Page:United States Statutes at Large Volume 18 Part 1.djvu/381

 '1`rrr.1: xvm.—·DIPLOMATIC AND CONSULAR OFFICERS.—Ch. 2-3 309 forever disqualified from holding any ofice of trust or profit under the United States. Sec. 1735. Whenever any consular officer willfully neglects or omits Ncslcct of dnty, to (perform seasonably any duty imposed upon him by law, or b any or er or instruction made or given in pursuance of law, or is guilty of 18 Aug., 1856, c. any willful malfeasance or abuse of power, or of any corrupt conduct in l?7» ¤· 32, V- IL P- his office, he shall be liable to all persons injured by any such neglect,   _1______ or omission., malfeasance, abuse, or corrupt conduct, for all damages Dainesez·.Ha1e. occasioned thereby; and for all such damages, he and his sureties upon 91 U- Sv 13- 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 persons injured. Such suit. however, shall in no case rejudice, but shal be held in entire subordination to the interests, chiims, and demands of the United States, as against any officer, under such bond, for every willful act of malfeasance or corrupt conduct in his ofliee. Sec. 1736. If any consul or commercial agent neglects or omits to per- Neglect ci duty form, seasonably. tbe duties imposed upon him by the laws regulating *0 ¤€¤¤¤¤¤¤ <‘¤¤‘~ the shipment and discharge of seamen, and the reclamation of deserters mm °°“d“°°‘ on board or from vessels in foreign ports. or is guilty of any malversa- 20 July, 1840. c. tion or abuse of power, he shall be liable to any injured person for all ‘*8»·’· 18·V·5»P 397 damage occasioned thereby; and for all malversation and corrupt conduct in office, he shall be punishable by imprisonment for not more than five *ears and not less than one, and by a fine of not more than ten thousand) dollars and not less than one thousand. [see 5 nec.] Sec. 1737. lf any consul, vice—consul, commercial agent, or vice-com- False certificate mercial agent false y and knowingly certifies that roperty belonging to °f P"°P°"*Y· foreigners is property belonging to citizens of the United States, heshall 28- Feb., 1803, c. be punishable by imprisonment for not more than three years and by a 9, ¤· 7»v· 2, p· 204. iine of not more than ten thousand dollars. Sec. 1738. No consular officer shall exercise diplomatic functions. or When consular hold any diplomatic correspondence or relation on the part of the United ?“l°""" d'?"}!' States, in, with, or to the government or countr to which he is ap- fsgclgonsip mm " pointed, or any other country or government, when there is in such —————— country any officer of the United States authorized to perform di lo- ,2i8s‘§ggy}F56ggmatic functions therein;_ nor in any case, unless expressly authorized) by ’’’p' ' the President so to do. [Su $585-] Srzc. 1739. For such time as any consular officer shall be authorized Compensationci to perform diplomatic functions, in the absence of the regular diplomatic °°r’;°“ l." gllssf officer in the country to which he shall be appointed, he shall be entitled, gfatarwllsgiogg °` in addition to his compensation as such consular officer, to receive com- —~%-*4 nsation for his services while so authorized, at the rate which would 12},8 Q;’8··1§865pghg allowed for a secretary of legation in such country. ’°' ’v‘ ’p‘ ‘ CHAPTER THREE. PROVISIONS OOIION T0 DIPLOIATIC AND CONSULAR. OFFICERS. sec. · sec. 1740. Term duringwhich salaryispayable. l 1748. Expenses of legations, consulates, 1741. Absence. dsc. _ 1742. Salary in case of absence. 1749. Allowance to widow of consular odi- 1743. Extra compensation prohibited. cer deceased in a foreign country. 1744. Compensation to citizens only. l 1750. Qeposmons. 1745. President to regulate fees. l 1751. bertain correspondence by officers 1746. Fees to be collected in coin. prohibited. 1747. Officers to account for fees. , 1752. Regulations. Sec. 1740. No ambassador, envoy extraordinary, minister plenipoten- 'lferm during tiary, minister resident, commissioner, charge ’ai1'a1res, secretary of Wh*:£lc¤¤l¤*Y ¤¤ legation, assistant secretary of legation, interpreter to any legation or p.3L;___ consulate, or consul- neral, consul, or commercial agent, mentioned in 18 Aug., 1856, c. Schedules B and C, $11 be entitled to compensation for his services, 127·'·8·"·U»P·55· except from the time when he reaches his post and enters upon his ofhcial duties to the time when he ceases to hold such office, and for such time as is actually and necessarily occupied in receiving his instructions,