United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 8 of 150)
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had effect as an amendment of Schedules B and C, conUined in R. S. | 1690.

This section, as so amended, and subsequent provisions of Act March 8, 1875,
c 157, 18 SUt 486. Act Feb. 18. 1876, c 12, 19 SUt 4, and Act Feb. 11.
1878, c 14, 20 SUt 24, relating to appointment and salaries of consuUr
officsrs, were superseded by the provisions of the Consular Reorganisation
Act of April 5, 1906, c. 1866, set forth, as amended by Act May 11. 1908. c.
161, and Act Feb. 3, 1909, c 60, post, H 8138-3142, 3151, 8152, 8185-318&

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Ch.2) DIPLOMATIC OFFICERS § 8189

§ 3138. (Act April S, 1906, c. 1366, § 1.) Consular system reor-
ganized.
That the consular system of the United States be reorganized in
the manner hereinafter provided in this Act. (34 Stat. 99.)

This section and the four sections next following were part of the Con-
sular Beorganization Act of 1906, entitled "An act to provide for the reor-
ganiKation of the Consular Service of the United States."

Section 2 of the act, next following, was amended by the Consular Reor-
ganization Act of May 11, 1908, c 161, 35 Stat. 101, and by Act Feb. 8,
1909, c. 60, 35 Stat 693.

Section 6 of the act amended R. S. f§ 1699, 1700, and is incorporated into
those sections as set forth post, f § 8151, 8152.
Sections 7-10 of the act are set forth post, §§ 3185-318a
Before this act, appointments and salaries of consular officers were regu-
lated by R. S. I 1690, and subsequent provisions, and by the provisions made
for each fiscal year by the diplomatic and consular appropriation acts. All
such previous provisions relating to the subject were superseded by this act

§ 3139. (Act April 5, 1906, c. 1366, § 2, as amended, Act May 11,
1908, c. 161, and Act Feb. 3, 1909, c. 60.) Consule-general and
consuls; classification; salaries.
The consuls-general and the consuls of the United States shall

hereafter be classified and graded as hereinafter specified, with the

salaries of each class herein affixed thereto.

CONSULS-GENERAL

Class one, twelve thousand dollars: London, Paris.

Class two, eight thousand dollars: Berlin, Habana, Hongkong,
Hamburg, Rio de Janeiro, Shanghai.

Class three, six thousand dollars : Calcutta, Cape Town, Constanti-
nople, Mexico City, Montreal, Ottawa, Vienna, Yokohama.

Class four, five thousand five hundred dollars : Antwerp, Barcelona,
Brussels, Canton, Frankfort, Marseilles, Moscow, Panama, Rotter-
dam, Seoul, Sydney (Australia), Tientsin.

Class five, four thousand five hundred dollars: Auckland, Beirut,
Boma, Buenos Ayres, Callao, Coburg, Dresden, Genoa, Guayaquil,
Halifax, Hankau, Mukden, Munich, Singapore, Vancouver, Winni-
peg, Zurich.

Class six, three thousand five hundred dollars : Adis Ababa, Bogo-
ta, Budapest, Guatemala, Lisbon, Monterey, San Salvador, Smyrna,
Stockholm, Tangier.

Class seven, three thousand dollars: Athens, Christiania, Copen-

hacren.

CONSULS

Class one, eight thousand dollars: Liverpool.

Class two, six thousand dollars: Manchester.

Class three, five thousand dollars: Amsterdam, Bremen, Dawson.
Belfast, Havre, Johannesburg, Kobe, Lourengo Marquez, Lyon.

Class four, four thousand five hundred dollars: Amoy, Birming-
ham, Chefoo, Cienfuegos, Fuchau, Glasgow, Kingston (Jamaica),
Newchwang, Nottingham, Saint Gall, Santiago, Southampton, Vera-
cruz, Valparaiso.

Class five, four thousand dollars : Bahia, Bombay, Bordeaux, Colon,

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§ 8189 DIPLOMATIC orncBRS (Tit 18

Dublin, Dundee, Harbin, Leipzig, Milan, Nanking, Naples, Nurem-
berg, Para, Pernambuco, Plauen, Reichenberg, Santos, Stuttgart, Tor-
onto, Tsingtau, Victoria, Warsaw.

Class six, three thousand five hundred dollars: Alexandria, Apia,
Barmen, Barranquilla, Basel, Berne, Bluefields, Bradford, Chemnitz,
Chunking, Cologne, Dalny, Durban, Edinburgh, Fiume, Geneva,
Georgetown, Guadelajara, Mannheim, Montevideo, Nagasaki, Odessa,
Palermo, Port Elizabeth, Prague, Quebec, Rangoon, Rheims, Rimous-
ki. Rome, Saint Petersburg, Saloniki, Sherbrooke. Vladivostok.

Class seven, three thousand dollars : Aix la Chapelle, Aleppo, Bar-
bados, Batavia, Belgrade, Burslem, Calais, Calgary, Carlsbad, Catania,
Colombo, Corinto, Dunfermline, Florence, Frontera, Ghent, Hamilton
(Ontario), Hanover, Harput, Huddersfield, Iquitos, Iquique, Jerusa-
lem, Karachi, Kehl, La Guaira, Leghorn, Liege, Madras, Malaga,
Managua, Melbourne, Nantes, Nassau, Newcastle (New South
Wales), Newcastle (England), Port Antonio, Punta Arenas, Port au
Prince, Riga, Sandakan, Progreso, Seville, Saint John (New Bruns-
wick), Saint Michaels, Saint Thomas (West Indies), San Jose, Shef-
field, Swansea, Sydney (Nova Scotia), Tabriz, Tampico, Tamsui,
Trieste, Trinidad.

Class eight, two thousand five hundred dollars: Acapulco, Aden,
Algiers, Antung, Batum, Belize, Bergen, Breslau, Brunswick, Cardiff,
Chihuahua, Ciudad Juarez, Ciudad Porfirio Diaz, Cognac, Cork, Cura-
sao, Erfurt, Gibraltar, Gothenburg, Hamilton (Bermuda), Hull, Jerez
de la Frontera, Kingston (Ontario), Leeds, Limoges, Madrid, Magde-
burg, Malta, Maracaibo, Martinique, Matamoros, Mazatlan, Mersinc,
Nice, Nogales, Nuevo Leredo, Orillia, Owen Sound, Plymouth, Port
Limon, Prescott, Puerto Cortez, Rosario, Roubaix, Saint Johns (New-
foundland), Saint Etienne, San Luis Potosi, Sarnia, Sault Sainte
Marie, Stettin, Swatow, Tamatave, Tegucigalpa, Teneriffe, Trebizond,
Tripoli, Valencia, Windsor (Ontario), Yarmouth, Zanzibar.

Class nine, two thousand dollars: Aguascalientes, Asuncion, Bag-
dad, Bristol, Campbellton, Cape Gracias, Cape Haitien, Cartagena,
Ceiba, Charlottetown, Cornwall, Durango, Ensenada, Femie, Fort
Erie, Goree-Dakar, Grenobel, Guadeloupe, Hermosillo, Hobart, La
Paz, Manzanillo, Maskat, Moncton, Niagara Falls, Patras, Port Louis,
Puerto Cabcllo, Puerto Plata, Rouen, Saigon, Saint Johns (Quebtx),
Saint Pierre, Saint Stephen, Salina Cruz, Saltillo, Sierra Leone, Sivas,
Stavanger, Suva, Tahita, Tapachula, Turin, Turks Island, Venice.
(34 Stat. 99. 35 Stat. 101. 35 Stat. 593.)

The Amendments of this section by Act May 11, 1008, c. 161, and Act Feb.
8, 1{K)9, c. 00, cited above, conHinted in changes in the classitication of coit-
sulH-general and consuls by the stH'tion as orif;ina11y enacted.

The appointment of vice-consular officers was provided for by section 8 of
this act, post, I 3140.

The appointment of inspectors of consulates, to be desiiniated consuls-fen-
eral at large, was provided for by section 4 of this act, post. | 3141.

A provision that *'the sole and only compensation** of consular officers should
be "by salaries fixed by law" was made by section 8 of this act, post, | 3180.

§ 3140. (Act April 5, 1906, c. 1366, § 3.) Vice-consular officers ;
consular agents ; grade of commercial agent abolished.
The offices of vicc-consuls-gcneral, deputy consuls-general, vice-
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Ch. 2) DIPLOMATIC OPPICBRS § 3142

consuls, and deputy consuls shall be filled by appointment, as here-
tofore, except that whenever, in his judgment, the good of the serv-
ice requires it, consuls may be designated by the President with-
out thereby changing their classification to act for a period not to
exceed one year as vice-consuls-general, deputy consuls-general, vice-
consuls, and deputy consuls; and when so acting they shall not be
deemed to have vacated their offices as consuls. Consular agents may
be appointed, when necessary, as heretofore. The grade of commercial
agent is abolished. (34 Stat. 100.)

Previous proTisions for appointment of vice-consular officers and consular

agents were made by R. S. f 1695, post, f 3147.
Additional compensation to vice-consular officers, out of tlie salaries of the

consuls-general or consuls for whom they act, was authorized by section 8

of this act, set forth post, { 3186.

§ 3141. (Act AprU 5, 1906, c. 1366, § 4.) Inspectors of consulates;

designation as consuls-general at large ; appointment ; duties ;

powers; bonds; misconduct and neglect of duty.
There shall be five inspectors of consulates, to be designated and
commissioned as consuls-general at large, who shall receive an
annual salary of five thousand dollars each, and shall be paid their
actual and necessary traveling and subsistence expenses while trav-
eling and inspecting under instructions from the Secretary of State.
They shall be appointed by the President, with the advice and
consent of the Senate, from the members of the consular force pos-
sessing the requisite qualifications of experience and ability. They
shall make such inspections of consular offices as the Secretary of
State shall direct, and shall report to him. Each consular office shall be
inspected at least once in every two years. Whenever the President has
reason to believe that the business of a consulate or a consulate-general
is not being properly conducted and that it is necessary for the public
interest, he may authorize any consul-general at large to suspend the
consul or consul-general, and administer the office in his stead for a
period not exceeding ninety days. In such case the consul-general at
large so authorized shall have power to suspend any vice or deputy
consular officer or clerk in said office during the period aforesaid.
The provisions of law relating to the official bonds of consuls-general,
and the provisions of sections seventeen hundred and thirty-four,
seventeen hundred and thirty-five, and seventeen hundred and thirty-
six. Revised Statutes of the United States, shall apply to consuls-
general at large. (34 Stat. 100.)

Provisions relating to official bonds of consnls-general, mentioned in this
section, were made by R. S. § 1697, post, § 3149.

The provisions of R. S. §{ 1734, 1735, 1736, also mentioned in this section,
relating to embezzlement, neglect of duty, etc., by consular officers, are set
forth post, f $ 8192-3194. .

§ 3142. (Act April 5, 1906, c. 1366, § 5.) Consular assistants to be
citizens.
No person who is not an American citizen shall be appointed
hereafter in any consulate-general or consulate to any clerical posi-

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§ 8142 DIPLOMATIC omcBRS (Tit. 18

tion the salary of which is one thousand dollars a year or more.
(34 Stat. 101.)

The appointment of oonsaUr derks was aothorlaed by R. S. | 1704, pott, f

3154. Their talariet were fixed by a provision of Act Feb. 22, 1907, c 1184,

post, I 3155.

§ 3143. (R. S. § 1691.) Consuls, etc., not to hold office at difiFerent
consulates.

No consul-general or consul shall be permitted to hold the office
of consul-general or consul at any other consulate, or exercise the
duties thereof.

Act March 8, 1860, c 126, | 6, 15 Stat 822.
§ 3144. (Act Feb. 25, 1885, c. 150.) Consuls and consuls-general
not to receive salary of secretary of legation or interpreter.
Hereafter no consul or consul-general shall be entitled to or al-
lowed any part of any salary appropriated for payment of a secre-
tary or second secretary of legation or interpreter. (23 Stat. 329.)
This was a provision of the diplomatic and consular appropriation act fur
the fiscal year 1886, cited above.

(R S. § 1692. Repealed.)
This section authorised the President to appoint three interpreters of the
Chinese language, whose compensation was to be at a rate not to exceed
$1,500 a year, and who were to be a88ijni<*d for duty by the President to such
consulates in China as he might think proper. It was repealed as tfaa affect
of the repeal of Act Aug. 18, 1856, c 127, | 6, 11 Stat 55, which was incor-
porated in this section of the Revised Statutes, by a provision of Act June 11,
1874, c. 275, I 3, 18 Sut 70, accompanying the provisions of that act relat-
ing to the same subject, set forth post, I 3145.

§ 3145. (Act June 11, 1874, c 275, § 3.) Interpreters at consulates
in China and Japan.
The President shall be, and is hereby, authorized to appoint in-
terpreters to the consulates at Shanghai, Tien Tsin, Fowchow, and
Kanagawa, and to allow them salaries not to exceed, in either case,
the rate of two thousand dollars a year ; And to appoint interpreters
to the consulates at Hankow, Amoy, Canton, and Hong-Kong, and to
allow them salaries not to exceed, in either case, the rate of seven
hundred and fifty dollars a year ; And also to allow, at his discretion,
a sum not exceeding the rate of five hundred dollars for anv one
year to any one consulate in China or Japan, respectively, not herein
named, for expenses of interpretation. (18 Stat. 70.)

This section was a part of the diplomatic and consular appropriation act for
the 6scal year 1875, dted above.

A further provision of this section repealed section 6 of Act Aug. 18, 1856.
C 127, 11 SUt 55, which was incorporated into R. S. | 1692.

Annual appropriations for Interpreters to be employed at consulates in China
and Japan, and at other places, are made in the recent diplomatic and consular
appropriation acts. The provisions for the fiscal jear 1014, were bj Act
Feb. 28, 1913, c 86, 87 SUt 688.

§ 3146. (R S. § 1693.) Salary of interpreter at Bangkok.

The salary of the interpreter at the consulate of Bangkok, in Siam,
shall not exceed the sum of five hundred dollars a year; and no
salarv shall be allowed the marshal at that consulate.

Act March 8, 1809, c 125, | 7, 15 SUt 822.

An appropriation for the interpreter at the consulate of Bangkok, Siam, at

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Ch. 2) DIPLOMATIC OFFICBB8 § 3149

$1,600 a year, is repeated in recent diplomatic and consular appropriation
acts. The provision for the fiscal year 1914 was by Act Feb. 28, 1013, c. 86,
37 Stot 689.

(R. S. § 1694. Superseded.)

This section authorized the President to discontinue the consulate at Trini-
dad de Cuba and to appoint at Cienfuegos a consul with the same salary.

It was superseded by the provisions of the Ck>nsular Reorganization Act of
AprU 5, 1906, c. 1366, | 2, ante, $ 3139.

§ 3147. (R. S. § 1695.) Extent of consulates, and appointment of
vice-consular officers.
The President is authorized to define the extent of country to be
embraced within any consulate [or commercial agency], and to pro-
vide for the appointment of vice-consuls, [vice-commercial agents],
deputy consuls, and consular agents, therein, in such manner and
under such regulations as he shall deem proper; but no compensa-
tion shall be allowed for the services of any such vice-consul, [or
vice-commercial agent,] beyond nor except out of the allowance
made by law for the principal consular officer in whose place such
appointment shall be made. No vice-consul, [vice-commercial
agent], deputy consul, or consular agent, shall be appointed other-
wise than under such regulations as have been or may be prescrib-
ed by the President.

Act Aug. 18, 1856, c. 127, 1 14. 11 Stat 67.

The words of this section "or commercial agency" and "vice-commercial
agents," inclosed in brackets, were superseded by the abolition of the grade of
commercial asrents by the Consular Reorganization Act of April 5, 1906, c. 1366,
I 8, ante, § 3140.

Subsequent provisions for compensation of vice-consuls were made by said
Act April 5, 1906, a 1366, { 8, post, | 8186.

§ 3148. (R. S. § 1696.) Expenses of vice-consulates and consular
agencies.
The only allowance to any vice-consulate or consular agency for
expenses shall be an amount sufficient to pay for stationery and post-
age on official letters.

Act March 8, 1869, c. 125, | 6, 15 Stat. 822.

§ 3149. (R. S. § 1697, as amended, Act Dec. 21, 1898, c. 36, § 1.)
Bonds of consular officers to be furnished and deposited with
Secretary of Treasury ; suits on bonds.
Every consul-general, consul, [and commercial agent,] before he
receives his commission, or enters upon the duties of his office,
shall give 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 dol-
lars, and in no case less than the annual compensation allowed to
such officer, and not 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] un-
der any law, now or hereafter enacted, or by virtue of his office ; and

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3 8149 DIPLOMATIC omcBBt (Tit 18

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]. The bond herein mentioned shall be depos-
ited with the Secretary of the Treasury. In case of a breach of any
such bond, any person thereby injured may institute, in his own
name and for his sole use, a suit on said bond, and thereupon re-
cover such damages as shall be legally assessed, with costs of suit,
for which execution may issue for him in due form; but if such
party fails to recover in the suit, judgment shall be rendered and
execution may issue against him for costs in favor of the defendant,
and the United States shall, in no case, be liable for the same. The
said bond shall remain, after any judgment rendered thereon, as a
security for the benefit of any person injured by a breach of the
condition of the same until the whole penalty has been recovered ;
and the proceeding shall always be as directed in this section.

Act Auk. 18, 1856, c. 127, | 13, U SUt 66. Act Dec. 21, 1SD8, c. 36, | 1,
80 SUt 770.

This section, m enacted in the Revised Statutes, did not contain after the
words '*rn(Jer any law, now or hereafter enacted," the further clause, "or by
Tirtue of his office/' and It ended with the provision, **The bond herein men-
tioned shall be deposited with the Secretary of tlie Treasury." It was amended
by inserting said words "or by virtue of his office," and by adding the provi-
sions beginning with the words "In case of a breach of any such bonds," to
the end of the section as set forth here, by Act Dec. 21, 1808, c 36, | 1, cited
above.

The words of this section, "and commercial agent," and "or commercial
agent," inclosed in brackets, were superseded by the abolition of the grade of
commercial agent by the Consular Reorganization Act of April 6, 1006, c.
1306, I 3, ante, | 3140.

A provision, similar to a general requirement of this section, that '*The
bunds which consular officers who are not compensated by salaries are required
by the thirteenth section of the act of August eighteenth, eighteen hundred and
fifty-six, to enter into, shall hereafter be made with such sureties as the Secre-
tary of State shall approve," was made by Act June 11, 1874, c. 275, I 1, 18
Stat. 67. It was superseded by the provision that "the sole and only compensa-
tion" of officers in the consular service "shall be by salaries fixed by law." of
the Consular Reoreanixation Act of April 5, 1006, c. 1:^06, | 8, post, | 3186.

Act Aug. 18, 1806, c 127, % 13, referred to in said provision of Act June 11,
1874, c 275, i 1, was incorporated, witb some changes, In R. S. | 1697, ante,
I 3149.

Officers* bonds were required to be examined at least once evpry two years,
and renewed at least once every four years, by Act March 2, 1805, c. 177, | 5,
post, II 3289, 3290.

Other provisions for suit on bond in case of neglect of duty, etc., were made
by H. S. f 17:^5. post, | 3193.

Consular officers were forbidden to accept appointments from foreign states
as administrator, guardian, etc., without giving bond, by Act June 30, 1902, c.
1331, post, I 3165.

The provisions of law relating to official bonds of consuls-general were made
to apply to the inspectors of consulates, designated as consuls-geneml at large,
by a provision of the Consular Reorganisation Act of April 5, 1906, c 1366, I
4, ante, | 8141.

§ 3150. (R S. § 1698, as amended. Act Dec. 21, 1898, c 36, § 2.)
Bonds of vicenronsuls ; deposit with Secretary of Treasury;
suits on bonds.
Every vice-consul-general or vice-consul shall, before he enters

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Ch. 2) DIPLOMATIC OFFICBB8 § 8151

on the execution of his trust, give bonds, with such sureties, who
shall be permanent residents of the United States, as shall be ap-
proved by the Secretary of State, in a-sum not less than two thousand
dollars nor more than ten thousand dollars, conditioned for the
true and faithful discharge of the duties of his ofHce according to
law, and for truly accounting for all moneys, goods, and effects
which may come into his possession by virtue of his office. The bond
shall be lodged in the office of the' Secretary of the Treasury. In case
of a breach of any such bond, any person thereby injured may in-
stitute, in his own name, and for his sole use, a suit on said bond,
and thereupon recover such damages as shall be legally assessed,
with costs of suit, for which execution may issue for him in due form ;
but if such party fails to recover in the suit, judgment shall be ren-
dered and execution may issue against him for costs in favor of the
ilefendant, and the United States shall in no case be liable for the
same. The said bond shall remain after any judgment rendered
thereon as a security for the benefit of any person injured by a
breach of the condition of the same until the whole penalty has been
recovered; and the proceedings shall always be as* directed in this
section. That when suit is brought upon the bond prescribed in this
or the preceding section, if the principal in the bond resides in a
foreign country, the summons, or other process, may be served upon
him by filing a certified copy of the same with the Secretary of the
Treasury, which service shall be deemed sufficient to give the court
jurisdiction over the person and property of the defendant ; and the
bond prescribed in this and the preceding section shall contain a
condition to accept such service as sufficient to give the court juris-
diction as aforesaid. The principal shall have ninety days from the
time of such service in which to enter his appearance in the action.
When a copy of such summons or other process has been filed with
the Secretary of the Treasury, he shall at once mail a copy thereof
to the principal at his last known place of residence.

Act April 14, 1792, c 24, | 6, 1 Stat 256. Act Dec. 21, 1898, c. 36, f 2,
30 Stat 771.

This section, as enacted in the Revised Statutes, only required "Every vice-
consul" to "give bond, with such sureties as shall be approved by the Secretary
of State," etc., and ended with the provision, "The bond shall be lodged in
the office of the Secretary of the Treasury." It was amended by inserting,
after the word "vice-consul," where it first occurs, the words "general, or
vice-consul"; by inserting, after the words "with such sureties," the words
**who shall be permanent residents of the United States"; and by adding the
provisions beginning with the words, "In case of a breach of any such bond," to
the end of the section as set forth here, by Act Dec. 21, 1898, c. 36, § 2, last
cited above.
See note to R. S. f 1697, ante, | 3149.

§ 3151. (R. S. § 1699, as amended, Act AprU 5, 1906, c. 1366, § 6.)
Consular officers not to transact business.
No consul-general, consul, or consular agent receiving a salary
of more than one thousand dollars a year shall, while he holds his
office, be interested in or transact any business as a merchant, fac-
tor, broker, or other trader, or as a clerk or other agent for any
sudi person to, from, or within the port, place, or limits of his juris-

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g 8161 DIPLOMATIC OFnCBBS (Tit 18

diction, directly or indirectly, either in his own name or in the name
or through the agency of any other person ; nor shall he practice as a
lawyer for compensation or be interested in the fees or compensation
of any lawyer; and he shall in his official bond stipulate as a condition
thereof not to violate this prohibition.

Act Aug. 18, 1806, c 127, I 5, 11 SUt 00. Act AprU 0, 1006, c 1866, | 6,
84 SUt 101.
Thii lectioD, m enacted in the Revised Statutes, waa aa follows:
'*No consul-general, consul, or conunercial agent, embraced in schedule B,
shall, while he holds his office, be interested in or transact any business aa a
merchant, factor, broker, or other trader, or as a clerk or other agent for any
such person to, from, or within the port, place, or limits of bis consulate or



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 8 of 150)