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or who shall harbor, conceal, protect, or in anywise assist any such seaman or other person who may have deserted from said service, knowing him to have deserted therefrom, or who shall refuse to give up and deliver such person on the demand of an officer authorized to receive him, shall be punished by imprisonment for not less than six months nor more than three years, and by fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction.

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ART. 4. The punishment of death, or such other punishment as a court-martial may adjudge, may be inflicted on any person in the naval service

who

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in time of war, deserts or entices others to desert;

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Sixth. * Seventh. * in time of war, deserts or betrays his trust, or entices or aids others to desert or betray their trust; ART. 8. Such punishment as a court-martial may adjudge may be

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ishable at discre- inflicted on any person in the Navytion of court-mar- who

tial.

Desertion in time of peace. Harboring de

serters.

Officers absent

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Twenty-first.

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in time of peace, deserts or attempts to desert, or aids and entices others to desert; Twenty-second. Or receives or entertains any deserter from any other vessel of the Navy, knowing him to be such, and does not, with all convenient speed, give notice of such deserter to the commander of the vessel to which he belongs, or to the commander-in-chief, or to the commander of the squadron.

ART. 9. Any officer who absents himself from his command without without leave leave may, by the sentence of a court-martial, be reduced to the rating of an ordinary seaman.

may be reduced.

Desertion by resignation.

ART. 10. Any commissioned officer of the Navy or Marine Corps who, having tendered his resignation, quits his post or proper duties without leave, and with intent to remain permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter.

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Enlisting deART. 19. Any officer who knowingly enlists into the naval service any serters, minors, deserter from the naval or military service of the United States shall be dishonorably dismissed from the service of the United States.

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SEC. 4749. No soldier or sailor shall be taken or held to be a deserter from the Army or Navy who faithfully served according to his enlistCertain soldiers ment until the nineteenth day of April, eighteen hundred and sixty-five, and sailors not to and who, without proper authority or leave first obtained, quit his command or refused to serve after that date; but nothing herein contained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion.

SEC. 5455. Every person who entices or procures, or attempts or enTitle 70, Chap. 5. deavors to entice or procure, any soldier in the military service of the Enticing deser- United States, or who has been recruited for such service, to desert theretions from the from, or who aids any such soldier in deserting or attempting to desert military or naval service. from such service, or who harbors, conceals, protects, or assists any such soldier who may have deserted from such service, knowing him to have deserted therefrom, or who refuses to give up and deliver such soldier on the demand of any officer authorized to receive him, shall be punished by imprisonment not less than six months nor more than two years, and by a fine not exceeding five hundred dollars; and every person who entices or procures, or attempts or endeavors to entice or procure, any seaman in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or who aids any such seaman in deserting or in attempting to desert from such service, or who harbors, conceals, protects, or assists any such seaman who may have deserted from such service, knowing him to have deserted therefrom, or who refuses to give up and deliver such sailor on the demand of any officer authorized to receive him, shall be punished by imprisonment not less than six months nor more than three years, and by a fine of not more than two thousand dollars. [See §§ 1996-1997, 1998-1999, CITIZENSHIP, and 2438 BOUNTY LAND.]

DIPLOMATIC AND CONSULAR OFFICERS.

See also FOREIGN RELATIONS, VESSELS OF MERCHANT SERVICE, and SEAMEN—MER

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Consular pow

SEC. 1433. The commanding officer of any fleet, squadron, or vessel Title 15, Chap. 2 acting singly, when upon the high seas or in any foreign port where there is no resident consul of the United States, shall be authorized to ers. exercise all the powers of a consul in relation to mariners of the United States.

SEC. 1440. If any officer of the Navy accepts or holds an appointment Accepting apin the diplomatic or consular service of the Government, he shall be pointments in diplomatic serv. considered as having resigned his place in the Navy, and it shall be ice. filled as a vacancy.

SEC. 1674. The official designation employed throughout this Title Title 18, Chap. 1. shall be deemed to have the following meanings, respectively:

First. 66

Consul-general," ," "consul," and "commercial agent," shall be Definition of deemed to denote full, principal, and permanent consular officers, as tions employed in official designadistinguished from subordinates and substitutes.

Second. "Deputy consul" and "consular agent" shall be deemed to denote consular officers subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively.

Third. "Vice-consuls," and "vice commercial agents," shall be deemed to denote consular officers, who shall be substituted, temporarily, to fill the places of consuls-general, consuls, or commercial agents, when they shall be temporarily absent or relieved from duty.

Fourth. "Consular officer" shall be deemed to include consuls-general, consuls, commercial agents, deputy consuls, vice-consuls, vice-commercial agents, and consular agents, and none others.

Fifth. "Diplomatic officer" shall be deemed to include ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, chargés d'affaires, agents, and secretaries of legation, and none others.

this title.

or secretary.

SEC. 1684. To entitle any chargé d'affaires, or secretary of any lega- Condition of tion or embassy to any foreign country, or secretary of any minister compensation of plenipotentiary, to compensation, they shall respectively be appointed chargé d'affaires by the President, by and with the advice and consent of the Senate; but in the recess of the Senate the President is authorized to make such appointments, which shall be submitted to the Senate at the next session thereafter, for their advice and consent; and no compensation shall be allowed to any chargé d'affaires, or any of the secretaries herein before described, who shall not be so appointed.

SEC. 1685. For such time as any secretary of legation shall be lawfully authorized to act as chargé d'affaires ad interim at the post to which he shall have been appointed, he shall be entitled to receive compensation at the rate allowed by law for a chargé d'affaires at such post; but he shall not be entitled to receive, for such time, the compensation allowed for his services as secretary of legation.

Compensation of secretary of legation acting as chargé d'affaires.

Compensation of persons filling two offices.

Uniforms and

SEC. 1686. When to any diplomatic office held by any person there is superadded another, such person shall be allowed additional compensation for his services, in such superadded office, at the rate of fifty per centum of the amount allowed by law for such surperadded office, and for such time as shall be actually and necessarily occupied in making the transit between the two posts of duty, at the commencement and termination of the period of such superadded office, and no longer; and such superadded office shall be deemed to continue during the time to which it is limited by the terms thereof.

SEC. 1688. No person in the diplomatic service of the United States official costumes. shall wear any uniform or official costume not previously authorized by Congress.

Title 18, Chap. 2.
Protests.

Lists and returns of seamen, vessels, &c.

Estates of decedents.

Notification of

death.

Decedent's di

SEC. 1707. Consuls and vice-consuls shall have the right, in the ports or places to which they are severally appointed, of receiving the protests or declarations which captains, masters, crews, passengers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizen of the United States. Copies of such acts duly authenticated by consuls or vice-consuls, under the seal of their consulates, respectively, shall be received in evidence equally with their originals in all courts in the United States. [See § 896, EVIDENCE.]

SEC. 1708. Every consular officer shall keep a detailed list of all seamen and mariners shipped and discharged by him, specifying their names and the names of the vessels on which they are shipped and from which they are discharged, and the payments, if any, made on account of each so discharged; also of the number of the vessels arrived and departed, the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and other returns, to the Secretary of the Treasury. [See §§ 4561, 4580, under SEAMEN-MERCHANT.] SEC. 1709. It shall be the duty of consuls and vice-consuls, where the laws of the country permit:

First. To take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any 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.

Second. To inventory the same with the assistance of two merchants of the United States, or, for want of them, of any others at their choice.

Third. To collect the debts due the deceased in the country where he died, and pay the debts due from his estate which he shall have there contracted.

Fourth. To sell at auction, 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.

Fifth. To transmit the balance of the estate to the Treasury of the United States, to be holden in trust for the legal claimant; except that if at any time before such transmission the legal representative of the deceased shall appear and demand his effects in their hands they shall deliver them up, being paid their fees, and shall cease their proceedings.

SEC. 1710. For the information of the representative of the deceased, the consul or vice-consul, in the settlement of his estate, shall immediately notify his death in one of the gazettes published in the consulate, and also to the Secretary of State, that the same may be notified in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the effects of the deceased, taken as before directed.

SEC. 1711. When any citizen of the United States, dying abroad, leaves, rections to be fol- by any lawful testamentary disposition, special directions for the custody lowed. and management, by the consular officer of the port or place where he dies, of the personal property of which he dies possessed in such country, such officer shall, so far as the laws of the country permit, strictly observe such directions. When any such citizen so dying, appoints, by any lawful testamentary disposition, any other person than such officer

to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so appointed, to give his official aid in whatever way may be necessary to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country permit, to protect the property of the deceased from any interference of the local authorities of the country where such citizen dies; and to this end it shall be the duty of such consular officer to place his official seal upon all of the personal property or effects of the deceased, and to break and remove such seal as may be required by such person, and not otherwise.

Fees allo wed

for official serv

SEC. 1718. Whenever any master or commander of a vessel of the United States has occasion for any consular or other official service, ice. which any consular officer of the United States is authorized by law or usage officially to perform, and for which any fees are allowed by the rates or tariffs of fees, he shall apply to the consular officer at the consulate or commercial agency where such service is required to perform such service, and shall pay to such officer the fees allowed for such service by the rates or tariffs of fees. And every such master or commander who omits so to do shall be liable to the United States for the amount of the fees lawfully chargeable for such services when actually performed. All consular officers are authorized and required to retain in their possession all the papers of such vessels, which shall be deposited with them as directed by law, till payment shall be made of all demands and wages on account of such vessels. [See §§ 4207, 4309, VESSELS— MERCHANT.]

men.

SEC. 1719. No consular officer, nor any person under any consular No profit from officer shall make any charge or receive, directly or indirectly, any com- discharged seapensation, by way of commission or otherwise, for receiving or disbursing the wages or extra wages to which any seaman or mariner is entitled who is discharged in any foreign country, or for any money advanced to any such seaman or mariner who seeks relief from any consulate or commercial agency; nor shall any consular officer, or any person under any consular officer, be interested, directly or indirectly, in any profit derived from clothing, boarding, or otherwise supplying or sending home any such seaman or mariner. Such prohibition as to profit, however, shall not be construed to relieve or prevent any such officer who is the owner of or otherwise interested in any vessel of the United States, from transporting in such vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transportation by law. [See §§ 4561, 4577, 4578, 4580, 4581, 4584, under SEAMEN-MERCHANT.]

SEC. 1723. Whenever any consular officer collects, or knowingly allows Exacting exces to be collected for any service, any other or greater fees than are allowed sive fees. by law for such service, he shall, besides his liability to refund the same, be liable to pay to the person by whom or in whose behalf the same are paid, treble the amount of the unlawful charge so collected, as a penalty, to be recovered with costs, in any proper form of action, by such person for his own use. And in any such case the Secretary of the Treasury may retain out of the compensation of such officer, the amount of such overcharge, and of such penalty, and charge the same to such officer in account, and may thereupon refund such unlawful charge, and pay such penalty to the person entitled to the same if he shall think proper so to do.

&c.

SEC. 1735. Whenever any consular officer willfully neglects or omits Neglect of duty to perform seasonably any duty imposed upon him by law, or by any order or instruction made or given in pursuance of law, or is guilty of any willful malfeasance or abuse of power, or of any corrupt conduct in his office, he shall be liable to all persons injured by any such neglect, or omission, malfeasance, abuse, or corrupt conduct, for all damages occasioned thereby; and for all such damages, he and his sureties upon 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 person injured. Such suit, however, shall in no case prejudice, but shall be held in entire subordination to the interests, claims, and demands of the United States, as against any officer, under such bond, for every willful act of malfeasance or corrupt conduct in his office.

SEC. 1736. If any consul or commercial agent neglects or omits to per- Neglect of duty form, seasonably, the duties imposed upon him by the laws regulating to seamen; corthe shipment and discharge of seamen, and the reclamation of deserters rupt conduct. on board or from vessels in foreign ports, or is guilty of any malversa

False

tion or abuse of power, he shall be liable to any injured person for all damage occasioned thereby; and for all malversation and corrupt conduct in office, he shall be punishable by imprisonment for not more than five years and not less than one, and by a fine of not more than ten thousand dollars and not less than one thousand. [See § 4600, under SEAMEN-MERCHANT.]

certifi- SEC. 1737. If any consul, vice-consul, commercial agent, or vice-comcate of property. mercial agent falsely and knowingly certifies that property belonging to foreigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years and by a fine of not more than ten thousand dollars.

When consular

SEC. 1738. No consular officer shall exercise diplomatic functions, or officers may per- hold any diplomatic correspondence or relation on the part of the United form diplomatic States, in, with, or to the government or country to which he is apfunctions. pointed, or any other country or government, when there is in such country any officer of the United States authorized to perform diplomatic functions therein; nor in any case, unless expressly authorized by the President so to do. [See § 5335, under TREASON.]

Compensation SEC. 1739. For such time as any consular officer shall be authorized of consular officer performing to perform diplomatic functions, in the absence of the regular diplomatic diplomatic func- officer in the country to which he shall be appointed, he shall be entitled, in addition to his compensation as such consular officer, to receive compensation for his services while so authorized, at the rate which would be allowed for a secretary of legation in such country.

tions.

Title 18, Chap. 3.
Depositions.

cases.

SEC. 1750. Every secretary of legation and consular officer is hereby authorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place, or within the limits of his legation, consulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before any other person within the Penalty for per- United States duly authorized and competent thereto. If any person jury in such shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall Evidence of be prescribed by any such act for such offense; and any document purtaking the oath. porting to have affixed, impressed, or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such Penalty for person; and if any person shall forge any such seal or signature, or forging certifi- shall tender in evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, therefor, in the district where he may be arrested or in custody. [See §§ 5392, 5393, PERJURY.]

cate of oath.

Certain

corre

SEC. 1751. No diplomatic or consular officer shall correspond in regard spondence by offi- to the public affairs of any foreign government with any private person, cers prohibited. newspaper, or other periodical, or otherwise than with the proper officers of the United States, nor recommend any person, at home or abroad, for any employment of trust or profit under the government of the country in which he is located; nor ask or accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind, from any such government. [See June 17, 1874, post.]

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