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SEC. 5410. The preceding section shall be construed to apply not only to cases in which the prisoner who escaped was charged or found guilty of an offense against the laws of the United States, but also to cases in which a prisoner may be in custody charged with offenses against any foreign government with which the United States have treaties of extradition.

EXTRA PAY, EXTRA SALARIES, &c.

1763. Double salaries. 1764. Extra services. 1765. Extra allowances.

Title 19.

Sec.

2687. Apportionment of salaries.

3654. Extra compensatiion for disbursements.
Extra compensation forbidden.

SEC. 1763. No person who holds an office, the salary or annual comDouble salaries. pensation attached to which amounts to the sum of two thousand five hundred dollars, shall receive compensation for discharging the duties of any other office, unless expressly authorized by law.

Extra services.

Extra allow. ances.

SEC. 1764. No allowance or compensation shall be made to any officer or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.

SEC. 1765. No officer in any branch of the public service, or any other person whose salary, pay, or emoluments are fixed by law or regulations, shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or compensation.

[See also §§ 168, 170, 171, under head of DEPARTMENTS.]

Title 34, Chap. 2. SEC. 2687. Collectors and all other officers of the customs, serving for Apportionment a less period than a year, shall not be paid for the entire year, but shall of compensation be allowed in no case a greater than a pro rata of the maximum comfor part of a pensation of such officers respectively for the time only which they year's service.

actually served as such collectors or officers, whether the same be under one or more appointments, or before or after confirmation. And no collector or other officer shall, in any case, receive for his services, either as fees, salary, fines, penalties, forfeitures, or otherwise, for the time he may be in service, beyond the maximum pro rata rate provided by law. And this section shall be applied and enforced in regard to all officers, agents, and employés of the United States whomsoever, as well those whose compensation is determined by a commission on disbursements, not to exceed an annual maximum, as those paid by salary or otherwise. SEC. 3654. No extra compensation exceeding one-eighth of one per centum shall in any case be allowed or paid to any officer, person, or sation for dis. corporation for disbursing moneys appropriated to the construction of any public building.

Title 40.

Extra compen

bursements.

June 20, 1874.

SEC. 3. That no civil officer of the Government shall hereafter receive Extra compenany compensation or perquisites, directly or indirectly, from the treassation to civil offi- ury or property of the United States beyond his salary or compensation cers prohibited. allowed by law: Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as now allowed by law for the performance of services not covered by their salaries or fees.

Approved, June 20, 1874.

FISH-COMMISSIONER.

Sec.

4395. Appointment of commissioner of fish and fisheries.

4396. Duties of commissioner.

51.

Sec.

4397. Executive Department to aid investiga-
tion.

4398. Powers of commissioner.

SEC. 4395. There shall be appointed by the President, with the advice and consent of the Senate, from among the civil officers or employés of Appointment of commissioner of the Government, a commissioner of fish and fisheries, who shall be a fish and fisheries. person of proved scientific and practical acquaintance with the fishes of the coast, and who shall serve without additional salary.

1

Duties of the commissioner.

SEC. 4396. The commissioner of fish and fisheries shall prosecute investigations and inquiries on the subject, with the view of ascertaining whether any and what diminution in the number of the food-fishes of the coast and the lakes of the United States has taken place; and, if so, to what causes the same is due; and also whether any and what protective, prohibitory, or precautionary measures should be adopted in the premises; and shall report upon the same to Congress. SEC. 4397. The heads of the several Executive Departments shall cause Executive Deto be rendered all necessary and practicable aid to the commissioner partments to aid investigations. in the prosecution of his investigations and inquiries.

SEC. 4398. The commissioner may take or cause to be taken at all Powers of comtimes, in the waters of the sea-coast of the United States, where the missioner. tide ebbs and flows, and also in the waters of the lakes, such fish or specimens thereof as may in his judgment, from time to time, be needful or proper for the conduct of his duties, any law, custom, or usage of any State to the contrary notwithstanding.

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Captured flags.

SEC. 1554. The Secretary of the Navy shall cause to be collected and Title 15, Chap. 7. transmitted to him, at the seat of Government of the United States, all such flags, standards, and colors as shall have been or may hereafter be taken by the Navy from enemies.

in

some public

SEC. 1555. All flags, standards, and colors of the description mentioned Preservation of in the foregoing section, which are now in the possession of the Navy Department, or may hereafter be transmitted to it, shall be delivered to place. the President, for the purpose of being, under his direction, preserved and displayed in such public place as he may deem proper.

SEC. 1791. The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be thirtyseven stars, white in a blue field.

SEC. 1792. On the admission of a new State into the Union one star

Title 20.

The flag to be 13 stripes and 37 stars.

A star to be

added for every

new State.

Seal of the

United States.

shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. SEC. 1793. The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. SEC. 1794. The Secretary of State shall keep such seal, and shall make Secretary of out and record, and shall affix the same to, all civil commissions for offi- State to keep and cers of the United States, to be appointed by the President, by and with the advice and consent of the Senate, or by the President alone. But the seal shall not be affixed to any commission before the same has been signed by the President of the United States, nor to any other instrument, without the special warrant of the President therefor.

FOREIGN RELATIONS.

IMMUNITY OF MINISTERS.

use the seal.

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Title 47.

SEC. 4062. Every person who violates any safe conduct or passport duly obtained and issued under authority of the United States; or who Penalty for assaults, strikes, wounds, imprisons, or in any other manner offers vio- violating safe lence to the person of a public minister, in violation of the law of na- conduct tions, shall be imprisoned for not more than three years, and fined, at the saulting public discretion of the court.

minister.

or as

their domestics void.

Process against SEC. 4063. Whenever any writ or process is sued out or prosecuted by ministers and any person in any court of the United States, or of a State, or by any judge or justice, whereby the person of any public minister of any foreign prince or state, authorized and received as such by the President, or any domestic or domestic servant of any such minister, is arrested or imprisoned, or his goods or chattels are distrained, seized, or attached, such writ or process shall be deemed void. [See § 687, SUPREME COURT.j Penalty for su- SEC. 4064. Whenever any writ or process is sued out in violation of ing out or execut- the preceding section, every person by whom the same is obtained or ing such process. prosecuted, whether as party or as attorney or solicitor, and every officer concerned in executing it, shall be deemed a violator of the laws of nations, and a disturber of the public repose, and shall be imprisoned for not more than three years, and fined at the discretion of the court. When process SEC. 4065. The two preceding sections shall not apply to any case may be issued where the person against whom the process is issued is a citizen or inagainst persons habitant of the United States, in the service of a public minister, and the process is founded upon a debt contracted before he entered upon such service; nor shall the preceding section apply to any case where the person against whom the process is issued is a domestic servant of a public minister, unless the name of the servant has, before the issuing thereof, been registered in the Department of State, and transmitted by the Secretary of State to the marshal of the District of Columbia, who shall upon receipt thereof post the same in some public place in his office. SEC. 4066. All persons shall have resort to the list of names so posted list of names of in the marshal's office, and may take copies without fee.

in service of min

isters.

Public access to

ministers' ser

vants.

Sec.

TESTIMONY AND WITNESSES IN FOREIGN COUNTRIES.

4071. Taking testimony to be used in foreign countries.

4072. Witness need not criminate himself.

tries.

Title 47.

Sec.

4073. Punishment of witness for contempt.
4074. Fees and mileage of witnesses.

SEC. 4071. The testimony of any witness residing within the United States, to be used in any suit for the recovery of money or property Taking testimony to be used depending in any court in any foreign country with which the United in foreign coun- States are at peace, and in which the government of such foreign country shall be a party or shall have an interest, may be obtained, to be used in such suit. If a commission or letters rogatory to take such testimony, together with specific written interrogatories, accompanying the same, and addressed to such witness, shall have been issued from the court in which such suit is pending, on producing the same before the district judge of any district where the witness resides or shall be found, and on due proof being made to such judge that the testimony of any witness is material to the party desiring the same, such judge shall issue a summons to such witness requiring him to appear before the officer or commissioner named in such commission or letters rogatory, to testify in such suit. And no witness shall be compelled to appear or to testify under this section except for the purpose of answering such interrogatories so issued and accompanying such commission or letters: Provided, That when counsel for all the parties attend the examination, they may consent that questions in addition to those accompanying the commission or letters rogatory may be put to the witness, unless the commission or letters rogatory exclude such additional interrogatories. The summons shall specify the time and place at which the witness is required to attend, which place shall be within one hundred miles of the place where the witness resides or shall be served with such summons. SEC. 4072. No witness shall be required, on such examination or any not criminate other under letters rogatory, to make any disclosure or discovery which shall tend to criminate him either under the laws of the State or Territory within which such examination is had, or any other, or any foreign

Witness need

himself.

Punishment of

state.

SEC. 4073. If any person shall refuse or neglect to appear at the time witness for con- and place mentioned in the summons issued, in accordance with section tempt. forty hundred and seventy-one, or if upon his appearance he shall refuse to testify, he shall be liable to the same penalties as would be incurred for a like offense on the trial of a suit in the district court of the United States.

Fees and mileage of witnesses.

SEC. 4074. Every witness who shall so appear and testify shall be allowed, and shall receive from the party at whose instance he shall have been summoned, the same fees and mileage as are allowed to witnesses in suits depending in the district courts of the United States.

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Sec.

JUDICIAL AUTHORITY OF MINISTERS AND CONSULS.

4083. Judicial authority of United States minis-
ters and consuls in certain couneries.

4084. Their jurisdiction of crimes.
40 5. Jurisdiction in civil cases.

4086. Jurisdiction, how exercised and enforced.
4087. Arrest, trial, and sentence of criminals.
4088. Powers of consular officers in uncivilized
countries.

4089. Decisions of consuls; appeal to minister.
4090. Jurisdiction of mini ters in capital cases,
&c.

4091. Appellate jurisdiction of ministers in cer-
tain countries.

4092. Appeals from consular courts in China and
Japan.

4093. When appeal allowed to circuit court for
California.

4094. Appeal from minister's decisions in civil

cases.

4095. In criminal cases.

4096. Circuit court for California to hear ap
peals.

4097. Evidence in consular courts, how taken.
4098. Compromise, or reference of civil cases to
be encouraged

4099. Certain criminal cases may be settled.
4100. Aid of civil authorities may be invoked.
4101. Punishments by fine or imprisonment.
4102. For murder, insurrection, or rebellion.

Sec.

4103. Execution of criminals.
4104. Punishment of contempts.

4105. Decisions of consul sitting alone in criminal

cases.

4106. Associates may be called by consuls in criminal trials.

4107. Associates in civil cases.

4108. Where jurisdiction of ministers may be exercised.

4109. Jurisdiction of minister, when appellate and when original.

4110. Responsibility of diplomatic and consular
officers.

4111. Marshals of consular courts.
4112. Execution and return of process.

4117. Ministers to make regulations for consular
courts.

4118. Publication of regulations.

4120. Fees for judicial services.

4121. Expenses of prisoners in foreign countries. 4125. Provisions of Title extended to Turkey. 4126. To Persia.

4127. To Tripoli, Tunis, Morocco, and Muscat.
4128. Judicial duties, when to devolve on Secre.
tary of State.

4129. Provisions of Title further extended.
4130. Definition of words "minister and
sul."

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con

Judicial au

SEC. 4083. To carry into full effect the provisions of the treaties of the Title 47. United States with China, Japan, Siam, Egypt, and Madagascar, respectively, the minister and the consuls of the United States, duly thority of United appointed to reside in each of those countries, shall, in addition to other States ministers powers and duties imposed upon them, respectively, by the provisions and consuls in of such treaties, respectively, be invested with the judicial authority herein described, which shall appertain to the office of minister and

consul, and be a part of the duties belonging thereto, wherein, and so

far as, the same is allowed by treaty.

certain countries.

SEC. 4084. The officers mentioned in the preceding section are fully. Their juris lic empowered to arraign and try, in the manner herein provided, all citi- tion of crimes.

zens of the United States charged with offenses against law, committed

in such countries, respectively, and to sentence such offenders in the

manner herein authorized; and each of them is authorized to issue all

such processes as are suitable and necessary to carry this authority into
execution.

SEC. 4035. Such officers are also invested with all the judicial author- Jurisdiction in
ity necessary to execute the provisions of such treaties, respectively, in civil cases.
regard to civil rights, whether of property or person; and they shall en-
tertain jurisdiction in matters of contract, at the port where, or nearest
to which, the contract was made, or at the port at which or nearest to
which, it was to be executed, and in all other matters, at the port where,
or nearest to which, the cause of controversy arose, or at the port where,
or nearest to which, the damage complained of was sustained, provided
such port be one of the ports at which the United States are represented
by consuls. Such jurisdiction shall embrace all controversies between
citizens of the United States, or others, provided for by such treaties,
respectively.

and enforced.

SEC. 4086. Jurisdiction in both criminal and civil matters shall, in all Jurisdiction, cases, be exercised and enforced in conformity with the laws of the how exercised United States, which are hereby, so far as is necessary to execute such treaties, respectively, and so far as they are suitable to carry the same into effect, extended over all citizens of the United States in those countries, and over all others to the extent that the terms of the treaties, respectively, justify or require. But in all cases where such laws are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies, the common law and the law of equity and admiralty shall be extended in like manner over such citizens and others in those countries; and if neither the common law, nor the law of equity or admiralty, nor the statutes of the United States, furnish appropriate and sufficient remedies, the ministers in those countries, respectively, shall, by decrees and regulations which shall have the force of law, supply such defects and deficiencies.

Arrest, trial,

SEC. 4087. Each of the consuls mentioned in section forty hundred and sentence of and eighty-three, at the port for which he is appointed, is authorized

criminals.

Powers of con

tries.

upon facts within his own knowledge, or which he has good reason to believe true, or upon complaint made or information filed in writing and authenticated in such way as shall be prescribed by the minister, to issue his warrant for the arrest of any citizen of the United States charged of committing in the country an offense against law; and to arraign and try any such offender; and to sentence him to punishment in the manner herein prescribed.

SEC. 4088. The consuls and commercial agents of the United States sular officers in at islands or in countries not inhabited by any civilized people, or recuncivilized coun- ognized by any treaty with the United States, are authorized to try, hear, and determine all cases in regard to civil rights, whether of person or property, where the real debt or damages do not exceed the sum of one thousand dollars, exclusive of costs, and upon full hearing of the allegations and evidence of both parties, to give judgment according to the laws of the United States, and according to the equity and right of the matter, in the same manner as justices of the peace are now authorized and empowered where the United States have exclusive jurisdiction. They are also invested with the powers conferred by the provisions of sections forty hundred and eighty-six and forty hundred and eightyseven for trial of offenses or misdemeanors.

Decisions of

to minister.

SEC. 4089. Any consul when sitting alone may also decide all cases consuls; appeal in which the fine imposed does not exceed five hundred dollars, or the term of imprisonment does not exceed ninety days; but in all such cases, if the fine exceeds one hundred dollars, or the term of imprisonment for misdemeanor exceeds sixty days, the defendants or any of them, if there be more than one, may take the case, by appeal, before the minister, if allowed jurisdiction, either upon errors of law or matters of fact, under such rules as may be prescribed by the minister for the prosecution of appeals in such cases.

Jurisdiction of

governments.

SEC. 4090. Capital cases for murder or insurrection against the governministers over ment of either of the countries herein before mentioned, by citizens of certain offenses the United States, or for offenses against the public peace amounting to against foreign felony under the laws of the United States, may be tried before the minister of the United States in the country where the offense is committed if allowed jurisdiction; and every such minister may issue all manner of writs, to prevent the citizens of the United States from enlisting in the military or naval service of either of the said countries, to make war upon any foreign power with whom the United States are at peace, or in the service of one portion of the people against any other portion of the same people; and he may carry out this power by a resort to such force belonging to the United States, as may at the time be within his reach.

Appellate jurisdiction of ministers in certain countries.

Appeals from consular courts

in China and Ja

pan;

allowed to circuit

nia.

SEC. 4091. Each of the ministers mentioned in section forty hundred and eighty-three shall, in the country to which he is appointed, be fully authorized to hear and decide all cases, criminal and civil, which may come before him, by appeal, under the provisions of this Title, and to issue all processes necessary to execute the power conferred upon him; and he is fully empowered to decide finally any case upon the evidence which comes up with it, or to hear the parties further, if he thinks justice will be promoted thereby ; and he may also prescribe the rules upon which new trials may be granted, either by the consuls or by himself, if asked for upon sufficient grounds.

SEC. 4092. On any final judgment in a consular court of China or Japan, where the matter in dispute exceeds five hundred dollars and does not exceed two thousand five hundred dollars, exclusive of costs, an appeal shall be allowed to the minister in such country, as the case may be. But the appellant shall comply with the conditions established by general regulations. And the ministers are hereby authorized and required to receive, hear, and determine such appeals.

SEC. 4093. On any final judgment in any consular court of China or court for Califor- Japan, where the matter in dispute, exclusive of costs, exceeds the sum of two thousand five hundred dollars, an appeal shall be allowed to the circuit court for the district of California, and upon such appeal a transcript of the libel, bill, answer, depositions, and all other proceedings in the cause shall be transmitted to the circuit court, and no new evidence shall be received on the hearing of the appeal; and the appeal shall be subject to the rules, regulations, and restrictions prescribed in law for writs of error from district courts to circuit courts.

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