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subject, however, in all other respects, to the regulations, restrictions, penalties and provisions established by an act passed the second of March, in the year one thousand seven hundred and ninety-nine, entitled “ An act to regulate the collection of duties on imports and tons nage."
10. Sect. II. Every inspector or other officer of the customs, while performing duty on board any such vessel, elsewhere than in the port to which such officer may properly belong, shall be entitled to receive from the master, or commander thereof, such provisions and other accommodations (free from expense) as are usually supplied to passengers, or as the state and condition of the vessel will admit.
11. Sect. III. If by reason of the delivery of any cargo of salt, in manner aforesaid, more than fifteen working days (computing from the date of entry) shall, in the whole, be spent therein, the wages or compensation of such inspector, or other officer of the customs who may be employed on board any vessel, in respect to which such term may be So exceeded, shall, for every day of such excess, be paid by master or owner; and until paid, it shall not be lawful for the collector to grant a clearance, or to permit such vessel to depart from the district.
[See Duties. Duties, collection of. Şeamen. Ships or Vesselsa]
ACT of April 14, 1792. (Vol. II. p. 56.) Sect. I. relates to the consular condention between the united states and France, which is dissolved. See Appendix, p. 74, (note.)
1. Sect. II, For the direction of the consuls and vice consuls of the united states in certain cases, it is enacted, that they shall hare right in the ports or places to which they are or may be severally appointed of receive ing the protests or declarations, which sach captains, masters, crews, passengers and merchants, as are citizens of the united states may respectively choose to make there; and also such as any foreigner may choose to make before thein relative to the personal interest of any citizens ofthe united states; and the copies of the said acts duly alla thenticated by the said consuls or vice consuls, under the seal of their consulates, respectively, shall receive faith in law, equally as their
originals would in all courts in the United States. It shall be their duty where the laws of the country permit, to take possession of the personal estate left by any citizen of the united states, other than seamen belonging to any ship or vessel who shall die within their consulate ; leaving there no legal representative, partner in trade or trustee by him appointed to take care of his effects ; they shall inventory the same with the assistance of two merchants of the united states, or for want of them, of any others at their choice ; shall collect the debts due to the deceased in the country where he died, and pay the debts due from his estate which he shall have there contracted ; shall sell at auc. tion after reasonable public notice such part of the estate as shall be of a perishable nature and such further part, if any, as shall be necessary for the payment of his debts, and at the expiration of one year from his decease, the residue; and the balance of the estate they shall transmit to the treasury of the united states, to be holden in trust for the legal claimants. But if at any time before such transmission, the legal representative ofthe deceased shall appear and demand his effects in their hands, they shall deliver them up, being paid their fees, and shall cease their proceedings.
2. For the information of the representative of the deceased, it shall be the duty of the consul or vice consul authorized to proceed as aforesaid in the settlement of his estate, immediately to notify his death in one of the gazettes published in the consulate, and also to the secrctary of state, that the same may be notified in the state to which the deceased shall belong; and he shall also, as soon as inay be, transmit to the secretary of state, an inventory of the effects of the deceased taken as before direcied.
3. SECT. III. The said consuls and vice consuls, in cases where, ships or vessels of the united states shall be stranded on the coasts of their consulates respectively, shall, as far as the laws of the country wili permit, take proper measures, as well for the purpose of saving the said ships or vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved, and for taking an inventory or inventories thereof; and the merchandise and effects saved with the inventory or inventories thereof taken as aforesaid, shall, after deducting therefrom the expense, be delivered to the owner or owners. Provide.l, That no consul or vice consul shall have authority to take pos. session of any such goods, wares, merchandise or other property, when the master, owner or consignee thereof is present or capable of taking possession of the same.
4. SECT. IV. It shall and may be lawful for every consul and vice consul of the united states, to take and receive the following fees of office for the services which he shall have performed :
For authenticating under the consular seal, every protest, declaration, depositio!, or other act, which such captains, masters, mariners, seamen, passengers, merchants or others as are citizens of the linited states may respectively choose to make, the sum of two dollars.
For the taking into possession, inventorying, selling and finally settling and paying, or transmitting as aforesaid, the balance due on the
personal estate left by any citizen of the united states who shall die within the limits of his consulate, five per centum on the gross amount of such estate.
For taking into possession and otherwise proceeding on any such estate which shall be delivered over to the legal representative before a final settlement of the same, as is herein before directed, two and an half per centum on such part delivered over as shall not be in money, and five per centum on the gross amount of the residue.
And it shall be the duty of the consuls and vice consuls of the united states, to give receipts for all fees which they shall receive by virtue of this act, expressing the particular services for which they are paid.
5. Sect. V. In case it be found necessary for the interest of the united states, that a consul or consuls be appointed to reside on the coast of Barbary,the president shall be authorized to allow an annual salary, not exceeding two thousand dollars to each person so to be appointed: Provided, That such salary be not allowed to more than one consul for any one of the states on the said coast. [See postea 10.]
6. SECT. VI. Every consul and vice consul shall, before they enter on the execution of their trust, or if already in the execution of the same, within one year from the passing of this act, or if resident in . Asia, within two years, give bond with such sureties as shall be approved by the secretary of state, in a sum of not less than two thousand nor more than ten thousand dollars, conditioned for the true and faithful discharge of the duties of his office according to law, and also for truly accounting for all monies, goods and effects which may come into his possession by virtue of this act: And the said bond shall be lodged in the office of the secretary of the treasury.
7. Sect. VII. To prevent the mariners and seamen, employed in vessels belonging to citizens of the united states, in cases of siipwreck, sickness or captivity, from suffering in foreign ports, it shall be the duty of the consuls and vice constils respectively, from time to time to provide for them in the most reasonable manner, at the expense of the united states, subject to such instruēlions as the secretary of state shall give, and not exceeding an allowance of twelve cents to a man per ciem ; and all masters and commanders of vessels belonging to citizens of the united states, and bound to some port of the same, are hereby required and enjoined to take such mariners or seamen on board of their ships or vessels, at the request of the said consuls or vice consuls respectively, and to transport them to the port, in the united'states to which such ships or vessels may be bound, free of costs or charge; but the said mariners or seamen shall, if able, be bound to do duty on board such ships or vessels according to their several abilities: Provided, That no master or captain of any ship or vessel, shall be obliged to take a greater number than two men to every one hundred tons burthen of the said ship or vessel, on any che voyage : And if any such captain or master shall refuse the same on the request or order of the consul or vice consul, such captain or master shall forfcit and pay the sum of thirty dollars for each mariner or seaman so refused, to be recovered for the benefit of the united states by the said consul or vice consul in his own name, in any court of competent jurisdiction,
8. Sect. VIII. Where a ship or vessel belonging to citizens of the united states is sold in a foreign port or place, the master, unless the crew are liable by their contract or do consent to be discharged there, shall send them back to the state where they entered on board, or furpish them with means sufficient for their return, to be ascertained by the consul or vice consul of the united states, having jurisdiction of the port or place. And in case of the master's refusal, the said consul or vice consul may (if the laws of the land permit it) cause his ship, goods and person to be arrested and held until he shall comply with his duty herein.
9. Sect. IX. The specification of certain powers and duties, in this act, to bę exercised or performed by the consuls and vice consuls of the united states, shall not be construed to the exclusion of others resulting from the nature of their appointments, or any treaty or convention under which they may act.
ACT of July 6, 1797. (Vol. IV. p. 36.) 10. In case it be found necessary, for the interest of the united states that a consul be appointed to reside at Algiers ; the president shall be authorized to allow him an annual salary not exceeding four thousand dollars. (See antea 5,]
ACT of May 10, 1800. (Vol. V. p. 187.) 11. Sect. I, Exclusive of an outfit which shall in no case exceed the amount of one year's full salary to any minister pienipotentiary or charge des affaires, to whom the same may be allowed, the president of the united states shall not allow to any minister plenipotentiary a greater sum than at the rate of nine thousand dollars per annum, as a compen. sation for all his personal services and expenses : Nor a greater sum for the same than four thousand five hundred dollars per annum to a charge des affaires : Nor a greater sum for the same than one thousand three hundred and fifty dollars per annum to the secretary of any minister plenipotentiary,
12. SECT. II. Where any sum or sums of money shall be drawn from the treasury, under any law making appropriation for the contingent expenses of intercourse between the united states and foreign nations, the president shall be and he hereby is authorized to cause the same to be duly settled annually, with the accounting officers of the treas eury ip manner following, that is lo say, by causing the same to be acfounted for specially in all instances wherein the expenditure thereof may in his judgment be made public, and by making a certificate of the amount of such expenditures as he may think it advisable not to specify, and every such certificate shall be deemed a sufficient voucher for the sum or sums therein expressed to have been expended.
See Dilties, collection of, 81.)
ACT of July 5, 1790. (Vol. I. p. 131.) 1. It shall be lawful for the president of the united states, and he is hereby authorised to cause to be purchased for the use of the united states, the whole or such part of that tract of land situate in the state of New-York, commonly called West-Point, as shall be by him judged. requisite, for the purpose of such fortifications and garrisons as may be necessary for the defence of the same.
ACT of March 20, 1794. (Vol. III. p. 18.) 2. Sect. I. The following ports and harbors shall be fortified under the direction of the president of the united states, and at such time or times as he may judge necessary, to wit: Portland in the district of Maine ; Portsmouth in the state of New-Hampshire, Gloucester, Salem, Marblehead and Boston, in the state of Massachusetts ; Newport in the state of Rhode Island ; New-London in the state of Connecticut ; New-York; Philadelphia ; Wilmington, in the state of Delaware ; Baltimore, in the state of Maryland ; Norfolk and Alexandria, in the state of Virginia; Cape-Fear river and Ocracock iniet in the state of North-Carolina ; Charleston and Georgetown, in the state of South-Carolina ; and Savannah and Saint Mary's in the state of Georgia.
3. Sect. II. It shall be lawful for the president of the united states, to employ, as garrisons in the said fortifications, or any of them, such of the troops on the military establishment of the united states, as he inay judge necessary; and to cause to be provided one hundred cannon, of a caliber each to carry a ball of thirty-two pounds weight, and one hundred other cannon, of a caliber each to carry a ball of twentyfour pounds weight, together with the carriages and implements necessary for the same, and carriages with the necessary implements for one hundred and fifty other cannon, with two hundred and fifty tons of cannon-shot.
4. Sect. III. It shall be lawful for the president of the united states to receive from any state (in behalf of the united states) a cession of the lands, on which any of the fortifications aforesaid, with the necessary buildings, may be erected, or intended to be erected; or where such cessions shall not be made, to purchase such lands, on behalf of the united states : Provided, That no purchase shall be made, where such lands are the property of a state.