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26, 1834, entitled "An act to remove certain burdens on the American merchant marine," do not include foreign-built Foreign-built ves vessels owned by citizens of the United States. Such vessels must pay the usual fees. It is only regularly documented vessels of the United States that are exempt from their payment. (See paragraph 159.)

No additional fee

R. S., secs. 1716,

1723.

494. When a fee is fixed in the tariff of fees for any par- allowed. ticular act or service, no additional fee is to be demanded for signature, attestation, or affixing the seal of office. In regard to the verification of invoices, a penalty is provided for charging for blank forms, advice, or clerical services in the preparation of the declaration or certificate, or for receiving any fee greater than that authorized by law. And if a Consular Officer collects, or knowingly allows to be collected, any other or greater fees than are allowed by law, for any service, he is liable in treble the amount of the unlawful charge, besides the liability to refund it. In such a case, the Secretary of the Treasury is authorized to retain the amount of the overcharge out of the compensation of the Consular Officer.

495. If a Consular Officer who receives a salary omits to collect any fees which he is required to collect for any official service, he is liable to the United States therefor, as if he had collected them, unless they shall be remitted, on good cause shown, by the Secretary of the Treasury. Receipts must be furnished by all Consular Officers, salaried or unsalaried, to owners, agents, consignees, masters or commanders of all vessels from whom official fees or charges or extra or arrears of wages of seamen shall be collected. (See paragraph 160.)

496. Whenever any master or commander of a vessel of the United States has occasion for any Consular or other official service which any Consular Officer is authorized by law or usage officially to perform, he shall apply to the Consular Officer at the Consulate or Commercial Agency where such service is required, to perform such service. All Consular Officers are authorized and required to retain in their possession all the papers of such vessels, which shall be deposited with them as directed by law, till payment shall be

Liable for fees omitted.

R. S., sec. 1724.

Receipts to be furnished.

R. S., sec. 4213.

Shipmaster to apply for services. R. S., sec. 1718.

Fees on Ameri can vessels in certain cases.

made of all lawful demands and wages on account of such vessels.

497. Fees are not to be charged for American vessels runRec. 1720. ning regularly by weekly or monthly trips, or otherwise, to or between foreign ports, for more than four trips in a year. The fees referred to are the tonnage fees provided for in Fees 80 and 81 of the Tariff, and for granting Forms Nos. 13 and 14. These fees are chargeable for each vessel on the first four trips in each calendar year. They are chargeable by the Consular Officer at the foreign port where the principal offices of the steamship company or owners are located. They are not to be charged at other Consular Offices on the route, whether within or without the same allegiance. Consular fees, other than tonnage fees, are chargeable for official services performed for such vessels; and the vessels are not exempt from the requirement to deposit the ship's papers at each port where an arrival is made.

Tonnage fees in Canada.

4222.

498. No Consul, Vice-Consul, or Consular Agent in the R. S., secs. 1722, Dominion of Canada is allowed tonnage fees for any services, actual or constructive, rendered any vessel owned and registered in the United States that touches at a Canadian port. The word "touches" in this statute means that a vessel may enter a port, if such entry is connected with the purposes of her voyage. If consistent with such purposes, taken in conjunction with the customs of the particular trade, she may land or load cargo there. Nor are these fees to be charged for such vessels touching at or near ports in Canada on their regular voyages from one port to another within the United 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 from the provision of law which requires the deposit of the vessel's papers with the Consular Officer.

Fees to bepaid in coin, &c.

499. All Consular fees when collectible under the provisR. S., sec. 1746. ions of this article are to be collected in the coin of the United States, or its representative value in exchange. The word coin includes both gold and silver coin. 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,

500. Tables showing the values of foreign moneys of account in United States money of account, and for reducing United States gold coin to English and French currency, and other currency tables, will be found in Forms Nos. 148, 149, 161, and 162.

501. All acts or services for which a fee is prescribed in the Tariff of Fees are to be regarded as official services, and the fees charged and received therefor are to be reported and accounted for to the Treasury of the United States, except when otherwise expressly stated therein.

502. 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.

Currency tables.

Official fees de fined.

Receipts to be

given.

cial fees to be sworn to.

R. S., sec. 1728.

503. Every Consular Officer, in rendering his account of Reports of offifees received, shall furnish a full transcript of the register which he is required to keep, and make oath that to the best of his knowledge the same is true, and contains a full and accurate statement of all fees received by him or for his use, for his official services as such Consular Officer, during the period for which it purports to be rendered. Such oath may be taken before any person having authority to administer oaths at the port or place where the Consular Officer is located. These accounts are rendered quarterly to the Fifth Auditor of the Treasury on the prescribed Forms.

504. The following rules must be observed in numbering official fees: The fees for the certification of triplicate invoices; of returned American goods; of returned empty bags, boxes, or barrels, and of personal effects must, in the Consul's returns, be included under one separate, consecutive series of numbers, and corresponding numbers placed upon the invoices or certificates.

The fees for Debenture or Landing certificates must bear a separate and distinct series of numbers, and corresponding numbers be written or stamped plainly at the left-hand upper corner on the face of the certificates and marked "Consular Number."

All other fees collected should be numbered consecutively under one series.

765 C R-12

Rules for num. bering fees.

Returns to be made quarterly.

Each series of numbers for fees should begin anew with No. 1 at the commencement of each calendar year.

All the fees should be entered at length on the fee-book furnished by the Department of State, so as to complete the returns in accordance with Forms Nos. 101 and 102.

505. The returns of fees must be made, in the manner R. S., sec. 1734 hereafter indicated, without fail, at the close of each quarter. If no fees are received in any quarter, that fact should be reported on the prescribed Form under oath. The statute declares a Consular Officer guilty of embezzlement and disqualifies him from holding any office of trust or profit under the United States, who willfully neglects to render true and just quarterly accounts and returns of the business of his office, and of moneys received by him for the use of the United States, or to pay over any balance of such moneys due to the United States at the expiration of any quarter, before the expiration of the next succeeding quarter.

Tariff of fees to be posted.

506. It is the duty of all Consular Officers at all times to K. S., sec. 1731. keep posted up in their offices, in a conspicuous place, and subject to the examination of all persons interested therein, a copy of such rates or tariffs of fees as shall be in force.

Fees ere in full for services.

Tariff of official fees.

507. The official fees prescribed in the tariff are to be regarded as in full for the services to which they relate, and they include the furnishing of blank forms, their preparation and execution. A Consular Officer is forbidden to charge any greater fee than that prescribed, whether for supplying the forms, filling them up, preparing and executing them, or otherwise.

508. The following is the revised tariff of official fees, prescribed by order of the President, and to be observed by all Consular Officers:

TARIFF OF FEES.
Acknowledgments.

1. Of the master to bottomry bond, with certificate under seal
(Form No. 69) ...................

$1.00

2. Of the master to a mortgage or mortgage bill of sale of ves-
sel........

1.00

3. Of the master to an order for payment of seamen's wages at
home, including making up the order if required (Forms
Nos. 80 and 81)

1 00

4. Of assignment of bottomry bond (Form No. 71).................

5. Of the vendor to a bill of sale of vessel......

6. Of power of attorney to transfer United States stock (Par. 444, C. R.)..

Authenticating Copies of Papers.*

$1.00

1 00

No fee.

7. Of advertisement for funds on bottomry (Form No. 56).......
8. Of inventories and letters, or either, of master (Form No. 62).
9. Of marine note of protest (Form No. 37)
10. Of extended protest (Form No. 38).

.....

11. Of account of sales of vessels, cargo, provisions, and stores, or either (Forms Nos. 57 and 65)..

12. Of call, warrant, and report of survey on vessel, hatches, cargo, provisions, and stores, or either (for example see Form No. 52).

1 00 1 00

1.00

1 00

100

1 00

Authenticating Signatures.*

13. To average bonds (Form No. 160)..

1 00

14. To estimate of repairs of vessels (Form No. 51)

1.00

15. To (auctioneer's) account of sales of vessel or cargo, provisions, or stores (Forms Nos. 63 and 64).

100

16. To reports of survey on vessel or cargo, provisions, or stores (Forms Nos. 45 and 49)...

100

17. Of forms of application for arrears of pay of bounty of deceased or disabled soldiers.....

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18. For authenticating all the vouchers and other papers necessary for drawing a pension

Certificates.

19. To bill of health (Form A)..

50

50

2.50

20. To indorsement of bottomry on ship's register (Form No. 72).. 21. To ditto on payment of bottomry on ship's register (Form No. 73).

1 00

1 00

22. To ditto of new ownership on ship's register (Form No. 78).. 1 00 23. To canceling ship's register (Form No. 67).

1 00 100

24. To value of foreign currency in triplicate (Form No. 144) 25. Debenture certificate, including oaths of master and mate, and the complete execution of the certificate, except by Consu lar officers of the United States at posts on the Rio Grande, Mexico, where shall be charged for all debenture certificates as above $2.50 when the declared value is $2,500 or less, and $5.00 when the declared value is over $2,500 (Form No. 151). 2 50 *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.

All consular fees are to be collected, as prescribed by law, "in the coin of the United States, or at its representative value in exchange."

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