Page:United States Statutes at Large Volume 11.djvu/84

 64 THIRTY-FOURTH CONGRESS. Sess. I. Ch. 127. 1856. in the coin of the United States, or at its representative value in cxchange. _ Construction of Sec. 31. And be it further enacted, That in the construction, and for f<>rr¤<=r¤¤*·*¤b<>¤* the purposes, of all other acts and parts of acts which shall remain in °°°S°m °m°m' force after this act shall take effect, defining any of the powers, declaring any of the rights, prescribing any of the duties, or imposing any penalty or punishment for any act of omission or commission of any consul, commercial agent, vice consul, or vice commercial agent, or allowing or enjoining the performance of any act, matter, or thing, with or before any such officer, all such acts and parts of acts shall in all these several respects, so far as may be consistent with the subject-matter and context of the same and with this act and the treaties of the United States, be deemed and taken to include and apply to all consular officers as though all such officers were specially named therein; and the said official designations in contemplation of all such acts and parts of acts, and of this Meaning of act, shall be deemed and taken to have the respective meanings hereintitles ofconsular after assigned to them-—tl1at is to say, " consul gencra1," " consul," and °m°°”· " commercial agent," shall be deemed and taken to denote full, principal, and permanent " consular ofIicers," as distinguished from subordinates and substitutes; " deputy consul " and " consular agent" shall be deemed and taken to denote " consular oiHcers" subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively ; and " vice consuls " and " vice commercial agents ” shall be deemed and taken to denote " consular who shall be substituted, temporarily, to fill the places of " consuls general," “ consuls," or " commercial agents," when they shall be temporarily absent or relieved from duty; and the term " consular 0iiicer," as used in this act, shall be deemed and taken to include all such officers as are mentioned in this section, and none others; andthe term "diplomatic 0Hicer," as used in this act, shall be deemed and taken to include all the officers mentioned in the first section of this act, and none others. Penalties on Sec. 32. And be it further enacted, That if any consular officer shall neglect of duty_ him by this or any other act, or by any order or instruction made or given in pursuance of this or any other act, or shall be guilty of any wilful malteasanee or abuse of power, or any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect, or omission, malfeasance, abuse, or corrupt conduct, for all damages occasioned thereby; and for all such damages by any such officer, he, and his sureties upon his official bond, shall be responsible thereon to the full amount of the penalty thereof, to be sued in the name of the United States for the use of the person or persons so injured; Provided, That such suit shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against such officer, under such bond, for every wilful act of malfeasance or corrupt conduct in his office; and if any such officer shall refuse to pay any draft, order, or yvarrant which may be drawn upon him by the proper officer of the 1`reasury Department for any public moneys of the United States in his hands, or for any amount due from him to the United States, whatever the capacity in which he may have received or may hold the same, or to transfer or disburse any such moneys promptly upon the legal requirement of any authorized officer of the United States, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment not to exceed ten years nor less than one year, or by fine not to exceed two thousand dollars nor less than two hundred dollars, or both, at the discretion of the court; and any such officcr so offending, may be charged, proceeded against, tried, convicted,
 * .";“$3il§;t?§l°°; vvilfully neglect or omit to perform semonably any duty imposed upon