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officer will be entitled to the full compensation of the office for the excess over ten days, unless the absence shall have been subsequently approved by the Department of State. If the absence shall have received such approval, the compensation will be regulated by the rules herein laid down as to other leaves of absence.
4. If a principal officer dies at his post, or if he resigns or is recalled for malfeasance, the vice-consular officer is entitled to the full compensation from the date of entering upon the duties of the office.
5. When a principal officer resigns while at his post and delivers the office to the vice-consular officer, the latter will receive the full compensation of the office from the date of entering upon its duties. When, however, the resignation is tendered while the principal officer is in the United States on leave of absence, the vice-consular officer will receive the full compensation from the date of its acceptance by the Department of State; but in this case his compensation for the period between the date of assuming the duties and that of the acceptance of the resignation will be in accordance with the foregoing rules respecting compensation during leaves of absence.
6. A vice-consul-general, vice-consul, or a vice-commercial agent designated by the diplomatic representative to fill a Vacancy, as provided for in paragraphs 107 and 108, is entitled to the compensation of the office from the date of assuming its duties.
7. No allowance has been provided by law for the compensation of a vice-consul-general, vice-consul, or vice-commercial agent, or of any subordinate officers (except consular clerks), while receiving instructions, or during transit to or from his post, or for traveling expenses.-R. S., sec. 1740.
507. Drafts of vice-consular officers.— When a vice-consular officer is authorized by his principal officer to draw the salary of the office, or any part thereof, during the absence, on leave or otherwise, of the latter, the Auditor for the State and other Departments should at once be advised, in order that any drafts therefor may be duly protected. (Paragraph 566.) No drafts of a vice-consular officer, when in charge of a consulate, will be honored at the Treasury until the bond prescribed in paragraph 43 shall have been filed.
508. Not entitled to two salaries.—When a vice-consular officer draws for and receives the salary of the principal officer on the latter's authority, he is precluded from afterwards electing to receive a salary in a subordinate capacity in order to secure the payment of both the salaries. The principal officer, by his act of authorization, relinquishes his right to the salary, although it may have been done for convenience and the money appropriated to his use.
509. Deputy consular officers.—No provision has been made for the compensation of deputy consuls-general, or deputy consuls, except from the allowance made by law for the principal consular officer. They are therefore not entitled in that character to any compensation from the Government, except as thus provided for; but their services must be paid for by the principal officer.
510. Cor sular agents.—Consular agents are entitled, as compensation for their services, to such pay from the Government as their official services to American vessels and seamen may entitle them (paragraph 520) and to such fees as they may collect under these Regulations or to so much thereof as shall be determined by the President, not to exceed $1,000 a year. And the principal officer of the consulate or commercial agency within the limits of which such consular agent is appointed is entitled only to the residue, if any, in addition to any other compensation allowed him by law for his services therein. But all money's received for fees at any vice-consulates or consular agencies of the United States beyond the sum of $1,000 in any one year, and all moneys received by any
consul-general or consul from consular agencies or viceconsulates in excess of $1,000 in the aggregate from all such agencies or vice-consulates must be accounted for to the Secretary of the Treasury and held subject to his draft or other directions.-R. S., secs. 1703, 1733; 23 Stat. L., 56, sec. 12: 71 Fed. Rep., 496.
511. Consular clerks.-Consular clerks appointed by the President receive a salary of $1,000 a year. Those who remain continuously in service for a period of five years and upward are entitled to a salary of $1,200 a year. They are also paid the actual and necessary expenses of travel between their residences and their posts of duty on appointment and return and during a transfer under orders from one post to another. They receive their salaries from the date they begin to discharge the duties to which they are assigned by the President, which date is usually simultaneous with that on which they take the oath of office.—R. S., secs. 1704, 1705; 18 Stat. L., 70, SEP, 5.
512. Consular clerk as vice-consul.- When a consular clerk appointed vice-consul acts in that character in the absence of the consul, he is entitled to the compensation of a viceconsular officer, but not in addition to the salary of consular clerk. He may in such a case elect which of the two compensations he will take.
513. Vouchers to be for actual amount paid. —When, under authority of law, or by direction of the Secretary of State, an officer employs any clerk, dragoman, interpreter, messenger, or like subordinate at the expense of the Government, the vouchers presented with the officer's quarterly accounts must show the amount actually paid to the employees. The same rule applies to all vouchers for moneys expended for any official purpose whatever; they must represent the amounts actually and necessarily paid for the purposes specified, to the exclusion of any pecuniary or material benefit directly or indirectly accruing to the officer making the expenditure and accounting therefor, or to any person other than the one signing the receipt.-R. S., secs. 3490, 5421, 5438, 5483.
Any officer so charged with the expenditure of an appropriation or an allowance who shall require any clerk or employee to receipt or give a voucher for an amount greater than that actually received by him for the official service he performs is liable to a charge of embezzlement.
514. No commissions allowed.-No consular officer is permitted to receive any additional compensation, directly or indirectly, by way of commission or otherwise, for receiving or disbursing the wages or extra wages of seamen, or for advances made to them; nor is he allowed to derive any profit from, or be interested in, the supplies of any kind furnished to seamen, or in the compensation allowed for their transportation to the United States. In the latter case, however, if a consular officer is the owner of, or is otherwise interested in, the vessel bringing the seamen home, he is not prohibited from receiving such reasonable compensation as may be provided by law for the transportation.-R. S., sec. 1719. (Paragraph 275.)
515. No extra compensation. The compensation provided by law for the several grades of consular officers is in full for all services they may be required to perform, and for all personal expenses that may be incurred under whatever law, treaty, or instructions the services may be performed.-R. S., sec. 1743.
516. Fees applicable to salaries.—Consuls who are compensated by salaries appropriated annually by Congress are authorized to pay themselves from the fees they may collect if these shall be sufficient for the purpose.
If not sufficient, a draft may be drawn at the end of each quarter for the deficiency, or for the whole quarter's salary, as the case may be. In all cases drafts for salary of consuls should be drawn upon the Secretary of the Treasury. (Paragraph 566.)
Drafts for salary and for all other accounts must be drawn only at the end of each quarter, and for amounts then due, and must be preceded or accompanied by the corresponding accounts and vouchers. But in case of need salary may be drawn before the end of the quarter, provided a certificate be attached to the draft of the amount of fees received up to the time of drawing. Only the difference between the amount of such receipt from fees and the amount of salary accrued to the date of draft must in any case be drawn for. (Paragraph 581.)
517. Fees applicable to salaries of subordinate officers. It is the custom for the principal officer to pay the salaries of consular clerks, marshals, and interpreters from the fees at the post at which they may be stationed. If these are not sufficient, a draft may be drawn by the principal officer as for other salaries (paragraph 555) to complete the payment of the marshal or interpreter; but a consular clerk shall draw for his own salary, or for such part as may not be paid out of the accumulated fees. (Paragraph 577.)
518. President to prescribe fees for official services.— The President is authorized to prescribe from time to time the rates or tariffs of fees to be charged for official services, and to designate what shall be regarded as official services, besides such as are expressly declared by law, in the business of the several consulates and commercial agencies, and to adapt the same, by such differences as may be necessary or proper, to each consulate or commercial agency; and it is the duty of all officers and persons connected with such consulates or commercial agencies to collect for such official services such and only such fees as may be prescribed for their