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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 claiming 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 passports, shall knowingly and wilfully grant, issue, or verify any such passport to or for any person not a citizen of the United States, the person so offending shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be imprisoned not exceeding one year, or fined in a sum not to exceed 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; and it shall be the duty of all persons who shall be authorized, pursuant to the provisions of this act, to grant, issue, or verify passports, to make return of the same to the Secretary 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 passport: Provided, That in any country where a legation of the United States is established, no person other than the diplomatic representative of the United States, at such place shall be permitted to grant or issue any passport, except in the absence therefrom of such representative.
SEC. 24. And be it further enacted, That every secretary of legation Secretaries of and consular officer is hereby authorized, whenever he shall be required legation and consular officers or may deem it necessary or proper so to do, at the post, port, place, or may administer within the limits of his legation, consulate, or commercial agency, to oaths, and act as administer to or take from any person an oath, affirmation, affidavit, or deposition, and also to perform any notarial act or acts such as any notary public is required or authorized by law to do or perform within the United States; and every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as good, valid, effectual, and of like force and effect within the United States, to all intents and purposes, as if such oath, affirmation, affidavit, deposition, or notarial act had been administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto; and if any person shall wilfully and corruptly commit perjury, or by any means procure any Penalty for person to commit perjury in any such oath, affirmation, affidavit, or depo- perjury in such sition, within the intent and meaning of any act of Congress now or hereafter made, such offender. may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offence had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offence; and any document purporting to have affixed, impressed or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being Evidence of genuine or of the official character of such person; and if any person the taking of the shall forge any such seal or signature, or shall tender in evidence any such document with a false or counterfeit seal or signature thereto, know- forging certifiing the same to be false or counterfeit, he shall be deemed and taken to cates of oaths. be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, therefor, in the district where he may be arrested or in custody.
Provisions in SEC. 25. And be it further enacted, That whenever any seaman or case of desertion mariner of any vessel of the United States shall desert such vessel, the master or commander of such vessel shall note the fact and date of such desertion on the list of the crew, and the same shall be officially authenticated at the port or place of the consulate or commercial agency first visited by such vessel after such desertion, if such desertion shall have occurred in a foreign country, or if in such case such vessel shall not visit any place where there shall be any consulate or commercial agency before her return to the United States, or the desertion shall have occurred in this country, the fact and time of such desertion shall be officially authenticated before a notary public immediately at the first port or place where such vessel shall arrive after such desertion; and all wages that may be due to such seaman or mariner, and whatever interest he may have in the cargo of such vessel, shall be forfeited to and become the property of the United States, and paid over for their use to the collector of the port where the crew of such vessel are accounted for as soon as the same can be ascertained; first deducting therefrom any expense which may necessarily have been incurred on account of such vessel in consequence of such desertion; and in settling the account of such wages or interest no allowance or deduction shall be made except for moneys actually paid, or goods at a fair price supplied, or expenses incurred to, or for such seaman or mariner, any receipt or voucher from, or arrangement with such seaman or mariner, to the contrary notwithstanding.
the case of the discharge of seamen abroad.
1840, ch. 48. Vol. v. p. 394.
SEC. 26. And be it further enacted, That upon the application of any seaman or mariner for a discharge, if it shall appear to the consular officer that he 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, he shall discharge such seaman or mariner, and shall require from the master or commander of the ship or vessel from which such discharge shall be made, the payment of three months' extra wages, as provided by the act hereinbefore mentioned, approved 1803, ch. 9. February twenty-eight, eighteen hundred and three; and it shall be the Vol. ii. p. 203. duty of such master or commander to pay the same, and no such' payment or any part thereof shall be remitted in any case, except such as are mentioned in the proviso of the ninth clause of the act entitled " An act in addition to the several acts regulating the shipment and discharge of seamen and the duties of consuls," approved July twentieth, eighteen hundred and forty, and as hereinafter provided, and the extra wages required to be paid by the said ninth clause of the last hereinbefore mentioned act, and by this section, shall be applicable to the same purposes and in the same manner as is directed by the said act approved February twenty-eighth, eighteen hundred and three, in regard to the extra wages required to be paid thereby; and if any consular officer, when discharg ing any seaman or mariner, shall neglect to require the payment of and collect the extra wages required to be paid in the case of the discharge of any seaman or mariner, by either of the said acts, as far as they shall remain in force under this act or by this act, he shall be accountable to the United States for the full amount of their share of such wages, and to such seaman or mariner to the full amount of his share thereof; and if any seaman or mariner shall, after his discharge, have incurred any expense for board or other necessaries at the port or place of his discharge before shipping again, such expense shall be paid out of the share of the three months' wages to which he shall be entitled, which shall be retained for that purpose, and the balance only paid over to him: Provided, however, That in cases of wrecked or stranded ships or vessels, or ships or vessels condemned as unfit for service, no payment of extra wages shall be required.
List to be kept
SEC. 27. And be it further enacted, That every consular officer shall
ed, and of all
keep a detailed list of all seamen and mariners shipped and discharged of seamen shipby him, specifying their names and the names of the vessels on and from ped or discharg which they shall be shipped and discharged, and the payments, if any, vessels arriving made on account of each so discharged, and also of the number of the or departing, and of their cargoes. vessels arrived and departed, and the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and make returns of the same, with their accounts and other returns, to the Secretary of the Treasury; and no consular officer shall certify any invoice unless he shall be satisfied that the person making the oath or affirmation thereto is the person he represents himself to be, that he is a credible person, and that the statements made under such oath or affirmation are true; and he shall, thereupon, by his certificate, state that he was so satisfied; and it shall be the duty of every consular officer to furnish to the Secretary of the Treasury, as often as shall be required, to be furnished. the prices current of all articles of merchandise usually exported to the United States from the port or place in which he shall be located.
SEC. 28. And be it further enacted, That it shall be the duty of every Masters, &c. of master and commander of a ship or vessel of the United States, when- ships obliged to apply to said ever he shall have occasion for any consular or other official service, officers when he which any consular officer of the United States shall be authorized by has occasion for law or usage officially to perform, and for which any fees shall be allowed any of said serby the said rates or tariffs of fees as aforesaid, to apply to such one of the said officers as may then be officially located at the consulate or commercial agency, if any there be where such service shall be required, to perform such service, and such master or commander shall pay to such officer such fees as shall be allowed for such service, in pursuance of the provisions of this act; and if any such master or commander shall omit so to do, he shall be liable to the United States for the amount of the fees lawfully chargeable for such services, as though the said services had been performed by such officer; and all consular officers are hereby au- Papers may be thorized and required to retain in their possession all the papers of such detained till payships and vessels, which shall be deposited with them as directed by law, till payment shall be made of all demands and wages on account of such ships and vessels.
ment of fees.
SEC. 29. And be it further enacted, That if any citizen of the United Duties of con States who shall die abroad shall, by any lawful testamentary disposition, when citizens leave special directions for the custody and management, by the consular die abroad. officer of the port or place where he shall die, of the personal property of which he shall die possessed in such country, as contemplated by the act entitled "An act concerning consuls and vice consuls," approved April fourteenth, seventeen hundred and ninety-two, it shall be the duty of 1792, ch. 24, § 2. such officer, so far as the law of such country will permit, strictly to observe such directions; and if any such citizen so dying shall, by any Vol. i. p. 255. lawful testamentary disposition, have appointed any other person or persons than such officer to take charge of and manage such property, it shall be the duty of such officer, whenever required by such person or persons so appointed, to give his official aid in whatever way may be necessary to facilitate the proceedings of such person or persons in the lawful execution of such trust, and, so far as the laws of the country permit, to protect the property of the deceased from any interference of the local authorities of the country where such citizen shall die; and to this end it shall be the duty of such consular officer to place his official seal upon all or any of the personal property or effects of the deceased, and to break and remove such seal as may be required by such person or persons, and not otherwise.
Fees, in what
SEC. 30. And be it further enacted, That all fees collected for and in behalf of the United States, in pursuance of this act, shall be collected coinage payable.
in the coin of the United States, or at its representative value in exchange.
SEC. 31. And be it further enacted, That in the construction, and for former acts about the purposes, of all other acts and parts of acts which shall remain in force after this act shall take effect, defining any of the powers, declaring any of the rights, prescribing any of the duties, or imposing any penalty or punishment for any act of omission or commission of any consul, commercial agent, vice consul, or vice commercial agent, or allowing or enjoining the performance of any act, matter, or thing, with or before any such officer, all such acts and parts of acts shall in all these several respects, so far as may be consistent with the subject-matter and context of the same and with this act and the treaties of the United States, be deemed and taken to include and apply to all consular officers as though all such officers were specially named therein; and the said official designations in contemplation of all such acts and parts of acts, and of this Meaning of act, shall be deemed and taken to have the respective meanings hereintitles of consular after assigned to them-that is to say, "consul general," "consul," and
for violation or neglect of duty.
"commercial agent," shall be deemed and taken to denote full, principal, and permanent "consular officers," as distinguished from subordinates and substitutes; "deputy consul" and "consular agent" shall be deemed and taken to denote "consular officers" subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively; and "vice consuls" and "vice commercial agents" shall be deemed and taken to denote "consular officers," who shall be substituted, temporarily, to fill the places of "consuls general," "consuls," or "commercial agents," when they shall be temporarily absent or relieved from duty; and the term "consular officer," as used in this act, shall be deemed and taken to include all such officers as are mentioned in this section, and none others; and the term "diplomatic officer," as used in this act, shall be deemed and taken to include all the officers mentioned in the first section of this act, and none others.
SEC. 32. And be it further enacted, That if any consular officer shall consular officers wilfully neglect or omit to perform seasonably any duty imposed upon him by this or any other act, or by any order or instruction made or given in pursuance of this or any other act, or shall be guilty of any wilful malfeasance or abuse of power, or any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect, or omission, malfeasance, abuse, or corrupt conduct, for all damages occasioned thereby; and for all such damages by any such officer, he, and his sureties upon his official bond, shall be responsible thereon to the full amount of the penalty thereof, to be sued in the name of the United States for the use of the person or persons so injured; Provided, That such suit shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against such officer, under such bond, for every wilful act of malfeasance or corrupt conduct in his office; and if any such officer shall refuse to pay any draft, order, or warrant which may be drawn upon him by the proper officer of the Treasury Department for any public moneys of the United States in his hands, or for any amount due from him to the United States, whatever the capacity in which he may have received or may hold the same, or to transfer or disburse any such moneys promptly upon the legal requirement of any authorized officer of the United States, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment not to exceed ten years nor less than one year, or by fine not to exceed two thousand dollars nor less than two hundred dollars, or both, at the discretion of the court; and any such officer so offending, may be charged, proceeded against, tried, convicted,
1840, ch. 48.
and dealt with in any district in which he may be arrested or in custody. SEC. 33. And be it further enacted, That the fifth, sixth, and seventh Repeal of cersections of the act hereinbefore mentioned, approved July twentieth, parts of acts and tain specified eighteen hundred and forty, and all of the act entitled "An act to re- of all inconsistmodel the diplomatic and consular systems of the United States," approved March first, eighteen hundred and fifty-five, and all acts and parts of acts whereby any such fees as are contemplated by the seventeenth section of this act are fixed or allowed, and any usage or law whereby any attache is or may be allowed to any legation other than such as are provided in this act, or requiring any secretary of legation to be employed otherwise than as provided by this act, and all other acts and parts of acts, so far as the same are inconsistent with this act, be and the same are hereby annulled and repealed; and no attache shall be allowed in any case, nor any secretary of legation, otherwise than as provided by
SEC. 34. And be it further enacted, That this act shall take effect on the first day of January next, and not before.
APPROVED, August 18th, 1856.
Vol. v. p. 394. Vol. x. p. 619.
1855, ch. 133.
CHAP. CXXVIII.—An Act making Appropriations for the Current and Contingent Expenses Aug. 18, 1856. of the Indian Department, and for fulfilling Treaty Stipulations with various Indian Tribes,
for the Year ending June thirtieth, one thousand eight hundred and fifty-seven.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian department, and fulfilling treaty stipulations with the various Indian tribes.
For the current and contingent expenses of the Indian department, viz :
Current and contingent expenses.
1851, ch. 14. 1852, ch. 11.
For the pay of superintendents of Indian affairs, and of the several Indian agents, per acts of fifth June, eighteen hundred and fifty, twenty- 1850, ch. 16. eighth September, eighteen hundred and fifty, twenty-seventh February, eighteen hundred and fifty-one, third March, eighteen hundred and fiftytwo, third March, eighteen hundred and fifty-three, thirty-first July, eighteen hundred and fifty-four, and third March, eighteen hundred and fifty-five, fifteen thousand dollars.
For the pay of the several Indian sub-agents, per act of thirty-first July, eighteen hundred and fifty-four, ten thousand five hundred dollars. For the pay of clerk to superintendent at St. Louis, Missouri, per act of twenty-seventh June, eighteen hundred and forty-six, one thousand two hundred dollars.
For the pay of clerk to superintendent in California, per act of third
For provisions for Indians, eleven thousand eight hundred dollars.
1853, ch. 104. 1854, ch. 167. 1855, ch. 204. Vol. x. p. 686.
1854, ch. 167.
Vol. x. p. 315. 1846, ch. 34. Vol. ix. p.
1852, ch. 11.
For fulfilling treaty stipulations with the various Indian tribes: Blackfoot Nation.-For first of ten instalments as annuity, to be expended in the purchase of such goods, provisions, and other useful articles, as the President, at his discretion, may from time to time determine, Post, p. 659. per ninth article of the treaty of seventeenth October, eighteen hundred and fifty-five, twenty thousand dollars.
For expenses of transportation and delivery of annuities in goods and provisions, seventeen thousand dollars.
VOL. XI. PUB.-9