retary of State.

make return of appointed to perform the duties of said consuls genfees to the Sec-eral, consuls, and commercial agents, who are allowed for their compensation the whole or any part of such fees as aforesaid, are required to make returns to the Secretary of State of all such fees as they, or any other persons in their behalf, shall so collect. And Fees to be an- all such fees as shall be so collected, accounted for, nually reported and reported, are to be reported annually to Con

to Congress.

Penalty for collecting unlawful fees.

Unlawful charges to be refunded.

Penalty for the

lect fees.

gress.

380. It is provided also that if any consular officer shall collect, or knowingly allow to be collected, for any official service, any other or greater fees than such as shall be allowed pursuant to the provisions of the said act for such services, 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 have been 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.

381. In any such case the Secretary of the Treasury is authorized to retain out of the compensation of such officer the amount of the overcharge and penalty, and charge the same to the officer in account, and thereupon to refund the unlawful charge and pay the penalty to the person entitled to the same, if he shall think proper so to do.

382. It is further provided, that if any consul omission to col- general, consul, or commercial 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, shall omit to collect any fees which he shall be entitled to charge pur

suant to the provisions of the act for any official service, he shall be liable to the United States therefor, as though he had collected the same, unless for sufficient reason the Secretary of the Treasury shall think proper to remit the same.

American ship

consular services; payment

383. By the same act it is made the duty of every Application to master and commander of a ship or vessel of the be made by United States, whenever he shall have occasion for masters for the any consular or other official service which any con- performance of sular officer of the United States shall be authorized by law or usage officially to perform, and for which of fees reany fees shall be allowed by the said rates or tariffs quired. of fees as aforesaid, to apply to such one of the said officers to perform the service as may then be officially in charge of the consulate or commercial agency, if any there be where such service shall be required; and the master or commander shall pay to the consular officer such fees as shall be allowed for the service by the provisions of the act.

shipmasters to

384. If any master or commander of an American Penalty for the vessel omits to make such application, he is liable to omission of the United States for the amount of fees lawfully obtain consular chargeable for such services, as though the said ser- services. vices had been performed by a consular officer.

for fees to be

385. It is made the duty of all owners, agents, Copies of conconsignees, masters, and commanders of ships and sular receipts vessels, to whom any receipt for fees shall be given furnished to by any consular officer, to furnish a copy thereof to collectors. the collector of the district in which such ships and vessels shall first arrive on their return to the United States. These receipts, or copies thereof, are to be transmitted by the said collector to the Secretary of the Treasury for the information of the accounting officers in the adjustment of consular accounts.

voices to be fur

Statement of 386. It is the duty of every collector also to forcertified in ward to the Secretary of the Treasury a statement of nished to Sec- all certified invoices which shall come to his office, retary of the giving the dates of the certificates and the names of the persons for whom and of the consular officers by whom the same were certified; a comparison of the consular accounts with the receipts and statements thus furnished will be made by the accounting officers.

Treasury.

Ships' papers to

consular offi

387. All consular officers are authorized and re

be retained by quired to retain in their possession all the papers of cers till pay ships and vessels of the United States which shall be ment of fees. deposited with them as directed by law, till payment be made of all demands and wages on account of such ships and vessels.1

Copy of consu

conspicuously

sulates.

388. All consular officers are required at all times lar tariff to be to keep in their offices a copy of such rates or tariffs posted in con- as shall be in force, in a conspicuous place, and subject to the examination of all persons interested therein. 389. It is also the duty of the collectors of the to be annexed several districts, whenever any clearance is granted every ship's to any ship or vessel of the United States, duly regisclearance. tered as such and bound on any foreign voyage, to

Consular tariff

by collectors to

annex thereto in every case a copy of the rates or

tariffs of fees which are allowed in pursuance of the provisions of the above-mentioned act.

Requirements 390. Consular officers are required to give careful of law to be heed to the faithful observance of these enactments;

served.

faithfully ob- and, in connection with the requirements of law and Reference to the instructions upon this subject, they will give especonsular tariff. cial attention to the tariff of fees prescribed by the President.

1 Statutes at Large, vol. xii. p. 63.

CHAPTER XXI.

RECORD BOOKS AND ARCHIVES OF THE CONSULAR OFFICE.

391. THE following record books are to be kept at Record books all inland consulates of the United States :

at inland con

sulates.

A despatch book, into which are to be copied all Despatch book. official communications written by the consular officer

to the Department of State.

A letter book, into which are to be copied all other Letter book. official communications written by the consular officer.

A fee book, in which the consular officer shall regis- Fee book. ter all fees received by him in the order in which they shall be received, specifying in such register or fee book each item of service; the amount received therefor; from whom and the date when received; 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 shall correspond with each other. The consular officer will 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 in such register; and also number each consular act so receipted for with the number of such receipt as shown by such register. The fee book is to be ruled and kept in accordance with Form No. 8 if the con

Passport book.

Invoice book.

Miscellaneous

records.

Register of letters received.

Register of let

ters sent.

Record books

at sea-ports.

turns.

sul resides at a port, or with No. 9 if his official residence is at an inland town or city.

A passport book, in which are to be registered all passports issued by the consular officer, in accordance with Form No. 10, and the instructions prescribed in the chapter on Passports.

An invoice book, to be ruled and kept in accordance with Form No. 11, and with the instructions prescribed in the chapter on the Authentication of Invoices.

A miscellaneous record book, for the entry of those official papers and records which cannot conveniently be classified and entered in the record books above named.

A register of official letters received at the consulate, which shall embrace the following information: name of the writer, number and date of letter, when received, its import, and remarks thereon, as prescribed in Form No. 12.

A register of official letters sent from the consulate, stating the date and import of the letter and the name of the person to whom sent, as prescribed in Form No. 13.

392. In sea-ports the following additional books will be used:—

Book of com- A record book of commercial returns, to be kept in mercial re- accordance with Form No. 14, in which must be stated, in respect of vessels, the number, date of arrival, class, name, and tonnage of all American vessels, where belonging, whence from, whither bound, when and where built, master and owners' names; and in respect of cargoes, both inward and outward, under distinct heads, as nearly as possible, the description, quantity, and value of the same, and where produced or manufactured.