sent by salaried consular ury Depart Transcript of book must be transmitted quarterly, by salaried confee book to be sular officers, to the Treasury Department, duly ceroffi- tified under the seal of the consulate or commercial cers to Treas- agency, as required by the eighteenth section of the ment; by other act above mentioned, of said officers specified in consular offi- schedules B and C. All other consular officers will cers to Depart- send a transcript of their respective fee books with their quarterly returns, but with a separate despatch, to the Department of State. ment of State. Transcript to oath. 454. It is provided by the same section of the act be certified by that every consular officer, in rendering his account or report of fees received, shall furnish a full transcript of the register which he is hereby required 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. Such oath or affirmation may be taken before any person having authority to administer oaths and affirmations at the port or place where such consular officer resides. Penalty for per jury. 455. It is provided also that if any consular officer 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 and convicted, and dealt with in the same manner, in all respects, as if the offence had been committed in the United States before any officer duly authorized therein to administer or take an 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. mination of 456. Consuls general, consuls, and commercial Commenceagents, are entitled to compensation for their official ment and terservices, from the time when they reach their posts consular comand enter upon the discharge of their duties, to the pensation. time when they severally cease to hold their offices; and also for such time as shall actually and necessarily be occupied in receiving their instructions and making the transit between their places of residence at the time of appointment and their several posts of duty, at the commencement and termination of the period of their official services, except in case of resignation or recall for any malfeasance in office. 457. If a consular officer enters upon his duties in Accounts and a quarter partly expired, his first account should be drafts to be made quarterly. made up to the close of such quarter; each quarter ending by law on the 31st March, 30th June, 30th September, and 31st December, respectively. Afterwards, the accounts must be rendered quarterly, until the termination of the service. The drafts for salary must be made quarterly, corresponding to the quarters of the fiscal year; drafts for a fraction of a quarter are not to be made, except for such fraction as may intervene between the commencement of the salary and the close of the current quarter of the fiscal year, and for the period between the commencement of a quarter and the termination of their office. The outgoing consular officer, if present, and the incoming one should jointly certify the date on which the latter enters on the duties of his office. in cases of ab 458. It is provided by section nineteen of the Compensation, act, that no consular officer or consular agent shall when allowed be absent from his post or the performance of his duties for a longer period than ten days at any one time, without the permission previously obtained of sence. Forms and cer company con the President. And no compensation will be allowed for the time of any such absence in any case, except in cases of sickness and where the absence is permitted or sanctioned by the President.1 In such cases, a certificate of the fact must accompany the account, which certificate must be signed by the attending physician, as well as the consular officer. 459. Each account and draft must, therefore, be tificates to ac- accompanied with a certificate stating the fact in sular accounts. regard to absence as it exists. A form, (No. 33,) according to which the accounts of consuls and commercial agents for salaries should be stated, and also forms (No. 34, No. 35, and No. 36,) of the several descriptions of official certificates required to accompany consular accounts, are annexed to these Instructions. Forms and in observed. Application of of salaries. 460. Consuls are especially instructed to observe carefully these forms and instructions in regard to their accounts, in order that all possible facilities may be afforded for the adjustment of the same, and the payment of their salaries under the act, without the dishonor of their drafts. 461. As many of the United States consular offifees to payment cers are stationed at places so remote from the United States that much time must elapse in making remittances to and from the Treasury Department, and much risk be incurred, as well as loss by exchange, consuls and commercial agents are instructed to retain (of the fees which they are required to charge for certain services, and account for at the expiration of every three months) such moneys as they may receive for their official services, as prescribed by the President, and apply the amount thus received during 1 Opinion of Attorney General, September 21, 1857. MS. the quarter, at the end of the same quarter, towards the payment of their salaries, if less than the full amount thereof; if equal to their salaries, respectively, then to the extinguishment of the same. Should there be a surplus, the excess is to be held subject to the draft or order of the Secretary of the Treasury. 462. When the amount received by any consular Drafts for salofficer on account of fees during the quarter, shall ary. be less than his salary for such quarter, he may draw on the Secretary of the Treasury for the difference, at fifteen days' sight. It must be stated on the face of the draft that it is for the residue of salary, designating the quarter in which the deficiency occurred for which it is drawn. The account of the receipts of the consular officer during the same quarter must precede the draft, so that it may be received and adjusted by the accounting officers, prior to the presentation of the draft. All consular officers are explicitly instructed that their drafts on account of their salaries cannot be honored unless drawn in the manner stated in these instructions, and accompanied with the official statements and certificates herein pointed out. 13 CHAPTER XXIII. intercourse OFFICIAL INTERCOURSE OF UNITED STATES CONSULAR OFFICERS WITH OFFICERS OF THE NAVY Regulations re- 463. To promote harmony and concert of action specting official between the commanders of ships of war and conwith navy offi- sular officers of the United States residing in foreign ports, the following regulations have been established, by direction of the President of the United States, and are promulgated for the government of the officers concerned: cers. Visit of a con 1. Upon entering a foreign port where a consular officer of the United States of a lower rank than a consul general resides, the commander of a United States ship of war will send a boat on shore with an officer on board, who shall visit the consul, and tender to him a passage to the ship; 2. Where a consul general resides, it is the duty of the commander of an American ship of war (commanders of squadrons excepted) to visit the consul general, and offer him a passage to the ship; 3. The commander of a squadron will send a boat on shore, as prescribed in the first regulation, tendering to the consular officer a passage on board to the flag ship of war. 464. According to the first regulation, a consular sular officer to officer of the United States residing at a foreign port which is visited by a ship of war of the United States, is to receive the first visit from such ship, in the per- . a United States vessel. |