Consular Advances Act, 1825

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CONSULAR ADVANCES ACT 1825

CHAPTER LXXXVII.

An Act to regulate the Payment of Salaries and Allowances to British Consuls at Foreign Ports, and the Disbursements at such Ports for certain public Purposes. [5th July 1825.]

[Preamble.]

His Majesty may grant salaries to consuls.

[1.] It shall and may be lawful for his Majesty, by an order or orders to be issued by and with the advice of his privy council, to grant to all or any of the consuls general or consuls appointed by his Majesty to reside within any of the dominions of any sovereign or foreign state or power in amity with his Majesty such reasonable salaries as to his Majesty shall seem meet, and by and with such advice as aforesaid from time to time to alter, increase, or diminish any such salaries or salary as occasion may require.

Terms on which salaries shall be granted.

Leave of absence.

2. Such salaries shall be issued and paid to such consuls general and consuls without fee or deduction: Provided always, that all such salaries as aforesaid be granted for and during his Majesty’s pleasure, and not otherwise, and be held and enjoyed by such consuls general and consuls as aforesaid so long only as they shall be actually resident at the places at which they may be so appointed to reside and discharging the duties of such their offices: Provided nevertheless, that in case his Majesty shall, by any order to be for that purpose issued through one of his principal secretaries of state, grant to any such consul general or consul as aforesaid, leave of absence from the place to which he may be so appointed as aforesaid, such consul general or consul shall be entitled to receive the whole, or such part as to his Majesty shall seem meet, of the salary accruing due and payable during and in respect of such period as aforesaid.

Salaries so granted to be in lieu of salaries and fees formerly paid.

Consuls not to take, on account of their services, any other than the fees hereinafter mentioned.

3. The salaries so to be granted by his Majesty as aforesaid shall be taken and received by the said consuls general and consuls in lieu of and as a composition for all salaries heretofore granted to them or any of them, and all fees to office and gratuities heretofore demanded, received, or taken by them of or from the masters or commanders of British ships and vessels, or of or from any other persons or person, for or in respect of any duties or services by such consuls general or consuls done, performed, or rendered, for or to any such masters or commanders, or other person or persons as aforesaid; and no such consuls general or consuls as aforesaid shall be entitled, for or by reason or an account of any act, matter, or thing by him done or performed in the execution of such his office, or for or on account of any service by him rendered to any masters or commanders of British ships or vessels, or to any other person or persons, in the execution of such his office, to ask, demand, have, receive, or take any fees, recompence, gratuity, compensation, or reward, or any sum or sums of money, save as herein-after is excepted.

Certain fees allowed to be taken as mentioned in the tables (A.) and (B.) annexed.

Fees may be altered or abolished by order in council.

4. Provided always, that it shall and may be lawful for all consuls general and consuls appointed by his Majesty, and resident within the dominions of any sovereign or any foreign state or power in amity with his Majesty, to accept, take, and receive the several fees particularly mentioned in the tables to this present Act annexed, marked with the letters (A.) and (B.), for and in respect or on account of the several matters and things and official acts and deeds particularly mentioned in the said schedules; and that it shall and may be lawful for his Majesty, by any order or orders to be by him made, by and with the advice of his privy council, from time to time, as occasion may require, to increase or diminish, or wholly to abolish, all or any of the fees aforesaid, and to establish and authorize the payment of any greater or smaller or new or additional fees or fee, for or in respect of the several matters and things mentioned in the said schedules or any of them, or for or in respect of any other matters or things, or matter or thing, to be by any such consul general or consul done or performed in the execution of such his office.

Penalty on consuls demanding other fees than those specified in the schedule or in any order in council.

5. In case any consul general or consul, appointed by his Majesty as aforesaid, shall, by himself or deputy, or by any person authorized thereto in his behalf, ask, demand, receive, take, or accept, for or by reason or on account of any matter or thing by him done or performed in the execution of such his office, or for or an account or under pretence or by reason of any service or duty by him rendered, done, or performed in such his office for any person or persons whomsoever, any other or greater fee, reward, gratuity, gift, or remuneration than is mentioned and specified in the said schedule, or than shall be sanctioned and specified in or by any such order or orders in council as aforesaid, the person or persons so offending shall forfeit and become liable to pay to his Majesty, any sum of sterling British money, not exceeding the amount of the salary of such person for one year, nor less than the twelfth part of such annual salary, at the discretion of the court in which such penalty may be recovered, and shall moreover upon a second conviction for any such offence forfeit such his office, and for ever after become incapable of serving his Majesty in the same or the like capacity.

Tables of fees to be exhibited at custom houses;

copies to be given to masters of ships.

6. A printed copy of the tables of fees allowed by this Act, or which may or which may or shall be sanctioned or allowed by any order to be made in pursuance of this Act by his Majesty in council, shall be exhibited in a conspicuous manner for the inspection of all persons in the custom house in the port of London, and in all other custom houses in the several ports and harbours of the United Kingdom of Great Britain and Ireland; and printed copies thereof shall, by the collector or other chief officer of customs in all such ports and harbours as aforesaid, be delivered gratuitously and without fee or reward to every master or commander of any ship and vessel clearing out of any such port or harbour, and demanding a copy thereof.

Tables to be exhibited at consul’s office.

Penalty for neglect

7. A copy of the said schedule or table of fees to this present Act annexed, or which may be established and authorized by any such order or orders in council aforesaid, shall be hung up and exhibited in a conspicuous place in the public offices of all consuls general or consuls appointed by his Majesty, in the foreign ports or places to which they may be so appointed, for the inspection of all persons interested therein; and any consul general or consul omitting or neglecting to exhibit any such copy of the said schedules in such his public office, or refusing to permit the same to be inspected by any person or persons interested therein, shall for every such offence forfeit and pay a sum of British sterling money not exceeding one half the amount of the salary of such person for one year, nor less than the twelfth part of such annual salary, at the discretion of the court in which such penalty may be recovered.

[S. 8 extending the provisions of 50 Geo. 3. c. 117., 3 Geo. 4. c. 113., and 5 Geo. 4. c. 104., to consuls general and consuls, rep. 4 & 5 Will. 4. c. 24. s. 8.]

Special allowances to consuls prevented by war from residing at the appointed places.

9. Provided always, that if it shall at any time happen that by reason of any war which may hereafter arise between his Majesty and any sovereign or foreign state or power, within the dominions of whom any such consul general or consul as aforesaid shall be appointed to reside, he shall be prevented from residing, and shall in fact cease to reside at the place to which he may be so appointed, it shall and may be lawful for his Majesty, by any order to be issued by and with the advice of his privy council, to grant to any such consul general or consul, who may have served his Majesty, in that capacity for any period not less than three years nor more than ten years next preceding the commencement of any such war as aforesaid, a special allowance, not exceeding the proportion of their respective salaries to which such consuls general and consuls would be entitled under the provisions of the said recited Act of the third year of his present Majesty’s reign, in case the period of their respective service had exceeded ten years and had not exceeded fifteen years: Provided always, that in case any such consul general or consul shall have served in such his office for the space of ten years and more, it shall and may be lawful for his Majesty, by any such order in council as aforesaid, to grant to him or them such a proportion of his or their respective salaries, which by the said recited Act is authorized to be granted as a superannuation allowance, according to the several periods of service exceeding ten years in the said Act of the third year of his present Majesty’s reign.

In foreign ports and places, where a chaplain is appointed and maintained by subscription, consuls authorized to advance for support of churches and chapels, &c. a sum equal to the amount subscribed.

Account of sums advanced to be transmitted to secretary of state, and sums so advanced to be allowed.

10. And whereas churches and chapels for the performance of divine service according to the rites and ceremonies of the united Church of England and Ireland, or of the Church of Scotland, have been erected, and proper grounds have been appropriated and set apart for the interment of the dead, in divers foreign ports and places, and chaplains have been appointed for the performance of divine service in the said churches and chapels, and are now resident in such foreign ports and places; and it is expedient to afford encouragement for the support of the churches and chapels so erected as aforesaid, and to promote the erection of other churches and chapels in foreign ports and places to which his Majesty’s subjects may resort, and wherein they may be resident in considerable numbers, for the purposes of trade or otherwise; Be it therefore enacted, that at any foreign port or place in which a chaplain is now or shall at any future time be resident and regularly employed in the celebration of divine service according to the rites and ceremonies of the united Church of England and Ireland, or of the Church of Scotland, and maintained by any voluntary subscription or rate levied among or upon his Majesty’s subjects resorting to or residing at such foreign port or place, or by any rate or duty levied under the authority of any of the Acts herein-after repealed,[¹] it shall and may be lawful for any consul general or consul, in obedience to any order for that purpose issued by his Majesty through one of his principal secretaries of state, to advance and pay from time to time, for and towards the maintenance and support of any such chaplain as aforesaid, or for and towards defraying the expenses incident to the due celebration of divine service in any such churches and chapels, or for and towards the maintaining any such burial grounds as aforesaid, or for and towards the interment of any of his Majesty’s subjects in any such burial grounds, any sum or sums of money not exceeding in any one year the amount of the sum or sums of money which during that year may have been raised at such port or place, for the said several purposes or any of them, by any such voluntary subscription or rate as aforesaid; and every such consul general or consul shall, once in each year, transmit to one of his Majesty’s principal secretaries of state an account, made up to the thirty-first day of December in the year next preceding, of all the sums of money actually raised at any such port or place as aforesaid, for the several purposes aforesaid or any of them, by any such voluntary subscription or rate as aforesaid, and of all sums of money by him actually paid and expended for such purposes or any of them, in obedience to any such orders as aforesaid, and which accounts shall by such principal secretary of state be transmitted to the Treasury, who shall give to any such consul general or consul as aforesaid credit for all sums of money, not exceeding the amount aforesaid, by them disbursed and expended in pursuance of any such order as aforesaid, for the purposes before mentioned, or any of them.

Where voluntary contributions are made towards erecting, &c. churches, or hospitals, or providing burial grounds, in any place where consuls are resident, such consuls may advance a sum equal to the amount of such contributions.

11. In case any of his Majesty’s subjects shall by voluntary subscriptions among themselves raise and contribute such a sum of money as shall be requisite for defraying one half part of the expense of erecting, purchasing, or hiring any church or chapel or building, to be appropriated for the celebration of divine service according to the rites and ceremonies of the united Church of England and Ireland, or of the Church of Scotland, or for defraying one half part of the expense of erecting, purchasing, or hiring any building to be used as a hospital for the reception of his Majesty’s subjects, or for defraying one half of the expense of purchasing or hiring any ground to be used as a place of interment for his Majesty’s subjects, at any foreign port or place wherein any consul general or consul appointed by his Majesty shall be resident, then and in any such case it shall and may be lawful for such consul general or consul, in obedience to any order to be for that purpose issued by his Majesty through one of his principal secretaries of state, to advance and pay, for and towards the purposes aforesaid or any of them, any sum or sums of money, not exceeding in the whole in any one year the amount of the money raised in that year by any such voluntary contribution as aforesaid; and every such consul general or consul as aforesaid shall in like manner once in every year transmit to one his Majesty’s principal secretaries of state an account, made up to the thirty-first day of December in the year next preceding, of all the sums of money actually raised at any such port or place as aforesaid, for the several purposes aforesaid, or any of them, by any such voluntary subscription as aforesaid, and of all sums of money by him actually paid and expended for such purposes or any of them, in obedience to any such orders as aforesaid, and which accounts shall by such principal secretary of state be transmitted to the Treasury, who shall give to such consuls general or consuls credit for all sums of money, not exceeding the amount aforesaid, by him disbursed and expended in pursuance of any such order as aforesaid, for the purposes before mentioned, or any of them.

No sum to be advanced towards such erection, &c. until an estimate has been transmitted to and approved by his Majesty, and the voluntary subscriptions have been actually paid, or security for payment given.

12. Provided always, that no such order shall be issued as aforesaid through any of his Majesty’s principal secretaries of state authorizing the expenditure of money for the erection, purchase, or hiring of any such new church or chapel or hospital as aforesaid, or for the purchase or hiring of any such new burial ground as aforesaid, unless and until such consul general or consul shall first have transmitted to his Majesty, through one of his Majesty’s principal secretaries of state, the plan of such intended church or chapel, hospital, or burial ground, with an estimate, upon the oath of some one or more competent person or persons, stating the probable expense of and incident to the erection, purchase, or hiring of any such church, chapel, hospital, or burying ground as aforesaid, and unless and until his Majesty shall have signified through one of his said principal secretaries of state, his approbation of the said plan and estimate: Provided also, that no money shall actually be disbursed by any such consul general or consul as aforesaid, for any of the purposes aforesaid, unless and until the money to be raised by any such voluntary subscription as aforesaid be actually paid up and invested in some public or other sufficient security, in the joint names of such consul general or consuls and two trustees appointed for that purpose by the persons subscribing the same, or unless and until two or more of such subscribers shall enter into good and sufficient security to his Majesty, by bond, or otherwise, that amount of such subscriptions shall actually be paid for the purposes aforesaid, by a certain day to be specified in every such bond or security, and which bond or security shall be preserved in the office of such consul general or consul, and shall by him be cancelled and delivered back to the parties entering into the same, their heirs, executors, or administrators, when and so soon as the condition thereof shall be fully performed and satisfied.

Salaries to chaplains not to exceed the sums herein mentioned.

Chaplains, how to be appointed.

13. Provided also, that the whole salary of any chaplain heretofore appointed or to be appointed to officiate in any such church or chapel in any foreign port or place in Europe shall not exceed in the whole five hundred pounds by the year, or in any foreign port or place not in Europe eight hundred pounds by the year: Provided also, that all such chaplains shall be appointed to officiate as aforesaid by his Majesty, through one of his principal secretaries of state, and shall hold such their offices for and during his Majesty’s pleasure, and no longer.

Meetings of subscribers to churches, chapels, &c.

14. All consuls general and consuls appointed by his Majesty to reside, and being resident at any foreign port or place wherein any such church or chapel or other place appropriated for the celebration of divine worship, or hospital, or any such burial ground as aforesaid, hath heretofore been or shall hereafter be erected, purchased, or hired, by the aid of any voluntary subscription or rates collected by or imposed upon his Majesty’s subjects, or some person or persons for that purpose duly authorized by any writing under the hand and seal of any such consul general or consul, shall, once at the least in every year, and more frequently if occasion shall require, by public advertisement, or in such other manner as may be best adapted for insuring publicity, convene and summon a meeting of all his Majesty’s subjects residing at such foreign port or place as aforesaid, to be holden at the public office of such consul general or consul, at some time not more than fourteen days nor less than seven days next after the publication of any such summons; and it shall and may be lawful for all his Majesty’s subjects residing or being at any such foreign port or place as aforesaid at the time of any such meeting, and who shall have subscribed any sum or sums of money not less than twenty pounds in the whole, nor less than three pounds by the year, for or towards the purposes before mentioned, or any of them, and have paid up the amount of such their subscriptions, to be present and up the amount of such their subscriptions, to be present and vote at any such meetings; and such consuls general or consuls shall preside at all such meetings; and in the event of the absence of any such consuls general or consuls, the subscribers present at any such meeting shall, before proceeding to the dispatch of business, nominate one of their number to preside at such meeting; and all questions proposed by the consul general, consul, or person so nominated as aforesaid to preside in his absence, to any such meeting, shall be decided by the votes of the majority in number of the persons attending and being present thereat; and, in the event of the number of such votes being equally divided, the consul general, consul, or person so presiding in his absence, shall give a casting vote.

General meetings may establish rules for the management of such churches, &c., subject to the sanction of the consul, who shall transmit the same for his Majesty’s approbation.

15. It shall and may be lawful for any such general meeting as aforesaid to make and establish, and from time to time, as occasion may require, to revoke, alter, and render, such general rules, orders and regulations as may appear to them to be necessary for the due and proper use and management of such churches, chapels, hospitals, and burial grounds as aforesaid, or for the proper control over and expenditure of the money raised by any such subscription as aforesaid, or otherwise in relation to the matters aforesaid, as may be necessary for carrying into execution the objects of this Act so far as relates to those matters, or any them: Provided always, that no such rule, order, or regulation as aforesaid shall be of any force or effect unless or until the same shall be sanctioned and approved by the consul general or consul for the time being appointed by his Majesty to reside, and actually resident, at such foreign port or place; and provided also, that the same shall by such consul general or consul be transmitted by the first convenient opportunity for his Majesty’s approbation; and that it shall and may be lawful for his Majesty, by any order to be by him issued through one of his principal secretaries of state, either to confirm or disallow any such rules, orders, and regulations, either in the whole or in part, and to make such amendments and alterations in or additions to the same, or any of them, as to his Majesty shall seem meet, or to suspend for any period of time the execution thereof or any of them, or otherwise to direct or prevent the execution thereof, or any of them, in such manner as to his Majesty shall seem meet; and all orders so to be issued by his Majesty, in relation to the matters aforesaid, through one of his principal secretaries of state, shall be recorded in the office of the said consul general or consul at the foreign port or place to which the same may refer, and shall be of full force, effect, and authority upon and over all his Majesty’s subjects there resident.

[Ss. 16, 17 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Consuls to have credit for money disbursed for shipwrecked and distressed persons.

18. All consuls general and consuls shall be allowed and have credit in any accounts by them rendered, through one of his Majesty’s principal secretaries of state to the Treasury for all such sums of money as shall by any such consul general or consul be disbursed and expended towards the succour and relief mariners shipwrecked and taken in war, or other distressed persons being subjects of his Majesty, and resorting to the port or place at which any such consul general or consul may be appointed to reside: Provided always, that such sums of money be so disbursed and expended in pursuance of and in conformity to any special or general rules and regulations to be for that purpose made and prescribed by his Majesty, by any order or orders to be by him for that purpose issued, by and with the advice of his privy council; and that an account of the particulars of all such expenditure shall by the first convenient opportunity be transmitted by such consul general or consul for his Majesty’s information, through one of his principal secretaries of state.

Copies of orders, accounts of salaries paid, and estimates for coming year to be laid before Parliament annually.

1 Geo. 4. c. 1.

19. Within six weeks next after the commencement of each session of Parliament there shall be laid before both Houses of Parliament copies of all orders which may have been made since the commencement of the last preceding sessions of Parliament, by his Majesty, with the advice of his privy council, in pursuance of this Act, together with an account of all salaries which since the commencement of such next preceding session of Parliament may have been granted by his Majesty to any consuls general or consuls by virtue or in pursuance of this Act, together with an estimate specifying the total amount of the money to be required for the payment of the salaries of all such consuls general or consuls respectively, for one year from the fifth day of January preceding the date of such estimate, and also for all contingent charges and expenses connected with the public duties and establishments of such consuls general or consuls, after deducting the amount provided on account of the payment of such consuls general or consuls out of the money applicable under the third class of his Majesty’s civil list, as specified in the schedule annexed to an Act made in the first year of his Majesty’s reign, intituled “An Act for the support of his Majesty’s household, and for the honour and dignity of the Crown of the United Kingdom of Great Britain and Ireland.”

[S. 20 rep. 52 & 53 Vict. c. 10. s. 12.]

Recovery of penalties

21. All penalties incurred under or imposed by this Act shall and may be sued for, prosecuted, and recovered by any person or persons who may sue for the same, by action or information in any of his Majesty’s courts of record at Westminster, in the name of his Majesty’s attorney general.

[S. 22 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

TABLES to which this Act refers.

Table (A.)

Table (B.)

[¹ S. 16 repealed 8 Geo. 1. c. 17., 9 Geo. 2. c. 25., 10 Geo. 2. c. 14., & 54 Geo. 3. c. 126.]