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such reasonable allowance as may be made for such transportation, under and by virtue of the fourth section of the act entitled "An act supplementary to the act concerning consuls and vice consuls, and for the further protection of American seamen," approved February twenty-eighth, eighteen hundred and three.1

from his post,

361. It is provided by the nineteenth section, that Absence of a no consul general, consul, commercial agent, consular consular officer agent, or consular pupil shall be absent from his post and when comor the performance of his duties for a longer period pensation may than ten days at any one time, without the permission previously obtained of the President; and that no compensation shall be allowed for the time of any such absence in any case, except cases of sickness.

362. It is held by the Treasury Department, that if "such absence" is, through the Department of State, sanctioned by the President, compensation is to be allowed.

be allowed for

absence.

consular offi

cers named in

C unless

citi

363. It is enacted by the twenty-first section, that No compensano compensation provided in the said act for any such tion allowed to officer as is mentioned in schedules B and C of the third section of the act, or any appropriation therefor, schedules Band shall be applicable to the payment of the compensation of any person appointed to or holding any such office after the act shall take effect who shall not be a citizen of the United States; nor shall any other compensation be allowed in any such case.

364. It has been held by the Treasury Department that this prohibition does not affect vice consuls, who may temporarily discharge the duties of principal consular officers in the event of the absence of such officers from their posts, their resignation or death.2

1 See Statutes at Large, vol. ii. pp. 203–205.

* See decision in regard to the compensation of the vice consuls at Geneva, Genoa, Calcutta, Liverpool, Lyons, Quebec, and other places.

zens of U. S.

acting consul.

Compensation 365. A substitute, or vice consul, left in charge of of a vice or the consulate during the temporary absence of the consul, is to be compensated out of the statute emoluments of the office, subject to the regulations of the Department of State.1

Notice of termination of

office.

366. An acting consul, in charge of a consulate during actual vacancy of the consulate, is entitled to receive the statute compensation of the office, subject, of course, to the provisions of the fifteenth section of the Diplomatic and Consular Act.2

367. In the case of appointments and removals by the President, when the removal is not by direct discharge or an express vacating of the office by way of independent fact, but merely by the operation of a new commission or appointment, then the virtue of the old commission ceases only when notice of the new commission is given to the outgoing officer, either by the President, or by the new officer exhibiting his commission to the old one, or by other sufficient notice, and the old officer continues to be entitled to compensation down to the time of his ceasing to perform the duties of his office.3

1 Opinions of the Attorneys General, vol. vii. 714.
2 Ibid.
3 Ibid. 303.

CHAPTER XX.

CONSULAR FEES.

368. Ir is provided by section thirty-three of the Prior acts in Diplomatic and Consular Act,' that all acts and parts regard of fees of acts be annulled and repealed whereby any such

fees are fixed and allowed as are contemplated by section seventeen of the said act.

repealed.

369. The provisions in respect to consular fees Law relating to herafter to be charged are contained in the sixteenth, fees. seventeenth, eighteenth, twenty-eighth, and thirtythird sections of the said act.

scribe the tariff

370. Section sixteen of the act authorizes the President auPresident to prescribe, from time to time, the rates thorized to preor tariffs of fees to be charged for official services, of fees. and to designate what shall be regarded as official services, beside such as are expressly declared by law, in the business of the several legations, consulates, and commercial agencies, and to adapt the same, by such differences as may be necessary or proper, to each legation, consulate, or commercial agency, and to report such rates or tariffs annually to Congress.

to collect the

371. It is made the duty of all consular officers Consular offconnected with the consulates or commercial agencies cers required of the United States to collect, for official services, prescribed fees. such, and only such fees as may be prescribed for their respective consulates and commercial agencies.

1 Statutes at Large, vol. xi. pp. 52–65.

Receipts for

372. All consular officers are required to give refees to be given. ceipts for all fees which shall be collected for their official services respectively, expressing the particular services for which the same were collected.

Receipts to be numbered.

Fee book to be kept.

Fees to be ac

373. Every consular officer is required to number all receipts given by him for fees received for official services in the order of their dates, beginning with number one at the commencement of the period of his service, and on the first day of January in every year thereafter; the numbers on the receipts and in the fee book must respectively correspond.

374. He is also required to keep a book, in which he shall register all fees so received by him in the order in which they shall be received, specifying in such register each item of service and the amount received therefor, from whom and the dates when received, and if for any service connected with any ship or vessel, the name thereof, and indicating what items and amounts are embraced in each receipt given by him therefor, and numbering the same according to the number of the receipts respectively, so that the receipts and register shall correspond with each other; and in such register he must specify the name of the person for whom and the date when he shall grant, issue, or verify any passport, certify any invoice, or perform any other official service, in the entry of the receipt of the fees therefor, and also number each consular act so receipted for with the number of such receipt as shown by such register.

375. All fees collected by the consuls general, concounted for to suls, and commercial agents mentioned in schedules of the Treas- B and C, and by vice consuls and vice commercial agents appointed to perform their duties, or by any

the Secretary

ury.

other persons in their behalf, must be accounted for to the Secretary of the Treasury, and held subject to

his draft or other direction.

tran

book to be fur

nished.

376. Every consular officer, in rendering his ac- Sworn count or report of fees received, to the Secretary of script of fee State, is required to furnish a full transcript of the register which he is required by law to keep, under oath or affirmation that the same is true and correct, and that the same contains a full and accurate statement of all fees received by him, or for his use, for his official services as such consular officer, to the best of his knowledge, during the period for which the same shall purport to be rendered.

377. This oath or affirmation may be taken before Oath, by whom any person having authority to administer oaths and to be adminisaffirmations at the port or place where such consular officer resides.

tered.

commission of

perjury.

378. It is also provided that if any consular officer Penalty for the shall wilfully and corruptly commit perjury in any such oath or affirmation, within the intent and meaning of any act of Congress now or hereafter made, he may be charged, proceeded against, tried, convicted, and dealt with 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 or affirmation, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offence.

in accordance

379. All consuls general, consuls, commercial Consular offiagents, and consular agents who are allowed for their cers appointed compensation the whole or any part of the fees which with section 4th they may collect pursuant to the provisions of the of the act of act, and all vice consuls and vice commercial agents August 18th to

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