Art. XVIII. Art. XIX. Manifests to be produced. Quarantine. Consul's duty. Refusal to take bill of health. voluntary emigration, nor to impress upon them the importance of rigid personal examinations of all such classes of emigrants, in order to insure that there shall be no violations of the law. ARTICLE XIX. Miscellaneous Duties in Regard to Vessels and MANIFESTS. 232.. The statute to regulate the collection of duties on imports and tonnage, relating to manifests, apply as well to vessels owned in whole or in part by foreigners as to vessels of the United States; and Consular Officers are therefore instructed to inform the masters of all vessels leaving their ports for the United States that they are required to produce manifests in accordance with the provisions of law to regulate the collection of duties on imports and tonnage. BILLS OF HEALTH. 233.. The Metropolitan Board of Health of the city of New York has called the attention of the Department to the difficulty which the quarantine authorities of that city experience in obtaining prompt and reliable information with regard to the sanitary condition of places from which ships or immigrants come to that port, and it has requested the assistance of this Department in obtaining such information. 234..Consular Officers are therefore instructed to advise the masters of all vessels leaving their ports for New York, that the health authorities of that port require the presentation of consular bills of health by vessels arriving from foreign ports, and that, in the absence of clean bills of health, they will be treated as coming from infected ports. 235.. They will not detain a vessel for refusal to take a bill of health, but will advise the health-officers of the port to which the vessel sails of such refusal. They will also keep the health-officers of the different ports advised of the sanitary condition of their consular districts; and when unable to give clean bills of health, they will state their reasons for refusing them, by direct communication, either by the vessel or mail, as may be most speedy. Art. XIX. 236..They will take special care that the bills of Care to be taken health given, and the reports made, are upon information which they are satisfied is entirely reliable. (See Form No. 36.) PASSENGERS FROM MEXICO OR CENTRAL AMERICA. be verified. 237.. The attention of Consular Officers in Mexico Passenger-list to and Central America is called to the regulation of law concerning the carriage of passengers in steamships and other vessels. It will be perceived that the passenger-lists required to be kept by the commanders of American vessels visiting the ports of those countries must be verified, not only by the master's oath, but also by the inspection of the Consular Officer, and a copy thereof, so verified, transmitted to the collector of the port of the United States from which the vessel last cleared. The Consular Officers concerned will not fail to observe that their faithful co-operation is necessary to the due enforcement of this provision of law. PROTESTS. 238..Consular Officers have the right, in the ports or places to which they are appointed, to receive the protests or declarations which such captains, masters, crews, passengers, and merchants as 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 citizens of the United States; and copies of such acts, duly authenticated by the Consular Officer under his official seal, are to receive faith in law equally as their originals would in all courts of the United States. The nature of these instruments will depend in each case upon the particular facts to be protested against. (For general forms see Nos. 37, 38, and 39.) Right of protest. Art. XIX. Mutiny and insubordination. Local aid. Idiots, criminals, and paupers. Surveys. MUTINY AND INSUBORDINATION. 239..If American seamen on board of a vessel of the United States either arrive at a port in a state of mutiny, or a mutiny occurs in port which cannot be quelled by the captain, and the captain cannot navigate his ship to the United States with the mutineers on board, the Consular Officer should, if the laws of the country permit, cause the mutineers to be confined and sent home for trial, unless, in his judgment, the ends of justice will be best subserved by discharging them, in view of unjustifiable cruelty of the captain, or other provocation; and, in the latter case, he will be careful to report to the Department at length the reasons for his course. 240..It is probable that if he seeks to arrest and detain the offenders he will have to ask for the aid of the local authorities, in which case, if there be treaty provisions, they should be carefully examined. (See Forms 31, 32, 40, and 41.) DEPORTATION OF CONVICTS AND IMBECILE PAUPERS TO THE UNITED STATES. 241..It has been seen with regret that in foreign countries municipal corporations, private societies for reforming offenders, directors of alms-houses, and even private individuals, have not been restrained by their governments from sending to the United States convicts, or discharged convicts, or lunatics, or idiots, or imbecile paupers, unable to maintain themselves. Consuls are enjoined to exert an active vigilance to prevent such acts. Should any vessel of the United States, within his jurisdiction, attempt to transport such persons to the United States, he will endeavor to prevent the master from doing so. Should a foreign vessel attempt to do so, he will by earliest mail notify the collector of the port in the United States for which such vessel is bound. (See also post paragraph 286.) SURVEY OF VESSELS. 242.. A Consul is often applied to for the authorization of a survey of a vessel-as in the case of a wreck, or of the damaged or unseaworthy condition of the vessel. At ports where there is a recognized agent of the American underwriters the Consul will co-operate with him. The general mode of proceeding in such cases is shown in Forms Nos. 42, 43, 44, 45, 46, 47, 48, 49, 50, and 51. Art. XIX. 243..In case a Consul is called upon to give certi- Copies. fied copies of such instruments, he may follow Form No. 52. 244..If the vessel is in a sinking condition and cannot be saved, he may apply to the authorities to know where she shall be grounded. (Form No. 53. ) REPAIR OR SALE OF VESSELS BY MASTERS. 245..After the estimate of damage, the master may endeavor to borrow on bottomry the necessary funds for repairs, and in case of inability to do so may be forced to sell the vessel. The proceedings in such cases are shown in Forms 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, and 67. 246..In case the necessary funds are procured, and a bottomry-bond is given, acknowledged before the Consul. (Forms No. 68, 69, 70, 71, 72, and 73.) 247..The Consul will be careful to note that such of these forms as relate to unofficial documents, as well as those referred to in paragraph 248, are given not for his guidance, but for his general information. The Department assumes no responsibility for their correctness in any particular case in which they may be used. Grounding of vessel. Repair of dam ages. Bottomry bonds. Upofficial forms. MISCELLANEOUS DUTIES. 248..It has been customary to give to the Consular Various forms. Officers a variety of forms, to aid them in their business intercourse with masters and seamen which sufficiently explain themselves without the necessity of instructions. For declaration of a master in case of death or loss of a mariner, see Form No. 74; of same to correctness of log-book, see Form No. 75; of same to ship's bills for repairs, see Form 76; for certificate in case of Art. XIX. Art. XX. Jurisdiction is by treaty or permission. Consul's duty Wills. deviation of voyage, see Form No. 77; for certificate of ownership of a vessel, see Form No. 78; for crew-list, when required by port authorities, see Form No. 79; for order to pay seaman's wages at home, see Form No. 80; for master's acknowledgment to the same, see Form No. 81; for certificate of shipment of seamen, see Form No. 82; for master's agreement to increase wages, see Form No. 83; and for form to be used when shipwrecked seamen are picked up at sea and conveyed to any port, see Form No. 84. ARTICLE XX. Estates of Citizens and Seamen Dying Without the 249.. Consular officers have no jurisdiction, as such, over the estate of citizens of the United States who may die within their jurisdiction, unless by permission of the local authorities, or by virtue of treaties or conventions. They should not attempt to exercise jurisdiction over the partnership property of a deceased citizen of the United States until the dissolution of the firm and settlement and liquidation of partnership debts. 250..It is made their duty by law whenever a citizen of the United States, other than seamen belonging to any ship or vessel, shall die within the consular district, to take possession of his effects, and to sell at public auction such part of them as may be of a perishable nature, and such further part as may be necessary for the payment of the debts of the deceased. 251..And it is further provided that if any citizen of the United States dying abroad shall, by any lawful testamentary disposition, leave special directions for the custody and management, by the Consular Officer of the port or place where he shall die, of the personal property of which he shall die possessed in the country, it shall be the duty of such officer, so far as the law of the country will permit, strictly to observe such directions; and if any American citizen so dying shall, by any lawful testamentary disposition, |