When consular officers may not

SEC. 12. And be it further enacted, That no consular offiexercise diplo- cer shall exercise diplomatic functions, or hold any diplomatic functions. matic correspondence or relation on the part of the United States, in, with, or to the government or the country to which he shall be appointed, or any other country or government, when there shall be in such country any officer of the United States authorized to perform diplomatic functions therein, nor in any case, unless expressly authorized by the President so to do.

Bonds of con

SEC. 13. And be it further enacted, That every consul suls general, general, consul, and commercial agent, appointed before commercial and retained in office after this act shall take effect, shall,

consuls, and

agents.

Penal sum.

Conditions.

without unnecessary delay, and every such officer appointed after this act shall take effect, shall, before he receives his commission or enters upon the duties of his office, enter into a bond to the United States, with such sureties, who shall be permanent residents of the United States, as the Secretary of State shall approve, in a penal sum not less than one thousand nor more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faithful accounting for, paying over, and delivering up of all fees, moneys, goods, effects, books, records, papers, and other property which shall come to his hands, or to the hands of any other person to his use, as such consul general, consul, or commercial agent, under any law now or hereafter enacted; and for the true and faithful performance of all other duties now or hereafter lawfully imposed upon him as such consul general, consul, or commercial agent; and in the cases of consuls general, consuls, and commercial agents embraced in schedule B, such bond shall contain, by way of further condition, the stipulation required by Bonds to be de- the fifth section of this act; and all such bonds shall be posited with the deposited with the Secretary of the Treasury, and in no case shall the penalty of such bond be less than the annual compensation allowed to the officer entering into

Secretary of the
Treasury.

such bond; and the President shall be authorized to re- New bond may quire a new or additional bond from any such consul genbe required. eral, consul, or commercial agent, in like form and in such penalty, within the limits aforesaid, in amount, as e he shall prescribe, whenever, in his opinion, the public good shall require it.

define limits of consulates, &c.,

SEC. 14. And be it further enacted, That the President President may be, and he is hereby, authorized to define the extent of country to be embraced within any consulate or commer- and provide for cial agency, and to provide for the appointment of vice vice consuls, &c. consuls, vice commercial agents, deputy consuls, and conlar agents therein, in such manner and under such regu

ance of the prin

lations as he shall deem proper; but no compensation Their pay to be I shall be allowed for the services of any such vice consul out of the allowor vice commercial agent, beyond nor except out of the cipal consular allowance made by this act for the principal consular offi- officer. cer in whose place such appointment shall be made; and Mode of appointment no vice consul, vice commercial agent, deputy consul, or subordinate consular agent shall be appointed otherwise than in such consular manner and under such regulations as the President shall cers. prescribe, pursuant to the provisions of this act.

of

offi

mercial agents.

SEC. 15. And be it further enacted, That every vice con- Pay of vice consul and vice commercial agent shall be entitled, as com- suls and compensation for his services as such, to the whole or so much. of the compensation of the principal consular officer, in whose place he shall be appointed, as shall be determined by the President, and the residue, if any, shall be paid to such principal consular officer; and every consular agent Pay of consular shall be entitled, as compensation for his services, to such fees as he may collect in pursuance of the provisions of this act, or so much thereof as shall be determined by the

agents.

President; and the principal officer of the consulate or Residue of comcommercial agency within the limits of which such con- pensation. sular agent shall be appointed shall be entitled to the residue, if any, in addition to any other compensation

allowed him by this act for his services therein; and the President may President shall have power to subject any consul or com- interdict consul,

trading.

&c., or vice con- mercial agent contemplated by the fourth section of this sul, &c., from act, and any vice consul, vice commercial agent, deputy consul, or consular agent, to the prohibition as to trade Bond may be contained in the fifth section of this act, and to require required. from any of them such bond as is provided for by the thirteenth section of this act, whenever he shall think the public interests will be promoted thereby.

President may

for official ser

official services.

SEC. 16. And be it further enacted, That the President prescribe fees be, and he is hereby, authorized to prescribe, from time to vices, and des- time, the rates or tariffs of fees to be charged for official ignate what are services, and to designate what shall be regarded as official services, besides 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 legaTo report the tion, consulate, or commercial agency, and such rates or same annually tariffs shall be reported annually to Congress; and it to Congress. shall be the duty of all officers and persons connected with Prescribed fees such legations, consulates, or commercial agencies to colonly to be collect for such official services such and only such fees as may be prescribed for their respective legations, consuCollectors to lates, and commercial agencies; and it shall be the duty annex to clear of the collectors of the several districts, whenever any ances a copy of such tariff. clearance is granted to any ship or vessel of the United States, duly registered as such, and bound on any foreign voyage, to annex thereto, in every case, a copy of the rates or tariffs of fees which shall be allowed in pursuance Consuls, &c., to of the provisions of this act, and then in force; and it keep a copy in shall be the duty of all consular officers at all times to keep

lected.

their offices.

Receipts to be

up in their offices, respectively, a copy of such rates or tariffs as shall be in force, in a conspicuous place, and subject to the examination of all persons interested therein.

SEC. 17. And be it further enacted, That it shall be the given for fees. duty of all consular officers to give receipts for all fees which shall be collected for their official services respecOfficial services tively, expressing the particular services for which the to be specified. same were collected; and if any such consular officer shall

greater fees.

collect, or knowingly allow to be collected, for any such Penalty for colservice, any other or greater fees than such as shall be lecting other or allowed pursuant to the provisions of this act for such service, he shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same shall be paid, treble the amount of said unlawful charge so collected, as a penalty therefor, to be recovered by such person in any proper form of action, to and for the use of such person, besides costs of suit. And May be off-set to compensation. in any such case the Secretary of the Treasury is hereby authorized to retain, out of the compensation of such officer, the amount of such overcharge, and of such penalty, and charge the same to such officer in account, and thereupon to refund such unlawful charge, and pay such penalty to the person entitled to the same, if he shall think proper so to do.

Unlawful

charge may be refunded.

counted for.

SEC. 18. And be it further enacted, That all fees col- Fees to be aclected at any of the legations, or by the consuls general, consuls, and commercial agents mentioned in schedules B and C, and by vice consuls and vice commercial agents appointed to perform their duties, or by any other persons in their behalf, shall be accounted for to the Secretary of the Treasury, and held subject to his draft or other Subject to draft. directions. And all such consuls general, consuls, com- Returns to be mercial agents, and consular agents as are allowed for made of fees. their compensation the whole or any part of the fees. which they may collect pursuant to the provisions of this act, and all vice consuls and vice commercial agents appointed to perform the duties of said consuls general, consuls, and commercial agents as are allowed for their compensation the whole or any part of such fees as aforesaid, shall make returns of all such fees as they or any other persons in their behalf shall so collect, in such manner as the Secretary of State shall prescribe; and Fees to be reall such fees as shall be so collected, accounted for, and ported to Conreported shall be reported annually to Congress, with the report of the rates or tariffs of fees required by the seven

gress.

lect fees.

Consular list to teenth section of this act, with a full list of all consular be reported. officers; and if any consul general, consul, or commercial Penalty for omission to col. agent mentioned in schedules B and C, or any vice consul or vice commercial agent appointed to perform the duty of any such officer mentioned in said schedules B and C, shall omit to collect any fees which he shall be entitled to charge, pursuant to the provisions of this act, for any official service, he shall be liable to the United States therefor, as though he had collected the same, unless, upon good cause shown therefor, the Secretary of the Treasury shall think proper to remit the same; and every Receipts de- consular officer shall 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 Fee book; how January in every year thereafter; and he shall keep a to be kept.

Proviso.

scribed.

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 Names to be shall correspond with each other; and he shall, in such specified.

register, 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, and as shown by such register; Copy of receipts and it shall be the duty of all owners, agents, consignees, for fees to be masters, and commanders of ships and vessels to whom lector on return any receipt for fees shall be given by any consular officer, of vessels, to be to furnish a copy thereof to the collector of the district in forwarded to which such ships and vessels shall first arrive on their

delivered to col