])ertaining to his Inisiness. APPENDIX NO. 111. 025 The offices and dwellings of Consular Officers shall in no event be used as places of asylum. 1575. Article VII. > In the event of inability to act, absence or decease of Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, Consular Agents, their Consular Pupils and Consular Clerks, Chancellors or Secretaries, whose official character may have previously been made known to the Depart¬ ment of State at Washington, or to the Minister of Foreign Affairs at the Hague, shall be permitted to take charge ad interim of the business of the Consulate, and while thus acting, and so far as may be compe¬ tent, according to Article III, if foreign citizens not engaged in com¬ merce, shall enjoy all the rights, privileges, and immunities granted to the incumbents. 1576. Article VIII. Consuls-General and Consuls may, with the approval of their respec¬ tive Governments, appoint Vice-Consuls-General, Vice-Consuls, and Consular Agents in the cities, ports, and places within their Consular District. They may appoint as such, without distinction, citizens of the United States, subjects of the Netherlands, or citizens or subjects of other countries. The persons so appointed shall be furnished with a commission, and shall enjoy the privileges, rights, and immunities pro¬ vided for in this Convention in favor of Consular Officers, subject to provisions and limitations as specified in Article III, and in other articles hereof. 1577. Article IX. The Consuls General, Vice-Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the two high contracting parties shall have the right to address the authorities of the respective countries, national or local, judicial or executive, within the extent of their respective Con¬ sular Districts, for the purpose of complaining of any infraction of the treaties or conventions existing between the two countries, or for pur¬ poses of information, or for the protection of the rights and interests of their countrymen. If such application shall not receive proper attention, such Consular Officers may, in the absence of the Diplomatic Agent of their country, apply directly to the Government of the country in which they reside. 17824 C R- 40 C26 APPE^’DIX NO. III. 1578. Article X. Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, or Consular Agents of the two countries, or their Chancellors, shall have the right conformably to the laws and regulations of their country— 1. To take at their office or dwelling, at the residence of the parties, or on hoard of vessels of their own nation, the depositions of the captains and crews, of passengers on board of them, of merchants, or of any other persons. 2. To receive and verify certificates of births and deaths of their coun¬ trymen and of marriages between them, and all unilateral acts, wills, and bequests of their countrymen, and any and all acts of agreement entered upon between subjects or citizens of their own country, and between such subjects or citizens and the subjects or citizens or other inhabitants of the country where they reside, and also all contracts between the latter; provided such unilateral acts, acts of agreement, or contracts relate to property situated or to business to be transacted in the territory of the nation by which the said Consular Officers are appointed. All such acts of agreement and other instruments, and also copies and translations thereof, when duly authenticated by such Consul-General, Vice-Consul-General, Consul, Vice-Consul, or Consular Agent, under his official seal, shall be received in courts of justice as legal documents or as authenticated copies, as the case may be, subject to the provisions of law on such subject, however, in the two countries. 1579 Article XI. Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall have charge of the internal order on board of the merchant vessels of their nation, to the exclusion of all local authori¬ ties. They shall take cognizance of all disputes and determine all dif¬ ferences which may have arisen at sea, or which may arise in port, between the captains, officers, and crews, including disputes concerning wages and the execution of contracts reciprocally entered into. The courts or other authorities of either country shall on no account inter¬ fere in such disputes unless such differences on board ship be of a nature to disturb the public iieace on shore or in port, or unless persons other than the officers and crew are parties thereto. The Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall be at liberty to go, either in person or by APPENDIX NO. III. 027 proxy, on board vessels of their nation admitted to entry, and to exam¬ ine the officers and crews, to examine the ships’ papers, to receive declarations concerning their voyage, their destination, and the inci¬ dents of the voyage; also to draw up manifests and lists of freight or other documents, to facilitate the entry and clearance of their vessels, and finally to accompany the said officers or crews before the judicial or administrative authorities of the country to assist them as their interpreters or agents. 1580. Article XII. The Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the two countries may, resx)ectively, cause to be arrested and sent on board, or cause to be returned to their own country, such officers, seamen, or other persons forming part of the crew of ships-of-war or merchant-vessels of their nation who may have deserted in one of the ports of the other. To this end they shall respectively address the competent national or local authorities in writing and make request for the return of the deserter, and furnish evidence by exhibiting the register, crew list, or other official documents of the vessel, or a copy or extract therefrom, duly certified, that the persons claimed belong to said ship’s company. On such application being made, all assistance shall be furnished for the pursuit and arrest of such deserters, who shall even be detained and guarded in the jails of the country, pursuant to the requisition and at the expense of the Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, or Consular Agents until they find an opportunity to send the deserters home. If, however, no such opportunity shall be had for the space of three months from the day of the arrest, the deserters shall be set at liberty, and shall not again be arrested for the same cause. It is understood that persons who are subjects or citizens of the country within which the demand is made shall be exempted from these provisions. If the deserter shall have committed any crime or offense in the coun¬ try within which he is found, he shall not be placed at the disposal of the Consul until after the proper tribunal having jurisdiction in the case shall have pronounced sentence, and such sentence shall have been executed. 1581. Article XIII. Except in the case of agreement to the contrary, between the owners, freighters, and insurers, all damages suffered at sea by the vessels of G28 APPENDIX NO. III. the two countries, whether they put into port voluntarily or are forced so to do by stress of weather, shall be adjusted by the Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, and Consular Agents of the respective countries. If, however, any inhabitants of the country, or subjects or citizens of a third nation, shall be interested in such damages, and if the parties cannot agree, recourse may be had to the competent local authorities. 1582. Article XIV. All necessary measures connected with the salvage of vessels of the United States which shall have been wrecked on the coasts of the Neth- i erlands, with their cargoes and all that appertains to such vessels, shall be taken by the Consuls-General, Vice-Consuls-General, Consuls, Vice- Consuls, and Consular Agents of the United States, and reciprocally, the Consuls-General, Vice-Consuls-General, Consuls, Vice-Consuls, and Con- | sular Agents of the Netherlands shall take such necessary measures in the case of the wreck of vessels of their country on the coasts of the United States. The local authorities shall not otherwise interfere than for the main¬ tenance of order, the protection of the interests of the salvors, if they do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exportation of the merchandise j saved. i In the absence of and until the arrival of the Consuls-General, Vice- I Consuls-General, Consuls, Vice-Consuls, and Consular Agents, it shall be the duty of the local authorities to take all necessary measures for the preservation of the persons and property on board of the wrecked vessels. It is understood that the merchandise saved is not to be subjected to any custom-houses charges, unless it be intended for consumption in the country where the wreck may have taken place. 1583. Article XV. In case of death of any citizen of the United States in the Netherlands, or of any subject of the Netherlands in the United States, without hav¬ ing in the country of his decease any known heirs, or testimentary exec¬ utors by him appointed, or in case of minority of the heirs, there being no guardian, the competent local authorities shall at once inform the nearest Consular Officer of the nation to which the deceased belongs, of the circumstance, in order that the necessary information may be immediately forwarded to parties interested. APPENDIX NO. III. 629 The said Consular Officer shall have the right to appear personally or by delegate, in all proceedings on behalf of the absent or minor heirs, or creditors, until they are duly represented. 1584. Article XVI. The present convention shall not be applicable to colonies of either of the high contracting parties, and shall not take effect until the twen¬ tieth day after its promulgation in the manner prescribed by the laws of the two countries. It shall remain in force for five years from the date of the exchange of ratifications. In case neither of the contracting parties shall have given notice twelve months before the expiration of the said period, of its desire to terminate this convention, it shall remain in force for one year longer, and so on from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice for its termination. NEW GRANADA. (See Colombia.) NICARAGUA. Treaty concluded June 21,1S67 {Friendship, Commerce, and Navigation.) ******* 1585. Article VIII. * * * * * * * If any citizen of the two high contracting parties shall die without a will or testament in any of the territories of the other, the Minister or Consul, or other Diplomatic Agent, of the nation to which the deceased belonged (or the representative of such Minister or Consul, or other Diplomatic Agent, in case of absence), shall have the right to nominate curators 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 of the deceased, giving proper notice of such nomination to the authorities of the country. * * * * * * * G30 APPENDIX NO. III. 1586. Article X. It shall be free for each of the two high contracting parties to appoint Consuls for the protection of trade, to reside in any of the territories of the other party. But before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; and either of the high contracting parties may except from the residence of Consuls such particular places as they judge fit to be excepted. The Diplomatic Agents of Nicaragua and Consuls shall enjoy in the territories of the United States whatever privileges, exemptions, and immunities are or shall be allowed to the agents of the same rank belong¬ ing to the most favored nations; and in the like manner the Diplomatic Agents and Consuls of the United States in Nicaragua shall enjoy, according to the strictest reciprocity, whatever i)rivileges, exemptions, and immunities are or may be granted in the Republic of Nicaragua to the Diplomatic Agents and Consuls of the most favored nations. ******* ORANGE FREE STATE. Convention concluded December 22, 1871 {Friendship, Commerce, and Extradition). ******* 1587. Article V. The contracting parties give to each other the privilege of having, each in their respective States, Consuls and Vice-Consuls of their own appointment, who shall enjoy the same privileges as those of the most favored nation. But before any Consul or Vice-Consul shall act as such, he shall, in the ordinary form, be approv'ed by the Gov^ernment of the country in which his functions are to be discharged. In their private and business transactions Consuls and Vice-Consuls shall be submitted to the same laws and usages as private individuals, citizens of the place in which they reside. It is hereby understood that in case of offense against the laws by a Consul or Vice-Consul, the Government from which [he received] his APPENDIX NO. III. 631 exequatur may withdraw the same, send him away from the country, or have him punished in conformity with the laws, assigning to the other Government its reason for so doing. The archives and papers belonging to the Consulates shall be invio¬ late, and under no pretext whatever shall any magistrate or other functionary inspect, seize, or in any way interfere with them. 1588. Article VI. Neither of the contracting parties shall impose any higher or other duties upon the importation, exportation, or transit of the natural or industrial products of the other than are or shall be payable upon the like articles being the produce of any other country. 1589. Article VII. Each of the contracting parties hereby engages not to grant any favor in commerce to any nation which shall not immediately be enjoyed by the other party. 1590. Article VIII. The United States of America and the Orange Free State, on requisi¬ tions made in their name through the medium of their respective Diplo¬ matic or Consular Agents, shall deliver up to justice persons who, being charged with the crimes enumerated in the following article, committed within the jurisdiction of the requiring party, shall seek asylum or shall be found within the territories of the other. Provided, That this shall be done only when the fact of the com¬ mission of the crime shall be so established as to justify their appre¬ hension and commitment for trial, if the crime had been committed in the country where the persons so accused shall be found. 1591. Article IX. Persons shall be delivered up, according to the provisions of this con¬ vention, who shall be charged with any of the following crimes, to wit: Murder (including assassination, parricide, infanticide, and poisoning), attempt to commit murder, rape, forgery, or the emission of forged papers, arson, robbery with violence, intim [id] ation or forcible entry of an inhabited house, piracy; embezzlement by public officers, or by per¬ sons hired or salaried to the detriment of their employers, when these crimes are subject to infamous punishment. 632 APPENDIX NO. III. ^ 1592. Article X. The surrender shall be made by executives of the contracting parties, respectively. 1593. Article XL The expense of detention and delivery effected pursuant to the pre¬ ceding articles shall be at tlie cost of the party making the demand. 1594. Article XII. The provisions of the aforegoing articles relating to the surrender of fugitive criminals shall not apply to offenses committed before the date hereof, nor to those of a political character. 1595. Article XIII. ' The present convention is concluded for the period of ten years, from the day of the exchange of the ratifications, and if one. year before the expiration of that period neither of the contracting parties shall have announced, by an official notification, its intention, to the other, to arrest the operations of the said convention, it shall continue binding for twelve months longer, and so on from year to year, until the expiration of the twelve months, which will follow a similar declaration, whatever the time at which it may take place. THE OTTOMAX POllTE. Treaty concluded May 7, 1830 {Commerce and Navigation). ******* 1596. Article II. The Sublime Porte may establish ShaJibenderfi (Consuls) in the United States of America, and the United States may appoint their citizens to be Consuls or Vice-Consuls at the commercial places in the dominions of the Sublime Porte where is shall be found needful to superintend the affairs of commerce. These Consuls or Vice-Consuls shall be furnished Avith herats or firmans; they shall enjoy suitable distinction, and shall have necessary aid and protection. APPENDIX NO. III. G33 1597. Article IV. / If litigations and disputes should arise between subjects of the Sub¬ lime Porte and citizens of the United States, the parties shall not be heard, nor shall judgments be pronounced, unless the American Drago¬ man be present. Causes in which the sum may exceed five hundred piasters shall be submitted to the Sublime Porte, to be decided accord¬ ing to the laws of equity and justice. Citizens of the United States of America, quietly pursuing their commerce, and not being charged or convicted of any crime or offense, shall not be molested; and even when they may have committed some offense they shall not be arrested and put in prison by the local aulliorities, but they shall be tried by their Minister or Consul, and punished according to their offense, following, in this respect, the usage observed towards other Franks.^ 1593. Article V. American merchant-vessels that trade to the dominions of the Sublime Porte may go and come in perfect safety with their own flag; but they shall not take the flag of any other power, nor shall they grant their flag to the vessels of other nations and powers, nor to the vessels of rayahs. The Ministers, Consuls, and Vice-Consuls of the United States shall not protect, secretly or publicly, the rayahs of the Sublime Porte, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent. ******* 1599. Article IX. If any merchant-vessel of either the contracting parties should be wrecked, assistance and protection shall be afforded to those of the crew that may be saved, and the merchandise and effects which it may be possible to save and recover shall be conveyed to the Consul nearest to the place of the wreck, to be by him delivered to the proprietors. Protocol concluded August 11, 187If. (Right of Foreigners to hold real estate in the Ottoman Empire). 1600. Protocol. The law granting foreigners the right of holding real estate doec not interfere with the immunities specified by the treaties, and which will 1 See on the interpretation of this article United States Treaties (1887), pp. 1368 and following. 634 APPENDIX NO. III. continue to protect the person and the movable property of foreigners who may become owners of real estate. As the exercise of this right of possessing real property may induce foreigners to establish themselves in larger numbers in the Ottoman Empire, the Imperial Government thinks it proper to anticipate and to prevent the difficulties to which the application of this law may give rise in certain localities. Such is the object of the arrangements which follow. The domicile of any person residing upon the Ottoman soil being invi¬ olable, and as no one can enter it without the consent of the owner, except by virtue of orders emanating from competent authority and with the assistance of the magistrate or functionary invested with the necessary powers, the residence of foreigners is inviolable on the same principle, in conformity with the treaties, and the agents of the public force cannot enter it without the assistance of the Consul or of the delegate of the Consul of the power on which the foreigner depends. By residence we understand the house of inhabitation and its depend¬ encies; that is to say, the out-houses, courts, gardens, and neighboring inclosures, to the exclusion of all other parts of the property. In the localities distant by less than nine hours’ journey from the Con¬ sular residence, the agents of the public force cannot enter the residence of a foreigner without the assistance of a Consul, as was before said. On his part the Consul is bound to give his immediate assistance to the local authority, so as not to let six hours elapse between the moment which he may be informed and the moment of his departure, or the departure of his delegate, so that the action of the authorities may never be suspended more than twenty-four hours. In the localities distant by nine hours or more than nine hours of travel from the residence of the Consular Agent, the agents of the public force may, on the request of the local authority, and with the assistance of three members of the Council of the Elders of the Commune, enter into the residence of a foreigner, without being assisted by the Consular Agent, but only in case of urgency, and for the search and the proof of the crime of murder, of attempt at murder, of incendiarism, of armed robbery either ^vith infraction or by night in an inhabited house, of armed rebellion, and of the fabrication of counterfeit money, and this entry may be made whether the crime was committed by a foreigner or by an Ottoman sub¬ ject, and whether it took place in the residence of a foreigner or not in his residence, or in any other place. APPENDIX NO. III. 635 These Regulations are not applicable but to the parts of the real estate which constitute the residence, as it has been heretofore defined. Beyond the residence, the action of the police shall be exercised freely and without reserve; but in case a person charged with crime or offense should be arrested, and the accused shall be a foreigner, the immunities attached to his person shall be observed in respect to him. The functionary or the officer charged with the accomplishment of a domiciliary visit, in the exceptional circumstances determined before, and the members of the Council of Elders who shall assist him, will be obliged to make out a proces-verbal of the domiciliary visit, and to com¬ municate it immediately to the superior authority under whose jurisdic¬ tion they are, and the latter shall transmit it to the nearest Consular Agent without delay. A special regulation will be promulgated by the Sublime Porte to de¬ termine the mode of action of the local police in the several cases provided heretofore. In localities more distant than nine hours’ travel from the residence of the Consular Agent, in which the law of the judicial organization of the Velayet may be in force, foreigners shall be tried, without the assist¬ ance of the Consular Delegate, by the Council of Elders, fulfilling the function of justices of the peace, and by the tribunal of the canton, as well for actions not exceeding one thousand piasters as for offenses entailing a fine of five hundred piasters only at the maximum. Foreigners shall have, in any case, the right of appeal to the tribunal of the arrondissement against the judgments issued, as above stated, and the appeal shall be followed and judged with the assistance of the Consul, in conformity with the treaties. The appeal shall always suspend the execution of a sentence. In all cases the forcible execution of the judgments, issued on the con¬ ditions determined heretofore shall not take place without the co-opera¬ tion of the Consul or of his Delegate. The Imperial Government will enact a law which shall determine the rules of procedure to be observed by the parties in the application of the preceding regulations. Foreigners, in whatever locality they may be, may freely submit themselves to the jurisdiction of the Council of Elders or of the tribunal of the canton without the assistance of the Consul in cases which do not exceed the competency of these councils or tribunals, reserving always the right of appeal before the tribunal of the arrondissement, where the G36 APPENDIX NO. III. case may be brought and tried with the assistance of the Consul or his Delegate. The consent of a foreigner to be tried, as above stated, without the assistance of his Consul, shall always be given in writing and in advance of all procedure. It is well understood that all these restrictions do not concern cases which have for their object questions of real estate, which shall be tried and determined under the conditions established by the law. The right of defense and the publicity of the hearings shall be assured in all cases to foreigners who may appear before the Ottoman tribunals, as well as to Ottoman subjects. The preceding dispositions shall remain in force until the revision of the ancient treaties, a revision which the Sublime Porte reserves to itself the right to bring about hereafter by an understanding between it and the friendly powers. PAllAGUAV. Treaty concluded February 4 , 1S50 {Friendship, Commerce, and Naviga¬ tion). ******* 1601. Article X. ******* In the event of any citizen of either of the two contracting parties dying ^vithout ^^’ill or testament in the territory of the other contract¬ ing party, the Consul-General. Consul, or Vice-Consul of the nation to which the deceased may belong, or, in his absence, the representative of such Consul-General, Consul, or Vice-Consul, .shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named by the said Consul-Gen¬ eral, Consul, or Vice-Consul, or his representative. ******* 1602. Article XII. It shall l)e free for each of the two contracting parties to appoint Con¬ suls for the protection of trade, to reside in the territories of the other party; but before any Consul shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent; APPENDIX NO, III 037 and either of the two contracting parties may except from the residence of Consuls such particular places as either of them may judge fit to be excepted. The Diplomatic Agents and Consuls of the United States of America in the territories of the Republic of Paraguay shall enjoy whatever xjrivi- leges, exemptions, and immunities are or may be there granted to the Diplomatic Agents and Consuls of any other nation whatever; and, in like manner, the Diplomatic Agents and Consuls of the Republic of Paraguay in the United States of America shall enjoy whatever privi¬ leges, exemptions, and immunities are or may be there granted to agents of any other nation whatever. * * * * * * * 1603. Article XIV. The citizens of either of the two contracting parties residing in the territories of the other shall enjoy, in regard to their houses, persons, and properties, the protection of the Government in as full and ample a manner as native citizens. In like manner the citizens of each contracting party shall enjoy, in the territories of the other, full liberty of conscience, and shall not be molested on account of their religious belief; and such of those citizens as may die in the territories of the other party shall be buried in the public cemeteries, or in places appointed for the purpose, with suitable decorum and respect. The citizens of the United States of America residing within the ter¬ ritories of the Republic of Paraguay shall be at liberty to exercise, in private and in their own dwellings, or within the dwellings or offices of the Consuls or Vice-Consuls of the United States of America, their religious rites, services, and worship, and to assemble therein for that purpose without hinderance or molestation. ******* PERSIA. Treaty concluded December 13, 1856 {Friendship and Commerce). ******* 1604. Article V. All suits and disputes arising in Persia between Persian subjects and citizens of the United States shall be carried before the Persian tribunal 638 APPENDIX NO. III. to which such matters are usually referred at the place where a Consul or Agent of the United States may reside, and shall be discussed and decided according to equity in the presence of an employe of the Consul or Agent of the United States. All suits and disputes which may arise in the Empire of Persia between citizens of the United States shall be referred entirely for trial and for adjudication to the Consul or Agent of the United States residing in the province wherein such suits and disputes may have arisen, or in the prov¬ ince nearest to it, who shall decide them according to the laws of the United States. All suits and disputes occurring in Persia between the citizens of the United States and the subjects of other foreign jjowers shall be tried and adjudicated by the intermediation of their respective Consuls or Agents. In the United States, Persian subjects in all disputes arising between themselves, or between them and citizens of the United States or for¬ eigners, shall be judged according to the rules adopted in the United States respecting the subjects of the most favored nation. Persian subjects residingin the United States, and citizensof the United States residingin Persia, shall, when charged with criminal offenses,be tried and judged in Persia and the United States in the same manner as are the subjects and citizens of the most favored nation residing in either of the above-mentioned countries. 1605. Article VI. In case of a citizen or subject of either of the contracting parties dying within the territories of the other, his effects shall be delivered up inte¬ grally to the family or partners in business of the deceased; and in case he has no relations or partners, his effects in either country shall be delivered up to the Consul or Agent of the nation of which the deceased was a subject or citizen, so that he may dispose of them in accordance with the laws of his country. 1606. Article VII. For the protection of their citizens or subjects, and their commerce respectively, and in order to facilitate good and e(iuitable relations between the citizens and subjects of the two countries, the two high con¬ tracting parties reserve the right to maintain a Diplomatic Agent at either seat of government, and to name each three Consuls in either country; those of the United States shall reside at Teheran, Bender, Bushir, and Tauris; those of Persia at Washington, New York, and New Orleans. APPENDIX NO. III. 639 The Consuls of the high contracting parties shall reciprocally enjoy in the territories of the other, where their residence shall be established, the respect, privileges, and immunities granted in either country to the Consuls of the most favored nation. The Diplomatic Agent or Consuls in the United States shall not protect, secretly or publicly, the subjects of the Persian Government, and they shall never suffer a departure from the principles here laid down and agreed to by mutual consent. And it is further understood, that if any of those Consuls shall engage in trade, they shall be subjected to the same laws and usages to which private individuals of their nation engaged in commercial pursuits in the same place are subjected. And it is also understood by the high contracting parties that the Diplomatic and Consular Agents of the United States shall not employ a greater number of domestics than is allowed by treaty to those of Russia residing in Persia. ******* PERU. Treaty of Friendship, Commerce, and Navigation, concluded at Lima, August 31, 1887. * * * * * * * 1607. Article XXX. To protect more effectually the commerce and navigation of their respective citizens, the United States of America and the Republic of Peru agree to admit and receive, mutually, consuls and vice-consuls in all their ports open to foreign commerce, who shall enjoy, within their respective consular districts, all the rights, privileges, and immunities of the consuls and vice-consuls of the most favored nation; but to enjoy the rights, prerogatives, and immunities which belong to them in virtue of their public character, the consuls and vice-consuls shall, before exercising their official functions, exhibit to the Government to which they are accredited their commissions or patents in due form, in order to receive their exequatur; after receiving which they shall be acknowl¬ edged in their official characters by the authorities, magistrates and inhabitants of the district in which they reside. The high contracting parties, nevertheless, remain at liberty to except those ports and places G40 APPENDIX NO. III. where the admission and residence of consuls and vice-consuls may not seem to be convenient, provided that the refusal to admit them shall likewise extend to those of all nations. 1608. Article XXXI. The consuls, vice-consuls, their officers and persons employed in their consulates, shall be exeinjit from all public service, and from all kinds of taxes, imposts, and contributions, except those which they shall be lawfully held to pay on account of their property or commerce, and to which the citizens and other inhabitants of the country in which they reside are subject, they being, in other respects, subject to the laws of the respective countries. The archives and papers of the consulates shall be inviolably respected; and no person, magistrate, or other public authority shall, under any pretext, interfere with or seize them. 1609. Article XXXII. The consuls and vice-consuls shall have power to require the assistance of the public authorities of the country in which they reside for the arrest, detention, and custody of deserters from the vessels of war or merchant- vessels of their nation; and where the deserters claimed shall belong to a merchant-vessel, the consuls or vice-consuls must address themselves to the competent authority, and demand the deserters in writing, proving by the .ship’s roll or other public document that the individuals claimed are a part of the crew of the vessel from which it is alleged that they have deserted; but should the individuals claimed form a part of the crew of a vessel of war, the word of honor of a commissioned officer attached to the said vessel shall be sufficient to identify the deserters; and when the demand of the consuls or vice-consuls shall, in either case, be so proved, the delivery of the deserters shall not be refused. The said deserters, when arrested, shall be delivered to the consuls or vice- consuls, or, at the request of these, shall be put in the public prisons, and maintained at the expense of those who reclaim them, to be delivered to the vessels to which they l)elong or sent to others of the same nation; but if the said deserters should not be so delivered or sent within the term of two months, to be counted from the day of their arrest, they shall be set at liberty, and shall not be again apprehended for the same cause. The high contracting parties agree that it shall not be lawful for any public authority or other person within their respective dominions to harbor or protect such deserters. APPENDIX NO. III. G41 1610. Article XXXIII. Until the conclusion of a consular convention, which the high con¬ tracting parties agree to form as soon as may be mutually convenient, it is stipulated, that in the absence of the legal heirs or representatives the consuls or vice-consuls of either party shall be ex-officio the execu¬ tors or administrators of the citizens of their nation who may die within their consular jurisdictions, and of their countrymen dying at sea whose property may be brought within their district. The said consuls or vice-consuls shall call in a justice of the peace or some other judicial authority to assist in taking an inventory of the effects and property left by the deceased, after which the said effects shall remain in the hands of the said consuls or vice-consuls, who shall be authorized to sell immediately such of the effects or property as may be of a perishable nature, and to dispose of the remainder according to the instructions of their respective Governments. And where the deceased has been engaged in commerce or other business, the consuls or vice-consuls shall hold the effects and property so remaining until the expiration of twelve calendar months, during which time the creditors, if any, of the deceased, shall have the right to present their claims and demands against the said effects and property; and all questions arising out of such claims or demands shall be decided by the laws of the country wherbin the said citizens may have died. It is understood, nevertheless, that if no claim or demand shall have been made against the effects and property of an individual so deceased, the consuls or vice-consuls, at the expiration of the twelve calendar months, may close the estate and dispose of the effects and property in accordance with the instructions from their own Governments. ******* PORTUGAL. Treaty concluded August 26. I 840 {Commerce ayid Navigation.) ******* 1611. Article X. The two contracting parties shall have the liberty of having, each in the ports of the other, Consuls, Vice-Consuls, Agents, and Commissaries of their own appointment, who shall enjoy the same privileges and 17824 C R-41 642 APPENDIX NO. III. powers as those of the most favored nation. But, before any Consul, Vice-Consul, Agent, or Commissary shall act as such, he shall, in the usual form, be approved and admitted by the Government to which he is sent. But if any such Consuls shall exercise commerce, they shall be sub¬ mitted to the same laws and usages to which the private individuals of their nation are submitted, in the same place, in respect of their com¬ mercial transactions. And it is hereby declared that, in case of offense against the laws, such Consul, Vice-Consul, Agent, or Commissary may either be pun¬ ished according to law, or be sent back, the offended Government assigning to the other reasons for the same. The archives and papers of the Consulate shall be respected invio¬ lably; and under no pretext whatever shall any magistrate seize or in an}" way interfere with them. The Consuls, Vice-Consuls, and Commercial Agents shall have the right as such to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the inter¬ ference of the local authorities, unless the conduct of the crews, or of the captains, should disturb the order or the tranquility, or offend the laws of the country; or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported. It is, however, understood, that this species of judgment, or arbitra¬ tion, shall not dej^rive the contending parties of the right they have to resort, on their return, to the judicial authorities of their country. 1612. Article XL The said Consuls, Vice-Consuls, and Commercial Agents are author¬ ized to require the assistance of the local authorities for the search, arrest, detention, and impri.somnent of the deserters from the ships of war and merchant-vessels of their country. For this purpose they shall ai)ply to the competent tribunals, judges, and officers, and shall, in writing, demand the said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by any other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surren¬ der shall be made without delay. APPENDIX NO. III. G43 Such deserters, when arrested, shall be i)laced at the disposal of the said Consuls, Vice-Consuls, or Commercial Agents, and maybe confined in the public prisons at the request and cost of those who shall claim them, in order to be detained until the time when they shall be restored to the vessels to which they belonged, or sent back to their own country by a vessel of the same nation, or any other vessel whatsoever. But if not sent back within four months from the day of their arrest, they shall be set at liberty, and shall not be again arrested for the same cause. However, if the deserter shall be found to have committed any crime or offense, the surrender may be delayed until the tribunal before which his case shall be i^ending shall have pronounced its sentence and such sentence shall have been carried into effect. ******* HOLMAN I A. Consular convention, concluded June 5, 1881. 1613. Article I. Each of the high contracting parties agrees to receive from the other, Consuls-General, Consuls, Vice-Consuls and Consular Agents, in all its ports, cities, and places except those where it may not be convenient to recognize such officers. This reservation, however, shall not apply to one of the high contracting parties without also applying to every other power 1614. Article II. The Consuls-General, Consuls, Vice-Consuls and Consular Agents of each of the two high contracting parties shall enjoy reciprocally, in the States of the other, all the privileges, exemptions, and immunities that are enjoyed by officers of the same rank and quality of the most favored nation. The said officers, before being admitted to the exercise of their functions and the enjo>unent of the immunities thereto pertaining, shall present their commissions in the forms established in their respective countries. The Government of each of the two high contracting powers shall furnish them the necessary exequatur free of charge, and, on the exhibition of this instrument they shall be permitted to enjoy the rights, privileges, and immunities granted by this convention. G44 APPENDIX NO. III. 1615. Article III. Consuls-General, Consuls, Vice-Consuls and Consular Agents, citizens of the State hy which they are appointed, shall be exempt from prelimi¬ nary arrest except in the case of offenses which the local legislation (lualifies as crimes and punishes^ as such; they shall be exempt from military billetings, from service in the regular army or navy, in the militia, or in the national guard; they shall likewise be exempt from all direct taxes, national, state or municipal, imposed upon persons, either 111 the nature of capitation tax or in respect to their property, unless such taxes become due on account of the possession of real estate, or for interest on capital invested in the country where the said officers exercise their functions. This exemption shall not, however, apply to Consuls-General, Consuls, Vice-Consuls, or Consular Agents engaged in any profession, business, or trade, but the said officers shall in such case be subject to the payment of the same taxes that would be jiaid by any other foreigner under the like circumstances. It is understood that the respective Consuls, if they are merchants, shall be entirely submitted, as far as concerns preliminary arrest for commercial acts, to the legislation of the country in which they exercise their functions. 1616. Article IV. When a court of one of the two countries shall desire to receive the judicial declaration or de])Osition of a Consul-General, Consul, Vice- Consul, or Consular Agent, who is a citizen of the State which appointed him, and who is engaged in no commercial business, it shall request him, in writing, to appear before it, and in case of his inability to do so, it shall request him to give his testimony in writing, or shall visit his residence or office to obtain it orally. It shall be the duty of such officer to comply with this request with as little delay as possible. In all criminal cases, contemplated by the sixth article of the amend¬ ments to the Constitution of the United States, whereby the right is secured tf) persons charged with crimes to obtain witnesses in their favor, the appearance in court of said Consular Officer shall be demanded, with all possible regard to the Consular dignity and to the duties of his office. A similar treatment shall also be extended to the Consuls of the United States in Roumania in the like cases. APPENDIX NO. III. G45 1617. Article V. Consuls-General, Consuls, Vice-Consuls, and Consular Agents may place over the outer door of their offices the arms of their nation, with this inscription: Consulate-General, or Consulate, or Vice-Consulate, or Consular Agency of the United States, or of Roumania. They may also raise the flag of their country on their offices, except in the capital of the country when there is a legation there. They may, in like manner, raise the flag of their country over the boat employed by them in the port for the exercise of their functions. 1618. Article VI. The Consular Offices shall at all times be inviolable. The local au¬ thorities shall not, under any pretext, invade them. In no case shall they examine or seize the papers there deposited. In no case shall those offices be used as places of asylum. When a Consular Officer is engaged in other business, the papers relating to the Consulate shall be kejit separate. 1619. Article VII. In the event of the death, incapacity, or absence of Consuls-General, Consuls, Vice-Consuls, and Consular Agents, their Chancellors or Secre¬ taries, whose official character may have previously been made known to the Department of State at Washington, or to the Ministry of Foreign Affairs in Roumania, may temporarily exercise their functions, and while thus acting they shall enjoy all the rights, prerogatives, and immuni¬ ties granted to the incumbents. 1620. Article VIII. Consuls-General and Consuls may, so far as the laws of their country allow, with the approbation of their respective Governments, appoint Vice-Consuls and Consular Agents in the cities, ports, and jdaces within their Consular jurisdiction. These Agents may be selected from among citizens of the United States, Roumanians, or citizens of other countries. They shall be furnished with a regular commission, and shall enjoy the privileges stipulated for Consular Officers in this convention, subject to the exceptions specified in Articles III and IV. 1621. Article IX. Consuls-General, Consuls, Vice-Consuls, and Consular Agents shall have the right to address the administrative and judicial authorities, G40 APPENDIX NO. III. whether in the United States, of the Union, the States, or the munici¬ palities, or in Roiimania, of the State, the district, or the commune, throughout the whole extent of their Consular jurisdiction, in order to complain of any infraction of the treaties and conventions between the United States and Roumania, and for the purpose of protecting the rights and interests of their countrymen. If the complaint should not be sat¬ isfactorily redressed, the Consular Officers aforesaid, in the absence of a Diplomatic Agent of their country, may apply directly to the Govern¬ ment of the country where they exercise their functions. 1622. Article X. Consuls-General, Consuls, Vice-Consuls, and Consular Agents may take at their offices, at their private residence, at the residence of the 1 parties, or on board ship, the depositions of the captains and crews of 1 vessels of their own country, of passengers on board of them, and of any ! other citizen of their nation. They may also receive at their offices, conformably to the laws and regulations of their country, all contracts between the citizens of their country and the citizens or other inhabit¬ ants of the country where they reside, and even all contracts between the latter, provided they relate to property situated or to business to be i transacted in the territory of the nation to which the said Consular Officer may belong. Such papers and official documents of every kind, whether in the original, in copies or in translation, duly authenticated and legalized by the Consuls-General, Consuls, Vice-Consuls, and Consular Agents, and ' sealed with their official .seal, shall be received as legal documents in courts of justice throughout the United States and Roumania. 1623. Article XI. ( The respective Consuls-General, Consuls, Vice-Consuls, and Consular | Agents shall have exclusive charge of the internal order of the merchant- j vessels of their nation, and shall alone take cognizance of all differences ’ which may arise, either at sea or in port, between the captains, officers, and crews, vdthout exception, particularly in I’eference to the atljust- ment of wages and the execution of contracts. The local authorities shall not interfere except when the di.sorder that has arisen is of such a ' nature as to disturb tranquillity and public order on shore, or in the port, or when a i)erson of the country or not belonging to the crew shall be concerned therein. APPENDIX NO. III. 647 In all other cases, the aforesaid authorities shall confine themselves to lending aid to the Consuls and Vice-Consuls or Consular Agents, if they are requested by them to do so, in causing the arrest and imprisonment of any person whose name is inscribed on the crew-list, whenever, for any cause, the said officers shall think proper. 1624. Article XII. The respective Consuls-General, Consuls, Vice-Consuls, and Consular Agents may cause to be arrested the officers, sailors, and all other per¬ sons making part of the crews, in any manner whatever, of ships of war, or merchant vessels of their nation, who may be guilty, or be accused, of having deserted said ships and vessels, for the jiurpose of sending them on board or back to their country. To this end they shall address the competent local authorities of the respective countries, in writing, and shall make to them a written request for the deserters, supporting it by the exhibition of the register of the vessel and list of the crew, or by other official documents, to show that the persons claimed belong to the said ship’s company. Upon such request thus supported, the delivery to them of the desert¬ ers cannot be refused, unless it should be duly jiroved that they were citizens of the country where their extradition is demanded at the time of their being inscribed on the crew-list. All the necessary aid and pro¬ tection shall be furnished for the pursuit, seizure, and arrest of the deserters, who shall even be put and kept in the prisons of the country, at the request and expense of the Consular Officers, until there may be an opportunity for sending them away. If, however, such an oppor¬ tunity should not present itself within the space of three months, count¬ ing from the day of the arrest, the deserters shall be set at liberty, nor shall they again be arrested for the same cause. If the deserter has committed any misdemeanor, and the court having the right to take cognizance of the offense shall claim and exercise it, the delivery of the deserter shall be deferred until the decision of the court has been pronounced and executed. 1625. Article XIII. In the absence of an agreement to the contrary between the owners, freighters, and insurers, all damages suffered at sea by the vessels of the two countries, whether they enter port voluntarily or are forced by stress of weather, shall be settled by the Consuls-General, Consuls, Vice-Con¬ suls, and Consular Agents of the respective countries. If, however, any 648 APPENDIX NO. III. inhabitant of the country, or citizen or subject of a third power, shall be interested in the matter, and the jiarties cannot agree, the competent local authorities shall decide. 1626. Article XIV. All jiroceedings relative to the salvage of vessels of the United States wrecked upon the coasts of Roumania, and of Roumanian vessels wrecked upon the coasts of the United States, shall be directed by the Consuls-General, Consuls, and Vice-Consuls of the two countries respec¬ tively, and, until their arrival, by the respective Consular Agents, wher¬ ever an agency exists. In the places and ports where an agency does not exist, the local authorities, until the arrival of the Consul in whose district the wreck may have occurred, and who shall be immediately informed of the occurrence, shall take all necessary measures for the protection of persons and the preservation of wrecked xiroperty. The local authorities shall not otherwise interfere than for the main¬ tenance of order, the jirotection of the interests of the salvors if these do not belong to the crews that have been wrecked, and to carry into effect the arrangements made for the entry and exiiortation of the merchandise saved. It is understood that such merchandise is not to be subjected to any custom-house charges, unless it be intended for consumxition in the country where the wreck may have taken jdace. The intervention of the local authorities in these different cases shall occasion no exiiense of any kind, except such as may be caused by the ojierations of salvage and the i)reservation of the goods saved, together with such as would be incurred under similar circumstances by vessels of the nation. 1627. Article XV. In case of the death of any citizen of the United States in Roumania. or of any Roumanian in the United States, without having any known heirs or testamentary executor by him appointed, the comiietent local authorities shall give information of the circumstance to the Consuls or Consular Agents of the nation to which the deceased belongs, in order that the necessary information may be immediately forwarded to jiarties interested. Consuls-General,Consuls, Vice-consuls, and Consular Agents shall have the right to ai)pear, i)ersonally or by delegate, in all proceedings on behalf of the absent or minor heirs or creditors, until they are duly rex)re8ented. APPENDIX NO. III. 649 1628. Article XVI. The present convention shall remain in force for the space of ten years, counting from the day of the exchange of the ratifications, which shall be made in conformity with the respective constitutions of the two countries and exchanged at Bucharest as soon as possible. In case neither party gives notice, twelve months before the expira¬ tion of the said period of ten years, of its intention not to renew this convention, it shall remain in force one year longer, and so on from year to year, until the expiration of a year from the day on which one of the parties shall have given such notice. RUSSIA. Treaty concluded December G-18, 1S32 {Navigation and Comnier'ce). ******* 1629. Article VIII. The two contracting parties shall have the liberty of having in their respective ports Consuls, Vice-Consuls, Agents, and Commissaries of their own appointment, who shall enjoy the same privileges and powers as those of the most favored nations. But if any such Consul shall exercise commerce, he shall be submitted to the same laws and usages to which the private individuals of their nation are submitted, in the same place. The Consuls, Vice-Consuls, and Commercial Agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the inter¬ ference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or the tranquillity of the country, or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or sup¬ ported. It is, however, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of their country. 1630. Article IX. > The said Consuls, Vice-Consuls, and Commercial Agents are authorized to require the assistance of the local authorities for the search, arrest, 650 APPENDIX NO. III. detention, and imprisonment of the deserters from the ships of war and merchant-vessels of their country. For this purpose they shall apply to the competent tribunals, judges, and officers, and shall, in writing, demand said deserters, proving by the exhibition of the registers of the vessels, the rolls of the crews, or by other official documents, that such individuals formed part of the crews; and this reclamation being thus substantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls, Vice-Con¬ suls, or Commercial Agents, and may be confined in the public prisons at the request and cost of those who shall claim them, in order to be detained. TIIPl 8AMOAX 18LAXDS. Treaty concluded January 17, 1S78 {Friendship and Commerce). ******* 1631. Article IV. All disputes between citizens of the United States in the Samoan Islands, whether relating to civil matters or to offenses or crimes, shall be heard and determined by the Consul of the United States at Apia, Samoa, under such regulations and limitations as the United States maj" provide; and all disputes between citizens of the United States and the people of those islands shall be heard by that Consul in conjunction with such officer of the Samoan Government as may be designated for that puriiose. Crimes and offenses in cases where citizens of the United States may be convicted shall be punished according to the laws of their country; and in cases where the people of the Samoan Islands may be con\dcted, they shall be punished pursuant to Samoan laws and by the authorities of that country. General act by and between the United States, Germany, and Great Brit¬ ain providing for the neutrality and autonomous government of the Samoan Islands, concluded June 11^, 1889. [Printed copies of this act may be had on application to the Depart¬ ment of State.] APPENDIX NO. III. 651 SERBIA. Consular convention, concluded October 2-lIf., 1881. [Text of this convention same as that concluded June 5, 188i, with Roumania, ante, paragraphs 1613 to 1628.] SIAM. Treaty concluded May 29, 1856 {Peace and Friendship), 1632. Article I. There shall henceforward he perpetual peace and friendship between the United States and their Majesties the first and second Kings of Siam and their successors. All American citizens coming to Siam shall receive from the Siamese Government full protection and assistance to enable them to reside in Siam in all security, and trade with every facility, free from oppression or injury on the part of the Siamese. Inasmuch as Siam has no ships trading to the ports of the United States, it is agreed that the ships of war of the United States shall render friendly aid and assistance to such Siamese vessels as they may meet on the high seas, so far as can be done without a breach of neutrality; and all American Consuls residing at ports visited by Siamese vessels shall also give them such friendly aid as may be permitted by the laws of the respective countries in which they reside. 1633. Article II. The interests of all American citizens coming to Siam shall be placed under the regulations and control of a Consul, who will be appointed to reside at Bangkok. He will himself conform to and will enforce the observance by American citizens of all the provisions of this treaty, and such of the former treaty, negotiated by Mr. Edmund Roberts in 1833, as shall still remain in operation. He shall also give effect to all rules and regulations as are now or may hereafter be enacted for the govern¬ ment of American citizens in Siam, the conduct of their trade, and for the prevention of violations of the laws of Siam. Any disputes arising between American citizens and Siamese subjects shall be heard and C52 ArrENDIX NO. III. determined by the Consul, in conjunction with the proper Siamese offi¬ cers, and criminal offenses will be punished, in the case of American offenders by the Consul according to American laws, and in the case of Siamese offenders by their own laws, through the Siamese authorities. But the Consul shall not interfere in any matters referring solely to Sia¬ mese; neither will the Siamese authorities interfere in questions which only concern the citizens of the United States. 1634. Article III. If Siamese in the employ of American citizens offend against the laws of their country, or if any Siamese having so offended, or desiring to ■ desert, take refuge with American citizens in Siam, they shall be searched for, and, upon proof of their guilt or desertion, shall be deliv¬ ered up by the Consul to the Siamese authorities. In like manner, any American offenders, resident or trading in Siam, who may desert, escape to, or hide themselves in Siamese territory, shall be apprehended and delivered over to the American Consul on his requisition. 1635. Article IV. American citizens are permitted to trade freely in all the sea-ports of Siam, but may reside permanently only at Bangkok, or vuthin the limits assigned by this treaty. American citizens coming to reside at Bangkok may rent land and buy or build liouses, but cannot purchase land within the circuit of two hundred sencj (not more than four miles English) from the city walls, until they shall have lived in Siam for ten years, or shall obtain special authority from the Siamese Government to enable them to do so. But, with the exception of this limitation, American residents in Siam may, at any time, buy or rent houses, lands, or plantations situated anywhere within a distance of twenty-four hours’ journey from the city of Bangkok, to be computed by tlie rate at which boats of the country can travel. In order to obtain possession of such lands or houses it will be necessary that the American citizen shall, in the first place, make application through tiie Consul to the proper Siamese officer, and the Siamese officer and the Consul, having satisfied themselves of the honest intentions of the applicant, will assist him in settling, upon eciuitable terms, the amount of the purchase-money, will make out and fix the ))ouudaries of the property, and will convey the same to the American APPENDIX NO. III. 653 purchaser under sealed deeds, whereupon he and his property shall he placed under the protection of the governor of the district, and that of the particular local authorities. He shall conform in ordinary matters to any just direction given him by them, and will be subject to the same taxation that is levied on Siamese subjects. But if, through negligence, the want of capital, or other cause, an American citizen should fail to commence the cultivation or improvement of the lands so acquired within a term of three y^ ars from the date of receiving possession thereof, the Siamese Government shall have the power of resuming the property upon returning to the American citizen the purchase-money paid by him for the same. ******* 1636. Article VI. American ships of war may enter the river and anchor at Paknam; but they shall not proceed above Paknam unless with the consent of the Siamese authorities, which shall be given where it is necessary that a ship shall go into dock for repairs. Any American ships of war convey¬ ing to Siam a public functionary, accredited by the American Govern¬ ment to the court of Bangkok, shall be allowed to come up to Bangkok, but shall not pass the forts called Phrachamit and Pit-pach-nuck, unless expressly permitted to do so by the Siamese Government. But in the absence of an American ship of war, the Siamese authorities engage to furnish the Consul with a force sufficient to enable him to give effect to his authority over American citizens and to enforce discipline among American shipping. ******* 1637. Article VIII. The code of regulations appended to this treaty shall be enforced by the Consul, with the co-operation of the Siamese authorities; and they, the said authorities and Consuls, shall be enabled to introduce any fur¬ ther regulations which may be found necessary in order to give effect to the objects of this treaty. All fines and penalties inflicted for infraction of the provisions and regulations of this treaty shall be paid to the Siamese Government. ******* .654 APPENDIX NO. III. General regulations under which American trade is to he conducted in Siam. 1638. Regulation first. The master of every American ship coming to Bangkok to trade must, either before or after entering the river, as may be found convenient, report the arrival of his vessel at the custom-house at Paknam, together with the number of his crew and guns, and the port from whence he comes. Upon anchoring his vessel at Paknam, he will deliver into the custody of the custom-house officers all his guns and ammunition, and a custom-house officer will then be appointed to the vessel, and will proceed in her to Bangkok. ^ 1639. Regulation second. A vessel passing Paknam without discharging her guns and ammuni¬ tion, as directed in the foregoing regulation, will be sent back to Pak¬ nam, to comply with its provisions, and will be fined eight hundred ticals for having so disobeyed. After delivery of her guns and ammu¬ nition she will be permitted to return to Bangkok to trade. 1640. Regulation third. When an American vessel shall have cast anchor at Bangkok, the master, unless a Sunday should intervene, will, within four and twenty liours after arrival, proceed to the American Consulate and deposit there his ship's papers, bills of lading, &c., together with a true manifest of his import cargo; and upon the Consul’s reporting these i)articulars to the custom-house, permission to break bulk will at once be given by the latter. For neglecting so to report his arrival, or for presenting a false mani¬ fest, the master will .subject himself, in each instance, to a penalty of four hundred ticals; but he will be allowed to correct, within twenty- four hours after delivery of it to the Consul, any mistake he may discover in his manifest, without incurring the above-mentioned penalty. • By a decree of the Siamese Government, dated December 17,1867, regnlation first is .so far modified as to require the deposit of powder only, the f^uas being allowed to remain on board. APPENDIX NO. III. 655 1641. Regulation fourth. An American vessel breaking bulk and commencing to discharge before due permission shall be obtained, or smuggling, either when in the river or outside the bar, shall be subject to the penalty of eight hun¬ dred ticals, and confiscation of the goods so smuggled or discharged. 1642. Regulation fifth. As soon as an American vessel shall have discharged her cargo, and completed her outward lading, paid all her duties, and delivered a true manifest of her outward cargo to the American Consul, a Siamese port clearance shall be granted her, on application from the Consul, who, in the absence of any legal impediment to her departure, will then return to the master his ship's papers, and allow the vessel to leave. A cus¬ tom-house officer will accompany the vessel to Paknam, and on arriving there she will be inspected by the custom-house officers of that station, and will receive from them the guns and ammunition previously deliv¬ ered into their charge. 1643. Regulation sixth. The American Plenipotentiary having no knowledge of the Siamese language, the Siamese Government have agreed that the English text of these regulations, together with the treaty of which they form a portion, and the tariff hereunto annexed, shall be accepted as conveying, in every respect, their true meaning and intention. 1644. Regulation seventh. All American citizens intending to reside in Siam shall be registered at the American Consulate; they shall not go out to sea nor proceed beyond the limits assigned by the treaty for the residence of American citizens without a passport from the Siamese authorities, to be applied for by the American Consul; nor shall they leavb Siam if the Siamese authorities show to the American Consul that legitimate objections exist to their quitting the country. But within the limits appointed under Article IV of the treaty, American citizens are at liberty to travel to and fro, under the protection of a pass to be furnished them by the Ameri¬ can Consul, and counter-sealed by the proper Siamese officer, stating in the Siamese character their names, calling, and description. The Sia¬ mese officers at the government stations in the interior may at any time 050 APPENDIX NO. III. call for the production of this pass; and immediately on its being exhib¬ ited, they must allow the parties to proceed; but it will be their duty to detain those persons who, by traveling without a i)ass from the Consul, render themselves liable to the suspicion of their being deserters, and such detention shall be immediately reported to the Consul. [For agreement concluded May 14, 1884, between the United States and Siam, regulating the liquor traffic in Siam, see United States Treaties (1887),pp. 1003 and following.] SPAIX. Treaty concluded Oetober 21,1795 {Friendship, Limits, and Navigation). ******* 1645. Article XIX. Consuls shall be recii>rocally established, with the privileges and pow¬ ers which those of the most favored nations enjoy, in the ports where their Consuls reside or are permitted to be. ******* Treaty concluded February 22, IS 19 {Amity, Settlement, and Limits). ******* 1646. Article XIII. Both contracting parties, wishing to favor their mutual commerce, by affording in their ports every necessary assistance to their respective merchant-vessels, have agreed that the sailors who shall desert from their vessels in the ports of the other shall be arrested and delivered up, at the instance of tlie Consul, who shall prove, nevertheless, that the deserters belonged to the vessels that claimed them, exhibiting the docu¬ ment that is customary in their nation; that is to say, the American Con¬ sul in a Spanish port shall exhibit the document known by the name of articles, and the Si)anish Consul in American ])orts the roll of the ves¬ sel; and if the name of the deserter or deserters who are claimed shall appear in the one or the other, they shall be arrested, held in custody, and delivered to the vessel to which they shall belong. APPENDIX NO. III. G57 SWETIKX AXI) XOIIWAY. Treaty concluded July Jf., 1827 {Commerce and Navigation). * -x- * * * * * 1647. Article XIII. Each of the high contracting jiarties grants to the other tlie privilege of appointing, in its commercial ports and jilaces, Consuls, Vice-Con¬ suls, and Commercial Agents, who shall enjoy the full protection, and receive every assistance necessary for the due exercise of their func¬ tions; but it is expressly declared that, in case of illegal or imijroper conduct with respect to the laws or government of the country in which said Consuls, Vice-Consuls, or Commercial Agents shall reside, they may be prosecuted and punished conformably to the laws, and deprived of the exercise of their functions by the offended Government, which shall acquaint the other with its motives for having thus acted; it being understood, however, that the archives and documents relative to the affairs of the Consulate shall be exempt from all search, and shall be carefully preserved under the seals of the Consuls, Vice-Consuls, or Commercial Agents, and of the authority of the place where they may reside. The Consuls, Vice-Consuls, or Commercial Agents, or the persons duly authorized to supply their iilaces, shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities, unless the conduct of the crew or of the captain should disturb the order or tranquillity of the country; or the said Consuls, Vice-Consuls, or Commercial Agents should require their assistance to cause their decisions to be carried into effect or supported. It is, how¬ ever, understood that this species of judgment or arbitration shall not deprive the contending parties of the right they have to resort, on their return, to the judicial authority of the country. 1648. Article XIV. The said Consuls, Vice-Consuls, or Commercial Agents are authorized to require the assistance of the local authorities for the arrest, detention, and imprisonment of the deserters from the ships of war and merchant- vessels of their country; and, for this purpose, they shall apply to the 1782-1: C R-42 C58 APPENDIX NO. III. competent tribunals, judges, and officers, and shall, in wunting, demand said deserters, proving, by the exhibition of the registers of the vessels, the rolls of the crew, or by other official documents, that such individ¬ uals formed part of the crews, and on this reclamation being thus sub¬ stantiated, the surrender shall not be refused. Such deserters, when arrested, shall be placed at the disposal of the said Consuls. Vice-Consuls, or Commercial Agents, and may be confined in the jniblic prisons, at the request and cost of those who claim them, in order to be sent to the vessels to which they belonged, or to others of the same country. But if not sent back within the space of two months, reckoning from the day of their aiTest, they shall be set at liberty, and shall not be again arrested for the same cause. It is understood, however, that if the deserter should be found to have committed any crime or offense, his surrender may be delayed iintil the tribunal before which the case shall be depending shall have pronounced its sentence, and such sentence shall have been carried into effect. ******* SWISS C()> FK1>ERATK)X. Cupcluded November ^5, IS50 {Friendship, Commerce, and for the Sur¬ render of Fugitive Criminals). * * * * * * * 1649. Article VII. The contracting parties give to each other the privilege of having, each, in the large cities and important commercial places of their respective States. Consuls and Vice-Consuls of their own appointment, who shall enjoy the same privileges and powers, in the discharge of their duties, as those of the most favored nations. But before any Consul or Vice-Consul shall act as such, he shall in the ordinary form be approved of by the Government to which he is commissioned. In their private and business transactions Consuls and Vice-Consuls shall l>e submitted to the same laws and usages as private individuals, citizens of the place in which they reside. It is hereby understood that in case of offense against the laws by a Consul or Vice-Consul, the Government to which he is commissioned may. according to circumstances, withdraw his exe«iuatur, send him appendix no. III. 659 away from the country, or have him punished in conformity with the laws, assigning to the other Government its reasons for so doing. The archives and papers belonging to the Consulates shall be respected inviolably, and under no pretext whatever shall any magistrate or other functionary visit, seize, or in any way interfere with them. ******* TOXGA. Treaty of Amity, Commerce, and Navigation, concluded October 2, 1886. 1650. Article X. Should any member of the ship's company desert from a vessel-of-war or merchant vessel of either of the High Contracting Parties, while such vessel is within the territorial jurisdiction of the other, the local authori¬ ties shall render all lawful assistance for the apprehension of such deserter, on application to that effect made by Consul of the High Con¬ tracting Party concerned, or if there be no Consul, then by the master of the vessel. 1651. Article XI. Each of the High Contracting Parties may appoint Consuls, Vice- Consuls, Commercial Agents, and Vice-Commercial Agents, for the pro¬ tection of trade, to reside in the territory of the High Contracting Party; but before any consular officer so appointed shall act as such, he shall in the usual form be approved of and admitted by the Government of the country to which he is sent; and all such consular officers shall enjoy the same privileges and powers with those of the most favored nation. 1652. Article XII. Consuls and Consular representatives of the United States in Tono-a shall have all jurisdictional rights over civil and criminal matters con¬ cerning their own citizens and vessels, in conformity with the statutes of the United States and the law of nations; and they may call upon the authorities of Tonga for aid in making arrests or enforcing judgments; And, Citizens of the United States charged with committing offences against Tongans shall be amenable only to the consular jurisdiction AP1’EN])IX NO. III. (>()() and shall be punished according to the law of the United States: and Tongans charged with committing offences against citizens of the United States shall be tried by Tongan courts and punished according to Ton- gan law. Claims of a civil nature against citizens of the United States shall be cognizable only in the Consular jurisdiction, and Tongan courts shall be oi)en to citizens of the United States to prosecute such claims against Tongans, according to law: Provided, That citizens of the United States charged with violations of laws and regulations of Tonga relating to customs, taxation, public health and local police not cognizable as such under the laws of the United States, shall be amenable to the jurisdic¬ tion of the Tongan courts u])on notice to the nearest U. S. Consul or Commercial Agent, if there be one resident in Tonga, who shall have the right to be present at the trial and to direct or provide for the defense of the accused; the proceedings at all such trials shall be public and accessible. * * * -A- * * * TRIPOLI. Treat!! concluded June 4 .1805 {Peace and Amity). ******* 1653. Article VI. Proper passports shall immediately be given to vessels of both the con¬ tracting parties, on condition that the vessels of war belonging to the regency of Trii)oli, on meeting with merchant vessels belonging to citi¬ zens of the United States of America, shall not be permitted to visit them with more than two persons besides the rowers; these two only shall be permitted to go on board said vessel, without first obtaining leave from the commander of said vessel, who sliall compare the i)ass- port, and immediately permit said vessel to proceed on her voyage; and should any of the said subjects of Tripoli insult or molest the com¬ mander or any other person on board a vessel so visited, or plunder any of the property contained in her, on complaint being made by the Consul of the T^nited States of America reside:it at Tripoli, and on his produ¬ cing sufficient ])r()of to substantiate the fact, the commander or rais of said Tripoline ship or vessel (tf war, as well as the offenders, shall be APPENDIX NO. III. GOl punished in the most exemplary manner. All vessels of war belonging to the United States of America, on meeting with a cruiser belonging to the regency of Tripoli, and having seen her passport and certificate from the Consul of the United States of America residing in the regency, shall permit her to proceed on her cruise unmolested, and vdthout deten¬ tion. No passport shall be granted by either party to any vessels but such as are absolutely the property of citizens or subjects of said con¬ tracting parties, on any pretense whatever. ******* 1654. Article XI. The commerce between the United States of America and the regency of Tripoli; the protections to be given to merchants, masters of vessels, and seamen; the reciprocal rights of establishing Consuls in each coun¬ try, and the privileges, immunities, and jurisdictions to be enjoyed by such Consuls, are declared to be on the same footing with those of the most favored nations, respectively. 1655. Article XII. The Consul of the United States of America shall not be answerable for debts contracted by citizens of his own nation, unless he previously gives a written obligation so to do. 1656. Article XIII. On a vessel of war belonging to the United States of America anchor¬ ing before the city of Tripoli, the Consul is to inform the Bashaw of her arrival, and she shall be saluted with twenty-one guns, which she is to return in the same quantity or number. 1657. Article XIV. As the Government of the United States of America has, in itself, no character of enmity against thelaws, religion, or tranquillity of Mussel- men, and as the said states never have entered into any voluntary war or act of hostility against any Mohometan nation, except in the defense of their just rights to freely navigate the high seas, it is declared by the contracting parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two nations. And the Consuls and Agents of both nations, respectively, shall have liberty to exercise his religion in his own house. All slaves APPENDIX NO. III. ()()!> of the same religion shall not be impeded in going to the said Consul's house at hours of i)rayer. The Consuls shall have liberty and j:)ersonal security given them to travel within the territories of each other, both by land and sea, and shall not be prevented from going on board any vessel that they may think proper to visit. They shall have, likewise, the liberty to appoint their own Dragoman and Brokers. 1658. Article XV. In case of any dispute arising from the violation of any of the articles of this treaty, no api)eal shall be made to arms, nor shall war be declared on any pretext whatever; but if the Consul residing at the place where the dispute shall happen shall not be able to settle the same, the Gov¬ ernment of that country shall state their grievances in writing, and transmit it to the Government of the other; and the period of twelve cal¬ endar months shall be allowed for answers to be returned; during whi( li time no act of hostility shall be permitted by either party; and in case the grievances are not redressed, and war should be the event, the Con¬ suls and citizens or subjects of both parties, reciprocally, shall be per¬ mitted to embark unmolested on board of what vessel or vessels they shall think proper. ******* 1659. Article XVIII. If any of the citizens of the United States, or any person under their jirotection, shall have any dispute with each other, the Consul shall decide between the ])arties; and whenever the Consul shall require any aid or assistance from the Government of Tripoli to enforce his decision, it shall immediately be granted to him; and if any dispute shall arise between any citizen of the United States and the citizens or sub.iects of any other nation having a Consul or Agent in Tripoli, such disputes shall be settled by the Consuls or Agents of the respective nations. 1660. Article XIX. If a citizen of the United States should kill or wound a Tripoline, or, on the contrary, if a Tripoline shall kill or wound a citizen of the United States, the law of the country shall take place, and equal justice shall be rendered, the Consul assisting at the trial; and if any delinquent shall make his escapi*, the Consul shall not be answerable for him in any manner whatever. APPENDIX NO. III. 0G3 1661. Article XX. Should any citizen of the United States of America die within the limits of the regency of Tripoli, the Bashaw and his subjects shall not interfere with the property of the deceased; but it shall be under the immediate direction of the Consul, unless otherwise disposed of by will. Should there be no Consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them; when they shall render an account of the property. Neither shall the Bashaw or his subjects give hinderance in the execution of any will that may appear. * * * * * * * TUN^IS. Treaty concluded August, 1797 (Peace and Friendship). ******* 1662. Article XI. When a vessel of war of the United States of America shall enter the port of Tunis, and the Consul shall request that the castle may salute her, the number of guns shall be fired which he may request; and if the said Consul does not want a salute there shall be no question about it. But in case he shall desire the salute, and the number of guns shall be fired which he may have requested, they shall be counted and returned by the vessel in as many barrels of cannon powder. The same shall be done with respect to the Tunisian corsairs when they shall enter any port of the United States. * * * * * * * 1663. Article XVII. Each of the contracting parties shall be at liberty to establish a Con¬ sul in the dependencies of the other; and if such Consul does not act in conformity with the usages of the country, like others, the government of the place shall inform his Government of it, to the end that he may be changed and replaced; but he shall enjoy, as well for himself as his family and suite, the protection of the Government; and he may import for his own use all his provisions and furniture, without paying any duty; and if he shall import merchandise (which it shall be lawful for him to do), he shall pay duty for it. G64 APPENDIX NO. III. 1664. Article XVIIl. If the subjects or citizens of either of the contracting parties, being within the possessions of the other, contract debts, or enter into obliga¬ tions, neither the Consul nor the nation, nor any subjects or citizens thereof, shall be in any manner responsible, except they or the Consul shall have previously become bound in writing; and without this obliga¬ tion in writing, they cannot be called upon for indemnity or satisfaction. 1665. Article XIX. In case of a citizen or subject of either of the contracting parties dying within the possessions of the other, the Consul or the Vekil shall take possession of his effects (if he does not leave a will), of which he shall make an inventory; and the government of the place shall have nothing to do therewith; and if there shall be no Consul, the effects shall be deposited in the hands of a confidential person of the place, taking an inventory of the whole, that they may eventually be delivered to those to whom they of right belong. 1666. Article XX. The Consul shall be the judge of all disputes between his fellow-citi¬ zens or subjects, as also between all other persons who may be imme¬ diately under his protection; and in all cases wherein he shall require the assistance of the Government where he resides to sanction his decisions it shall be granted to him. 1667. Article XXI. If a citizen or subject of one of the parties shall kill, wound, or strike a citizen or subject of the other, justice shall be done according to the laws of the country where the offense shall be committed; the Consul shall be present at the trial; but if any offender shall escape, the Con¬ sul shall be in no manner responsible for it. 1668. Article XXII. If a dispute or lawsuit on commercial or other civil matters shall happen, the trial shall be had in the jiresence of the Consul, or of a confidential person of his choice, who shall repre.sent him, and endeavor to accommodate the difference which may have happened between the citizens or subjects of the two nations. APPENDIX NO. III. 665 TURKEV. (See The Ottoman Porte.) General act between the United States and other poirers, signed July 2, 1890, for the repression of the African slave trade. [A copy of this act may be had on application to the Department of State.] ZANZIBAR. (See also Maskat.) Treaty concerning import duties and Consuls, enlarging and defining stipulations of Treaty of September 21, 1833 {icith Maskat); concluded July 3, 1886. ******* 1669. Article II. The consuls of the United States appointed under the stipulations of the IXth Article of the treaty above mentioned, shall in addition to the rights, powers and immunities secured by said article, enjoy all the rights, privileges, immunities and jurisdictional powers which are now or may hereafter be enjoyed by the Consuls and Consular Agents of the most favored nations and conversely, the Consuls and Consular Agents which His Highness the Sultan may appoint to reside in the United States shall have the treatment of agents of like grade of the most favored nation. ******* Xo. IV. CONVENTIONS RELATING TO NATURALIZATION. 667 CONVENTIONS RELATING TO NATURALIZATION, REFERRED TO IN THE TEXT. AUSTUIA-IIUXGARY. Convention concluded o)i the £Oth of September, 1870. 1670. Article I. Citizens of the Austro-Hungarian Monarchy who have resided in the United States of America uninterruptedly at least five years, and during such residence have become naturalized citizens of the United States, shall be held by the Government of Austria and Hungary to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who have resided in the territories of the Austro-Hungarian Monarchy uninterruptedly at least five years, and during such residence have become naturalized citi¬ zens of the Austro-Hungarian Monarchy, shall be held by the United States to be citizens of the Austro-Hungarian Monarchy, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. 1671. Article H. A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for an action pun¬ ishable by the laws of his original country committed before his emigra¬ tion, saving always the limitation established by the laws of his original country and any other remission of liability to punishment. In particular, a former citizen of the Austro-Hungarian Monarchy, who, under the first article, is to be held as an American citizen, is liable to trial and punishment, according to the laws of Austro-Hungary, for 669 670 A1>1‘KN1)IX NO. IV. noii-fulfilhneiit of military duty: 1st. If he has emigrated, after having been drafted at the time of conscrii)tion, and thus having become en¬ rolled as a recruit for service in the standing army. 2d. If he has emi¬ grated while he stood in service under the flag, or had a leave of absence only for a limited time. 8d. If, having a leave of absence for an unlim¬ ited time, or belonging to the reserve or to the militia, he has emigrated after having received a call into service, or after a imblic proclamation requiring his appearance, or after war has broken out. On the other hand, a former citizen of the Austro-Hungarian Monarchy, naturalized in the United States, who by, or after, his emigration has transgressed the legal provisions on military duty by any acts or omissions other than those above enumerated in the claiises numbered one, two, and three, can, on his return to his original country, neither be held subsequently to military service nor remain liable to trial and punishment for the non-fulfillment of his military duty. 1672. Article III. The convention for the mutual delivery of criminals, fugitives from justice, concluded on the 3d July, 1856, between the G vernment of the United States of America on the one part and the Austro-Hungarian IVIonarchy on the other part, as well as the additional convention, signed on the 8th of May, 1848, to the treaty of commerce and navigation con¬ cluded between the said Governments on the 27th of August, 1839, and especially the stipulations of Article IV of the said additional convention concerning the delivery of the deserters from the ships of war and mer¬ chant-vessels, remain in force without change. 1673. Article IV. The emigrant from the one State, who, according to Article I, is to be held as a citizen of the other State, shall not, on his return to his orig¬ inal country, be constrained to resume his former citizenship; yet, if he shall of his own accord reacipiire it, and renounce the citizenship obtained by naturalization, such a renunciation is allowable, and no fixed period of residence shall be reiiuired for the recognition of his recovery of citizenship in his original country. 1674. Article V. The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force ten years. If APPENDIX NO. IV. G71 neither party shall have given to the other six months’ previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention. ******* BADEN. Convention concluded Jnhj 19, 1868. 1675. Article I. Citizens of the Grand Duchy of Baden, who have resided uninter¬ ruptedly within the United States of America five years, and before, during, or after that time have become, or shall become, naturalized citizens of the United States, shall be held by Baden to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America, who have resided uninterruptedly within the Grand Duchy of Baden five years, and before, during, or after that time have become, or shall become, naturalized citizens of the Grand Duchy of Baden, shall be held by the United States to be citizens of Baden, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. 1676. Article II. A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, saving always the limitation established by the laws of his original country, or any other remission of liability to punishment. In particular, a former Badener who, under the first article, is to be held as an American citizen, is liable to trial and punishment according to the laws of Baden for non-fulfillment of military duty— 1. If he has emigrated after he, on occasion of the draft from those owing military duty, has been enrolled as a recruit for service in the standing army. 2. If he has emigrated while he stood in service under the flag, or had a leave of absence only for a limited time. 3. If, having a leave of absence for an unlimited time, or belonging G72 APPENDIX NO. IV. to the reserve or to the militia, he has emigrated after having received a call into service, or after a public ijroclamation requiring his appear¬ ance, or after war has broken out. On the other hand, a former Badener, naturalized in the United States, who, by or after his emigration, has transgressed or shall trans¬ gress the legal provisions on military duty by any acts or omissions other than those above enumerated in the clauses numbered one to three, can, on his return to his original country, neither be held subse¬ quently to military service nor remain liable to trial and punishment for the non-fulfillment of his military duty. Moreover, the attachment on the property of an emigrant for non-fulfillment of his military duty, except in the cases designated in the clauses numbered one to three, shall be removed so soon as he shall prove his naturalization in the United States, according to the first article. 1677. Article III. The convention for the mutual delivery of criminals, fugitives from justice, concluded betw^een the Grand Duchy of Baden on the one part, and the United States of America on the other part, the thirtieth day of January, one thousand eight hundred and fifty-seven, remains in force without change. 1678. Article IV. The emigrant from the one state, who, according to the first article, is to be held as a citizen of the other state, shall not on his return to his original country be constrained to resume his former citizenship; yet if he shall of his own accord reacquire it and renounce the citizenship obtained by naturalization, such a renunciation is allowed, and no fix€'d lieriod of residence shall be reciuired for the recognition of his recovery of citizenship in his original country. 1679. Article V. The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force ten years. If neither party shall have given to the other six months’ previous notice of its intention then to terminate the same, it shall remain in force until the end of twelve months after either of the contracting parties shall have given notice of such intention. APPENDIX NO. IV. 673 BAVARIA. Convention concluded May 26, 1868. 1680. Article I. Citizens of Bavaria who have become, or shall become, naturalized citizens of the United States of America, and shall have resided uninter¬ ruptedly within the United States for five years, shall be held by Bavaria to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who have be¬ come, or shall become, naturalized citizens of Bavaria, and shall have resided uninterruptedly within Bavaria five years, shall be held by the United States to be Bavarian citizens, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. 1681. Article II. A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action pun¬ ishable by the laws of his original country, and committed before his emigration, saving always the limitation established by the laws of his original country, or any other remission of liability to punishment. 1682. Article III. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part, and Bavaria on the other part, the twelfth day of September, one thousand eight hundred and fifty-three, remains in force without change. 1683. Article IV. If a Bavarian, naturalized in America, renews his residence in Bavaria, without the intent to return to America, he shall be held to have renounced his naturalization in the United States. Reciprocally, if an Amercian, naturalized in Bavaria, renews his residence in the United States, without the intent to return to Bavaria, he shall be held to have renounced his naturalization in Bavaria. The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country. 17824 C R-43 674 APPENDIX NO. IV. 1684. Article V. The present convention shall go into effect immediately on the exchange of ratification, and shall continue in force for ten years. If neither party shall have given to the other six months’ previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention. ******* 1685. PROTOCOL. Done at Munich, the £Gth May, 18G8. The undersigned met to-day to sign the treaty agreed upon in conform¬ ity with their respective full powers, relating to the citizenship of those persons who emigrate from Bavaria to the United States of America, and from the United States of America to Bavaria; on which occasion the following observations, more exactly defining and explaining the con¬ tents of this treaty, were entered in the following protocol: 1686. RELATING TO THE FIRST ARTICLE OF THE TREATY. 1. Inasmuch as the coimlative “and” is made use of, it follows, of course, that not the naturalization alone, but an additional five years’ uninterrupted residence is recjuired, before a person can be regarded as coming within the treaty; but it is by no means recpiisite that the five years’ residence should take place after the naturalization. It is hereby further understood that if a Bavarian has been discharged from his Bavarian indigenate, or, on the other side, if an American has been dis¬ charged from his American citizenship in the manner legally prescribed by the Government of his original country, and then acquires naturali¬ zation in the other country in a rightful and perfectly valid manner, then an additional five years’ residence shall no longer be required, but a person so naturalized shall, from the moment of his naturalization, be held and treated as a Bavarian, and, reciprocally, as an American citizen. 2. The words “ resided uninterruptedly ” are obviously to be under¬ stood, not of a continued bodily presence, but in the legal sense; and therefore a transient absence, a journey, or the like, by no means interrupts the })eriod of five years contemplated by the first article. \ \ « 4 1 1 1 < 1 J 1 \ APPENDIX NO. IV. 675 1687. II, RELATING TO THE SECOND ARTICLE OF THE TREATY. 1. It is express!}^ agreed that a person who, under the first article, is to be held as an adopted citizen of the other state, on his return to his original country cannot be made punishable for the act of emigration itself, not even though at a later day he should have lost his adopted citizenship. 1688. III. RELATING TO THE FOURTH ARTICLE OF THE TREATY. 1. It is agreed on both sides that the regulative powers granted to the two Governments, respectively, by their laws for protection against resi¬ dent aliens, whose residence endangers peace and order in the land, are not affected by the treaty. In particular the regulation contained in the second clause of the tenth article of the Bavarian military law of the 30th. of January, 1868, according to which Bavarians emigrating from Bavaria before the fulfillment of their military duty cannot be admitted to a per¬ manent residence in the land till they shall have become 32 years old, is not affected by the treaty. But yet it is established and agreed that, by the expression “permanent residence ” used in the said article, the above- described emigrants are not forbidden to undertake a journey to Bavaria for a less period of time and for definite purposes, and the royal Bavarian Government moreover cheerfully declares itself ready, in all cases in which the emigration has plainly taken place in good faith, to allow a mild rule in practice to be adopted. 2. It is hereby agreed that when a Bavarian naturalized in America, and, reciprocally, an American naturalized in Bavaria, takes up his abode once more in his original country without the intention of return to the country of his adoption, he does by no means thereby recover his former citizenship; on the contrary, in so far as it relates to Bavaria, it depends on His Majesty the King, whether he will or will not in that event grant the Bavarian citizenship anew. The article fourth shall accordingly have only this meaning, that the adopted country of the emigrant cannot prevent him from acquiring once more his former citizenship; but not that the state to which the emigrant originally belonged is bound to restore him at once to his original relation. On the contrary, the citizen naturalized abroad must first apply to be received back into his original country in the manner prescribed by G76 APPENDIX NO. TV. its laws and regulations, and must acciuire citizenship anew, exactly like any other alien. But yet it is left to his own free choice, whether he will adopt that course or will preserve the citizenship of the country of his adoption. M. Convention concluded November' IG, 18G8. 1689. Article I. Citizens of the United States who may or shall have been naturalized in Belgium will be considered by the United States as citizens of Bel¬ gium. Reciprocally, Belgians who may or who shall have been natu¬ ralized in the United States will be considered by Belgium as citizens of the United States. 1690. Article II. Citizens of either contracting party, in case of their return to their original country, can be prosecuted there for crimes or misdemeanors committed before naturalization, saving to them such limitations as are established by the laws of their original country. 1691. Article III. Naturalized citizens of either contracting party, who shall have re.sided five vears in the countrv which has naturalized them, cannot be held to the obligation of military service in their original country, or to inci¬ dental obligation resulting therefrom, in the event of their return to it, except in cases of desertion from organized and embodied military or naval service, or those that may be assimilated thereto by the laws of that country. 1692. Article IV. Citizens of the United States naturalized in Belgium shall be consid¬ ered by Belgium as citizens of the United States when they shall have recovered their character as citizens of the United States, according to the laws of the United States. Reciprocally, Belgians naturalized in the United States shall be considered as Belgians by the United States when they shall have recovered their character as Belgians according to the laws of Belgium. APPENDIX NO. IV. 677 1693. Article V. The present convention shall enter into execution immediately after the exchange of ratifications, and shall remain in force for ten years. If, at the expiration of that period, neither of the contracting parties shall have given notice six months in advance of its intention to termi¬ nate the same, it shall continue in force until the end of twelve months after one of the contracting parties shall have given notice to the other of such intention. * . * * * * * * DENMARK. Convention concluded July 20, 1872. 1694. Article I. Citizens of the United States of America who have become, or shall become, and are naturalized, according to law, within the Kingdom of Denmark, as Danish subjects shall be held by the United States of America to be in all respects and for all purposes Danish subjects, and shall be treated as such by the United States of America. In like manner Danish subjects who have become, or shall become, and are naturalized, according to law, within the United States of America as citizens thereof, shall be held by the Kingdom of Denmark to be in all respects and for all purposes as citizens of the United States of America, and shall be treated as such by the Kingdom of Denmark. 1695. Article II. If any such citizen of the United States, as aforesaid, naturalized within the Kingdom of Denmark as a Danish subject, should renew his residence in the United States, the United States Government may, on his application, and on such conditions as that Government may see fit to impose, readmit him to the character and privileges of a citizen of the United States, and the Danish Government shall not, in that case, claim him as a Danish subject on account of his former naturalization. In like manner, if any such Danish subject, as aforesaid, naturalized within the United States as a citizen thereof, should renew his residence G78 Ari KNDIX NO. IV. within the Kingdom of Denmark, his Majesty’s Government may, on his application, and on such conditions as that Government may think fit to impose, readmit him to the character and privileges of a Danish subject, and the United States Government shall not, in that case, claim him as a citizen of the United States on account of his former naturalization. 1696. Article III. If, however, a citizen of the United States naturalized in Denmark shall renew his residence in the former country without the intent to return to that in which he was naturalized, he shall be held to have renounced his naturalization. In like manner, if a Dane naturalized in the United States shall renew his residence in Denmark without the intent to return to the former country, he shall be held to have renounced his naturalization in the United States. The intent not to return maj^ be held to exist when a person natural¬ ized in the one country shall reside more than two years in the other country. 1697. Article IV. The present convention shall go into effect immediately on or after the exchange of the ratifications, and shall continue in force for ten years. If neither party shall have given to the other six month’s,previous notice of its intention then to terminate the same it shall further remain in force until the end of twelve months after either of the contracting par¬ ties shall have given notice to the other of such intention. ******* ECl ADOll. Treatij concluded May d, 1S72. 1698. Article I. Each of the two republics shall recognize as naturalized citizens of the other those persons who shall have been therein duly naturalized, after having resided uninterruptedly in their adopted country as long as may be recjuired by its constitution or laws. 4 APPENDIX NO. IV. 679 This article shall apply as well to those already naturalized in the countries of either of the contracting parties as to those who may be hereafter naturalized. 1699. Article II. If a naturalized citizen of either country shall renew his residence in that where he was born, without an intention of returning to that where he was naturalized, he shall be held to have reassumed the obligations of Ms original citizenship, and to have renounced that which he had obtained by naturalization. 1700. Article III. A residence of more than two years in the native country of a natural¬ ized citizen shall be construed as an intention on his part to stay there without returning to that where he was naturalized. This presumption, however, may be rebutted by evidence to the contrary. 1701. Article IV. Naturalized citizens of either country, on returning to that where they were born, shall be subject to trial and punishment according to the laws, for offenses committed before their immigration, saving always the limitations established by law. 1702. Article V. A declaration of intention to become a citizen shall not have the effect of naturalization. 1703. Article VI. The present convention shall go into effect immediately on the exchange of ratifications, and it shall remain in full force for ten years. If neither of the contracting parties shall give notice to the other six months pre¬ viously of its intention to terminate the same, it shall further remain in force until twelve months after either of the contracting parties shall have given notice to the other of such intention. GERMAXY. [See also Baden, Bavaria, Hesse Darmstadt, Wurttemberg.] G80 APPENDIX NO. IV. XOIITII (iKIlMAX rXIOX. Convention concluded February 22, 186S. 1704. Article I. Citizens of the North German Confederation who become naturalized citizens of the United States of America, and shall have resided uninter¬ ruptedly within the United States five years, shall be held by the North German Confederation to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who become naturalized citizens of the North German Confederation, and shall have resided uninterruptedly within North Germany five years, shall beheld by the United States to be North German citizens, and shall be treated as such. The declaration of an intention to become a citizen of one or the other country has not for either party the effect of naturalization. 1705. Article II. A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action punish¬ able by the laws of his original country and committed before his emi¬ gration; saving always the limitation established by the laws of his original country. 1706. Article III. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part, and Prussia and other States of Germany on the other part, the sixteenth day of June, one thousand eight hundred and fifty-two, is hereby extended to all the States of the North German Confederation. 1707. Article IV. If a German naturalized in America renews his residence in North Germany, without the intent to return to America, he shall l>e held to have renounced his naturalization in the United States. Recii)rocally, if an American naturalized in North Germany renews his residence in the United States, without the intent to return to North Germany, he APPENDIX NO. IV. G81 shall be held to have renounced his naturalization in North Germany. The intent not to return may be held to exist when the person natural¬ ized in the one country resides more than two years in the other country. 1708. Article V. The present convention shall go into effect immediately on the ex¬ change of ratifications, and shall continue in force for ten years. If neither party shall have given to the other six months’previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention. ******* GREAT BRITAIN. Convention concluded May 13, 1870. 1709. Article I. Citizens of the United States of America who have become, or shall become, and are, naturalized, according to law, within the British domin¬ ions as British subjects, shall, subject to the iirovisions of Article II, be held by the United States to be in all respects and for all purposes Brit¬ ish subjects, and shall be treated as such by the United States. Reciprocally, British subjects who have become, or shall become, and are, naturalized, according to law, within the United States of America as citizens thereof, shall, subject to the provisions of Article II, be held by Great Britain to be in all respects and for all iiurposes citizens of the United States, and shall be treated as such by Great Britain. 1710. Article II. Such citizens of the United States as aforesaid, who have become and are naturalized within the dominions of Her Britannic Majesty as sub¬ jects, shall be at liberty to renounce their naturalization and to resume their nationality as citizens of the United States, jirovided that such renunciation be publicly declared within two years after the exchange of the ratification of the present convention. Such British subjects as aforesaid, who have become and are natural¬ ized as citizens within the United States, shall be at liberty to renounce G82 APPENDIX NO. IV. their naturalization and to resume their British nationality, provided that such renunciation be publicly declared within two years after the 12th day of May, 1870. The manner in which this renunciation may be made and publicly declared shall be agreed upon by the Governments of the respective countries. 1711. Article III. If any such citizen of the United States as aforesaid, naturalized within the dominions of Her Britannic Majesty, should renew his resi¬ dence in the United States, the United States Government may, on his own application, and on such conditions as that Government may think fit to impose, readmit him to the character and privileges of a citizen of the United States, and Great Britain shall not, in that case, claim him as a British subject on account of his former naturalization. In the same manner, if any such British subject as aforesaid, natural¬ ized in the United States, should renew his residence within the domin¬ ions of Her Britannic Majesty, Her Majesty's Government may, on his own application, and on such conditions as that Government may think fit to impose, readmit him to the character and privileges of a British subject, and the United States shall not, in that case, claim him as a citizen of the United States on account of his former naturalization. •%***** * HESSE HARMSTADT. Convention concluded August 1, 1SG8, 1712. Article I. Citizens of the parts of the Grand Duchy of Hesse not included in the North German Confederation who have become, or shall become, natu¬ ralized citizens of the United States of America, and shall have resided uninterruptedly within the United States five years, shall be held by the Grand Ducal Hessian Government to be American citizens, and shall be treated as such. Reciprocally, citizens of the United States of America who have be¬ come, or shall become, naturalized citizens of the above-described parts of the Grand Duchy of Hesse, and shall have resided uninterruptedly APPENDIX NO. IV. 683 therein five years, shall be held by the United States to be citizens of the Grand Duchy of Hesse, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. 1713. Article II. A naturalized citizen of the one party, on return to the territory of the other party, remains liable to trial and punishment for an action punishable by the laws of his original country, and committed before his emigration, saving always the limitation established by the laws of his original country. 1714. Article III. The Convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States of Amer¬ ica and the Grand Duchy of Hesse ou the 16th of June, 1853, remains in force without change. 1715. Article IV. If a Hessian, naturalized in America, but originally a citizen of the parts of the Grand Duchy not included in the North German Confeder¬ ation, renews his residence in those parts without the intent to return to America, he shall be held to have renounced his naturalization in the United States. Reciprocally, if an American naturalized in the Grand Duchy of Hesse (within the above-described xiarts), renews his residence in the United States without the intent to return to Hesse, he shall be held to have renounced his naturalization in the Grand Duchy. The intent not to return may be held to exist when the person natural¬ ized in the one country resides more than two years in the other country. 1716. Article V. The present Convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for ten years. If neither party shall have given to the other six months’ previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention. G84 APPENDIX NO. IV. MKXICO. Convent ion concluded Jidij 10, 18GS. [This convention was terminated February 11, 1882, by notice given by Mexico, Feb¬ ruary 10, 1881.] 1717. Article I. Those citizens of the United States who have been made citizens of the Mexican Republic by naturalization, and have resided without inter¬ ruption in Mexican territory five years, shall be held by the United States as citizens of the Mexican Republic, and shall be treated as such. Re¬ ciprocally, citizens of the Mexican Republic who have become citizens of the United States, and who have resided uninterrui)tedly in the territory of the United States for five years, shall be held by the Republic of Mexico as citizens of the United States, and shall be treated as such. Tlie declaration of an intention to become a citizen of the one or the other country has not for either party the effect of naturalization. This arti¬ cle shall apply as well to those already naturalized in either of the coun¬ tries contracting as to those hereafter naturalized. 1718. Article II. Naturalized citizens of either of the contracting parties, on return to the territory of the other, remain liable to trial and punishment for an action ])unishable by the laws of his original country and committed before his emigration; saving always the limitations established by his original country. 1719. Article III. The convention for the surrender in certain cases of criminals, fugi¬ tives from justice, concluded between the United States of America of the one part, and the Mexican Repul)lic on the other ])art. on the eleventh day of December, one tlumsand eight hundred and sixty-one. .shall remain in full force without any alteration. 1720. Article IV. If a citizen of the United States naturalized in Mexico renews his resi¬ dence in the United States without the intent to return to Mexico, he shall be held to have renoumted his naturalization in Mexico. Recipro¬ cally, if a Mexican naturaliz(Hl in the Unibal States renews his residence in Mexico without the intent to return to tlie United States, he shall be held to have renounced his naturalization in the United States. APPENDIX NO. IV. 685 The intent not to return may be heid to exist when the person natur¬ alized in the one country resides in the other country more than two years, but this presumption maybe rebutted by evidence to the contrary* * ****** MOROCCO. Convention concluded July 3, 1880. {See ante, Appendix I, Morocco^ Article 15.) J^ORTII GERMAX LXIOX. (See Germany.) SWEOEX AXO XORAVAY. Convention and Protocol signed May 26, 1869. 1721. Article I. Citizens of the United States of America who have resided in Sweden or Norway for a continuous period of at least five years, and during such residence have become and are lawfully recognized as citizens of Sweden or Norway, shall be held by the Government of the United States to be Swedish or Norwegian citizens, and shall be treated as such. Reciprocally, citizens of Sweden or Norway who have resided in the United States of America for a continuous iieriod of at least five years, and during such residence have become naturalized citizens of the United States, shall be held by the Government of Sweden and Norway to be American citizens, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not for either party the effect of citizenship legally acquired. 1722. Article II. A recognized citizen of the one party, on returning to the territory of the other, remains liable for trial and punishment for an action punish¬ able by the laws of his original country, and committed before his emi¬ gration, but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment. G80 APPENDIX NO. IV. 1723. Article III. If a citizen of the one party, who has become a recoj^izecl citizen of the other party, takes iiji his abode once more in his original country, and applies to be restored to his former citizenship, the Government of the last-named country is authorized to receive him again as a citizen, on such conditions as the said Government may think proper. 1724. Article IV. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between the United States on the one part and Sweden and Norway on the other part, the 21st of March, 1860, remains in force without change. 1725. Article V. The present convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for ten years. If neither party shall have given the other six months’ previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the contracting parties shall have given notice to the other of such intention. 1726. PROTOCOL. Dotie at Stockholm, May 26, 1SG9. The undersigned met to-day to sign the convention agreed upon in conformity with their respective full powers, relating to the citizenship of those persons who emigrate from the United States of America to Sweden and Norway, and from Sweden and Norway to the United States of America; on which occasion the following observations, more exactly defining and explaining the contents of this convention, were entered in the following protocol: 1727. I. RELATING TO THE FIRST ARTICLE OF THE CONVENTION. It is understood that if a citizen of the United States of America has been discharged from his American citizenship, or, on the other side, if a Swede or a Norwegian has been discharged from his Swedish or Nor¬ wegian citizenship, in the manner legally jirescribed b}’ the Govern¬ ment of his original country, and then in the other country in a right¬ ful and perfectly valid manner acciuires citizenshi]), then an additional APPENDIX NO. IV. 687 five years’ residence shall no longer be required; but a person who has in that manner been recognized as a citizen of the other country shall, from the moment thereof, be held and treated as a Swedish or Nor¬ wegian citizen, and, reciprocally, as a citizen of the United States. 1728. II. RELATING TO THE SECOND ARTICLE OF THE CONVENTION. If a former Swede or Norwegian, who under the first article is to be held as an adopted citizen of the United States of America, has emigrated after he has attained the age when he becomes liable to militar}^ service, and returns again to his original country, it is agreed that he remains liable to trial and punishment for an action punishable by the laws of his original country and committed before his emigration, but not for the act of emigration itself, unless thereby have been committed any punishable action against Sweden or Norwa}', or against a Swedish or Norwegian citizen, such as non-fulfillment of military service, or deser¬ tion from the military force or from a ship, saving always the limitation established by the laws of the original country, and any other remission of liability to punishment; and that he can be held to fulfill, according to the laws, his military service, or the remaining part thereof. 1729. III. RELATING TO THE THIRD ARTICLE OF THE CONVENTION. It is further agreed that if a Swede or Norwegian, who has become a naturalized citizen of the United States, renews his residence in Sweden or Norway without the intent to return to America, he shall be held by the Government of the United States to have renounced his American citizenship. The intent not to return to America may be held to exist when the person so naturalized resides more than two years in Sweden or Norway. AVURTTEMBEUG. Convention concluded July S7, 1868. 1730. Article I. Citizens of Wurttemberg who have become, or shall become, natural¬ ized citizens of the United States of America, and shall have resided uninterruptedly within the United States five years, shall be held by Wurttemberg to be American citizens and treated as such. Recipro¬ cally, citizens of the United States of America who have become, or G88 APPENDIX NO. IV. shall become, naturalized citizens of Wiirttemberg and shall have resided uninterrui)tedly within Wiirtteniberg five years, shall be held by the United States to be citizens of Wiirttemberg, and shall be treated as such. The declaration of an intention to become a citizen of the one or the other country has not, for either party, the effect of naturalization. 1731. Akticl?: II. A naturalized citizen of the one party on return to the territory of the other party remains liable to trial and punishment for an action pun¬ ishable by the laws of his original country and committed before his emigration; saving always the limitation established by the laws of his orignal country, or any other remission of liability to punishment. 1732. Article III. The convention for the mutual delivery of criminals, fugitives from justice, in certain cases, concluded between Wiittemberg and the United States the 10th June, 1852 [18th October, 1853], remains in force without change. 1733. Article IV. If a Wurttembergcr, naturalized in America, renews his residence in Wurttemberg without the intent to return to America, he shall be held to have renounced his naturalization in the United States. Reciprocally, if an American, naturalized in Wurttemberg, renews his residence in the United States without the intent to return to Wurttemberg, he shall be held to have renounced his naturalization in Wurttemberg. The intent not to return may be held to exist when the person naturalized in the one country resides more than two years in the other country. 1734. Article V. The pre.sent convention shall go into effect immediately on the exchange of ratifications, and shall continue in force for ten years. If neither party shall have given to the other six months’previous notice of its intention then to terminate the same, it shall further remain in force until the end of twelve months after either of the high contracting parties shall have given notice to the other of such intention. APPEISTDIX No. V. MISCELLANEOUS 17824 C R- 44 689 MISCELLANEOUS 1735. DIRECTIONS FOR THE TRANSMISSION OF PROCEEDS OF THE PROP¬ ERTY OF DECEASED SEAMEN TO THE DISTRICT JUDGES. In remitting the proceeds of the property of deceased seamen to the district judges of the United States, consular officers are instructed to be guided by the following table. The drafts should be made payable “to the order of the United States district judge for the-district of -,”and addressed to the said judge in care of the “Clerk of the United States district court,” at the place designated as the principal place of holding the district courts in that district. State. District. Alabama... Northern .. Do .-.-__ Middle..... Do.... Southern... Alaska-.. ..- California .. -.. One.... Northern... Do ... Southern... Connecticut___ One.-.-.- Delaware..... ... .do.. Florida _____ Northern__ Do ____ _ Southern... Georgia.... Northern... L>o... Southern. ... Louisiana___ Eastern.. Do..... Western. Maine__- One... Maryland__-.. _do.. Massachusetts ..... .do.. N ew Hampshire ..... .do.. New Jersey .. .. _do ..-.. New York... .. Northern... Do ... Eastern... Do -.-. North Carolina ___ Southern . Eastern.. Do.... Western___ Oregon ____ One. .. Pennsylvania____ Eastern ..... Do“... Western... . Rhode Island.... One..-. South Carolina... _do..... . Texas. Northern.. Do. Eastern... Do . Western. Virginia. Eastern_:... Do. Western... Washington. One. Principal place of holding court. No seaport. Do. Mobile. Sitka. San Francisco. No seaport. Ha,rtford. Wilmington. Pensacola. Key West. No seaport. Savannah. New Orleans. No seaport. Portland. Baltimore. Boston. Portsmouth. Trenton. No seaport. Brooklyn. New York. Wilmington. No seaport. Portland. Philadelphia. No seaport. Providence. Charleston. No seaport. Galveston. Brownsville. Norfolk. No seaport. Olympia. 091 692 ' APPENDIX NO. V. 1736. LETTERS ROGATORY. [Printed from Ex. Doc. No. 281, Fifty-first Congress, second session.] Department of State, Washington, March 25, 1887. To the Diplomatic and Considar Officers of the United States: Letters rogatory for the purpose of taking the testimony of persons residing in the United States, which may be material in suits pending in the courts of foreign countries, are frequently sent to this Depart¬ ment, usually with a note from the minister of foreign affairs of the foreign country or from its diplomatic representative here, requesting that the business may be attended to. It is not, however, the province of the Department of State to dispose of matters of this kind. Fre¬ quently witnesses whose testimony is sought reside in places far from this city, rendering it impracticable to have the testimony taken within the time at which it is required, in order to make it available. It is, therefore, deemed advisable to issue this circular, to which are appended the provisions of the Revised Statutes of the United States regulating the taking of testimony in such cases. Other information upon the subject, which will be found useful to persons interested, is contained in the following DIKE(^TIOXS. Both circuit and district courts of the United States are held in each of the States at the following points: In Alabama, at Huntsville, Birmingham, Montgomery, and Mobile; in Arkansas, at Little Rock; in California, at San Francisco and Los Angeles; in Colorado, at Denver, Pueblo, and Del Norte; in Connecticut, at New Haven and Hartford; in Delaware, at Wilmington; in Florida, at Tallahassee, Pensacola, Jacksonville, Key West, and Tampa; in Georgia, at Atlanta, Savannah, and Macon; in Illinois, at Chicago, Springfield, and Cairo; in Indiana, at New Albany, Evansville, Indian¬ apolis, and Fort Wayne; in Iowa, at DubiKpie, Fort Dodge, Sioux City, Keokuk, Council Bluffs, and Des Moines; in Kansas, at Fort Scott, Leavenworth, and Topeka; in Kentucky, at Frankfort, Covington, Louisville, and Paducah; in Loui.siana, at New Orleans, Opelousas, Alexandria, Shreveport, and Monroe; in Maine, at Portland; in Mary¬ land, at Baltimore; in Mas.sachusetts, at Bo.ston; in Michigan, at Port Huron, Detroit, Grand Rapids, and ^Marcjuette; in Minnesota, at St. Paul; in Mississii)pi, at Aberdeen, (Uxford. and Jackson: in Missouri, at APPENDIX NO. V. 00:3 St. Louis, Jefferson City, and Kansas City; in Nebraska, at Lincoln and Omaha; in Nevada, at Carson City; in New Hamxjshire, at Ports¬ mouth and Concord; in New Jersey, at Trenton; in New York, at Canandaigua, Albany, Syracuse, Utica, New York, and Brooklyn; in North Carolina, at Raleigh, Greensboro, Statesville, Asheville, and Charlotte; in Ohio, at Cleveland, Toledo, Cincinnati, and Columbus; in Oregon, at Portland; in Pennsylvania, at Philadelx)hia, Erie, Pittsburg, Williamsport, and Scranton; in Rhode Island, at Newx)ort and Provi¬ dence; in South Carolina, at Charleston and Columbia; in Tennessee, at Knoxville, Chattanooga, Nashville, Jackson, and Memphis; in Texas, at Graham, Dallas, Waco, Galveston, Tyler, Jefferson, Austin, San Antonio, Brownsville, and El Paso; in Vermont, at Burlington, Wind¬ sor, and Rutland; in Virginia, at Richmond, Alexandria, Norfolk, Lynchburg, Abingdon, Harrisonburg, and Danville; in West Virginia, circuit court at Parkersburg, district court at Wheeling, Clarksburg, and Charleston; in Wisconsin, at Milwaukee, Oshkosh, Madison, Eau Claire, and La Crosse. In some of the States district courts are held at other x^oints in addi¬ tion to those above specified. The clerks of the courts of the United States are authorized to take depositions, and may be designated as commissioners for that x5urx)ose in letters rogatory, which, when returned, are to be used in the courts of foreign countries. The letters rogatory may be addressed to the judge of either the cir¬ cuit court of the United States for the State of-, or the district court of the United States for the district of- (naming the State), praying the judge of that court to name and appoint the commissioner; or such letters may be addressed to the commissioner directly. The letter or package should in all cases be directed to the clerk of the district or circuit court to which the letters rogatory are addressed. The clerk’s office is at the place where the court holds its sessions. I am, your obedient servant, T. F. Bayard. SECTIONS OF THE REVISED STATUTES RELATING TO LETTERS ROGATORY. 1737. Sec. 4071. The testimony of any witness residing within the United States, to be used in any suit for the recovery of money or property depending in any court in any foreign country with which the (394 APPENDIX NO. Y. United States are at peace, and in which the government of such foreign country shall be a party or shall have an interest, may be obtained, to be used in such suit. If a commission or letters rogatory to take such testimony, together with specific written interrogatories, accompanying the same, and addressed to such witness, shall have been issued from the court in which such suit is pending, on producing the same before the district judge of any district where the witness resides or shall be found, and on due proof being made to such judge that the testimony of any witness is material to the party desiring the same, such judge shall issue a summons to such witness requiring him to appear before the officer or commissioner named in such commission or letters rogatory, to testify in such suit. And no witness shall be compelled to appear or to testify under this section except for the purpose of answering such interrogatories so issued and accompanying such commission or letters; Provided, That when counsel for all the parties attend the examination, they may consent that questions in addition to those accompanying the commission or letters rogatory may be put to the witness, unless tlie commission or letters rogatory exclude such additional interrogatories. The summons shall specify the time and place at which tire witness is recpiired to attend, which place shall be within one hundred miles of the place where the witness resides or shall be served with such summons. 1738. Sec. 4072. No witness shall be required, on such examination or any other under letters rogatory, to make any disclosure or discovery which shall tend to criminate him either under the laws of the State or Territory within which such examination is had, or any other, or any foreign state. 1739. Sec. 4073. If any person shall refuse or neglect to appear at the time and place mentioned in the summons issued, in accordance with section forty hundred and seventy-one, or if upon his appearance he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit in the district court of the United States. 1740. Sec. 4074. Every witness who shall so appear and testify shall be allowed, and shall receive from the part}" at whose instance he shall have been summoned, the same fees and mileage as are allowed to wit¬ nesses in suits depending in the district courts of the United States. 1741. Sec. 875. When any commission or letter rogatory, issued to take the testimony of any witness in a foreign country, in any suit in which the United States are ])arties or have an interest, is executed by the court or the commissioner to whom it is directed, it shall be returned APPENDIX NO. V. 695 by such court or commissioner to the minister or consul of the United States nearest the place where it is executed. On receiving the same, the said minister or consul shall indorse thereon a certificate, stating when and where the same was received, and that the said deposition is in the same condition as when he received it; and he shall thereupon transmit the said letter or commission, so executed and certified, by mail, to the clerk of the court from which the same issued, in the man¬ ner in which his official dispatches are transmitted to the Government. And the testimony of witnesses so taken and returned shall be read as evidence on the trial of the suit in which it was taken, without objection as to the method of returning the same. [When letters rogatory are addressed from any court of a foreign country to any circuit court of the United States, a commissioner of such circuit court designated by said court to make the examination of the witnesses mentioned in said letters, shall have power to compel the witnesses to appear and depose in the same manner as witnesses may be compelled to appear and testify in courts.] LIST OF REGISTERS OR BOOKS OF RECORD OF PURE-BRED ANIMALS ENTITLED, UNDER PARAGRAPH 373 OF THE TARIFF ACT OF AUGUST 28, 1894, TO ADMISSION INTO THE UNITED STATES FREE OF DUTY. 1742. American hooka. HORSES. Name of breed. Name of book of record. Thoroughbred. American trotter. Morgan___ • American Studbook. American Trotting Register. American Morgan Register. Register of the National Saddle Horse Breeders’ Asso¬ ciation. Studbook of the American Hackney Horse Society. Register of the American Hackney Studbook Associa¬ tion. American Cleveland Bay Studbook. American Clydesdale Studbook. Studbook of the Select Clydesdale Horse Society of America. American Shire Horse Studbook. Saddle horse.. Haelmey . _ Do.”. Cleveland bay. Clydesdale__ Select Clydesdale__ Shire ... Suffolk... American Suffolk Horse Studbook. Shetland pony. Percheron .. American Shetland Pony Club Studbook. Percheron Studbook of America. French coach... . 1 . French Coach Studbook of America. German coach... German, Hanoverian, and Oldenburg Coach Horse Studbook of America. Register of the Oldenburg Coach Horse Association of America. Register of the American Association of Importers and Breeders of Belgian Draft Horses. National Register of French Draft Horses. Oldenburg.. Belgian draft... French draft... 696 APPENDIX NO. V LIST OF REGISTERS OR BOOKS OF RECORD, ETC.— Continued. American hooks —Continued. ASSES. Name of breed. Name of book of record. Jacks and jennets... American Jack Stock Studbook. CATTLE. Shorthorn.. Hereford. Devon. Sussex. Jersey . Guernsey. Red polled. Ayrshire. Aberdeen-Angrus.. Galloway. Holstein-Friesian. Dutch lielted. Polled Durham. Brown Swiss (Schwytz) American Shorthorn Herdbook. American Hereford Record. American Devon Record. American Sussex Register. Herd Register of the American Jersey Cattle Club. Herd Register of the American Guernsey Cattle Club. Red Polled Herdbook. Ayrshire Record. American Alierdeen-Angus Herdbook. American Galloway Herdbook. Holstein-Friesian Herdbook. Herdbook of the Dutch Belted Cattle Association of America. American Polled Durham Herdbook. Swiss Record. SHEEP. Merino (Spanish) Do .. Do. Do.. Do. Do. Do. Do. Do. Do. Do. Merino (French) Merino (Delaine) Do. Do.. Do. Register of the Vermont Merino Sheej) Breeders Asso¬ ciation. Register of Vermont Atwood Merino Sheep Club Register of the New York State American Merino Sheep Breeders’ As.sociation. Register of the Standard American Merino Sheep Breeders’ Association. Register of the Ohio Spanish Merino Sheep Breeders’ Association. Register of the United States Merino Sheep Breeders’ Association. Register of the Michigan Merino Sheep Breeders’ As¬ sociation. Register of the National Merino Sheep Breeders’ As¬ sociation. Register of the Missouri Merino Sheep Breeders’ As sociation. American Merino Sheep Register. Wiscon lin Merino Sheep Register. American Rambouillet Record. National Delaine Merino Register. Improved Delaine Merino Register. Dickinson Spanish Merino Shee]) Register. Black Top Spanish Merino Sheep Register. APPENDIX NO. Y 697 LIST OF REGISTERS OR BOOKS OF RECORD, ETC.— Continued. American books —Continued. SHEEP—Continued. Name of breed. Name of book of record. Merino (Delaine). Do... Merino (Saxony). Shropshire. Hampshire Down Oxford Down — Southdown. Cheviot -.. Lincoln... Do.. Cotswold. Leicester .. Dorset Horn. Suffolk. Improved Black Top Merino Record. Standard Delaine Merino Register. National Improved Saxony Sheep Register. American Shropshire Sheep Record. Record of Hampshire Down Breeders’ Association of America. American Oxford Down Record. American Southdown Record. Flock Book of the American Cheviot Sheep Breeders' Association. American Lincoln Record. Register of the National Lincoln Sheep Breeders’ As¬ sociation. American Cotswold Record. American Leicester Record. Flock Record of the Dorset Horn Sheep Breeders' Association of America. Register of the American Suffolk Flock Registry As¬ sociation. SWINE. Berkshire. Poland-China... Do. Do.. Do-. Do.. Chester White.. Do-- . Duroc-Jersey... Do. Essex .. Cheshire. Victoria. Small Yorkshire Yorkshire. American Berkshire Record. American Poland-China Record. Central Poland-China Record. Ohio Poland-China Record. Standard Poland-China Record. Northwestern Poland-China Record. Chester White Record. Todd’s Improved Chester White Record. American Duroc-Jersey Record. Record of the National Duroc-Jersey Record Associa¬ tion. American Essex Record. Cheshire Herd book. Record of the Victoria Swine Breeders’ Association. Record of the Small Yorkshire Club. Register of American Yorkshire Club. DOGS. Fifty-seven recognized j American Kennel Club Studbook, breeds. G98 APPENDIX NO. Y, LIST OF REGISTERS OR BOOKS OF RECORD, ETC.—Continued. 1743. Foreign books. HORSES. Name of breed. Where bred. Thoroughbred. Do. Great Britain.. France . Hackney.... Great Britain.. .do. Shire. Suffolk Punch. .do. Clydesdale_ .do. Select Clydesdale .. .do. Cleveland bay _ _do. Yorkshire coach_ .do. Shetland pony_ .do. Polo pony.. .do. Percheron . France. French draft. .do. French coach. .do. Do. .do. Oldenburg coach... Oldenburg__ Germany_ .do. Holstein coach. ... .do. East Friesland coach. Hanoverian_ .do -. .do. Trakehnen . .do. Do. .do. Belgian draft. Belgium. Orloff__ Russia. Arab > . Ottoman Em- nire. Algeria. Barb .... Name of book of record. The General Studbook. Le Studbook Frangais. Hackney Studbook. Shire Horse Studbook. Suffolk Studbook. Clydesdale Studbook. Studbook of the Select Clydesdale Horse So¬ ciety of Scotland. Cleveland Bay Studbook. Yorkshire Coach-Horse Studbook. Shetland Pony Studbook. Polo Pony Studbook. Studbook Percheron de France. Studbook des Chevaux de Trait Frangais. Le Studbook Frangais des Chevaux Demi- Saiiff. Studbook des Eleveurs Frangais de la Race des Chevaux Demi-Sang. Stammregister fiir den starken, ele^anten Schlag des Oldenburgischen Kutschprerdes. Oldenburger Gestutbuch. Gestutbuch der Holsteinischen Marschen. Ostfriesisches Stutbuch. Hanoverian Studbook. Ostpreussisches Stutbuch fiir edles Halbblut- Trakehnen. Stutbuch des kdniglich. preuss. Haupt-Ge- stiats-Trakehnen. Studbook des Chevaux de Trait Beiges. Record of the Imperial Russian Horse-Breed¬ ing Society. Le Studbook Algerien. ASSES. Jacks and jennets.. France. Do. Spain. Do. Italy. SUidbook des Animaux del’Esp^ce Mula.ssi^re. Race Chevaline et Race Asinine Studbooks of Jacks and Jennets of Spain. Studlxioks of Jacks and Jennets o^^ Italy. 1 Pedigrees of luire-bred Arab horses of five recognized breeds are carefully ^>re- served. A certificate duly attested by a shiek is the best evidence of pure breeding. The recognized breeds are the Kehilan, Seglawi, Hamdani, Abeyan, and Mauaghi. APPENDIX NO. V 699 LIST OF REGISTERS OR BOOKS OF RECORD, ETC,—Continued. Foreign books —Continued. CATTLE. Name of breed. Where bred. Name of book of record. Shorthorn Do. Great Britain.. France. Do. Hereford. Devon. South Devon Hams. Sussex.. Jersey _ Do. —. Guernsey.. Do...... Red Polled_ or New Zealand.- Great Britain.. _do. _do. do do do do do do Welsh. Do.... Ayrshire.. Aberdeen-Angus.. Galloway. Highland. Kerry and Dexter Kerry. Norman. Brittany. Friesian. .do. .do.. _do.. .do. .do. .do. Great Britain and Ireland. France. _do. Netherlands.. Brown Swiss (Schwytz). Simmenthal (Ber- ner-Fleck vieh). Oldenburg..' Switzerland ... _do. Germany. Jeverland. Holsteinische Elb- marsch. Hollander. Do .. Do.. Ostfriesischer.. Breitenberger und Whilstermarsch. _do. _do. East Prussia... West Prussia.. Pomerania_ East Friesland. East Prussia... Coates’s Herdbook. Le Herdbook Frangais pour les Animaux dela Race Bovine de Durham. New Zealand Shorthorn Herdbook> Herdbook of Hereford Cattle. Davy’s Devon Herdbook. ^ Herdbook of South Devon Cattle. Sussex Herdbook. Jersey Herdbook. English Jersey Herdbook. Guernsey Herdbook. English Guernsey Herdbook. Red Polled Herdbook of Great Britain and Ireland. North Wales Black Cattle Herdbook. Welsh Black Cattle Herdbook. Ayrshire Herdbook. Polled Herdbook. Galloway Herdbook. Highland Herdbook. Kerry and Dexter Herdbook. Herdbook de la Race Normande Pure. Herdbook de la Race Bretonne Pie Noire. Friesian Herdbook (Friesch Rundvee Stam- boek). Schweizerisches (Braunvieh-Race). Heerdbuch (Berner-Flockvieh.) Herdbuch fiir die Oldenburgischen Weser- marschen. Herdbuch fiir die Marchen des Jeverland. Herdbuch fiir die Viehzucht-Vereins fiir die Holsteinische Elbmarsch. Ostpreussisches Herdbuch. Westpreussisches Herdbuch. Baltisches Herdbuch. Stammbuch Ostfriesischer Rindviehschlage. Ostpreussisches Herdbuch fiir die Breiten¬ berger und Whilstermarsch-Racen. SHEEP. Hampshire Down .. Oxford Down... Great Britain _do. Shropshire. .do_ Suffolk. _do.. Wensleydale. .do. Hampshire Down Flock Book. Oxford Down Flock Book. Shropshire Flock Book. Suffolk Flock Book. Wensleydale Flock Book. 700 APPENDIX NO. V LIST OF REGISTERS OR BOOKS OF RECORD, ETC.—Continued. Foreign books —Continued. SHEEP—Continued. Name of breed. Where bred. Name of book of record. W ensley dale. Great Britain.. .do. Wensleydale Bluefaced Sheep Flock Book. Cheviot Sheep Flock Book. Dorset Flock Book. Southdown Flock Book. Lincoln Long Wool Sheep Breeders' Flock Book. Cotswold Flock Book. Improved Leicester Flock Book. Cheviot.- Dor.se t Horn. _do. Southdown_ .do. Lincoln . .do. Cotswold.-. .do. Leicester... .do .. SWIXE. Berkshire_ Great Britain. 1 British Berkshire Herdbook. Black or Suffolk.... Large White_ Middle White. Small White. Tam worth. ^.do. Herdbook of the National Pig Breeders’ Asso¬ ciation. DOGS. Fifty-seven recog¬ nized breeds. (•Irpy bound _ Great Britain.. .do. Kennel Club Studbook. Greyhound Studbook. APPENDIX VI. L 4 •I « «• «■ .» < »■ 'L ■ ■ ■ ■ » .. be* FORMS. Form No. 1. [See R. S. 1757 and act of May 13,1884, 23 Stat., p. 22.] Oath of allegiance and office. (Paragraphs 33,45.) I,-of -, appointed -of the United States at -, 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; that I take this obligation freely, without any mental reservation or purpose of evasion; and that 1 will well and faithfully discharge the duties of the office on which I am about to enter. So help me God. Sworn and subscribed before me, a-in and for the-, this — day of-, A. D. 189—. Form No. 2. Bond for consular officers ivho are not permitted to engage in trade. (Paragraph 35.) Know all men by these presents: That we,-, principal, and -and-, sureties, the two last named being citi¬ zens of the United States residing at-, State of-, are held and firmly bound to the United States of America in the sum of-thou¬ sand dollars, money of the said United States, to the iiayment whereof 703 704 APPENDIX NO. VI. we bind ourselves, jointly and severally, our joint and several heirs, executors, and administrators. Witness our hands and seals this-day of-, 189—. The condition of the above obligation is such, that if the above bounden -, appointed-of the United States at-, shall truly and faithfully discharge the duties of his said office according to law, and shall truly and faithfully account for, pay over, and deliver up all fees, moneys, goods, effects, books, records, papers, and other property which shall come into the hands of the said-, or into the hands of any person for his use as such-under any law now or hereafter enacted, and that he will truly and faithfully perform all other duties now or hereafter lawfully imposed upon him as such -. And these presents are subject to this other and further condition, that he, the said-, will not, while he holds the said 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 consular district, directly or indirectly, either in his own name or in the name or through the agency of any other person; and, in case he, the said-, shall violate the provisions of this condition, that then the above-named obligors shall be liable to said obligees to a penalty for the breach of such condi¬ tion in a sum ecjual to the amount of the annual compensation of said -, which is hereby stipulated, agreed upon, and admitted by way of li(iuidated damages; but that this condition shall not impair or prevent the right of the United States to prosecute said-for the recovery of said penalty against him, the said-, indi¬ vidually, the same as if this bond had not been given; and if the said - - shall conform to all the above conditions, then this obligation to be void; otherwise, to remain in full force. -[seal.] -[seal.] -[seal.] Signed, sealed, and delivered in the presence of— State of-, County of -, sa: I,-, the within-named surety on the official bond of- -, appointed-at-, do solemnly-that I am reasonably worth the sum of-dollars over and above all debts, liabilities, and property exempt from execution, and that I executed and delivered the APPENDIX NO. Vi;. 705 ’ within bond without any condition, reservation, or agreement other than appears on the face thereof. My address is No.-street,-. Subscribed and sworn to before me this-day of-, 189—. Witness my hand and seal. -[L.S.] State of- , County of -, ss: I,-, the within-named surety on the official bond of- -, appointed-at-, do solemnly-that I am reasonably worth the sum of-dollars over and above all debts, liabilities, and property exempt from execution, and that I executed and delivered the within bond without any condition, reservation, or agreement other than appears on the face thereof. My address is No.-street, -. Subscribed and sworn to before me this-day of-, 189—. Witness my hand and seal. -[L. s.] I,-, hereby certify that-and-, the sureties named in the within bond, are severally sufficient to pay the penaltythereof ,and that they are citizens of-and residents of-. Dated at-, 189—. Department of State, Washmgton, -, 189 —. Approved. Secretary of State. Mr.- Chief of the Consular Bureau. The following instructions must be particularly observed and complied with: 1st. The Christian names must be written in the body of the bond in full, and so signed to the bond. 2d. A seal to be attached to each signature. 3d. Each signature must be made in the presence of two persons, who must sign their names as witnesses. 17824 C R-45 706 APPENDIX NO. VI. 4tli. The United States attorney of the district in which the sureties reside, or the Member of Congress for the district, or one of the Senators of the State from which he is appointed, must certify that they are sufla.cient to pay the penalty of the bond and are citizens of the United States. The place of residence of the sureties must also be stated. This requirement being for the benefit of the Secretary of State, he may substitute any other for it in any particular case, in order to enable him to be satisfied of the sufficiency of the sureties. 5th. Bond to bo dated. 6th. Married women will not be accepted as sureties; but by the act of August 13,1894, a security or guaranty company which has complied with the provisions of that act is permitted to become surety on a consul’s bond in lieu of individual sureties. Form No. 3. Bond for consular officers who are permitted to engage in trade. (Paragraphs 35,43.) Know all men by these presents that, we,-, principal, and -and-, sureties, are held and firmly bound to the United States of America in the sum of -thousand dollars, money of the said United States, to the payment whereof we bind our¬ selves, jointly and severally, our joint and several heirs, executors, and • administrators. Witness our hand and seals this-day of-, 189—. The condition of the above obligation is such, that if the above- bounden-, appointed-of the United States at-, shall truly and faithfully discharge the duties of his said office accord¬ ing to law, and shall also truly and faithfully account for, pay over, and deliver up all moneys, goods, effects, books, records, papers, and other property whicli shall come into the hands of the said-, or into the hands of any person for his use as such-, under any law now or hereafter enacted, and faithfully perform all other duties now or hereafter lawfully imposed ui)on him as such-, then this obliga¬ tion to be void; otherwise to remain in full force. -. [seal.] -. [seal.] -. [seal.] Signed, sealed, and delivered in the presence of— APPENDIX NO. VI 707 The following instructions must be particularly observed and complied with: 1st. The Christian names must be written in the body of the bond in full, and so signed in the bond. 2d. A seal to be attached to each signature. 3d. Each signature must be made in the presence of two persons, who must sign their names as witnesses. 4th. The United States attorney of the district in which the sureties reside must certify that they are sufficient to pay the penalty of the bond and are citizens of the United States. If, however, the sureties are not citizens of the United States, their sufficiency to pay the penalty of the bond should be certified by the consul. 5th. Bond to be dated. 6th. Married women will not be accepted as sureties; but by the act of August 13,1894, a security or guaranty company which has complied with the provisions of that act is permitted to become security on a consul’s bond in lieu of individual sureties. 7th. Oath of sureties and certificate of their solvency same as in Form No. 2, except as indicated in the 4th instruction above. Form No. 4. (Omitted.) Form No. 5. Joint certificate of the outgoing and inco7ning officers. (Paragraphs 57,58.) -OF THE United States-, -, 189—. We certify, on this the-day of-, the services of A B ceased, and he is entitled to his salary, or fees, including said day; and that the services of C D commenced the day following, he having received the archives, a full and complete inventory of which is hereto annexed, as required by paragraph — of the Consular Regulations. -, U. S. Consul. -, late U. S. Consul. 708 . APPENDIX NO. VI Form No. 6. Form for the first (or outside) page of a dispatch. (Paragraph 120.) [For the form of the same dispatch see No. 7.] [No. -.] COXSUr.ATK OF TUB UNITED STATES AT -. -, 189—. Mr. - to the Department of State: Subject .—Loss of ship Boston. Abstract of contents. Ship lost at sea August—,-; crew saved by British brig London. An ac¬ knowledgment recommended. Master’s protest inclosed. Form No. 7. Form for a dispatch and inclosure. (Paragraph 120.) [Thisdispatch should commence on the third page of the first sheet.] [No.-.J Consulate of the United States, -, 189—. Assistant Secretary of State, Washington, D. C. Sir: I have to report that, on the 10th instant, the ship Boston, of New York, hound for this port, took fire at sea in latitude-, longitude-, -miles distant.from this jiort. No passengers were on hoard. The officers and crew took to their boats, after vain efforts to save the vessel and cargo. Tliey were rescued and hrought into this port hy the British brig London, John Fox, master, whose conduct on the occasion was such APPENDIX NO. YI. <700 as to lead me to recommend that it be suitably acknowledged by the Government of the United States. The details of the loss will be found in the protest of the master, a copy of which is inclosed. The crew are entirely destitute, and have been relieved at this Consulate. They will be returned to the United States by the earliest opportunity. I am, sir, your obedient servant. U. S. Consul. [Inclosure.] 1. Copy of protest of master of ship Boston, dated-, 189—. Form No. 8. Address of envelopes. (Paragraph 129.) Consulate op the United States of America at To the Department of State, Washington, D. C. Form No. 9. Consular jyassport. (Paragraph 156.) CONSULATE OF THE UNITED STATES OF AMERICA. To all to ivhoni these presents shall come, greeting: I, the undersigned. Consul of the United States of Amer¬ ica for-, and the dependencies thereof, hereby request all whom it may concern to permit safely and freely to pass -, a citizen of the United States, and, in case of need, to give him all lawful aid and protection. Given under my hand and the seal of the Consulate at -, this-day of-, A. D. 189— , and in the year of the Independence of the United States-. [SEAL.] -, U. S. Consul. Age, — years. Stature. Forehead. Eyes. Nose. Mouth. Chin. Hair. Complexion. Face. 710 APPENDIX NO. VI. Form No. 10. Form for a visa of a passport. (Paragraph 160.) Consulate of the United States of America at Good. * y 189—. [L.S.] -, XJ. S. Consul. Form No. 11. (Omitted.) Form No. 12. Certificate to he used in p>rosecutions of masters of vessels for refusal to depos i t, papers. i Paragraph 178.) United States Consulate,-, 189—. Sir: a penalty is supiiosed to have been incurred by [James Johnson], of Orleans, commander of the brig Jackson, of that jdace], for a \dolation of sections 4309 and 4310 of the Revised Statutes of the United States for [refusing to deposit the papers of the said brig ivith such con¬ sul] , and for which he is liable to be prosecuted in my name as consul of the United States for this port. You, or the proper law officer of the United States, are authorized, at their proper costs and charges, to institute in my name a suit to recover the same for their use and benefit, and the same to control and to dis¬ charge according to law in such court having jurisdiction thereof as you or he shall deem proper. Witness my hand and consular seal. [L. s.] -, U. S. Consul. Hon.-, Secretary of State. * The equivalent for “good “ in the language of the country should be used. APPENDIX NO. VI. 711 Form No. 13. ^ Certificate given to master on deposit of ship^s register and papers. (Paragraphs 179,525.) Consulate of the United States of America at-, -, 189—. I, the undersigned, consul of the United States of America, for- and the dependencies thereof, do hereby certify that-, mas¬ ter of the-, has duly deposited in this consulate the register of the said-, together with the crew list and shipping articles. Given under my hand and the seal of this consulate, the day and year above written. [L.S.] -, U. S. Consul. Form No. 14. '^Certificate given to master on delivery of ship^s register and papers. (Paragraphs 180,525.) Consulate of the United States of America at-, -, 189—. I, the undersigned, consul of the United States of America, for- and the dependencies thereof, do hereby certify that-, mas¬ ter of the ship or vessel called the -, of-, having this day exhibited to me the clearance of said vessel from the proper authorities of this port, I have delivered to him, the said master, the register and papers of the said vessel, duly deposited in this consulate on the- day of-, 189—. Given under my hand and the seal of this consulate the day and year above written. [L.S.] -, U. S. Consul. 1 No extra charge is to he made for this certificate. 712 APPENDIX NO. VI. PORM No. 15. Shipping agreement between master and creie. (Paragraph 189.) United States of America: (Date and place of first signature of agreement, including name of Consular 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 xiart of the world as the master may direct and back to a final i)ort 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 resiiec- tive duties, and to be obedient to the lawful command of the said master, or of any xiei’son who shall lawfully succeed him, and of their suxierior officers, in everything relating to the said shixi, and the stores and cargo thereof, whether on board, in boats, or on shore; and in consideration of which service, to lie duly iierfornied, the said master hereby agrees to i)ay to the said crew as wages the sums against their names respec¬ tively exxiressed. and to sux)i)ly them with x>rovisions according to the annexed scale. And it is hereby agreed that any embezzlement or will¬ ful or negligent destruction of any xiart of the ship's cargo or stores shall be made good to the owner out of the wages of the xierson guilty of the same. And if any xierson enters himself as qualified for a duty which he xiroves himself incomxietent to x)erform, his wages shall lie reduced in proxiortion to his incomxietency. 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 rejiresent the same to ‘the master or officer in charge of theshix>, in a quiet and orderly manner, who shall thereupon take such stex)s as the case may require. And it is also agreed that (here any other stipulations may be inserted to which the iiarties agree, and which are not contrary to law). > Hero the voyage is to he described, and the places named at which the ship is to touch, or, if that can not Ixj done, the general nature and prol)able length ot the voyage is to be stated, and the port or country at wiiich 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 subscribed their names hereto on the days against their respective signatures mentioned. Signed by-, master, on the-day of-eighteen hundred and-. a ci cc «i-i o 'S CQ .Height, be <1 © w .£3 V P, s o o ci M 03 bc 'Time of Iservice.! 3 - c o <5 c5 O cc O X o &JD c5 sc o tD c3 CD C o c3 O Is -P 4-) o c5 d -p ci JXI fn 2 3 C C6 -rH S O o o y ^ S!.Sb O 4 -) 0) r— c3 >s r-H •P o GO C o • 1 ^ -tJ ci ZJ cC +s o I o <; I o 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 assignmen t was registered. 714 APPENDIX NO. YI. Table D .—{To he inserted in agreement.)—Scale of provisions to he allowed and served out to the crew during the voyage. Sunday .... Monday.... Tuesday ... Wednesday Thursday.. Friday. Saturday .. 'O rt a> t-i W Lhs. 1 1 1 1 1 1 1 Cm 0) m Lhs. U 'ii' u o Ph Lhs. "Ti "'ii "Ti s o Lhs. i 73 C« ® Ph Rice. 'S c3 m Tea. Coffee. Sugar. Water. Pis. Pts. Pts. Ozs. Ozs. Ozs. Qts. i i 2 3 i i i 2 3 i i 2 3 i i i 2 3 i i 2 3 i ...... i 2 3 i i 2 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 of America at -, On this - day of -, A. D. 189—, appeared before me,- -, consul of the United States .at-, A B, etc., all person.ally known to me, and in my presence signed the within agreement with my sanction, and in all respects complied with the reciuirements of the act approved June 7, 1872, entitled “An act to authorize the api)ointment 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., 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. Form No. 17. Certificate of discharge of seamen, to he attached to crew lists ajid ship¬ ping articles. (Paragraph 209.) Consulate of the United States, -, -, 189—. Ship’s name,-. Official number,- Seaman’s name,- Port of registry,- Tonnage,-. Description of voyage. Seaman’s age. Place of birth. Character,-. Capacity,-. Height,-. 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. Seaman. Given to the above-named seaman in my presence this-day of -, 189—. [seal.] -, U. S. Consul. 716 •APPENDIX NO. VI. Form No. 18. 1 Certificate of discharge of seaman. ■ 1 (Paragraph 209.) Consulate of the United States of America, ’ -,-, ISO—. Name of ship,-. Official number,-. Port of registry,-. ' ' Tonnage,-. Description of voyage or employment,-. Name of seaman,-. ' Place of birth,-. Age,-years. Character,-. Ability, -. Capacity,-. Date of entry,-, 189—. ■ Date of discharge,-, 189—. i a ■ Place of discharge,-. \ I certify that the above i^articulars are correct, and that the above- . named seaman was discharged accordingly. Seaman. Master. I Given to the above-named seaman in my presence this -day of ^ -, eighteen hundred and ninety-. U. S. Consid. Form No. 19. Certificate and oath of a neir master appointed by eonsid. (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-day of-, before me. U. S. Consul. APPENDIX NO. VI.. 717 ' Consulate of the United States of America at-, -, 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 consular district of - to the United States during the four quarters of the year ended -,-. Articles. Quarters ending— Total for the year. Septem¬ ber 31,1884. December 31,1885. March 30, 1885. June 30. 1885. U. S. Consid. Note. —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 creic bond. (Paragraph 197.) Consulate of the United States at 5 189—. Sir: The accompanying list contains the names, places of birth, resi¬ dence. and description of persons composing the crew of the-, of 718 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. 22. 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. 23. Certificate given to masters tchose seamen leave hospital against jyhysician’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- idication, 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 ad^’ice 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 ill-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 transx)orting to the United States destitute American seamen. (Paragraph 282.) Consulate op the United States of 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 certi¬ 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. Given under my hand and seal of office this-day of-, 189—. U. 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. Form No. 25. (Omitted.) Form No. 26. Affidavit or certificate of attending idiysician. (Paragraph 284.) I hereby swear (or certify, as the case maybe) 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 i)ersons was such during that time that it would have endangered their lives to have sent them on their homeward voyage. -, M. D. J 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 unable to perform dutj' the consular officer must state on this certificate the nature and cause of his disability, and what in his opinion will bo a fair and reasonable allowance in addition to the rate fixed by law for the pas.sagn of a seaman who can i)erform duty. APPENDIX NO. VI. 721 Form No. 27. Complaint hy crew of had quality or insufficient quantity of provisions or water. (Paragraph 316.) To-, Consul of the United States at -; The undersigned, 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 use of the crew of the said vessel are of bad 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.] Form No. 28. Notice to master of residt of examination on complaint of cretv. (Paragraph 316.) Consulate of the United States at-, -, 189—. To-, master 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—. [seal.] 17824 C R-46 , U. S. Consul. 722 APPENDIX NO. VI. Form No. 29. Entry of result of examination in log hook 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]. -, U. S. Consul. Form No. 30. Report to the district judge 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. Consid. APPENDIX NO. VI. 723 Form No. 31. Request to local authorities to imprison seamen or mariners. (Paragraphs 299, 320, 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 insubordinate 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, U. S. Consul. Captain [or other authorities of the port]. Form No. 32. 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, XJ. S. Consul. Captain [or other authorities of the port ]. 724 APPENDIX NO. VI. Form No. 33. Oath and declaration of master to desertion of seamen or mariners. (Paragraph :300.) Consulate op the United States of America, -,-, 189 —. I,-, master of the ship-, of —-, now lying in the port of-, do hereby make oath, in due form of law, that the sea¬ men or mariners hereinafter named, and who are noted on the crew list of the said vessel as deserters, absconded from the said ship-at the ports or x)laces hereinafter named, without my knowledge or consent, at or about the times hereinafter placed opposite their names respectively: Name. Place. Time. Master. Subscribed and sworn to before me,-, Consul of the United States, this-day of-, 189—. [L. s.] -, U. S. Consul. Form No. 34. Request to local authorities for the arrest of deserters. (Paragraphs 29i), 1306, and 330.) Consulate of the United States of America at - -, 189-. Sir: , and men belonging to the -, of -, whereof , 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. Cons2iL To-. Form No. 35. Certificate to be issued to citizens of the United States being jmrchasers 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.j -, U. S. Consul. Form No. 36. Certificate to be attached to documentary evidence accompanying requisi¬ tions in the United States for extradition. (Paragraph 425.) Consulate 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 af&xed this-day of-, 189—. U. S. Consul. Form No. 37. Marine note of jyrotest. (Paragraphs 186 and 605.) Consulate of 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 shij) or vessel called the-, of-, of the l)urden 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 -, 1S9 —. (Paragraph 1S6.) Consulate of the United States of 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 cern that, on the -day of -, one thousand 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, G 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 i)ort 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. YI. 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. U. S. Consul. M O, do. Form No. 39. Protest of the master of a vessel against charterers or freighters. (Paragraph 186.) Whereas the surveyors of theship-,of-,-mas¬ ter, of the-day of -, have recommended the said ship to pro¬ ceed toa iiortof 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: And whereas, 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 the port of-, 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 APPENDIX NO. VI. 720 States of America for came and appeared and the dependencies thereof, personally 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 jDort 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 creu\ (Paragraphs 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. ConsuVs decision and aioard in cases of protest against masters, passen¬ gers, or creiv. (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, under 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 officers, 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 furthermore 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.] U. S. Consul. Form No. 42. Call of survey on a vessel. (Paragraph 33:3.) No. 1.] -, 189—. -, Esq., United States Con.sul 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 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 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 -. Received-dollars for holding the above survey. Form No. 45. Certificate authenticating the signatures of surveyors .. (Paragraph 333.) No. 4.] Consulate of the United States of America at - -, 189—. 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 333.) No. 1.] - , Esq., 189—. United States Consul at -: Sir: The cargo of the ship-, of-, under my command, being now discharged, I have therefore resi)ectfally to rec^uest 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. Verv respectfully, etc., , Master. APPENDIX NO. VI. 733 Form No. 47. Second ivarrant to survey a vessel. No. 2.] (Paragraph 333.) Consulate of the United States of America 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. S. 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 of 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-, agreea¬ bly to the recommendations contained in 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 sjiikes...... For-sheet felt......... For-lbs. oakum... For -barrels pitch.... For-barrels tar. For -barrels rosin.. .. For -sheets copper,-lbs., at.. For-lbs. coi)per 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. Form No. 51. Certificate authenticating signature to estimate. (Paragraph 333.) 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-, master ship-carpenter at-, and as such is entitled to full faith and credit. Given, etc. U. S. Consul. Form No. 52. Certificate authenticathig copies of call, warrajit, and report of survey. (Paragraph 333.) Consulate of the United States of America at-, -, 189—. I, the undersigned. Consul, etc., do hereby certify that the foregoing call, warrant, and report of survey, and the certificate thereto signed -, United States Consul, numbered 1,2,3,4, 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. Consid. 736 APPENDIX NO. VI. Form No. 53. Letter to authorities in cases of sinking vessels. (Paragraph S3:3.) Consulate of the United States at -, -, 189—. Sir: The surveyors of the ship-, of-,-, master, having recommended that the shij) should he 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. Captain of the port [or other authority^. Form No. 54. Advertisement for funds on bottomry to repair. (Paragraph 334.) $-to $-. » ANTED 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. Advertisement 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. Licensed Auctioneer. Form No. 56. Certificate to advertisement for funds on bottomry, ivhere no proposals have been received. (Paragraph 334.) Consulate of the United States of America at -, -, 189—. 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 V. S. Consid. 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 Printed ADVERTISEMENT to be here AFFIXED. proceed to sea. Given, etc. 738 APPENDIX NO. VI. Form No. 57. Certificate to the advertisement of the sale of a vessel. (Paragraph 334.) United States of America at-, -, 189—. I, the undersigned, Consul, etc., do certify that the annexed advertisement, in English and-, was published in the-, from the-day of-to the-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 ajipear by the account of sales of-, licensed auctioneer, hereto annexed. Given, etc. U. S. Consul. Consulate of the Printed ADVERTISEMENT to be here AFFIXED. Form No. 58. Inventory of a ship or vessel. (Paragraph 334.) No. 1.] Inventory of ship-, of-, of the burden of-tons register, advertised to be sold at-p.in., the-day of -, by public auction, for account of whom it may concern, by-, licensed auctioneer, viz: Ship-, withhull, 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 foretopsail, etc. , 189—. 5 Master. APPENDIX NO. VI. 739 Form 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, before 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. blaster. Note. —It is optional with the master to make this declaration. Form No. 60. 3Iaster^s letter notifying Consul of intention to sell vessel aijd cargo, (Paragraph 334.) No. 3.] -,-, 189—. -, Esq., U. S. 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. yi. Form No. 61. Letter of nuister to auctioneer. (Paragraph No. 4.] -,-, 189—. -, Esq., Licensed Auctioneer at -; Sir: As agent for wliom 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 idease 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. 62. Certificate anthentieating copies of inx'entories and letters. (Paragrai)li Consulate of the United States of 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 sighed-, master, numbered 1, 2,3, 4, are true and faith¬ ful t;opies 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. APPENDIX NO. yi. 741 Form No. 63. Account of sale of a vessel. (Paragraph 334.) 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—. Licensed Auctioneer. Form No. 64. Certificate authenticating signature of auctioner. (Paragraph 334.) No. 2.] Consulate op 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 of the United States of 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 2, 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 3:31 and 334.) Consulate of 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 jirivate, 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 abov^e 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 be void and of no effect. -. [l. s.] Signed, sealed, and delivered in the presence of— Form No. 69. Acknoii'ledgitieut to bottomry bond. (Paragraph 3-M.) 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 bond 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 bottomry bond. (Paragraph We hereby assign our rights in the within bond to-, mer¬ chants of-, that it may be paid to them or to their order. 7 APPENDIX NO. VI. 745 Form No. 71. Acknoidedgment 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 xiersonally 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 of 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. U. 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, Consul. Form No. 74. Oath of master to death or loss overhoard at sea of a seaman or mariner. (Paragraph 188.) Consulate of the United States of America at-, -, 189— I, master of the-, of-, do hereby make oath, in due form of law, that-died at sea [or 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 master or mate to correctness of log-hook. (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 wdthin folios from-to-, contains a true and faithful log, written by-, of the transactions on board the said-, day bj^ day as they occurred. Subscribed and sworn to before me this-day of -, 189—. [seal.] -, U. S. Consul. APPENDIX NO. VI. 747 Form No. 76. Oath of master to ship’s bills and vouchers for disbursements and repairs, (Paragraph 188.) 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. Consul’s certificate for custom-house or authorities, in case of the devia¬ tion of a vessel from the voyage. (Paragraph 188.) Consulate of 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 ownership of a vessel. (Paragraph 188.) Consulate of the United States of 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. S. Consul. Form No. 79. Roll or list of creiv 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 Names of seamen or mari¬ ners. Stations. Country to which they belong. Embracing in this roll - seamen and mariners, including the captain. U. S. Consul. APPENDIX NO. VI. 749 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 dne 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 acknowledgme^it to same. (Paragraph 188.) 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-, 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 be 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. yi. Form No. 82. Certificate of shipment of seamen or marmes attached to crew-list and shipping-articles. (Paragraph 188.) Consulate of the United States of Ajvierica at- -, 189—. I,-, Consul of the United States of America for-and the dependencies thereof, do liereby 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: Names of seamen or mariners. Stations. Age. Height. Country to which they belong. Lay or share of I oil or cargo. Monthly wages. Advance wages. Voyage. Feet. In. Given, etc. U. S. Consul. Form No. 83. Agreement of master to give increased wages. (Paragrai)li 188.) I,-, master of tlie-of -, taking into con.sidera- tion the high rate of wages for seamen, ordinary seamen, cooks, and stewards, out of the port of-, do hereby agree and bind myself to l)ay, or cause to be paid, the sum of-dollars to the ordinary sea¬ men, -dollars tf) the seamen, and-dollars to the-here¬ inafter named, belonging to the said vessel, as increased wages, begin- APPENDIX NO. VI. 751 ning from the-day of-, and continuing until the termination of the voyage, agreeably to the contract of shipping-articles signed by them, a certified copy of which is hereto annexed, dated-, 189—. Master. Attested: [L. s.]-, U. S. Consul. Form No. 84. Form to he used ichen shipwrecked seamen are picked up at sea and conveyed home, or to any other port. (Paragraphs 188 and 290.) I,-, master of the -, merchant-vessel, belonging to the port of-, and of the burden of- tons, per register, do sol¬ emnly and sincerely declare that I received on board the said vessel at - the under-mentioned - seamen^ [-being part or the whole of the crew of the-, merchant-vessel, which I have heard and verily believe was on her voyage from-to-, of the bur¬ den of about-tons, and was owned by-, of-]. I further declare that I landed them on the day or days, place or places, set forth in the statement underneath, and subsisted them the number of days against each person expressed, making in the whole ^ -days; and that during the whole of such time I had my full com¬ plement of men and boys, viz: -men and boys,^ exclusive of the under-mentioned seamen, for whom I now claim subsistence; and in proof of the justice of the claim I am willing (if required) to produce my log-book and the declaration of the mate and carpenter; and I make this solemn declaration, conscientiously believing the same to be true. I further declare that -were saved from the wrecked vessel. 1 The words between [ ] must be repeated for every wrecked vessel, when more than one, to which the seamen belonged. 2 The number here is to be inserted in words at length. 3 If the full complement not on board, state how many were deficient. ^Here insert the words “not any provisions,” or (as the case may be), “the provi¬ sions specifically stated, and the value thereof.” 752 APPENDIX NO. VI Men’s names. Rating. When received. In what vessel shipwrecked. I From what ship received. When and where landed, or how disposed of. N unber of days on board. Port. Date. , Master. Declared before me at-, this-day of-, 189—, U. S. Consul. Form No. 85. Receipt by Consul for effects of a deceased seaman. (Paragraph 255.) I certify that the above-named master has paid me the above-named sum, and has delivered to me the above-named effects, as the money, goods, and eJffects of the above-named deceased, which he left on board APPENDIX NO. VI. 753 at his death, I having considered it expedient that the said money, goods, and effects should be delivered to me. Dated this-day of-, 189—._^ U. S. Consul. Form No. 86. Consular quarterly remittance of seamen’’s effects. (Paragraph 256.) Consulate of the United States at-, -, 189—. To the district judge of the United States for the district of -; On the-day of-I received from-, master of the United States vessel -, goods and effects, the property of- , a seaman on said vessel, deceased, and gave therefor the inclosed receipt. The deceased had also within the limits of my Consulate other effects not on board said vessel, as shown in the inclosed inventory. I caused the effects to be sold at auction, and now have the honor, in compliance with the provisions of section 4541 of the Revised Statutes, to inclose a statement of account, together with a draft on_for days’ sight for-, the balance to my debit; and to say that I hold myself ready to render any further account which you may require. Witness my hand and Consular seal at-, the-day of_ A. D. 189—. [seal.] _ U. S. Consid. Form No. 87. Certificate of marriage. (Paragraph 419.) Consulate of the United States, -,-, 189—. 5 Consul of the United States at-, do hereby cer¬ tify that, on this-day of-, A. D. 189—, at-, in the city of , A B, aged years, born in-, and now residing in-, and C D, aged years, born in -, and now residing in-, 17824 C R -48 754 APPENDIX NO. VI. were united in marriage before me, and in'my presence, by - -, who is authorized by the la.ws of-to perform such a cere¬ mony. ^_• In witness whereof I have hereunto subscribed my name and affixed the seal of the Consulate at-, this-day of-, A. D. 189—, and of the Independence of the United States the-. U. S Consul. Form No. 88. Form for authentication of signatures. (Paragraphs 188 and 446.) United States Consulate, -, 189—. I,-, Consul of the United States at-, do hereby cer- - tify j;hat the signature of-, at the foot of the paper hereto annexed, is his true and genuine signature, made and acknowledged in my presence, and that the said-is personally known to me. In witness whereof I have hereunto set my hand and affixed the seal of the Consulate at-, this day and year next above written, and of the Independence of the United States the-. U. S. Consul. Form No. 89. Certificate that an officer is qualified to administer an oath. (Paragraphs 188 and 44(5.) I,-, Consul of the United States of America at-, do hereby certify and make knowm to whom these presents shall come that -, before whom the annexed affidavit [oath, or declaration, as the case may be] of-hath been made, is a Commissioner in the High Court of Chancery, in England, duly authorized to administer oaths and affirmations, and take declarations in lieu of oaths, and that I believe the deponent is worthy of credit and (pialified to verify the annexed affidavit. In testimony whereof I have hereunto set my hand and seal of office, at-aforesaid, this-day of-, 189—. V. S. Consul. APPENDIX NO. VI. 755 Form No. 90. CONTINGENT EXPENSES, UNITED STATES CONSULATES. (Paragraphs 538,543,587.) Departmen t of State, United States, to - U. S. Consul at For the quarter ending - -, 189—. Dr. For rent of consular office for quarter ending this day, as per voucher No. 1. For postage on official correspondence to and from this consulate for the quarter ending this day. For rent of post-office box, as per voucher No. — For stationery, as per voucher No. —.. For subscription to newspapers, etc., as per voucher No. —. For freight and charges on boxes and packages to and from the Department of State, as per voucher No. —. For flagstaif and fixtures, as per voucher No. — For flag, as per voucher No —. For furniture, etc., as per voucher No. — For messenger service, as per voucher No. — For fuel, as per voucher No. —. For lights, as per voucher No. —. For consular seal, as per voucher No. —. For telegrams, as per voucher No. —..' For consular press, as per voucher No. —_'!! For telephone, as per voucher No. — ..” For consular arms, as per voucher No. —.. For record books, as per voucher No. — For binding consular letters, etc., as per vovicher' No. —. For blank forms, as prescribed by the Depart¬ ment of State, as per voucher No. — For loss by exchange on this account, $ -, as per voucher No. —. Cr. By fees remaining after payment of salary ac¬ count. By my draft on Secretary of State. I solemnly swear (or affirm) that the foregoing is a full, true, and cor¬ rect account of the contingent expenses incurred at this consulate during the quarter ending , 189-, and that no expenditure was made undqr this head except as above set down. U. S. Consul at - Subscribed and sworn to before me this-day of_, 189—. N. B. Be careful to sign this account and to transmit it at or before 756 APPENDIX NO. VI the time of making your draft. To be sent quarterly to the Department of State. Complete indorsement on back. U. S. consulate at -. Contingent expenses from-, 189—, to-, 189—.-, United States Consul. Inclo¬ sure No.-, in dispatch No.-. Form No. 91. Voucher for rent. (Paragraph 544.) Received of-, United States Consul at-, the sum of $-in full, for rent, for the quarter ending this day, of rooms No. -,-street,-, which are devoted solely to the business of the Consulate. -, 189—. Form No. 92. Exchange voucher to accompany draft drawn by Consul. (Paragraphs 539, 578, 584, 587.) Date of draft. Amount of draft in United States currency. Gross amount of draft in foreign currency. The rate of ex¬ change. Loss on sale of draft. 1 The net proceeds in foreign cur¬ rency. The net proceeds in United States currency. 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. Consid. y Bankers. APPENDIX NO. VI 757 Form No. 93. Exchange voucher to accompany draft purchased by Consul. (Paragraphs 584 and 587.) Date of draft re¬ mitted. The face of draft in United States currency. The face of draft in foreign cur¬ rency. The rate of ex¬ change. Loss on purchase of draft. The total cost of draft in foreign currency. The total cost of draft in United States currency. To whom and on what account remittance is made. -, 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. gbursed. <» ® g s ® .2 2 2 3 aj 4 s 35 jH ft- 2 ^"3'6 © = ^ ^ o - 35 -tJ (D C -'^ fl 43 ©.2 3 © 4J a; c3 42 3 ft ®r2 02 ;hO OJ rH O be. ^ ^5 -4^ =2 2 a !» 2 ® as S 5 ® -IJ 3 ® ** C © © S ® P.O '=='2 - © © — O ©+J Di{. 189—. Secretary of State. a 2 ; : 5X! »-• 2 a ,0^.3 . 2 cc ^ r.3 ^2 u. s. iDepartment, Auditor for the State and other seamen remain from one quarter to another, or imn. The cause of discharge should always be to the United States, whether a certificate was laid be stated. Face page 758 I Form No. 94. Statement of relief of seamen and account current. (Paragraphs 539, 559, 5f)0, 587, and 605.) The United Sitates Government m account nnth -, United States - at - , from _ to g Cv !z; o tJD d §5 0) d a c3 4^ o Eh Amount disbursed. o P p <*4 O Sh “o o <44 O S T. o3 ft S 0^ c« iD ft 03 4j i/2 d < Ch. STATEMENT OF ACCOUNT. Dk. By balance from-quarter, 189— _ arrears of wages received by him _ extra wages received by him .. proceeds of .sale of effects of seamen By amount of his draft on Secretary of State To balance from - quarter, 189— ... board and lodging .... clothing ....... passage ....... miscellaneous . . .... wages refunded to seamen. ..... To loss by exchange on draft on Secretary of State U. S. Consulate-at-, -, 189—. [seal.] -. U. S.-. Note. — This form, with the blanks properly filled, is to be sent at the close of each quarter to the Treasury Department, Auditor for the State and other Departments, together with a detailed list of seamen or mariners shipped, discharged, deserted, or deceased. When seamen remain from one quarter to another, or through several quarters, the date of their first coming upon the Consulate should continue to be noted in that column. The caitse of'discharge should always l>e clearly stated. Care should be taken to note under the head 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 amount, and when extra wages are collected the grounds therefor should be stated. Face page 758 Consular Regulations. APPENDIX NO. VI. 759 Form No. 95.. Voucher for hoarding and lodging. (Paragraphs 274 and 557.) Consulate op the United States at To- 189—. Dr. For boarding and lodging-, a destitute Amer¬ ican seaman, from-dav of-to-, at- per day [or week]______$ The above bill is correct. Seaman. Received-,189—, from-,-United States Consul, the sum of-dollars, in full of the above bill. Form No. 96. Voucher for hospital expenses and medical aid. (Paragraphs 274 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 C.D. November. 22 48 $48 52 no October.. 6 E.F. November. 26 52 00 November_ 1 M.O. November. 12 12 12 00 112 00 - 189— Received of --, United States Consul, the sum of-dollars and-cents, in full of the above bill. i 760 APPENDIX NO. VI Form No. 97. Voucher for clothing. (Paragraphs 274 and 557.) Consulate of the United States of America at 189—. Dr. For clothing furnished to-, a destitute Amer¬ ican seaman, viz: (Here name all articles of clothing furnished, including cost thereof)...$ 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. Voucher 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 26,.. 4.00 8.00 Received-, 189—, from-, United States Consul at-,the sum of -, in full of the above bill. APPENDIX NO. VI 761 Form 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.) 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 office. I have the honor to be, sir, your obedient servant. N umber of item on schedule. Quantities.* Articles (Put but one item on a line.) < Quantities recommended by Chief of Consular Bureau. * Quantities desired should be expressed in figures, and if less than an original package is required the quantity should be stated in proper terms, i. e., 5 V rm., i M., x'l gr., I doz., i lb., etc. 7G2 APPENDIX NO. VI. Form No. 101. Record of Treasury fees {seaport consulate), (Paragraphs 531, 539, 568, 574, 575, 587, 604.) Fees received at the United States Consulate at -, froix - to the -, 189—. Date. CO © > 2 ^ a © © cc u ^ O i o O'C W M 1 © a I 03 « o 12; 1 93 © © .r^TJ to a Cm . C 'C oj o c s Remarks. rs o a ©'42 > 2 cs S a.S Dh • 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 transcrijit 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 Officer, or for his use, for his official services, to the best of his knowledge, during the period of time therein mentioned. U. S. Consul, Sworn to before me. [Note.— This form is to be transmitted to the Auditor for the State and other De¬ partments at the end of each quarter.] APPENDIX NO. VI 76;3 Form No. 102. Record of Treasury fees {inland consulate). (Paragraphs 531,539,568,587,604.) Fees received at the United States Consulate at - ,frovi - to the -, 189 —. 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. Fees. Place of desti¬ nation of in¬ voices. t (Same oath as in No. 101.) [Note.—T his 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 OF 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 OF 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. Poiver 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 xiersonally 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 ])resence of— APPENDIX NO. VI 765 Form No. 105. Aggregate return of fees at the Consulate of the United States at -, and Consular Agencies connected with it, from - to - inclu- si'vCu (Paragraphs 570,586,587.) Name of Con sular Officer. Office. Where located. Fees for the quarter end¬ ing Sept. 30. Fees for the quarter end¬ ing Dec. 31. Fees for the quarter end¬ ing Mar. 31. Fees for the quarter end ing June 30. Total. Remarks. - U. S. Consid. 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 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 receiving instruc¬ tions, as per certificate hereto annexed, agreeable to Form No. 107.... $ Received payment. U. S. Consul. To Hon.-, Secretary of the Treasury. 7G6 APPENDIX NO. VI. Form No. lOT. Certificate to accompany the account of a salaried Consul ichile 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 office at-, to the-day of-following. U. S. Consul. Form No. 108. Account for compensation ichile making the transit to.post of duty. ^ Paragraphs 563,587.) GovernmExVT 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 making the transit between my place of residence at-and my post of duty-, as per certificate hereunto annexed, agreeably to Form No. 109...$ Cr. By m}" draft on the Secretary of the Treasury.$ U. S. Consul. Note.—T he 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 jiost of duty. (Paragraph 56:1.) I hereby certify that I have been actually and necessarily occupied in making the transit between my i)laceof 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 be executed by each Consular Officer, and accompanying his first account. I (Paragraph 565.) | I 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. Consid. Form No. 111. Certificate to accompany the account of a consid 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 in 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. 189-. To amount of my salary as from — to-at -per an¬ num. 189-. 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 certifi- For bills of health.. For certificate of re¬ turn goods, pack¬ ages, etc. For other fees. Cr U. S. Consulate at 5 U. S. Consul. Form No. 113. Certificate to accompany Form No. 112. (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. 1 left my post in pursuance thereof , 189-. APPENDIX NO. YI 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 be left blank. 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. Usual form of draft. (Paragraphs 556, 566, 579, and 583.) $-. 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 ofidcers will always insert in their drafts the words “ acceptance waived.” Form No. 115. Page of consular correctioyis to invoices. (See paragraph 687.) 17824 C R 49 770 APPENDIX NO. VI Form No. 116. ' General quarterly account. (Paragraphs 539,567,568,572,587,604.) The United States Government in account current tvith - Consul at -. Dr. United States Ck. To compensation of self for the period from-,189, to-, 18—, as established by law. To contingent expenses. United States Consulates for same pe¬ riod, account and vouchers sent to the Department of State. To allowance for clerk at Consu¬ lates, do. do.do. To relief of destitute American seamen for same period,account and voucherssent 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. - s 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 Consrdar District of - to the United States during the quarter ending -, 189—. Articles. V alue in U. S. gold. Note.—T he articles should be arranged alphabetically. U. S. Consul. ‘ See No. 113 for form of certificate to accompany this. APPENDIX NO. VI 771 Form No. 118. Register of official letters 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 inclosures. Amount of postage paid on each letter. Remarks. 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. Form No. 120. Arrival and departure of American vessels at the United States Consulate at -, from -, to -. (Paragraphs 586, 587, (>05.) 5 U. S. Consul. Form No. 121. Statement of passptorts issued at the - of the United States at f rom -, 1S9 —, to - 189 —. (Paragraphs 163,586,587.) [To accompany disi)atch No,-, of-, 189—.] Date. To whom issued. Number. Evidence on which issued. Fee. APPENDIX NO. YI 773 Form 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 visas. Prior visas, dates thereof, and by whom made. Fee. Remarks. Form No. 123. Names of persoris 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, in order that the printed list of Consular Officers may be corrected. 774 APPENDIX NO. YI. Form No. 124. Detailed list of seamen or mariners shipped, discharged, deserted, or deceased at the United States Consulate - at - ,from - to -, and amount collected on account of each. (Paragraphs 557, 559,587, 6f).5.) 1 , “ r o S 0/ p . p o 5 © 0 w - T. tC X o c3^ © y % X iib © S X © ^ a o ^ '*-1 S r' '•* ocY C CM t-i 0 © X X © ti-i c3 C © ^’5b ^ Xr g ^ © © C y • Remarks. C ^ ^ 2-^' © X ©f^ gn: •4-> ? © ci 5^ * H < U. S. Consulate at-,-, 189—. U. S. Consul. [This form is to be sent to the Auditor for the State and other Departments at the end of each quarter, together with the form of “ Statement of Relief and Account Current.”] APPENDIX NO. yi 775 Form No, 12.j. Salary account of Minister Resident and Consul-General. (Paragraph 565.) The Government of the United States in account with -, Minister Resident and Consul-General to -. Dr. Ch. To balance from last account to-, 188—.. To amount of my salary from -, 188—, to -, 188—, inclusive, at the rate of - per annum. Balance due from me to the United States. s cts. By balance due from me, as per last account to -, 188—. By my drafts on the Secretary of State as follows; One dated.. One dated.. One dated.. By fees applied, other than passport fees. Balance due me from the United States. I certify that I have not been absent from iny post during the period embraced in this account. United States Minister Resident and Consul-General. Legation of the United States at-, 188—. 5 776 APPENDIX NO. VI. Form No. 126. Return of seamen ivho have come upon the Consulate otherwise than in the employment of vessels or by regular discharge therefrom. (Paragraphs 321, 557, 587.) United States-at-, -, 189—. To THE Auditor for the State and Other Departments, Washington, D. C. Sir: In accordance with instructions, I beg to transmit the following list of American seamen who have this day come upon this Consulate otherwise than in the employment of vessels or by regular discharge therefrom, viz: Name of seamen. Date of arrival. J Vessel on which | he came. ; i Port or pi a c e from which he came. I i American vessel on which he last served. Port at which he left said vessel and when. Date and cause of leaving port or place from which he came. • [SEAL.] -, U. S. - Consul. [Note.—C are should be taken to note in the last column whether the seaman was sent to your consulate by a consular officer, and full explanations should Imj 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 Form 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. ConsuVs certificate thereto. I,-, Consul of the United States at -, do hereby certify that the within declaration was subscribed and sworn to (or affirmed) 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. 128. Immigrant's 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 effects 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. Returyied American goods. Declaration of foreign exporter. (Paragrajjh 713.) -, ISO—. 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. Consula r certificate and shipj^er's ajfidavi t for returned American shooks. (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 1 Name the articles. 2 If the packages are empty, insert statement of the facts, as “and were exported from the United States filled with the produce of that country.*’ 3 If the packages contain foreign merchandise, insert “ filled with ’’ and a descrip¬ tion of the merchandise they contain. * This 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 shooks of the manufacture 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 affidavit 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 exxDortation, of the intent to return said boxes or [and] barrels filled with fruit, nuts, or other merchandise to the United States, as further apjiears 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, comiilete, landed at -in this district. In testimony whereof I have hereunto subscribed my name and affixed the seal of my office at-, this-day of-, 189—. U. S. 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. YI. regard to fractions of quarters. The following calculations are given as examples, viz: Example No. 1. For amount of my salar}” 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, being 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(778.84 637 717 637 805 728 770 728 420 364 56 91 No. APPENDIX NO. VI. 781 Example No. 3. For fraction of quarter ending 30th September, at $3,500 per annum. July, 31 days. August, 31 “ September, 30 “ July, 31 days. August, 31 “ September, 20 “ ^ 92 $875.00 : : 82 Example No. 4. * * * * * from 1st Julj^ 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_ 875.00 Fraction quarter ending 31st December, 1896_ 770.38 October, 31 days. November, 30 “ December, 31 “ October, 31 days. November, 30 “ December, 20 “ 92 : $875.00 : : 81 Form No. 132. Passport hook. (Paragraph 604.) . Date. Name. Last residence. Place of birth. Profession. Evidence upon which the pass¬ port is granted. Place for whic;h a visa is given. Description. Signature of the person to whom the passport is granted. Remarks. 1 Age, Stature, Forehead, Eyes, Nose, Mouth, Chin, Hair, Complexion, i Date. Number. APPENDIX NO. VI 782 Form No. 133. Invoice hook. (Paragraph (>04.) Name of the party for whom service is rendered. Whither sent. o V a» a • r^i ta o td © o tM o ;h © d w m © © d d c O fn d © C*-| 0 o Ph c © o © 43 © O © s © h ^ -4^ i ci jH lS §1 'd g) 1 Value, including costs and charges, of goods. © o d nd o a © ;h © rd © X c3 Jd © ;4 d Ph Form No. 134. Register of landing certificates. (Paragraphs 604 and 727.) C.msnlav mim- nurchased. her. APPENDIX NO. VI. 783 Form No. 135. Ship’s daily journal, in which, on the deposit of the ship’s register and papers, shall he recorded, for exaynple, as follou's: (Paragraphs 500 and 605.) Ship-, op-,-tons,-, Master. Date of entry and of serv ice ren¬ dered. 1896. Jan. 2 3 2 8 a 20 21 Arrived-day of-, 189—. From-. When built,-, 189—. Where built,-. Owners,-and others. Cargo, inward [here insert where produced | or manufactured].value..1 $ Cargo, outward [here insert where produced or manufactured] .value..L. A B, master. CD, mate. E F.2d mate. Gr H, boatswain, alias I J, sent to hospital. | K L, carpenter, discharged; wages paid, I month’s extra wages...i... 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 R, seaman. Etc. Etc. Shipped for voyage to-. ---, boatswain. -, carpenter. -, steward. -, cook. Register and papers delivered to master bound to-. « Note.— Should any of the seamen or mariners have died at sea, or have been 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 iilace of the absconding seamen; as, for example, ceo 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 hold 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 office 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 Form No. 137. Form of return of a Marshal of a Consular Court. (Paragraphs 586, 587, 649.) United States Consular Court at -. Return of suits for the quarter ending 189-. Number of case. Date of first pro¬ ceedings. Name and nation¬ ality of plaintiff. Name and nation¬ ality of defend ant. Nature of suit. Judgment. Amount of fines imposed. Amount of fees charged and re¬ ceived. Disposition of fines and fees. Appeal. Marshal of the U. S. Consular Court, Form No. 138. Declaration to he indorsed on the invoice and signed by the purchaser or the seller, or by the didy authorized agent of such p)urchaser 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 true, 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 j^erson from whom the same 1 Purchaser or seller, as the case may be. 2 Name the place from which the merchandise is to be exported to the fJnited States. 17824 C R 50 786 APPENDIX NO. VI. was purchased, and the actual cost thereof, price actually paid or to be jmid 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. Form 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 purchase. (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. / * Manufacturer or owner. 2 Name the place from which the merchandise is to be exported to the United States. ® Name the country from whence exported. APPENDIX NO. VI. 787 Form No. 140. Certificate to he indorsed on each of the triplicate {or quadruplicate) invoices of merchandise. (Paragraph 688.) 5 C of th.G UnitGd. StatGS at-, d.o liGrGbv CGr- tify that at-on this-day of-, A. D. 189—, tho within mvoicG, No.-, in which aro montionod and dGscribod CGrtain [horo insGrt a gGnGral dGscription of tho morchandisG]-, amounting, with thG chargGs thGrGon, to tho gross sum of-, was producGd to mo by in pGrson, who thoroupon doclarod, in writing, that Gntry of said morchandisG was to bo mado at tho port of-, in thG UnitGd StatGs of Amorica. I do furthGi CGrtify that I am satisfiod that thG pGrson making tliG dGclaration hGrGto annGXGd is thG pGrson ho roprGSGnts himsGlf to bo, and that tho 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. Vi^itness 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 he delivered to the collector of customs at the port of entry. (Paragraphs 693, 694.) -, 189—. I acknowledge 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 69:3.) United States Consulate, -, 189—. To-, 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. U. S. Consul. Form No. 143. Descriptive list of triplicate or quadruplicate invoices. (Paragraph 694. i No. of in¬ voice. Name of the shippers. Consignee. Amount of invoices. 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 amoun t of the currency actually paid for the merchandise is-. U. S. Consul. Form No. 145. (Omitted.) Form No. 146. Inward foreigji manifest. (Paragraph 700.) -Railroad. Report and manifest of merchandise laden on board car No. —— C'f 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. Remarks. 790 APPENDIX NO. VI. [Indorsements. ] (1) United States Consulate at-. Quintuplicate consular mani¬ fest No.-. Car No.-. I,-, the undersigned owner (agent or consignee) of the merchandise laden on board, or conductor of car 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 ({uantities 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-, 1S9—. And I hereby certify that this car was sealed and the manifest verified under my i^ersonal supervision. U. S. Consul. APPENDIX NO. VI 791 Form No. 147. Ordinary sample card. (Paragraph 685.) Consulate of the United States at -, -, 189—. Consular N o. of the invoice. Marks and No. of the packages. Name of the ship¬ per. Name of the con signee. - Commercial desig¬ nation of mer¬ chandise. 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 bottom is to be signed by the shipper or his agent. 792 APPENDIX NO. VL Form 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 trne sample of piece No.-contained in package No.-above mentioned, and that the foregoing statement is in all respects true. -of firm of-. Table for reducing United States gold coin to English and French currency. (Paragraph 538.) APPENDIX NO. VI >- u « & U X o S'. a X S5 M oo a a << M a O' a a o S B 02 M a o s; a S'. M 02 a a *i-HkO05C0G0 0! ^ —H rH kO 4} 1 1 1 I • 1 1 1 O^ 1 1 1 1 till ■ III kC GO 'd OiCO^COt-GOOi—iOl-H ^ 1-H GO ^ 30 01 X) O GO 0^ t- 1-H ^ rH r-H IT till ‘ ' » * 1—H t-H 1-H t-H 01 1 1 I < I'll O^'MCO’^iOGOt^GOOiO Q Ifl a 0) O oc CJ P! frt .X CH cS . aa> A o ® .a rS ^ X 4J OJ «-g o ^ G' 0 ). a c» a 0) t> o as o3 O aa-^ 4^ o CD ^ Sm aa ® •a ^ ^ a ® 02 CS cl f-< , s X s-43 O B s '^,5 rn OOi 'S ^§■1 .Haa ® s ^ -d " o «M #* O'Cts fa 02=0 Cco '. 0) . S H o.d w 'd X pa o* c3 ® 794 APPENDIX NO. VI. Form No. 150. Certificate of consignee of landing of merchandise at foreign port. (Para^’aph 724:.) I,-, 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 j^ort 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. Considar verification of consignee's certificate. (Paragraph 724.) I,-, Consiil [or agent] of the United States of America, at 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 whereof lhave hereunto subscribed my name and affixed the seal of my office, at-, this-day of-, 189—. [seal.] -, Consul. APPENDIX NO. VI. 795 Form No. 152. Verification of the delivery of merchandise to he executed by American or foreign merchants, as the case may require. (Paragraph 734.) 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 our 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. ] Form No. 153. Oath of master and mate of exportmg vessel. (Paragraphs 724 and 725.) Port of -,-, 189—. We,-, master, and-, mate, of the-, lately arrived from the port of-, in the United States of America, do sol¬ emnly swear [or affirm] 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. _ 1 _ 9 • Sworn [or affirmed] 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 of-,-, 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 I have hereunto set my hand and seal of office this — day of-, 189—. [SEAL.] Collector or Chief Revenue Officer. 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 l)e that of the goods in the foreign countrj’ to which they were exported. Such value need not he 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 affirmed] 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 7iatural 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 [L. s.] day of-, 189—. U. S. Consid. Form No. 157. Manifest of cargo of fishing vessel. (Paragraph 717.) Manifest of fish [or oil or other product of the fishery] 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 708 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—. Marks. Packages. Port of entry 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 landed 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. Master. Sworn [or affirmed] before me this-day of-, 189—. U. S. Consul. Form No. 158. Certificate of United States Consul to manifest of fishing vessel. (Paragraph 717.) Consulate of the United States, -, -, 1S9—. I,-, United States Consul [or commercial agent] for the port of-, 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], numl)ered-, issued at the port of-, 189—. U. S. Consul. [seal.] APPENDIX NO. VI. 799 Form No. 159. Quarterly 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 of 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. U. S. Consul. Subscribed and sworn to before me this-day of-, 189—. Form No. 160. Form of average bond. (Paragraph 188.) Average bond of steamer {or schooner or ship, as the case may he.) 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 with a disaster, by which means certain losses and 800 APPENDIX NO. VI. expenses have been incurred, and other 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 i^aid 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.' Number of articles.' Invoice value.^ r • - By whom the average bond is signed. > Clerk of the boat or vessel will fill this out before leaving. 2 To be filled out by signer of the bond. Table for the reduction of sterling nioueij of Great Britain, to United States gold coin, under act approved March 3, 1873, fixing the value of the pound sterling at $4.8605. (Paragraphs 528, 585.) APPENDIX NO. VI 801 1 s oc CC ja cc iS X 1 c; 00 X t- 1 ^ CO rH ! w* cc rH cc X 1- Cl i-. Cl i-. Cl t- 01 !>. 1 c:> C’ cC Cl X iC 1 o 01 C5 xC 01 Cl iC Cl Cl X “C'- o> Cl X* -c> X X X 1- Cl i-- o![ OJ ‘ iC iC xC IC xc xC ^c ».c XC 4-C xc o C' ^T^. *c Cl xc Cl X iC 1 cc o CO w 1-. o Cl o x* *c ot 1 X cc X Cl i-. Cl C! 1-^ Cl 01 cc 'C’ 'C c: Cl 1 01 iC ot X xC X 1 X o T-^ X xC X I.C rH • A o xC Cl .-s* 00 !>• Cl i- cl Cl o 1-H Ol ot cc 'C' 1 xc xC iC iC xc IC iC o Cl 1-* Cl 1- Cl Cl i-. cr» Cl o Cl X o cc Cl o CO ;5 cc o cc z£ cc oi Cl i-* *c 1 Cl 01 CO 'C J rH .-K lO CO :T- Cl C- xc 01 X iC 1-^ 1- X cc IC oi 00 *i0 X ic 1—( 1-^ Cl ot cc cc '•+1 xc xC xC xC xc xC I-C o iC c; Cl C- o Cl C5 iC Cl X xc 1-^ X W 01 xC Cl o 01 Cl iC zx Cl »■*> xC ci 1 o IC ,r-.. IC ■C' iC Cl 01 cc 'C’ X CO X X CO X X o Cl Cl tc Cl X i-C cc o CO o t- cc t'- X »c cc Cl o xC o iC iC c» •—1 1-H Cl Cl cc cc xC iC iC xC ic xC IC i-c iC o *c *r^ 01 xC 01 X ic X IC X o X « ci Cl 00 :c IC oi C' c c^- 1-^ 1-^ 01 01 cc iC xc xc »c o o CS IC ot Cl uC ot X o c5 I X iiC rH o Cl f- 1 A . . , . , . Ci' Cl X 01 ?1 ’C’ • • •i? • A X 4A V* 17824 C R- 51 One shilling equals cents. One penny equals cents. VI 802 APPENDIX NO. c. O 3 3 $ 70 Cl i- Ir X Ih 0 X Cl X 4< X ■4I •4^ ^43 '4<* '4^ •4^ 4^ 4^ 4^ X O -M •H* to ^4* X 'H* g Cl A.C 4^ A.C .g g s '4' -41 '4^ '4' ’4" H* 4^ 4^ 4^ 4* l o pH cn :: © ^ (h bD 5 ^ Ei: o ^ •4-» Ct rP © ?o r^ P P =e •H P tx P d 3 P^ ^ dS c 3 • P © p g tc P 3 /H H 33 Cw r—^ s H c P H H H ft H tn ft rH c c AC H 2t fct'K 'o +3 ce - s fl c; •PH CC cc s U ^ CC ia cc c s o « .ti .. tc o c p^ pH P P. sx c « tc 2 -S S c o .P 'C -p 5 O 4^ 2li U 0-( HK, O '2 -5 « c3 cS C O 5 ^ 5 cc Cw c O o V a ^ '2 '= 2 J3 •■' a; >1 pH 2 -4J P3 ic o V © P., —I +3 M ce o ^ *1-1 2 I & o P3 © o o a r;3 PH l-H ^ 2 8 PK C HH 2; S 4^ C* O p: p o © P ® HH ^ CC .PH p '—' P cS P ^ C P. ^ .—I C S © 'p p s 73 p r- ... ” 05 >> .■p © 05 O P - o •p ® cc ® P !? © +3 "2 ® O p t-l n © p 05 fct P p: X Cm C P C c pf M .2 ^ p 2 g ;2 27 P U c 2 r ^ ■p o >> p; fco '7. © c ® « c a2 .2 p "p ^ p .2 rH ‘fH I-* g 8^^ §'2- P< s cp S'?® © ? .; o p ii © M JP P +3 P P X 2 p P 43 e3 Cm C o S p © "3 ^ > 5 O ^ ^ C? 4-* ^ rM _2 M «: p .-' H 2 I - p h © ^ p. tC 4-' «P P ^ JSC p p ■*' c >» P3 .P X cp ® © X ^ * P3 ® > P. © s = g ^ p: 0 rH > 0 H C 5 Cm H C 4-3 0 Cr^ r , S W 0 > h 3 0 4^ rH H & X c X 0 'h p © © © p •3 ® p ^ ^ r~r m X to p P3 X X 'z: X ? ?> © ^ L: ip p' "p 5 5 2 ® P PC a - "s ^ s: o P o P > .« X o o . p: o p .«' rt © h ® — *p .2 H ^ p CM X P ■p Pi d ■= ©.s §53 * te 2 2 P p »-H ^ !-7 o c ^ ^ 4h CS Table for the reduction of Unit e of the pound sterling at $4,8666. €. <1. 0 1 1 1 5 •51 3 - - _ , 1 10 10.1 3 - _ - « 11 1 3 i 31 4 2 1 8 1 81 5 __ 21 2 1 2 11 6 - - - - 3 2 6 2 61 7 31 9 iW 11 2 111 H 4 3 4 3 41 9 41 3 9 3 91 um Q in unt -ind 'HE ere 1 or of ind IVo. 4. $ £ s. d. 0 1 4 2 2 1 11 21 3 . . - • 8 2^ 4 2 21 il 3 .... 12 4 6 3 31 6i 4 16 51 8 4 4f 8t 5 1 0 6f 10 5 5f 10) 6 1 4 8 12 6 7 i2r r 1 8 91 14 7 8 141 1 12 101 16 8 91 16J 9 1 17 0 18 9 101 181 100 300 300 400 500 600 roo NOO 900 10,000 30,000 35,000 30,000 40,000 50,000 60,000 ro,ooo 75,000 100,000 20 41 G1 82 102 123 143 164 184 2,0.>4 4,109 5,137 6,164 8,219 10,274 12,329 14,384 15,411 20,548 H. 10 1 12 3 14 5 16 18 17 14 3 11 9 6 3 1 9 13 to sterliog money of Great Britain, under act approiml March S, 1S73, fixing the. value of the p)onnd sterling at S4.86f;,5. (Paragraphs 538, .585.) No. 1. C’. ». d. O 1 ‘i .4 4 H 7 JS 9 1 .... 1 1 T) 5^ (5 61 i 71 8 81 9 91 • > ♦ i - . . , 10 101 11 111 1 0 1 01 1 1 1 11 1 2 i 31 .J .... u 1 3 1 31 1 4 i 1 5 1 51 1 (5 1 61 1 7 1 71 4 .. o 1 8 1 81 1 9 1 91 1 10 1 101 1 11 1 111 1 0 2 01 21 O 1 *> li (51 »> 2 *> 2i 2 3 *> 31 *> fW 4 2 41 •> 5 2 51 101 Hi... 3' 2 6 2 •> 7 2 71 *> 8 2 81 2 9 2 91 O 10 2 7 ... 31 »> 11 •> 111 3 0 3 01 3 1 3 3 u 3 »> 31 3 3 8 3 31 4 3 4 3 ll 3 5 3 51 3 (5 (S.‘ 3 7 3 ^ 1 3 3 81 9 41 3 9 3 91 3 10 3 101 3 11 3 Hi 4 0 4 01 4 1 4 11 Note.— The sterling value of the sum named in the left-hand margin is shown in Uie adjoining column. When the amount is greater than the marginal figures, find the remaining figure or figures AT The TOP, and the value will be shown where the lines intersect. No. 1 gives values less than SI- No. 2, values from $1 to §99. No. 3, values from §1,(IU0 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. $ £ fl. O 1 2 3 4 5 6 7 8 9 1 .. 4 2 2 1 11 o 5 2 _2 9 31 2 13 51 •> 17 61 3 1 8 3 5 01 3 9 104 3 13 11.1 3 18 11 •4 ! ... 8 31 4 2 21 4 6 31 4 10 41 4 14 61 4 18 74 5 2 9 5 6 101 5 10 114 5 15 Of 5 19 31 3 .... 12 4 6 3 34 6 7 41 6 11 6 6 15 71 6 19 81 7 3 101 7 V 111 7 12 04 7 16 2 8 0 31 4 16 51 8 4 4f 8 8 6 8 12 71 8 16 81 9 0 10 9 4 HI 9 9 04 !» 13 U 9 17 31 10 1 4f 5 ' 1 0 6} 10 5 51 10 9 7 10 13 81 10 17 91 11 1 11 11 (5 04 11 10 11 11 14 3 11 18 41 12 2 5} 6 1 4 8^ 12 6 7 12 10 81 12 14 91 12 18 11 13 3 01 13 7 li 13 11 3 13 15 41 13 19 14 3 T 7 1 8 91 14 7 8 14 11 91* 14 15 101 15 0 0 15 4 11 15 8 31 15 12 4 15 16 51 16 0 64 16 4 8 1 12 101 16 8 91 16 12 104 16 1(5 111 17 1 11 17 0 31 17 •9 4 17 13 51 17 17 64 18 1 7f 18 5 91 9 1 1 1 17 0 18 9 lOl 18 13 111 18 18 1 19 2 31 19 6 31 l!t 10 51 19 14 (51 19 18 7f 20 9 20 (5 li)^ No. 4. 8 £ <1. lOO 20 10 115 1 200 41 1 lU 300 61 12 11 400 82 3 i()| ! .)00 102 14 10) 600 123 5 loj 700 143 16 10 800 164 7 9) 900 184 18 9 10,000 2,054 17 34 20,000 4,109 14 7 2.'1,000 5,137 3 2f 30,000 6,164 11 104 40,000 8,219 9 2 ; .50,000 10,274 (5 6 60,000 12,329 3 94 70,000 14,384 1 1 75,000 15,411 9 85 100,000 20,548 13 0 No. 3. $ £ s. <1. 8100. 8200. 8300. 8400. 8500. 8600. 8700. 8SOO. 8900. 1,000 2.000 3,000 4.000 5.000 6.000 7,000 8,000 9,000 205 410 616 821 1,027 1,232 1,438 l,64;i 1,849 9 10 9 18 8 18 8 7 t 85 54 25 11 75 44 15 10 6| 226 4:11 637 842 1,047 1,253 1,458 1, (564 1,869 0 10 0 9 19 9 19 3 18 84 55 2 105 74 45 1 95 64 246 452 (557 863 1,068 1,274 1,479 1,684 1,890 11 1 11 0 10 0 10 19 9 85 5 15 104 75 4 05 94 6 267 472 678 883 1,089 1,294 1,500 1,7(J5 1,911 12 2 11 1 11 1 10 0 75 44 15 10 65 34 05 9 55 287 493 698 904 1,109 1,315 1,520 1,726 1.931 13 3 13 2 12 2 12 1 11 74 45 04 95 64 35 0 85 54 308 513 719 924 1,130 1,335 1,.541 1,746 1,952 4 14 4 13 3 13 2 12 0 75 4 0| 94 61 3 115 84 55 328 534 739 945 1,150 1,356 1,561 1,767 1,972 15 5 15 4 14 4 13 3 13 3| 04 95 6 2} 114 85 5 349 554 760 965 1,170 1,376 1,582 1,787 1,993 6 16 6 15 5 15 4 14 4 65 34 05 9 55 24 115 8 45 369 575 780 986 1,191 1,397 1,602 1,808 2,013 17 7 16 6 16 6 15 5 15 65 3 115 84 55 2 lOf 74 45 390 595 801 1,(K16 1,212 1,417 1,623 1,828 2,034 8 18 7 17 7 17 6 16 6 • 55 24 Hi 8 45 14 105 4 . The combinations in the above table show the sterling value of any amount in United States gold coin from 1 cent note=:i'12 18.S. lid . and 08 cents m No. 1 = ‘is. lOd.; total, £13 Is. lOd. To find the value of §4,725: No. 3 shows §4,700 = £9(55 15s upward. To find the value of §(3.68 find §(i;3 in No. 2, as directed in the . 9((., and No. 2 shows §25 = £5 2s. 9d.; total, £970 18s. 6d. Face page 802, Consular Regulations. APPENDIX NO. VI. 803 Form No. 163. Certificate given to the master of a vessel ivhen transporting destitute seamen to an intermediate jjort. (Paragraph 285.) Consulate of the United States of America-, -, 189—. To-, Esq., United States Consid 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 yon of their arrival at your 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 ivages. (Paragraph 224.) 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. Form No. 165. Account for clerk hire. (Paragraphs 538,539,5.54,5.55,577, and .587.) United States Consulate, -, 189—. The Government of the United States in account with -, U. S. Consul. 189—. Dk. Quarter ending 189—. For clerk Lire from-to-at the rate of $- per annum, as per voucher herewith.. Cr. By my draft on the Secretary of State dated-, 189—. By fees applied. S s $ I U. S. Consul. Note.— This account is to he 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. Form No. IGG. Voucher for clerk hire. (Paragraph .554.) United States Consulate, -, 189—. Received from-, Consul of the United States at-, the sum of $-in full payment for services actually rendered as clerk from- to-, at the rate of .$-per annum. APPENDIX NO. TI 805 The services having been devoted exclusively to the business of the Consulate. Cleric. I certify that the statements in the above voucher are true. U. S. Consul. Form No. 167. (Paragraphs 183,539,574,575, and 587.) United States Consulate, -, 189—. Statement of official services necessarily rendered, in accordance with the jwovisions of section 12 of the act of Congress approved June 26, 1884, for the vessel -,-, master, belonging to the port of -. No. of fee. Nature of service. Amount of fee as pre¬ scribed by the tariff. U. S. Consid. 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. 80G 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 iritli the provisions of section 12 of the act of Congress apx>roved June 20, 1884-, by -, United States - at -, for the (piarter ended -, 180 —. Date. Name of vessel. 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. Remarks. 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 official services to American vessels and seamen is a true and coiTect 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 were 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 12 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-tlie 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 Ijetween text of oath and the signature thereto. APPENDIX NO. VI 807 Form No. 169. (Paragraph 574,575,and 587.) The United States Government, in account ivith - States - at -, from -, 188—, to Dr. -, United 188—. Cr. 189-. To balance from previous account. To amount of my compen¬ sation for the above- named period, received from official 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 25, 1884... To balance due the United States. 189-. 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. Form No. 170, Account of payments to masters and seamen of foreign vessels for rescu¬ ing American citizens, crews, etc. (Paragraph 328.) The Government of the United States in account with -, consul of the United States at -. Dr. Cr. To amountiDaid seamen for their services in rescuing the crew of the American -, as per vouchers berewi th s By my draft on the Secre¬ tary of State, dated , 189 $ 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 he annexed to invoice or to statement in the form of invoice of merchandise consigned for sale by him or on his account to a jperson 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. 172. Statement of consignor, other than the manufacturer, to he 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.) -5 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. Ij 5 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 office at-, this_dav 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 cf the Treasury (see Paragraphs 381-384), and as they are subject to alteration by him from time to time, they are not included herein.] ^ Certified invoice (or statement in the form of invoice), No.-, dated_. 2 By me or on my account. 810 APPENDIX NO. TI. Form No. 176. Application for passport. (Paragraph 151.) NATIVE. Fee for passport.SI. 00 Fee for filling out application in duplicate.50 Fee for administering oath in duplicate.50 Xo.-.] 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 x)erforming the duties of citizen¬ ship therein; and that I desire the jiassport for the purpose of-. Oath of allegiance. Further, I do solemnly swear that I will support and defend the Con¬ stitution of the United States against all enemies, foreign and domestic; that I vdll bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or jiurpose 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. Mouth: -. Stature: -feet,-inches, Eng. Chin:-. Forehead:-. Hair: -. Eyes*-. Conii)lexion:-. Nose:-. Face:-. APPENDIX NO. yi. 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— affidavit are true to the best of my knowl¬ edge and belief. [Address of witness ] 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 Fee 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 iiassport; 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 will 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—. Age:-years. Stature:-feet Forehead:-. Eyes:-. Nose:-. Description of applicant. Mouth:- inches, Eng. Chin:-, Hair:-. Complexion: Face:-. Identification. -, IS—. I hereby certify that I know the above-named-person¬ ally, and know h— to be the identical person referred to in the ^vithin- 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 ] Note.— This form is to I)e filled 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 f or passport. (Paragraph 151.) FORM FOR PERSON CLAIMING CITIZENSHIP THROUGH NATURALIZATION OF HUSBAND OR 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. Age:-years. Stature: -feet Forehead:-. Eyes: -. Nose:-. Description of applicant. inches, Eng. Mouth:- Chin:- Hair:-. Complexion: Face:-, 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 vuthin- 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: 9 9 Form No. 179. Certificate of deposit of passport and registry of a citizen of the United States. (Paragraph 165.) Consulate of the United States of America, at 9 , 189—. Age- 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 l>earer.] APPENDIX NO. VI. 815 Form No. 180. (Paragraph 166.) Certificate to he attached to a passj)ort 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 affirm 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 an 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, 81G APPENDIX NO. VI. Form No. 182. (Paragraph 167.) Travel certificate to he issued to an applicant for a passport in China. No.-.] I,-, Consul of the United States of America at-, having received an application from-, a citizen of the United States, for a passport to travel from-, 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 7;i4.) Port of -, -, 188 —. I,-, 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. Rate 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. Consignee of Goods. Sworn and subscribed at the port of-, 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 city 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-. 52 Consignee. 17824 C R 818 APPENDIX NO. VI. Form No. 185. Consular verification of consignee'^s certificate. (Paragraph 728.) I,-, Consul (or agent) of the United. States of America at the city of-, do declare that the facts set forth in the preceding certificate, subscribed by-, of the said city, merchant, and dated the-day of-, are, to my knowledge, just and true (or are, in my opinion, just and true, and deserve full faith and credit). In testimony whereof I have hereunto subscribed my name and affixed the seal of my office, at-, this-day of-, 18—. [seal.] -, U, S. Consul. Form No. 186. Certificate of record and pedigree to be used for imported animals. (Paragraph 705.) fin filling up this blank give registry number of each recorded animal, or, in case there is no number, the volume and page of register where the animal is recorded. All blanks must be filled, except in the case of sheep, which animals will be admitted on the certificate of registry, as provided in the regulations.] f Sire, - I No.- Dam,- ^No.- Sire, - No.- I Dam,- [No. - I hereby certify that the above is a correct pedigree of-No. -, and that this animal is pure bred and has been duly registered in the book of record established by this association for the-breed of-. Pedigree of -. No. Sire, No. Dam, No. Dated at , 189—. Secretary of the APPENDIX NO. VI. 819 Form of Coyisidar authentication of the certificate of record and pedigree. Consulate of the United States, -, -, 189—. I certify that the foregoing is the signature of-, and that he is the --of the-, and as such is the custodian of the hook of record and pedigree established by that association for the- breed of-. [L.S.] U. S. Consul. Form No. 187. Affidavit by the owner, agent, or importer. (Paragraph 705.) -, being duly sworn, says, that he is the (owner, agent, or importer, as the fact may be) of the -, described as follows in invoice No.-, certified by the Consul of the United States at- on the-day of- , 189 —: [Insert description precisely as given in the invoice]; that the said-- is the animal referred to in the accompanying certificate of record and pedigree, and is about to be imported to the United States specially for breeding purposes in accordance with the terms of the said invoice. -, 189—. U. S. Consul. Subscribed and sworn to before me this-day of [L. s.j — •__X .f-- ' ':'Vf-••'i£jll^v'’' .^^;'.v.-PS! ■''7-.. .S-W' ■' *!?*■ ' ■■■-^ ' rf.' ■ -... '‘•.:-.r,.:';:.?‘^slMaT' ; •>. •■ 1, f', l‘ f m ii ’ ''*■» ' A, • yf, ^ A* i ^- ..'A *• T • 'I ' *■ '*■ < fi l» . '-Jvj^ • ’ i''-l '£ J* J? Ml ^ '\-- 7.*^... -^.';'^--,f« .,;4; ■ " ' v-^ "'■' •n" . >.J* ■ji' X' ■ ■;• > ../•'*’V ,• > • Vj * * . r . ! •^ » • 1 ^*^, . 1 .^.f A-A t. • - ^v* - 3 ^“ 4’^. ^Vn“‘al?j’y . •■ r, I V « ‘ * A i ■, V ■' ' a ■• * \ • i •“‘i • . ' ♦ . rtjm > & IISTIDEX. 5 %; \ ■ ■^s>.'.^-;i=:-''' ."v' ".:>•'::???*■(■'-v'- .•""i A:. ; .v' >^''*-; T*»..-j *20 ’ *•( ^iSr’'- * . ' ^ W'”'' ■ - W;vi5;^,&^X'., ■',■■';•'•'fiS- ■ ■y&m m ^ m k: ;g;#lrs N. ■v J'-O.i .J- k * l>:L-J. > 'i. 'JO V', ' "“ Jic** ' ' ' '■>■". f ■ • ■ <^k ' * '**'’ k ’‘ '> ki. ‘ ' * •- ^ 1 •! ■ '., A.J. • k • ■■,.••>V ' ■•■ •^:'-';vx*’V**»JP! ...'-Aj -.'. ‘-w .'*>;• V'-• ,'‘•"'If/'.^/v-t' -;,- /•’.v^MbHIL • - > ' '^rZ .> S',.*' ■.■••;' ■-, ' ■ J i •■■ 'k*- ' '.• ■ - .V . . ' '■ ’>;??■ • . ’‘-^ INDE^X A. Paragraph. Abandonment of Seamen, punishment for, by master. 217 Absence (see also Leaves of Absence), salary deducted if absent ten days without leave. 503 Absence from Post, certificate of, to accompany sal¬ ary account. 565 law relating to. 858 Accounts, aggregate yearly returns. 570 arrest, etc., of accused persons, statement of expenses. 359 clerks at consulates. 554 consular agents’, to be sent to principal. 576 consular clerks. 577 consular courts. 555 contingent expenses; items; drafts. 543 rent, salaried ofiicers; vouch¬ ers . 544 feed consuls. 545 postage; vouchers. 546 avoidance of unnecessary ex¬ pense. 547 stationery .. 548 freight, etc. 549 flagstaff, flags, seal, books, and forms. 550 furniture allowance. 551 charges not allowed; repairs... 553 binding correspondence. 552 feed consuls; adjustment. 572 in absence of. 573 fees received; quarterly sworn re¬ port . 530 to be sent Auditor. 568 Paragraph. AccottJifs—Continued, final, to be closed before paying draft. 564 forwarding of, by consuls.. 95 to Auditor for State, etc.. De¬ partments . 539,587 to Department of State. 538,586 general. 534 general quarterly. 567 indorsement and folding of. 588 loss or gain by exchange, to be made quarterly. 584 mode of sending, etc. 540 original vouchers to accompany. 542 prison expenses... 556 quarterly rendition of, required; exceptions. 536 relief and protection of seamen. 557-560 required before drafts will be paid 581 salary, receiving instructions_ 561 instruction period; making drafts, etc. 562 transit and awaiting exequatur; certificates. 563 current; statement. 565 draft for balance if fees in- suflicient. .566 separation of, by fi.scal years. 537 services to American vessels, etc., by feed officers; adj ustment. 574 services to American vessels and seamen; sworn report. 575 special. 535 transporting, etc., destitute sea¬ men, to be by principal con¬ sular officer. 293 United States currency to be used in; reduction of foreign money. 541 823 824 INDEX. Paragraph. Accounts —Continued. vice-consular officers; drafts. 571 willful neglect to render, etc., deemed embezzlement; pen¬ alty.. 569 Ad Valorem Duties^ .shipper’s declaration, with in¬ voice of goods paying. 669 A Iditional Charges, forbidden if fee fixed in tariff of fees.-. 522 Advance Wages, not to be paid seamen; consul to disregard claims for. 236 permitted in foreign ports. 237 Affidavits, by master and mate of landing ex¬ ported merchandise. 724 Agents, authorized to sign invoices and declarations. 672 Agents, Commercial (see Commercial Agents). Agents, Consular (see Consxdar Agents). Agricultural Department (see De¬ partment of Agriculture). Agricultural Implements, character of, in use in consular district to be reported. 603 law relating to free entry of. 1045 Agricultural Industries, consuls to make monthly reports on . .. 602 Aliens, classes of, excluded from admis¬ sion into United States. 361 good offices for protection of, al¬ lowed in certain cases. 174 law prohibiting immigration un¬ der labor contracts.5)07-912 amended.913-918 providing for return of con¬ tract labor. 919 protection of, employed at con¬ sulates in eastern countries. 173 sections of Revised Statutes relat¬ ing to naturalization of ... 874-883 Paragraph. Allotment of Wages, extent of, permitted by seamen .. 235 American Artists, admission of works of art by, free of duty. 711 American Seamen, meaning of term. 200 when foreigners acquire rights of. 249 American Vessels (see also Ship¬ ping), discharge of crew on sale of, abroad. 207 law abolishing consular charges for services to. 1250 meaning of term... 2(X) official fees not collectible from.. 520 Animals, books of registered pure-bred, American . 1742 foreign. 1743 free entry of, imported for breed¬ ing .. 704 certificate of breed, etc., re¬ quired . 705 law as to quarantine stations for . 1308-1311 relating to importation of, free of duty. 10 : 39,1040 teams of immigrants admitted free of duty. 706 declaration before consul re¬ quired . 707 Annual Returns, to bo promptly forwarded. 593 Appeals, Consular Courts, to ministers. 643 allowance of, in civil cases. 614 criminal cases. 644 to circuit court, California. 645 from minister in China and Japan 647 record on appeals from consular court. 648 Appendixes, No. I. Constitution. 7:32-777 No. II. Extract from Revised Statutes and Statutes a t Large. 778-1317 INDEX. 825 Paragraph. Appendixes —Continued. No. III. Treaty provisions as to consular officers..1318-1669 No. IV. Conventions as to natu¬ ralization _.-.1670-1734 No. V. Letters rogatory and regis¬ try of pure-bred animals. 1735-1743 No. VI. Forms.pages 703-819 Appraisement. of effects of deceased citizens. 394 sections of Revised Statutes relat¬ ing to, of imports. 1005-1007 Archives, care and preservation of, en- joined. 610 countries granting inviolability of 79 delivery to new officer.. 57 official documents described; transfer.. 611 Argentine Republic, powers of consuls over effects of deceased citizens in. 411 treaty provisions as to consuls, etc_ 1318,1319 Arms of the United States, countries by treaties permitting display of .. 86 to be placed over entrance of of¬ fice... 70 Army, rank of consular officers with offi¬ cers of.. 441 Arrests, consuls to issue warrants of, in non-Christian countries. 628 duty of consuls as to, of deserting seamen. 299 Arrival at Post, notice to be given. 56 Arrival of Vessels, what constitutes. 177 Art, Works of, by Americans, entitled to free en¬ try . 711 Articles Returned, free entry of American. 712 declaration to be made. 713 law relating to free entry of. 1041 Paragraph. Articles, Shipping (see Shipping Ar- ' tides). Assistant Secretary of State, dispatches to be addressed to. 129 requests for leaves of absence to be addressed to.... 99 Assisted Immigrants, excluded from admission into United States. 361 Associates, consuls may summon, in grave criminal trials; judgments.. 633 concurrence of all, necessary for convicting in capital cases... 634 consuls may summon, in difficult civil cases; judgments_ 635 selection of citizens as, in consular courts. 6.39 Auckland, consul at, permitted to trade. 357 law permitting trade by consul at. 8.59 Auditor for State, etc.. Departments, accounts to be sent to. 539,587 certificate of date of entry on duty to be sent. 58 Australasian Colonies, correspondence of consuls to be sent direct to Department.. 96 Austria-Hungary, text of consular treaty with.. 1320-1335 treaty with, as to naturaliza¬ tion . 1670-1674 treaty provisions as to citizens dying in.. 410 B. Baden, text of treaty with, as to naturali¬ zation... 1675-1679 Badges, Army Corps, consuls permitted to wear. 4.52 Barbary States (see Morocco, Tripoli, and Tunis). Bavaria, text of treaty with, as to naturali¬ zation ... 1680-1688 Belgium, text of consular treaty with... 1.3.36-1350 treaty with, as to naturaliza¬ tion . 1689-1693 826 INDEX ParagT’aph. Peigrittm—Continned. treaty provisions as to citizens^ dying in. 410 Berlin^ supervisory jurisdiction of consul- general... 10 Bills of Exchange (see Drafts). Bills of Health, law requiring vessels clearing for United States to have con¬ sular . 13(X) to be obtained from consul be¬ fore clearing for United States. 375 Binding, of correspondence, authorized ... 552 Bolivia, treaty provisions as to consuls, etc . 1351-1354 Bonds, law relating to consular. 853 married women not permitted as sureties. 36 not required of interpreters. 45 required of all principal officers. 35 of substitute and sulx)rdinate officers.. 43 consular agents excepted. 43 of vice-consular officers, before drafts will he honored. 507 sureties to be approved by Secre¬ tary of State. 36 > to be deposited with Secretary of the Treasury. 38 Bonds, Crew, required of masters for return of seamen. 205 j certificate for canceling. 197 ! Bonds, Exportation, , provisions for verifying landing certificates to cancel. 723-727 Bonds, United States, consul to witness transfer, etc .. 446 no fee for verifying transfer, etc. 447 Books (see Record books). Borneo, treaty provisions as to consuls . 1355 Paragraph. Bottomry Bonds, consul to acknowledge. 333 Branch Houses, invoices to be in name of, when goods so shipped. 664 Brazil, transmittal of consuls’ corre¬ spondence. 96 Bremen (see Hanseatic Republics). British Columbia, consulates in, not subj ect to j uris- diction of consul-general... 11 law providing for inspection of immigration from. 927 British North America, fee for certifying invoices in .... 695 Bullion, Gold and Silver, regulations for importing. 660 vessels must convey, offered by consul. 184 Buoys and Beacons, notices about, to be sent by con¬ suls. 444 Business, consuls prohibited from transact¬ ing; exceptions. 37 '‘'‘By the Lay," extra wages to discharged sea¬ men shipping. 244 orders for wages due, not to be taken for paying relief ex¬ penses. 268 C. Cable, restriction on use of. 461 Calcutta, consulate-general at, not vested with supervisory jurisdic¬ tion. 8 Canada, charges allowed for American vessels touching at ports in.. 525 collection of tonnage fees on American ships touching ports in, forbidden. 525 fee for certifying invoices in. 695 landing certificates of goods in transit to, require no consu¬ lar verification. 728 INDEX 827 Paragraph. Canada—Continued, law excepting, from provisions of immigration act, 1882-.-. 906,1259 providing for inspection of im¬ migration from. 927 Capital Offenses, approval of minister requisite to conviction in, consular courts. 634 Cattle, Neat, provisions as to importation of. 381-384 Ceremonial, Foreign, no claim to, under international law. 76 Certificates, issuing, of marriages in consul’s presence.. 419 payment of, for transporting des¬ titute seamen... 282 Certification of Invoices (see also Invoices), method of, if there is no con¬ sul . 679 Charts' to be kept by consular officers- -. 187 Children, citizenship of, under 21, of natu¬ ralized persons. 142 China, judicial powers of ministers and consuls in .. 612 joint settlement of disputes be¬ tween subjects of, and citi¬ zens -. 622 allowance of appeals to minister in civil cases ..- 644 ! appeals from consular courts in, to circuit court, Califor¬ nia. 645 from decision of minister, to circuit court, California_ 647 ! regulations for issuing pass- j ports in. 166 { summary of all official corre¬ spondence to be sent to I minister.. 104 1 text of treaty with, as to com¬ merce, etc. 1356-1378 Paragraph. C/iiaa—Continued, text of treaty with, as to con¬ suls . 1379-1395 as to immigration. 1400-1407 as to opium trade, etc. 1396-1399 travel certificates permitted in.- 167 treaty powers of consuls over effects of deceased citizens in. 416 Chinese Laborers, absolute exclusion of. 368 exclusion applies to subjects of any power. 374 immigration of, prohibited .. 361 law of 1882 excluding immigra¬ tion of. 94.5-948 law amending exclusion act of 1882. 977-980 law of 1884 extending exclusion of immigration of. 949-961 law of 1888, excluding immigra¬ tion of.. 962-976 law of 1892, extending exclusion of, for ten years_ 981-989 law amending exclusion act of 1892---. 990-992 Chinese Persons, naturalization of, unauthorized and void. 140 Chinese Subjects, certificates required for admis¬ sion of, not laborers_ 369 consul to visa certificates_ 371 issue of certificates, by Chinese officers in other lands; visa 372 merchant defined. 370 Cholera, outbreak of, to be cabled. 378 Chosen (see Korea). Circ%dars, issued by consul require ap¬ proval of Department. 463 Citizens, duties of consular officers to¬ ward..-. 171 effect of declaration of intention to be naturalized. 143 828 INDEX. ' Paragraph. CiYizeas—Continued. expatriation recognized. 144 intervention to protect. 170 naturalization of Chinese, etc., prohibited. 140 passport.s issued only to. 149 protection of naturalized; treaty provisions. 168 register of, residing in district, to be kept. 172 remaining long abroad may for¬ feit intervention. 169 rights forfeited by certain de¬ serters . 145 status of children born abroad .. 138 children of naturalized per¬ sons . 142 women married to citizens .... 141 treatment of naturalized. 139 who are by birth. 137 Citizens, Effects of Deceased, duties of consuls respecting_ 385-416 Citizenship (see also Naturaliza¬ tion), constitutional provisions. 771 prima facie evidence of seaman shipped in American port... 201 sections of Revised Statutes re¬ lating to. 8»)4-873 statutes as to, of Indians. 884-887 Citizenship Certificates, unauthorized, not to be recog¬ nized or visaed. 162 Civil Cases, allowance of appeals to minister if associate differs. 644 in China and Japan. 644 to circuit court in California... 645 to circuit court, California, from judgment of min¬ ister . 647 consuls may summon associates to assist in trial of difficult; judgment. 635 to advise mutual settlement of; referees. 637 determination of, by consuls in uncivilized countries. 617 Paragraph. Civil Cases—Continued, judgment of consul final in, not exceeding $.5(X). 646 if associates concur; exception. 646 jurisdiction of consuls in non- Christian countries. 624 Clerk Hire, allowance for, at feed consulates. 497 Clerks, Consular (see Consular Clerks). Clerks at Consulates, account of allowance. 554 allowance for; employment.... 27,497 citizens to be preferred. 29 leaves of absence granted by con¬ sular officer. 473 re.striction as to relatives. 22 Clothing, disposal of proceeds of, of desert¬ ers . 298 forfeiture of seamen’s, for deser¬ tion . 296 i.ssue to destitute seamen sent home . z. 288 Coastwise Trade, law authorizing services of ship¬ ping commissioners to ves¬ sels in. 1268 extending shipping commis¬ sioners’duties to, etc. 1285 Coin, vessels must convey, offered by consul. 184 Coin, United States, fees payable in, or equivalent... .527 Coins, law relating to valuation of for¬ eign . 16.53 Collection of Duties, customs administration act of 1890. 1016-1633 sections of Revised Statutes re¬ lating to.(>93-1012 Collectors of Customs. copies of invoices, etc., to be sent. 697 Colombia, consuls in, to inform minister of proposed leave, etc. 106 f INDEX 829 Paragraph. Colombia —Continued, text of treaty with, as to consuls, etc -.1408-1414 treaty powers of consuls over ef¬ fects of deceased citizens in. 411 Colonies, recognition pending exequatur.. 53 Commerce and Navigation, law abolishing fees, etc. 1267-1282 amendments. 1283,1284 sections of Revised Statutes re¬ lating to. 1119-1127 text of Dingley shipping act. 1247-1266 Commercial Agencies, record books to be kept at. 604 at seaport. 605 Commercial Agents, appointment; oath; bond. 31 appointment of, receiving sala¬ ries from $1,000 to $2,500; transfer of, from Depart¬ ment of State. 32 previous service. 32 upon examination. 32 notices of entrance on duties to be given. 69 order of official precedence_ 440-442 status under United States laws; functions; appointment; ex¬ equaturs.. 15 under international law. 16 Commercial Paper, consuls not authorized to in¬ dorse, etc -. 457 Commercial Relations, annual reports for, to be submit¬ ted; character. 592 Commissions, bond required before delivery .. 35 forwarded to diplomatic officers to obtain exequatur. 48 transmitted with exequatur. 48 direct, when no diplomatic representative... 50 Compensation (see also Salary), consular officers. 491-517 for unofficial services of consul; schedule of fees. 485 personal fees of consul_ 485 Paragraph. Compewsafio/i—Continued, general rules for, respecting un¬ official services.-. 481 permitted for unofficial services. 480 Complaints, of crew to be investigated by con¬ suls.. 312 protection by courts, of seamen’s rights of. 313 Congo (see Kongo Free State). Consignee, certificate from, of landing of ar¬ ticles exported. 724 verification by consul; ships’ officers. 724 when port not a consulate... 724 consolidation of landing certifi¬ cates; exception... 726 deemed owner of im ported goods. 656 holder of bill of lading at foreign port considered.. 728 to enter, must be a citizen. 656 Consignments, certificate of actual cost to ac¬ company entries of, for sale. 674 Constitution, prohibition against accepting of presents, office, etc., from foreign states. 741 reference to Art. I, sec. 9, clause 8 . 451,453 to Art. II, sec. 2. 31 to XIVth amendment. 137 text of. 732-777 appointment of consuls. 744 citizenship provisions. 771 Constitutionality, of j udicial powers of consuls sus¬ tained. 618 Consular Agencies, receipts from, not counted part of allowance to feed consul. 497 record books to be kept at. 606 Consular Agents, accounts to be sent principal.... 576 allowance to principal officer_ 510 applications for leaves through principal; charge of office.. 474 830 INDEX. Paragraph. Consular Agents —Continued, assignment to consular districts. 30 bond to superior officer. 45 exception as to bonds. 4^3 correspondence of, through supe¬ rior officer. 119 fees received by, to be accounted for by principal. 508 general direction of; signature and seal. 23 order of official precedence_ 440-443 paid from fees, etc.; limit. 510 powers and functions of; restric¬ tions . 20 settlement of accounts, when principal a feed comsul. 573 United States citizens preferred for appointment; filling va¬ cancies . 21 Consular Clerks, appointment; tenure; duties..-- 23 examination for appointment.... 24 law increasing salary after five years. 856 order of official precedence- 440-443 quarterly accounts of; drafts.... 577 salary allowed for first five years. 511 after five years’ service; ex¬ penses. 511 comiien.sation as vice-consul-.. 512 to api)ly to Department for leaves; indorsement. 475 receive i)ay for iinofficial serv¬ ices... 487 Consular Courts, accounts for salaries of marshals, etc.; drafts. 555 countries by treaties authoriz¬ ing . 93 fees in, are official. 521 provision relating to.612-65^3 sections of Revised Statutes re¬ lating to . 1068-1115 Consiciar Officer's (see also Consular Service), appointment authorized by Con¬ stitution . 744 designations in Revised Statutes 783 Paragraph. Consular Officers —Continued, sections of Revised Statutes re¬ lating to . 783-834 and diplomatic officers. 835-847 Consular Reports, annual returns. 593 care and brevity to be observed in preparing. 597 care in obtaining official data; object of reports. 590 character of agricultural imple¬ ments, pursuits, etc.,of dis¬ trict. 603 classes of; monthly. 592 special. 592 commercial relations; annual.. 592 discriminations against United States products to be re¬ ported . 599 equivalents of foreign weights, measures, and moneys to accompany. 594 expenses for, must not be in¬ curred without Depart¬ ment’s approval. 595 for Department of Agi'iculture; character. 602 for Treasury Department; prices current of merchandi.se_ 600 monthly statement of rates of exchange. 601 general subjects; commerce, manufactures, agriculture, etc. 589 transportation. 589 trade development, etc. 589 labor, wage.s, etc. 589 tariff changes. 589 legislation, commercial deci- .sions, etc. 589 public undertakings, conces¬ sions, etc. 589 personal and political (piestions to be avoided. 598 prices current of all articles im¬ ported through consulate.. 603 procuring samples of .seeds, man¬ ufactures, etc. 596 INDEX 831 Paragraph. Consular Reports —Continued, to be sent only to Department; disclosure to private par¬ ties, etc., forbidden. 591 Consular Service, accounts and returns. 534-588 appointment, etc., of principal officers. 31 of substitute and subordinate officers -.-.39-47 bonds required of appointees.... 35 cattle and hides, provisions_ 381-384 classification. 1 clerk hire; allowance. 27 compensation of consular offi¬ cers . 491-517 consular agents, duties of; selec¬ tion . 20 consular clerks; appointment, etc. 23 consular fees .. 518-533 consular officers described.. 2 principal. 3 definition of.. 4 correspondence with the Depart¬ ment . 114-136 customs regulations; invoices. 654-699 sealing cars from Canada_ 700-702 free entry provisions. 703-718 description of citizens.137-145 districts; limits.. 39 drafts. 578-585 effects of deceased citizens; du¬ ties.. 385-416 entry upon discharge of duties.. 48-70 examinations for appointment to certain consulates and com¬ mercial agencies. 32 immigration duties. 361-374 industrial and commercial re¬ ports . 589-603 interpreters authorized, appoint¬ ment.-.- 25 judicial powers in non-Christian countries. 612-653 marshals of consular courts, ap¬ pointment . 26 merchant- marine duties; dis¬ charge of seamen. 199-225 Paragraph. Consular Service —Continued, merchant-marine, deserters ... 293-306 intervention in case of mutiny, etc., on ships. 350-360 merchant vessels..... 175-189 relief and tran.sportation of sea¬ men . 259-292 settling disputes between offi¬ cers and crews.. 307-320 shipment of .seamen.. 189-198 transfer abroad of vessels to citizens. 341-349 wages and effects of seamen. 218-258 wrecks, etc. 321-340 miscellaneous instructions_ 417-490 oath required of all citizen ap¬ pointees . 33 one office only to be held by prin¬ cipal officers.. 34 official precedence of. 440-442 passport provisions. 146-167 privileges and powei's under law of nations_ 71-76 under treaties and conventions 77-93 prohibition against private busi¬ ness ... 37 protection of citizens...168-174 quarantine powers.... 375-381 record books and archives. 604-611 relations to naval officers. 109-113 seal or official title not to be used in private transactions_ 456 supervisory power of consuls- general. 94-100 diplomatic representatives.. 101-108 unofficial and notarial services. 480-490 vacancies in con.sulates and com¬ mercial agencies, mode of filling. 32 Consulates, charge of, in absence of consul and vice-consul. 472 countries, by treaties, granting inviolability of.... 80 freedom from military billet¬ ing, service, etc.... 84 delivery of archives and seals to new officer. 57 832 INDEX Paragraph. Con s«Za. Debentures (see Bonds, Exportation). I Debts, consul may (collect, due deceased citizen__ 398 payment of deceased citizen’s_ 399 Deceased Citizens, Effects of, countries by treaties regulating disposal of. 91 duties of consuls respecting ... 385-416 treaty provisions respecting .. 410-416 Deceased Considar Officers, allowance to widow and heirs... 495 Deceased Seamen, disposal of effects of. 2.5.5-258 Declaration of Intention, does not constitute citizenship .. 143 Declaration, Shippers' {see Shippers' Declaration)- Declarations, to be filed with invoices 1020-1023 836 INDEX Paragraph. Delinquent Officers, section of Revised Statutes as to suits against. 851 Denmark, text of treaties with, as to con¬ suls, etc . 1418-1423 as to naturalization. 1()94-1()97 Department of Agriculture, cattle, etc., regulations made part of Consular Regula¬ tions. 383 consuls to report monthly on ag¬ ricultural industries, etc., for. 602 Department of State, accounts to be sent to. 538 board of examiners to fill consu¬ lar vacancies. 32 transfer from, to fill consular va¬ cancies . 33 Deportation of Paupers, etc., consuls to protest against. 365 Deposit of Passports. certificate allowed. Itw Depositions, countries by treaties permitting consuls to take.... 87 Deputy Consular Officers (see also Subordinate Consular Offi¬ cers), duties and functions of; restric¬ tion./ 18 leaves of absence granted by principal. 473 office of vice and, to be combined 41 order of official precedence_ 440-442 salaries of, to be paid by princi¬ pal officers. 50!) Descrip t ive L is ts, to accompany invoices from inte¬ rior consulate to port of shipment. 694 Deserters ( see also Desertion of Sea¬ men ), citizenship forfeited by certain. 145 examination by con.su 1. 2(>6 countries by treaties allowing consuls to reclaim. 88 Paragraph. Deserters —Continued, extra wages to, on account of master’s cruelty, etc. 243 if American citizens entitled to relief. 266 if foreigners not entitled to relief. 266 seamen, on account of cruelties. to receive wages and extra wages. Desertion, entry of discharge of seamen for. on account of cruelty. 210 Desertion of Seamen, casual overstaying leave not; inquiry by consul. 2il5 definition of; exceptions. 294 disposal of balance of wages due deserters, if vessel sold abroad. 25)7 proceeds of effects. 25)8 duties of consul as to arrests.... 25)5) in cases of cruel treatment.... 302 forfeiture of clothes, wages, etc., for .. 296 observance of care to jirevent... 305 treaty provisions to secure ar¬ rests, etc. 306 prevention of fraudulent. .‘lOl prompt report to be made to con¬ sul of. 304 imnishment; duties of consul to arrest. 25)3 report of, found fraudulent. :jo;i to lie noted by consul on crew list. 3-1492 treaty provisions as to citizens dying in... 410 allowance of appeals to minister in civil cases. 644 appeals from consular courts in, to circuit court, California.... 645 i from decision of minister, to cir¬ cuit court, California. 647 judicial powers of ministers and consuls in. 612 termination of.612 note text of treaties as to consuls 149:3-1519 treaty powers of consuls over effects of deceased citizens in. 416 Judgments, consul to give, in criminal cases.. 6:33 concurrence of associates and minister's approval re¬ quired to convict in capital offenses. 634 in civil cases. 635 final in civil cases not exceeding S546 in civil cases if associates con¬ cur; exception. 646 in minor criminal offenses. 646 when associates concur in crimi¬ nal cases; exception. 646 Judicial Powers in Non-Christian Countries, countries by treaties granting consuls. 9:3 vested in consuls in China, Japan, and Siam.... 612 Paragraph. Judicial Powers in Non-Christian Countries —Continued. vested in consuls in Turkey. 613 in Persia. 614 in Tripoli, Tunis, Morocco, Mas- kat, and Samoa. 615 in other countries. 616 appeals to minister; decision. 643 allowance in civil cases. 614 in criminal cases. 644 to circuit court, California... 645 from minister in China and Japan. 647 record’on appeals. 648 associates may be summoned to assist consul in criminal trials. 633 in capital cases all associates must concur to convict; ap¬ proval. 634 may be summoned to as.'^ist in difficult civil cases; judg¬ ment . fS5 selection of. (k39 authority over American seamen 629 over seamen of the Navy in cases of felony. 630 cases in which consuls’ judg¬ ments are final. 646 civil jurisdiction. 624 constitutionality of. 618 criminal juri.sdiction. 623 determination in uncivilized countries of civil cases; limit. 617 of criminal ca.ses; limit. 617 duties of ministers to devolve upon Secretary of State in case of a vacancy. 652 estates of deceased citizens; re¬ ports . 6.54) transfer of moneys of estates.. 651 evidence .. 642 forms for proces.s, etc. )>40 conformity to usage. 641 joint settlement of disputes in China. ))22 marshals’ duties. 649 meaning of “■ minister ” and “ con¬ sul ”. 653 INDEX 847 Paragraph. Judicial Forcers in Non-Christian Countries —Continued, mixed courts for murder trials in Tunis, Morocco, and Tripoli 619 mutual settlement of civil cases; referees. 637 original jurisdiction vested in consuls.-. 631 procedure.... 635 punishment for contempt.- 632 punishments; limit. 636 regulations to be made by minis¬ ters. 627 rules governing the exercise of jurisdiction. 636 sections of Revised Statutes as to... 1068-1115 settlement of minor offenses .... 638 special usages in Turkey .. 620 most favorable usage to other nations to be claimed. 621 warrants of arrest to be issued by consul. 628 Jurisdiction^ general principles of consular ... 627 K. Kongo Free State., text of treaty with, as to consuls. 1530 Korea., text of treaty with, as to consuls, etc. 1521-1534 Labor, Alien Contract (see also Con¬ tract Laborers, Alien), law prohibiting immigration of. 907-913 amended.913-918 providing for return of. 919 Landing Certificates, consolidation permitted of sev¬ eral lots to one consignee .. 726 for cancellation of exportation bonds_ 723 from consignee, etc.. 724 declaration of consul. 724 oath from officers of vessel.. 724 I Paragraph. Landing Certificates —Continued, for cancellation of exportation bonds from consignee; cer¬ tificates, if no consulate; oaths. 724 certificate from foreign cus¬ tom-house in lieu of ship’s officers. 725 from agents of steamship lines in lieu of ship’s offi¬ cers . 725 shipi)ed beyond Free Zone, Mexico.. 730 I goods in transit to Canada need j no consular verification_ 728 [ in transit to Mexico, to be veri- , fled by consul.. 728 numbering; fees; register. 727 signature of; agents’authority . 727 to be made at first port of entry. 726 I Latos (see Statutes at Large). \ Lead, law relating to duty on. 1035 j Leaves of Absence, absences over forty-eight hours to be reported by consul... 465 applications for; statement. 469 consular agents to apply for, through principal.. 474 consular clerks to apply to De¬ partment __-.. 475 countries in which approval of diplomatic representative to request for, is required. 105 cumulative, not authorized.. 469 deputies and clerks allowed, by principal officer. 473 of two kinds; simple. 470 j with permission to visit United I States; transit__ 470 I discretion of President as to I : granting_ 468 I permission to be obtained for ab- ! sence over ten days_ 466 ! interpreters and marshals to ap- I ply through principal officer. 476 j pay while on leave; limit ... 503 ' limited to sixty days’ absence; transit. 467 848 INDEX. Paragraph. Leaves of ^6sence—Continued, requests to be addressed to As¬ sistant Secretary of State.. 99 to be sent direct to the Depart¬ ment . 98 through consuls-general. 97 simple, do not permit visiting United States. 471 vice-consuls, granted by princi¬ pals..... 472 Leaves of Absence, Seamen over.staying, considered deser¬ tion; exception. 294 casual, not so considered. 295 Legal Services, expenses for, require special or¬ der . 3(50 Legations, consuls in custody of, to receive no pay; no diplomatic func¬ tion attached. 501 Lemon Boxes, regulations of exporting and im¬ porting shooks for. 715,716 Letters (see Mails). Letters of Introduction, consuls’ duties, as to. 460 Letters of Transmission, to accompany accounts and re¬ turns . 588 Letters Rogatory, directions concerning .. 1736 issue of, if authorities object to consul acting under com¬ mission. 490 sections of Revised Statutes relat¬ ing to. 1737-1741 Liberia, text of treaty with, as to consuls. 1525 Life-Saving Testimonials, ■ notice of rescues from wrecks to be sent Department for_ 327 ' Light-Houses, notices a])()ut, to be sent by con¬ suls. 444 Jam t ns, restriction of, by consuls. 457 Paragraph. Loss by Exchange, quarterly account of; certifi¬ cates . 584 Lubeck (see Hanseatic Republics). M. Madagascar, treaty powers of consuls over ef¬ fects of deceased citizens in. 416 Mails, ■ American vessels not under con¬ tract need not carry. 184 restriction on use of pouches for. 445 payment of postage due on de¬ tained letters. 450 retention of letters for naval and whaling vessels. 449 return of uncalled-for letters_ 448 Malfeasance, on recall or resignation for, sal¬ ary to cease. 504 Manifests, immigrants’, to be prepared by master; contents. :}62 to be verified before consul.... ;163 to be verified by surgeon. 364 quintuplicate, for contents of cars coming from Canada.. 7(K) contents of car to be compared; forwarding. 701 one copy to Auditor for the Treasury Department. 701 signing; cars to be sealed lie- fore forwarding. 702 required on all vessels leaving for United States. 185 Manitoba, consulates in, not subject to juris¬ diction of consul-general.. 11 Manufactured Articles, marks of country of origin on im¬ ported . 719 general directions. 720 special directions. 721 Manufactures, convict labor, jjrohibited entry.. 722 sami)les of, to lie procured. 5!)6 INDEX 849 Paragraph. Marine Corps, statutes admitting to citizenship enlisted men of. 888 Marine-Hospital Service, law abolishing hospital tax on seamen. 1253 Mariners' Notices, to be* transmitted by consuls_ 444 Market Value, Actual, ascertaining, of goods paying ad valorem duty. 683 defined by customs administra¬ tion act. 1030 inquiries and computations to de¬ termine, of goods imported. 683 Marks of Origin, required on imported manufac¬ tured articles. 719 general directions. 730 special directions. 721 law requiring, on goods im¬ ported . 1050 Marriage, certificate of, in consul’s pres¬ ence . 419 statutory effect of-. 420 consuls can not certify laws of, in United States.. 423 forbidden to celebrate.. 417 may be official witness to; re¬ port.. 418 law of place determines mode of, celebration; exceptions_ 431 section of Revised Statutes as to, in presence of consuls. 1067 Married Women, not accepted as sureties on bonds 36 Marshals of Consular Courts, appointment. 36 duties of; reports. 649 qualification of; bonds. 45 subject to instructions of princi¬ pal officer. 46 to apply for leaves through con¬ sular officer. 476 no substitute authorized while on leave. 476 to receive pay if at post or not... 503 17824 C R-54 Paragraph. Maskat, judicial powers of ministers and consuls in. 615 text of treaty with, as to consuls, etc. 1526-1529 treaty powers of consuls over ef¬ fects of deceased citizens in. 413 Masters of American Vessels, are seaman in the meaning of the laws. 203 payment of wages to, when dis¬ charged . 223 delivery to consul of account of seamen’s wages. 336 removal by owners. 214 services of consul. 315 removal by consul for cause. 316 when sale of ship by, is allowed.. 333 Medical Officers, detailed for inspection and giv¬ ing bills of health .. 375 law as to, at consulates for issu¬ ing bills of health. 1300 Melbourne, copies of dispatches by Austra¬ lasian consuls to be sent consul-general. 96 supervisory jurisdiction of con¬ sul-general . 11 Merchandise (see Importations). Merchant Marine, law abolishing certain fees for services to vessels, etc. 1367-1283 amendments. 1383-1284 extending shipping commis¬ sioners’ duties to coastwise trade, etc. 1385 section of Revised Statutes pro¬ viding punishment for abandoning seamen. 1315 Merchant Seamen, law excepting coasting trade from shipping commission¬ ers’act. 1246 text of Title LIII, Revised Stat¬ utes, relating to, as amended. 1133-1245 850 INDEX. Paragraph. Merchant Seamen —Continued, sections of Revised Statutes as to shipping commissioners 1133-1140 shipment. 1141-1155 wages and effects.1156-1180 discharge. 1181-1185 protection and relief.1186-1219 fees of shipping commission¬ ers . 1220-1223 offenses and punishments.. 1224-1240 giving forms, fees, etc. 1241-1245 Merchant Vessels (see Shipping). Mexico, consuls to inform minister of proposed leave, etc. 106 landing certificates of goods in transit to, require consular verification. 728 law excepting, from provisions of immigration act 1882 . 906,1259 providing for inspection of im¬ migration from... 927 shipment of imported goods to places in Free Zone. 730 text of abrogated treaty with, as to consuls, etc. 1530-1533 naturalization. 1717-1720 transit in bond to Free Zone pro¬ hibited . 729 of goods for places in, beyond Free Zone. 730 Mexico City, consulate-general at, not vested with supervisory jurisdic¬ tion. 8 Military Service, etc., countries by treaties securing consuls from. 84 Military Titles, authorized by Revised Statutes.. 782 consuls entitled to bear official... 452 Mineral Waters, Natural, admitted free of duty; certifi¬ cates, etc. 708 law relating to free entry of. 1042 Ministers, appeals to, from consular courts; decision. 643 Paragraph. Ministers —Continued, approval of list of associates for consular courtsby.. 639 approval of, requisite to convic¬ tion in capital offenses, con¬ sular courts. 634 in case of vacancy, judicial duties devolve upon Secre¬ tary of State. 652 meaning of, as to judicial func¬ tions... 653 original jurisdiction of, in capital cases, etc., in non-Christian countries. 631 regulations for consular courts to be made by. 627 to prescribe forms, etc., for con¬ sular courts. 640 Moneys, Public, transfers from old to new officer. 68 Mongolians, naturalization of, unauthorized and void. 140 Montreal, supervisory juri.sdiction of con¬ sul-general. 11 Morocco, judicial powers of ministers and consuls in. 615 mixed courts for murder trials in. 619 text of treaties with, as to con¬ suls, protection, etc_ 1534^1554 treaty powers of consuls over ef¬ fects of deceased citizens in 413 '"'‘Most Favored Nation " Clause, ' countries conceding, in consular I treaties. 78 Murder, \ consuls to assist in, trials of citi- I zens in Barbary States. 619 Muscat {sQQ Maskat). I Mutiny, action of consul in. 356 care to be observed in incurring j expense of detaining and re- 1 moving accused. 357 I definition of. 351 INDEX. 851 Paragraph. Jlfwfmy—Continued, depositions; transporting ac¬ cused and witnesses. 355 discharges if, caused by cruelty. 353 expenses for legal services not allowed. 360 investigation of consul before de- I taining accused. 354 on vessel in foreign port; aid of authorities. 353 | principles on which jurisdiction of consuls rests. 356 i removal of offenders, etc. 353 | statement of accounts; drafts... 359 vessels not compelled to bring | seamen charged with crime; charges. 358 IV. Nationality of Vessels, registry and flag accepted as proof of. 176 Naturalization, effect of declaration of intention. 143 sections of Revised Statutes re¬ lating to .. 874r-883 text of treties relating to... 1670-1734 Naturalized Citizens, evidence conclusive on consuls.. 139 persons who may become. 140 protection of; treaty provisions. 168 Naval Vessels, seamen of, not entitled to relief for merchant service. 370 Navigation (see also Shipping), information about, to be sent by consuls. 444 sections of Revised Statutes re¬ lating to commerce and. 1119-1137 Navy, courtesies by commanders of squadrons. 109 return of, by consular officers. 110 salutes to be fired and acknowl¬ edged ...— no courtesies by commander of war vessel not of a squadron.... Ill Paragraph. iVavy— Continued, return of, by consular officer; salutes. Ill jurisdiction of consuls in non- Christian countries over seamen of, convicted of fel¬ ony . 630 law admitting to citizenship en¬ listed men of. 888 rank of consular officers with offi¬ cers of. 441 restriction on asking for pres¬ ence of naval force.- 113 social attentions not officially re¬ quired. 113 Neat Cattle, law as to quarantine stations for.. 1308-1311 prohibiting importation of; suspension.. 1313 Neat Cattle and Hides, quarantine regulations may ap¬ ply . 383 expenses to be borne by vessels 384 regulations of Department of Ag¬ riculture binding on con¬ suls . 383 Treasury Department binding on consuls. 381 Newfoundland, consulates in, not subject to juris¬ diction of consul-general-. 11 treaty provisions as to citizens dying in. 410 Netherlands, text of consular treaties with. 1555-1584 New Granada (see Colombia). Netvspaper Extracts, directions for sending, with dis¬ patches . 133 Newspapers, communications about epidemic diseases forbidden.. 436 restriction on correspondence with . 436 Nicaragua, text of treaty with, as to con¬ suls. 1585,1586 852 INDEX Paragraph. Nicaragua —Continued, treaty powers of con.suls over ef¬ fects of deceased citizens in 412 Non-Christian Countries, rights and immunities of consuls in. 75 treaty powers of consuls over ef¬ fects of deceased citizens in 41(5 North German Union (see Ger¬ many). Norway (see Sweden and Norivay). Notarial Acts, compensation for; schedule of fees. 485 a personal fee. 485 optional with consul; prohibition 484 permitted by con.suls under Fed¬ eral laws. 482 under State laws. 483 record and re])ort of. 486 ' Notes, consuls not authorized to in¬ dorse, etc. 457 Notices to Mariners, to be kept by consular officers .. 187 Nuevo Laredo, supervisory jurisdiction of con¬ sul-general. 12 Numbering of Dispatches, consecutive, during term of of¬ ficer. 117 when not required. 117 <». Oaths, law establishing official . 861 not required for invoices of goods on free list or paying spe¬ cific duty. 681 jjrohibition against interest of consul in fees for. 681 required of citizen ai)pointee8... 33 sections of Revised Statutes re¬ lating to official. 848-850 Office. constitu t i o n a 1 prohibition again.st holding under for¬ eign government . 453 text of. 741 Paragraph. O^ce—Continued. law prohibiting acceptance of ... 858 Office Hours, duties to be performed at any time. 63 Office, Recommendations for, consuls prohibited from making. 434 Offices, detailed report describing, to be made. 65 not permitted in private business ofiices, etc. 67 report required before renting new. 66 Official Documents, what constitute, of a consulate .. 611 Oils, law relating to free entry of spec¬ ified . 1043 Orange and Lemon Boxes, special regulations on importa¬ tion of. 715 exportation of shooks. 716 Orange Free State, text of treaty with, as to consuls. etc... 1587-1595 Oriental Countries (see Eastern Countries). Origin, Marks of, manufactured articles imported must have. 719 directions. 720-721 Ottawa, supervisory jurisdiction of con¬ sul-general. 11 Ottoman Empire (see Turkey). Outfit, no allowance for, of consul. 493 Pacific Ocean, free entry of product of fisheries in. 718 Paintings, admission of, free of duty. 709 by American artists imported for public presentation, etc., admitted free. 711 identification. 711 INDEX. 853 Paragraph. Paintings —Continued, for industrial uses not entitled to free entry. 710 law relating to free entry of- 1044 must be produced by hand to be admitted free.. 710 Panama^ supervisory jurisdiction of con¬ sul-general. 12 Papers^ of consulate to be bound and in¬ dexed .. 608 Papers^ Private^ inspection of, filed in consulate; copies -. 479 Paraguay, text of treaty with, as to consuls, etc.. 1601-1603 treaty powers of consuls over ef¬ fects of deceased citizens in. 412 Passport Fees, received by ministers resident and consuls-general to be credited in diplomatic ac¬ counts. 568 Passports, acceptance of prior passport as proof of naturalization. 153 retention of prior.. 153 applications; proof required_ 151 certificates of, deposited at con¬ sulate allowed; form. 165 expire in two years. 152 fees to be collected. 159 form and numbering. 156 granted to citizens only. 149 grounds for withholding. 150 irregular certificates forbidden visa, etc. 162 issuance by legations. -.. 147 by specially authorized consu¬ lar officers. 148 law as to, fees issued by Depart¬ ment of State. 1118 oaths for, may be administered by consular officers. 155 ofiicei-s who may issue ... 146 Paragraph. Passports —Continued, prima facie evidence of citizen ship of, issued by Secretary of State. 154 quarterly returns to be made of, issued. 163 of visas. 164 regulations for China. 166 sections of Revised Statutes re¬ lating to.. 1060-1063 signature of holder on issue of . _ 1.58 travel certificates permitted in China. 167 visa of, by consular officers. 160 good only in country where ac¬ credited. 161 wife, minor children, and servant may be included in. 157 Paupers, consuls to protest against depor¬ tation of. 365 immigration of, prohibited .. 361 Pay (see also Salary), law restricting, of consuls out of diplomatic salaries. 863 Pecuniary Responsibility, no authority for, by consuls in private affairs. . 457 Pension Papers, authentication of, by consuls .... 454 oaths to be administered free.. 455 consul to exact no charge for pa¬ pers relating to.... 526 Perishable Property, of deceased citizens to be sold... 397 Persia, judicial powers of ministers and consuls in.. 614 text of treaty with, as to con¬ suls, etc.. 1604-1606 treaty powers of consuls over ef¬ fects of deceased citizens in 413 Personal Effects, no invoice required of, brought with passenger.. 657 articles excluded. 657 854 INDEX Paragraph. Personal Property, countries having treaty agree¬ ments for disposal of de¬ ceased citizens’. 91 Personal Reflections. to be avoided in consular reports. 598 Peru, text of treaty with, as to con¬ suls, etc. 1(507-1610 treaty powers of consuls over ef¬ fects of deceased citizens in 414 Plants, samples of valuable, to be pro¬ cured . .596 Political Reflections, to be avoided in consular reports. .598 Polygamists, immigration of, prohibited. 361 Ports of Entry, all goods to be imported at. 654 to be declared on invoice. 675 Portugal, text of treaty with, as to consuls, etc. 1611,1612 Postage, accounts for; vouchers required. .546 economy in use of. 547 section of Revised Statutes as to payment by consuls of. 10.55 Pouches, Mail, restriction of use of Govern¬ ment . 445 Pound Sterling, legal value of. .585 Potcers of Attorney, to sign invoices, etc., to be con¬ ferred under local law; fil¬ ing . 673 Precedence, limitation to consuls’ right to.... 76 order of, in the .service. 440 rank with otficers of Army and seniority in grade. 442 Presents, consuls forbidden to receive, etc., from foreign govern¬ ments . 451 Paragraph. Prcsc7ifs—Continued, prohibition in Constitution against receiving, etc. 751 President, constitutional authority to ap¬ point consuls. 744 law authorizing, to exclude products of country dis¬ criminating against United States products. 1034 to determine granting of leaves of absence. 468 to prescribe tariff of consular fees. 518 Press, Public, restriction on correspondence with. 436 Prices Current, consuls to furnish, to Secretary of Treasury, etc. 697 to report, to Treasury Depart¬ ment . 6(X) of all imports of consulate to be reported to Secretary of Treasury. (503 Printed Matter, mode of sending. 1:15 Prisons for American Convicts, transmitting accounts for ex¬ penses . 5-56 Products, United States, 0 discriminations against, to be reported by consuls. 599 Property, Personal (see Personal Property). Protection of Aliens, good offices for, permitted in cer¬ tain cases. 174 permitted in Eastern countries if attached to consulate.... 1751 Protection of Citizens, duties of con-suls as to. 1(58 when, may be withheld. 1(59 Protection of Seamen (see also Re- lief of Seamen ), sections of Revised Statutes as to . 1186-1219 INDEX 855 Paragraph. Protests, Marine, to be received and authenticated by consuls. 186 Provisions, Seamen's, allowance for reduction, etc., of. 317 consul to examine complaints against, furnished crew...- 316 forfeitures for unreasonable complaints. 316 Public Affairs, law prohibiting private corre¬ spondence on. 858 Public Moneys, section of Revised Statutes as to evidence of embezzlement of. 1317 transfer from old to new officer. 68 Public Health, sections of Revised Statutes re¬ lating to . 1286-1294 Public Property, section of Revised Statutes re¬ specting sales of old mate¬ rial, etc. 1054 Punishment, in consular courts to conform to statute. 636 Purchases, invoices to be certified at place of. 678 Pure-Bred Animals, books of record of registered. American. 1742 foreign. 1743 Quarantine, law to prevent introduction of contagious diseases, etc 1296-1298 establishing regulations to pre¬ vent spread of diseases, etc.. 1299-1307 as to, stations for animals. 1308-1311 sections of Revised Statutes re¬ lating to . 1286-1294 "Quarantine Laws and Regulations of the United States, April 26, 189 It." made a part of consular regula¬ tions . 377 Paragraph. Quarantine Regidations, authority of Treasury regula¬ tions .376 bills of health required; contents; fees. 375 detail of medical officer. 375 expense of visiting ships, etc., to be paid by ship. 377 fees to be collected.. 378 forms to be used. 380 immediate report by cable of out¬ break of epidemic, etc., dis¬ ease.... 379 may apply to animals imported. 383 penalty on vessel for clearing without bill; proceedings.. 375 rules for vessels in foreign ports, etc. 375 sanitary reports to be made_ 375 to be posted in consulate. 375 R. Recall, salary stops on, for malfeasance. 504 Receipts (see also Vouch.irs), must be furnished for fees, etc.. Recognition, Temporary, requests for ... 54 Recommendations for Office, consuls prohibited making. 434 law prohibiting. 8.58 Record Books, a part of consular archives. 611 care to be observed in preserva¬ tion, etc., of. 610 index to be made of entries and records.. 607 papers, etc., to be bound and in¬ dexed . 608 to be kept distinct from private books. 609 to be kept at inland consulates and commercial agencies .. 604 at seaports.. 605 at consular agencies. 606 References, Business, , allowance of consul’s name for, forbidden. 458 85G INDEX. Paragrraph. Register of American Citizens, to be kept by consular officers... 172 Register of Xames, no statutory authority to re¬ quire, by citizens. 627 Registers, Ships', disposal of, in case of shipwrecks. 330 when ship sold to foreigners... 331 to citizens.. 331 Relief of Seamen, afforded to men rescued from * shipwreck .. 271 applicable only to merchant ma¬ rine . 261 to destitute American seamen; consul’s decision conclusive 262 care in use of, to prevent deser¬ tion . 305 character of, allowed. 272 clothing to be furnished; reports. 273 consul to afford. 259 examination by consul. 263 foreign seamen in American ves¬ sels entitled; exception. 264 interest of consul in hospital or supplies furnished prohib¬ ited . 275 not to be given minor stowaways. 269 only authorized to American sea- ^ men. 265 to be given deserters if Ameri¬ can seamen; consul to inves¬ tigate . 266 to be given all destitute Ameri¬ can seamen. 267 orders by masters of whaling ves¬ sels no bar to. 268 persons entitled to. 260 returns to be made of services for. 557-560 seamen of naval vessels not enti¬ tled . 270 sections of Revised Statutes as to.1186-1219 vouchers and accounts to be sent 274 Rent, allowance for; leases, etc. 64 allowed salaried consuls; vouch¬ ers . 543 Paragraph. Ren t —Continued allowed feed consuls; limit; drafts not authorized.... 497,545 Repairs, etc., permitted of furniture, etc. 553 Replace Invoices, certifying, permitted only for unavoidable errors. 691 Reports (see also Consular Reports), law directing consuls to make, on commerce, etc... 860 preparation for publication. 116 Rescue of Shipwrecked Seamen, report by consul of. 327 immediate reward to rescuing crew; report. 328 Residence, inviolability of consular, under treaties. 80 to be in consular district, etc.... 62 Resignation, on, for malfeasance, salary to cease. 504 termination of salary on, in United States. 505 Retaliation, law authorizing, on products of country making unjust dis¬ criminations. 1034 Retaliatory Tariff, duties of consuls respecting. 699 Returns (see also Accounts), failure to make quarterly, of fees constitutes embezzlement. 532 to be transmitted Auditor for State, etc.. Departments... 587 annual, to be promptly for¬ warded . 593 Revenue Agents, Treasury, duties of consuls in assisting .... 731 Revised Statutes, reference to Title XLVII.612-653 general provisions, text. 778-780 section relating to certification of copies by con.suls. 781 wearing military uniforms, etc. 782 consular officers. 783-8,‘14 INDEX 857 Paragraph. Revised Statutes —Continued, sections relating to diplomatic and consular officers. 835-847 citizenship.-. 864-873 naturalization.-.. 874-883 immigration. 889-895 collection of duties. 993-1012 proceeds of sales of public prop¬ erty . 10-54 payment of postage by consuls. 1055 foreign relations .. 1056-1115 commerce and navigation. 1119-1127 regulation of vessels in foreign commerce. 1128-1132 merchant seamen. 1133-1245 public health .. 1286-1294 extradition papers... 1313 certain crimes and misdemean¬ ors . 1315-1317 commission to take testimony and letters rogatory- 1737-1741 reference to section 1226. 452 section 1674.3,3,4,15,17,18,19,20 section 1688 . 452 section 1690. 5 section 1691. 34 section 1692. 25 section 1695.. 30,39,43 section 1697. 35 section 1698.. 43 section 1699. 37 section 1700. 37 section 1703. 506,510 section 1704. 23,511 section 1705 . 23,24,511 section 1706. 544 section 1709 . 385,398 section 1710. 386 section 1711. 387 section 1712. 602 section 1713. 600,603,697 section 1715. 688,690 section 1716. 522,695 section 1718. 180,182,225,337 section 1719. 275,514 section 1720 . 524,575 section 1721. 695 section 1722. 525,575 section 1723. 522 Paragraph. Revised Statutes —Continued. reference to section 1724 . 523 section 1730 . 496 section 1732 . 497,545 section 1733 . 510 section 1734. 532,569 section 1736. 190 section 1739. 500 section 1740. 467, section 1741. section 1742., section 1743. section 1745. sectionl746. section 1749. section 1751- sectionl756., section 1757. section 1992. section 1993.. section 1994. section 1996. section 1999. section2000. section 2165. section 2166. section 2168. section 2169. section 2172. section 2174. section 2497. section 2687. section 2770. section 2772. section 2844. section 28-51. section 2855. section 2857. section 2862. section 2962. section 3005. section 3044. section 3045. section 3102. section 3103. section 3490. section 3565. 467,492,492,496, .504,506 . 503 . 467,467,468,502 .. 515 . 159,518 . 527 .. 495 . 434,436,4.51 . 33 .. as . 137 . 138 . 141 . 145 .. 144 . 168 . 139,143,1.50 .. 1.50 . 143 . 140 .. 142 ..150,199 . 349 .. 498 .. 654 654 .. 679 .. 695 . 675,688 .. 675 .. 680,681 . 654 . 728,729 . 724,725 .. 724,725 ... 700 . 700 . 513 . 585 858 INDEX Paragraph. Revised Statutes —Continued. reference to section 4<)14. 450 section 4075. 146,147,168 section 4076. 149 section 4078. 168 section 4082 . 420 section 4083 . 612 section 4084 . 623 section 4085 . 624 section 4086 . 617,626,627 section 4087... 617,623,628 section 4088. 617,617 section 4089 . 644 section 40JX). 631 section 4091. 643 section 4092.. 644,646 section 40i)3. 645 section 4094 . 647 section 4095 . 647 section 4097 . 642 section 4098 . 637 section 4099 . 638 section 4102 . 634 section 4105 . 646 section 4106..633,614,63i), 644,646 section 4107.. 635,644,646,646 section 410$).. 631 section 4111. 26 section 4112. 649 section 4113. 45 section 4117 . 640,641 section 4118 . 640,641 section 4119. 640,641 section 4120. 640,641 section 4125. 613 section 4127.615,616 section 4128. 652 section 412il. 616 section 4i:30. 19 section 416). 331 section 4204. 184 section 4213. 183.523 section 4219 . 349 section 4222. .575 section 4238 . 321 section 4250. 207,214 section 4^30i>. 175,180 section 4^310. 175 Paragraph. Revised -Sfafttfcs—Continued. reference to section 4516. 192 section 4517. 189,190,191 section 4.518. 191 section 4.523. 191 section 4524. 226 section 4.525 . 227 section 4526. 228 section 4.527 . 2.32 section 4529 . 229 section 4530. 2130 section 4.531. 235 section 4532. 236 section 4.533. 23(3 section 4535. 242 section 4.538. 255 section 45.39. 255 section 4541. 255,256 section 4.548 . 219 section 4550. 239 section 45.51. 2(t9 section 4559... 315, :3:37 section 4560..315,637 section 4561. 207,208,243, .315, .637 section 4562. 315,637 section 4563. 345,637 section 4565. 316 section 4.566. 316 section 4.567. 312,313 section 4568 . 317 section 4.569 . 238 section 4575. 194 section 4576. 197,215,2)9 section 4577 . 259,276 section 4578 . 277 section 4579. 279 section 4580. 2)6,207 section 4581. 218,6)2 section 4.582. 2)7,243 section 4583. 2)5,207,243 section 4596. 293 section 453)9. 2)3 section 406 Peru, as to consuls, etc. H)07-1610 Portugal, as to consuls.1611,1612 Roumania, consular. 161:3-1628 Russia, as to con.suls, etc_ 1629, hvlO Samoan Islands, as to consuls.. 16:51 Siam, as to consuls, etc.b):32-1644 Spain, as to consuls, etc_ 1645,1646 Sweden and Norway, as to con¬ suls. etc . 1647,1648 naturalization. 1721-1729 Switzerland, as to consuls. 1649 Tonga, as to consuls, etc_16.50-l»v52 Tripoli, as to consuls, etc.. 165:1-1661 Tunis, as to consuls, etc_ 16«)2-hk)8 Wurttemlx*rg, n a t u r a 1 i z a - tiou... 1730-1734 INDEX 869 Paragraph. Treaties—Continued, text of, with Zanzibar, as to con¬ suls. 1669 Tripoli^ judicial powers of ministers and consuls in.. 615 mixed courts for murder trials in. 619 text of treaty with, as to consuls, etc.-. 1653-1661 treaty powers of consuls over ef¬ fects of deceased citizens in 413 Tunis, judicial powers of ministers and consuls in. 615 mixed courts for murder trials in 619 text of treaty with, as to consuls, etc...-.1663-1668 treaty powers of consul over ef¬ fects of deceased citizens in. 413 Turkey, judicial powers of ministers and consuls in. 613 law as to mixed tribunals in. 1116,1117 most favorable usage to other nations to be claimed for citizens. 631 special usages for litigations. 630 text of treaty, etc., with, as to consuls, etc__ 1596-1600 treaty powers of consuls over effects of deceased citizens in. 416 U. Uncivilized Countries, determination in, by consuls of civil cases; limit. 617 of criminal cases; limit. 617 Undervaluations, consuls may refuse to certify in¬ voices having fraudulent.. 690 Underrvriters, consuls to cooperate with agent of, in cases of wrecks and surveys. 336 deemed consignees of abandoned goods. 656 Paragraph. Uniforms, prohibition on wearing official; exception .. 453 use of, authorized by Revised Statutes. 783 Unofficial Services, compensation for; schedule of fees. 485 a personal fee. 485 compensation to consular clerk for. 487 consuls may examine titles and do other; compensation.... 480 disputes as to charges for, to be reported to Department... 488 lien of consul on papers for. 488 oi:)tional with consul. 484 performance of notarial acts, un¬ der Federal laws. 483 under State laws. 483 record and report of. 486 taking testimony under commis¬ sion.-.-. 489 duty if local authority objects. 490 Unseawortliiness, consuls to appoint inspector to determine, of vessels. 315 United States Courts, noninterference in disputes of officers and crews of foreign ships. 311 V. Vacancies, in subordinate offices to be re¬ ported at once. 47 Value, Actual Market, ascertaining, of goods paying ad valorem duties. 683 inquiries and computations to determine, of goods im¬ ported. 683 Vessels (see also Shipping). affidavit of master and mate of landing of exported goods. 724 by foreign custom officials in lieu. 725 by agents of steamship lines... 725 870 INDEX Paragraph. FesseZs—Continued, bottomry bond or sales of, to be acknowledged. 333 charts and notices to mariners to be kept by consuls. 187 definition in Revised Statutes.-- 779 destitute seamen to be brought to United States port; pen¬ alty.-. disposal of balance due deserters, when, sold abroad. 297,298 effect of citizen dying on. 392 register when, sold to foreign¬ ers . 331 when, sold to citizens. 331 duty of consul on refusal of mas¬ ter to deposit ship’s papers. 178 extra wages on discharge to crew of, purchased abroad. 345 not due if sold abroad. 245 to crew of, sold to be delivered abroad. 251 to crew not exacted when sale, etc., involuntary. 3.52 forms for business with masters and seamen. 188 found unseaworthy entitles sea¬ men to extra wages. 243 law restricting importations in foreign. 1051 manifests must be produced. 185 meaning of “ arrival ”. 177 must convey bullion, coin, etc., offered by consul. 184 need not carry mails unless under contract. 184 performance of duties for which fees are allowed. 182 fees not to be collected from American vessels. 182 foreign - built vessels to pay fees; to be accounted for... 182 preservation of .ship's papers; certificate or receipt to be given. 179 proof of nationality. 176 protests to be received and au¬ thenticated . 186 Paragraph. FesseZs—Continued. ' provisions relating to wrecks, etc. 321-340 purchase of foreign - built, by citizens. 341-349 relief to all seamen of American, rescued from shipwreck... removal of master by owners_ assistance of consul. by consul. requirements before return of ship’s papers; new certifi¬ cate .. report when, sail without papers, shipment and discharge of sea¬ men . 189-225 shipment of crews on, purchased abroad. 195 ship’s papers to be deposited with consul at port on arrival... 175 sold in foreign country entitles seamen to extra wages; ex¬ ception. 243 statement to master of services performed. 183 waived if consul salaried unless fees are collected. 183 unseaworthiness to be deter¬ mined by inspectors. 315 wages of seamen to cease on loss of. 238 FesseZs, American, accounts for services to, by feed consuls. 574 official fees not collectible from. 520 to bring home destitute seamen; selection. 281 Vice-Commercial Agents, are principal officers when in charge. 3 Vice-Consular Officers, accounts by, when in charge of office. 571 separation from accounts of principal. 571 are principal officers when in charge. 3 can not draw two .salaries. 5 • « -