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may be restricted from trade..

issue of exequatur

existence of convention

Consuls' relations to Diplomatic Representatives.

DEPARTMENT OF STATE. (See SECRETARY OF STATE.)
DEPOSIT OF SHIP'S PAPERS. (See SHIP'S PAPERS.)
DEPOSITIONS:

right to take secured by treaty with certain countries..
Consuls have power to take.

DEPUTY CONSULS:

definition and duties of

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entitled to no compensation from the Government.
comparative rank.

DEPUTY CONSULS-GENERAL:

33

308, 309, 852, 895

11, 819

13

13

62

19, 840

19

20

53-56

62

290, 294
845

functions cease if not renominated in ninety days.
new nomination operates to relieve

13

13

how appointed and amount of bond

19, 840

nomination to be approved by Minister or Consul-General,
and reasons for the nomination and the character of the
nominee to be stated..

19

when may enter on duty

19

DESCRIPTIVE LISTS:

are to be sent with invoices from an inland Consulate to the
Consul at port of shipment...

489

DESERTERS FROM VESSELS:

in what countries Consuls have the right to reclaim..
a destitute deserter may be entitled to relief.

35

156

desertion defined; Consul to take care that it is not connived at
by master..

200-201

punishment for desertion

Consul no right to claim a deserter except by treaty. Some-
times allowed by comity.

202

.1016, 1090

date of desertion to be noted on crew-list and reported to Con-
sul, and authenticated

203

Consul may arrest, if treaty permits; treaty to be followed in
asking local aid. (Form 34)

205

if aid is denied, Minister and Department are to be advised
if desertion is caused by cruel treatment, Consul may dis-
charge seaman with three months' extra wages
cause of discharge to be noted on crew-list and articles
Consul to act discreetly when a discharge is asked for cruel
treatment.

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Paragraphs.

DESTINATION, PORT OF:

must be stated in consular declaration

467

one copy of the invoice must be sent to collector at..

486

DESTITUTE SEAMEN:

to be taken on board before Consul delivers ship's papers to
master...

123

American, defined

128

Consul to deduct expenses of relief and pay only residue of
extra wages to...

152

kind of lodgings..

158

subsistence; usual to contract for..

159

clothing; on shipment of seamen to an intermediate port, the
quantity and kind of clothing furnished should be reported
to the Consular Officer at such port

medicines and medical attendance should be provided at a hos-
pital if practicable.

if private treatment is had the reasons should be stated..
when a seaman is entitled to relief.

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what is comprised in r lief, and how furnished.

157

Consul to send to the United States as early as possible..
terms on which they are so sent..

163, 1072

163

list of, to be kept

853

Consul may contract for passage with masters of foreign ves-
sels

if more than two to every one hundred tons are sent, Consul
to certify that no other American vessels were in port.
(Form 25).

165, 166

167

if detained unreasonably long at a Consulate, causes must be
explained; if sick, Form 26 necessary.

168

.169

Consul may send to an intermediate port; how done, and mode
of payment..

Comptroller of the Treasury may allow more than $10 for pass-
age of seamen from places where there is no Consular Officer
passage-money is paid at the Treasury; certificate (Form 24)
to be sent to Fifth Auditor...
law providing for relief..

DIPLOMATIC FUNCTIONS:

when performing, Consuls may receive pay of a Secretary of
Legation in addition to their own compensation..
Consular Officers cannot exercise, unless, &c

DIPLOMATIC REPRESENTATIVES:

170

171

1071

to approve nominations for subordinate officers
general relations to Consuls.

where there is a Consul-General, Consuls correspond with Min-
ister through him

to approve requests for leaves of absence and for nominations
for Consular Agents in certain countries

have general supervision over Consulates.

to correspond with Consuls on subjects of public interest
have authority to fill vacancies temporarily.

Consuls performing diplomatic functions may receive pay of
Secretary of Legation in addition to their own compensation
consular commissions sent to them in order to obtain exequaturs
may issue passports

to satisfy themselves of the identity and citizenship of appli-
cants for passports....

64, 884

883

19

40-49

42

45

46

48

49

64, 884

20, 68

103

104

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not to issue certificates of citizenship to residents unless pre-
scribed by local law, but passports only

109

DIPLOMATIC REPRESENTATIVES-Continued.

Paragraphs.

caution to be excrcised in granting such certificates
when granting passports to be satisfied that right to citizenship
has not been forfeited or duties evaded; reasons therefor...
Consul to advise, if treaties not complied with respecting dis
putes between masters, officers, and crews...
pay of, when holding additional office..

uniform forbidden unless authorized by Congress..

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court regulations prescribed by, under act of June 22, 1860, are
limited to certain objects; but they have power to correct
defects
431, 432, 951, 977, 978

432
432, 435, 966

Consuls are to report defects in forms of proceedings..
list of associates for trials must be approved by
in capital cases the judgment of the Consular Court must be ap-
proved by the Minister in order to conviction

APPEALS TO:

in criminal cases, the Consul sitting alone, where the fine ex-
ceeds $100 and imprisonment ninety days..

436

445

if associates sit with Consul (in cases not capital) appeal lies
only on disagreement

446

in civil cases arising before July 1, 1870, appeal lies only when
associates sit and there is disagreement.

447

arising after July 1, 1870, appeals lie in China and Japan in
cases between $500 and $2,500

448

judgments of Ministers may be appealed to circuit court of
California

449

DISCHARGE OF SEAMEN:

on sale or transfer of vessel abroad, hospital duty to be col-
lected

American seamen defined.

master to return or account for all seamen shipped in the
United States.

under what circumstances seamen may be discharged..

Consul to examine complaints of seamen...

certificate of discharge to be attached to crew-list and shipping-
articles, and to be given to seaman

wages and extra wages to be paid before ship's papers are de-
livered to master...

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Consul may discharge, if inspectors find vessel unsuitably pro-
vided, and collect wages and extra wages

139

but not, if bad condition results from accident or mistake, and
is remedied by master

141

if not remedied Consul may discharge crew with wages and
one month's extra wages.

Consul not to discharge seaman for slight offense on applica-
tion of master

142

..144, 145, 146

cases when three months' extra wages are to be demand-
ed..

Consul to collect arrears of wages.

139, 148, 149, 151, 207
150

proportion of extra wages belonging to United States and to

seaman

151, 1075, 1078

if vessel is condemned by inspectors all extra wages belong to

seaman

on shipment Consul to deduct expenses and to pay over only
residue of extra wages

151

when no rate of wages is stated Consul to exact the highest
wages, and in whalers $15 per month.

when shipped at a nominal rate Consul to see that no fraud is
committed as to wages on discharge

152, 1075

153

153, 154

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Consul may discharge, with extra wages, if desertion is caused
by cruel treatment.

207

Consul to act discreetly when a discharge is asked for cruel
treatment

208

if discharged before beginning the voyage certain wages are
due

to be discharged before shipping-commissioner.

1021
1043

master to render account of wages and to give certificate of
discharge..

1044-1045

rules for the settlement of wages on discharge

1046

master to give a statement of the conduct, qualifications, &c.,
of seamen

may be discharged before a Consular Officer
form of certificate of discharge

DISCOVERIES, INVENTIONS, &c. :

Consuls to report information respecting..

DISPUTES BETWEEN MASTERS, OFFICERS, AND CREWS:
Consuls have exclusive jurisdiction in certain countries.
between United States citizens, Consul's jurisdiction exclusive

in certain countries.

joint jurisdiction also..

Consul has only permissory jurisdiction unless conferred by
treaty; more extended in Oriental countries.

1047

1070

1106

283-285

34

39

39

172-174

may extend to torts, contracts, or wages, as fixed by treaty.
extends also to criminal offenses in certain countries.
manner of Consul's proceedings and costs..

175

176

177-183

where the dispute respects wages the principles which govern
are defined by statute..

184

when authorized by treaty Consul may ask local aid to im-
prison crew and keep order.

194-195

such aid not to be asked unless absolutely necessary. Forms
31, 32, and 34 to be used

course of Consul when aid is asked and denied

197, 205
198, 206

all trials of disputes and requests for aid to be reported to
Department

199

Consul may discharge with extra wages in cases of cruel treat-
ment

207

Consul to act discreetly when a discharge is asked for cruel
treatment

208

in the United States to be settled before a shipping-commis-
sioner

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all salary drafts should be drawn on the Secretary of the
Treasury

differences between fees and salaries, drafts for, are to be made

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DRAFTS-Continued.

Paragraphs.

376

1108

66,342

foreign money, rates of. (Form 148).

refusal of Consul to pay Treasury, penalty for
prohibited to feed Consuls for office-rent and clerk-hire.

DRAWBACK. (See DEBENTURE CERTIFICATES.)
DUPLICATES:

of original papers in a Consulate are to be certified at the
schedule-fee

DUTIES, PERFORMANCE OF DIPLOMATIC. (See DIPLOMATIC
FUNCTIONS.)

ECUADOR:

E.

491

consular archives inviolable

consular exemption from taxation
consular right to claim deserters..
recognition of Consular Officers.
issue of exequatur

future negotiation of consular treaty..

most favored nation clause, its explanation
Consuls' relation to Diplomatic Representatives

EFFECTS OF CITIZENS DYING ABROAD:

countries with which treaties exist as to...

funds of intestates to be sent to Treasury by outgoing Consul.
Consuls have no jurisdiction except by permission or treaty
and not over partnership property until, &c

to be taken possession of by Consul, and perishable part to be
sold, or to pay debts..

general proceedings.

25, 598
29,598

35, 599

596

597

600

601

46

37

73

249

250, 854

.854, 855, 856

proceedings where deceased left a will.

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251, 856

251

252-253
254

Consul to publish death and inform Department.

these instructions concern cases where full jurisdiction is al-
lowed.

proceedings in case of the death of a seaman or apprentice
abroad

Consul to make inventory and appraisement with two respect-

able residents, and to record it.

255

256-258, 1032-1034

259, 855

-260, 261, 854

debts due deceased to be noted in the inventory

261

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remainder of estate to be sent to Treasury unless legal repre-

264
265, 854

sentative appear.

267

Consul to keep a debit and credit account of effects.

268-269

Consul to report to Department the settlement and remainder
of estate.

270,854

when several representatives appear, Consul's course
Consul to deliver to representative at any stage of proceedings
in case of a will, Consul may insist on its being proved.
where Consul's jurisdiction is doubtful, he should confine him-
self to the custody of the effects..

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requests for leave of absence and for appointment of Consular

Agents, to be approved by Consul-General

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