A provision of the Deficiencies Appropriation Act of July 7, 1884, ch. 334, 23 Stat. L. 237, was as follows: "And hereafter it shall not be lawful for any consular officer to appropriate to his own use or expend from the amount received from the fees of his office any sum in excess of the allowance of salary and fees directly authorized by law, and consular officers paid exclusively by fees and consuls paid in part by salary and in part by fees, shall only appropriate to their own use or expend such portion of the fees as is authorized by law."

SEC. 9. [Invoice fees to be prescribed by the President.] That fees for the consular certification of invoices shall be, and they hereby are, included with the fees for official services for which the President is authorized by section seventeen hundred and forty-five of the Revised Statutes to prescribe rates or tariffs; and sections twenty-eight hundred and fifty-one and seventeen hundred and twenty-one of the Revised Statutes are hereby repealed. [34 Stat. L. 101.]

R. S. sec. 1745 mentioned in the text is given infra, p. 48. R. S. sec. 1721 repealed by the text is noted infra, p. 35, and R. S. sec. 2851, likewise repealed, is noted under the title CUSTOMS DUTIES, vol. 2, p. 998.

SEC. 10. [Consulates to be supplied with documentary stamps - to be affixed to documents requiring notarial, etc., acts-invalidity of unstamped documents.] That every consular officer shall be provided and kept supplied with adhesive official stamps, on which shall be printed the equivalent money value of denominations and to amounts to be determined by the Department of State, and shall account quarterly to the Department of State for the use of such stamps and for such of them as shall remain in his hands. Whenever a consular officer is required or finds it necessary to perform any consular or notarial act he shall prepare and deliver to the party or parties at whose instance such act is performed a suitable and appropriate document as prescribed in the consular regulations and affix thereto and duly cancel an adhesive stamp or stamps of the denomination or denominations equivalent to the fee prescribed for such consular or notarial act, and no such act shall be legally valid within the jurisdiction of the Government of the United States unless such stamp or stamps is or are affixed and canceled. [34 Stat. L. 102.]

As to receipts for fees, see R. S. sec. 1726, infra, p. 36.

SEC. 11. [Effect.] That this Act shall take effect on the thirtieth day of June, nineteen hundred and six. [34 Stat. L. 102.]

SEC. 12. [Repeal.] That all Acts or parts of Acts inconsistent with this Act are hereby repealed. [34 Stat. L. 102.]

Sec. 1691. [Consuls, etc., not to hold office at different consulates.] No consul-general or consul shall be permitted to hold the office of consulgeneral or consul at any other consulate, or exercise the duties thereof. [R. S.]

Act of March 3, 1869, ch. 125, 15 Stat. L. 322.

Sec. 1692. This section was as follows:

"The President is authorized to appoint three interpreters of the Chinese language, who shall be entitled to compensation for their services, respectively, at a rate not to exceed fifteen hundred dollars a year, to be determined by the President, and to assign such interpreters, from time to time, to such consulates in China and with such duties as he may think proper." Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 55.

This section is repealed by the Consular and Diplomatic Appropriation Act of June 11, 1874, ch. 275, § 3, 18 Stat. L. 70, given infra, p. 40. Section 6 of the Act of 1856, ch. 127, there mentioned, forms section 1692 of the Revised Statutes given above.

Sec. 1693. [Salary of interpreter at Bangkok.] The salary of the interpreter at the consulate of Bangkok, in Siam, shall not exceed the sum of five hundred dollars a year; and no salary shall be allowed the marshal at that consulate. [R. S.]

Act of March 3, 1869, ch. 125, 15 Stat. L. 322.

By the Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, 38 Stat. L. 1117, an appropriation of $1,500 is made for an interpreter to legation and consulate-general to Bangkok, Siam.

Sec. 1694. [Consul at Trinidad de Cuba.] The President is authorized whenever in his judgment the public interest may so require, to discontinue the consulate of the United States at Trinidad de Cuba, and to appoint at Cienfuegos, in that island, a consul with the same salary and emoluments as those now allowed by law to the consul at Trinidad de Cuba. [R. S.]

Act of March 3, 1863, ch. 79, 12 Stat. L. 754.

This section is evidently superseded by the Act of April 5, 1906, ch. 1366, § 2, given supra, p. 19.

Sec. 1695. [Extent of consulates, and appointment of vice-consular officers.] The President is authorized to define the extent of country to be embraced within any consulate or commercial agency, and to provide for the appointment of vice-consuls, vice-commercial agents, deputy consuls, and consular agents, therein, in such manner and under such regulations as he shall deem proper; but no compensation shall be allowed for the services of any such vice-consul, or vice-commercial agent, beyond nor except out of the allowance made by law for the principal consular officer in whose place such appointment shall be made. No vice-consul, vice-commercial agent, deputy consul, or consular agent, shall be appointed otherwise than under such regulations as have been or may be prescribed by the President. [R. S.]

Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 57.

The provisions of this section relating to commercial agencies and vice-commercial agents were superseded by the Act of April 5, 1906, ch. 1366, § 3, supra, p. 21. The office of deputy consul was abolished by an Act of Feb. 5, 1915, ch. 23, § 6, infra, p. 45.

Al

"The claim that Congress was without power to vest in the President the appointment of a subordinate officer called a vice-consul, to be charged with the duty of temporarily performing the functions of the consular office, disregards both the letter and spirit of the Constitution. though article II, section 2, of the Constitution requires consuls to be appointed by the President by and with the advice and consent of the Senate,' the word consul' therein does not embrace a subordinate and temporary officer like that of viceconsul as defined in the statute. The appointment of such an officer is within the

grant of power expressed in the same section, saying but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law or in the heads of departments.' U. S. v. Eaton, (1898) 169 U. S. 331, 18 S. Ct. 374, 42 U. S. (L. ed.) 767.

Vice-consul acting as consul-general and minister resident. Upon the appointment of a vice-consul to perform temporarily the functions of the office during the absence of a consul-general, who also held the office of minister resident, the allowance to the vice-consul should be computed

on the salary received by the principal as minister resident and consul-general. "As the duties of the two offices have thus been inseparably blended by Congress, and presumably the performance of the function of one office embraced of necessity the discharge of the duties of the other, we do not think the accounting officers erred in treating the salary fixed for the joint service as indivisible, and in not attempting an apportionment, when Congress had failed to direct that such division be made, or to furnish the method of making it." U. S. r. Eaton, (1898) 169 U. S. 331, 18 S. Ct. 374, 42 U. S. (L. ed.) 767.

An emergency appointment as acting vice-consul was properly made by a minis

ter resident consul-general, under consular regulations promulgated with the approval of the President, where the minister resident and consul-general, being seriously ill, was granted by the President a leave of absence, and before leaving his post appointed one as acting vice-consul, and administered to him an oath faithfully to discharge the duties of the office of viceconsul, who executed official bonds which were approved by the department, and the department acknowledged his communications and acted upon them as communications from a person authorized to perform the duties of minister resident and consulgeneral in the emergency then existing. U. S. v. Eaton, (1898) 169 U. S. 331, 18 S. Ct. 374, 42 U. S. (L. ed.) 767.

Sec. 1696. [Expenses of vice-consulates and consular agencies.] The only allowance to any vice-consulate or consular agency for expenses shall be an amount sufficient to pay for stationery and postage on official letters. [R. S.]

Act of March 3, 1869, ch. 125, 15 Stat. L. 322.
Compensation of clerk. This section

does not make a consul liable for the com-
pensation of a clerk at a consular agency,
who was appointed by the President un-

der his authority to appoint consular clerks and to fix their compensation. U. S. r. Owen, (1891) 47 Fed. 797.

Sec. 1697. [Bonds of consular officers to be furnished and deposited with Secretary of the Treasury.] Every consul-general, consul, and commercial agent, before he receives his commission, or enters upon the duties of his office, shall give a bond to the United States, with such sureties, who shall be permanent residents of the United States, as the Secretary of State shall approve, in a penal sum not less than one thousand dollars, and in no case less than the annual compensation allowed to such officer, and not more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faithful accounting for, paying over, and delivering up of all fees, moneys, goods, effects, books, records, papers, and other property which shall come to his hands, or to the hands of any other person, to his use as such consul-general, consul, or commercial agent under any law, now or hereafter enacted, or by virtue of his office; and for the true and faithful performance of all other duties, now or hereafter lawfully imposed upon him as such consul-general, consul, or commercial agent. The bond herein mentioned shall be deposited with the Secretary of the Treasury. In case of a breach of any such bond, any person thereby injured may institute, in his own name and for his sole use, a suit on said bond, and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue for him in due form; but if such party fails to recover in the suit, judgment shall be rendered and execution may issue against him for costs in favor of the defendant, and the United States shall, in no case, be liable for the same. The said bond shall remain, after any judgment rendered thereon, as a security for the benefit of any person injured by a breach of the condition

of the same until the whole penalty has been recovered; and the proceeding hall always be as directed in this section. [R. S.]

This section was 66 amended to read as " above given by section 1 of the Act of Dec. 21, 1898, ch. 36, 30 Stat. L. 770. Originally it was as follows:

66

SEC. 1697. Every consul-general, consul, and commercial agent, before he receives his commission or enters upon the duties of his office, shall give a bond to the United States, with such sureties, who shall be permanent residents of the United States, as the Secretary of State shall approve, in a penal sum not less than one thousand dollars, and in no case less than the annual compensation allowed to such officer, and not more than ten thousand dollars, and in such form as the President shall prescribe, conditioned for the true and faithful accounting for, paying over, and delivering up of all fees, moneys, goods, effects, books, records, papers, and other property which shall come to his hands, or to the hands of any other person to his use as such consul-general, consul, or commercial agent, under any law now or hereafter enacted; and for the true and faithful performance of all other duties now or hereafter lawfully imposed upon him as such consul-general, consul, or commercial agent. The bonds herein mentioned shall be deposited with the Secretary of the Treasury." Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 56.

The provisions of this section relating to commercial agents were superseded by the Act of April 5, 1906, ch. 1266, § 3, supra, p. 21, which abolished this office.

By a provision of section 1 of the Consular and Diplomatic Appropriation Act of June 11, 1874, ch. 275, it was provided that:

"The bonds which consular officers who are not compensated by salaries are required by the thirteenth section of the act of August eighteenth, eighteen hundred and fiftysix, to enter into, shall hereafter be made with such sureties as the Secretary of State' shall approve." [18 Stat. L. 67.]

This provision was superseded by a provision contained in the Act of April 5, 1906, ch. 1366, § 8, given supra, p. 22, relating to the salaries of consular officers. The Act of Aug. 18, 1856, ch. 127, § 13, mentioned in the superseded provisions above given, was embodied in R. S. sec. 1697, given in the text section.

Failure to give bond. A person was appointed minister resident and consulgeneral to Hayti. He took the oath of office, but as he failed to give the official bond the President determined not to deliver the commission to him. The attorney-general advised that as he had not given the bond, he never became entitled even to demand a commission, let alone enter upon the duties of the office, from which it followed that he could not claim any of the emoluments. (1885) 18 Op. Atty. Gen. 157.

It was so held, on the same facts, in Williams . U. S., (1888) 23 Ct. Cl. 46, and the court said: "The question does not arise here whether such an officer under some circumstances, and to some extent, might not be held to have been in office and entitled to its salary from the date of his commission or from the date of his taking the oath, if within a reasonable or proper time his bond should be tendered, because the claimant never tendered a bond at any time." See Eaton's Case, under R. S. sec. 1698, following.

Overpayments on salary. A bond undertaking that the principal should "truly and faithfully discharge the duties of his said office according to law, and truly and

faithfully pay over and deliver up all moneys, etc., which shall come into his hands," makes the sureties liable for moneys that the government might overpay the principal for salary. U. S. v. Bee, (C. C. A. 1893) 54 Fed. 112, 7 U. S. App. 459, 4 C. C. A. 219.

But for purposes and objects not comprehended within his consular duties, the sureties on the bond of a consul cannot be called upon to account for moneys received by him. U. S. v. Bell, (1829) Gilp. 41, 24 Fed. Cas. No. 14,565.

Negligence of the Treasury Department does not release the sureties. "All the property of the United States is held in trust for the people, and it is now well settled upon grounds of public policy that the public interests shall not be prejudiced by the neglect of the officers or agents to whose care they are confided." U. S. v. Bee, (C. C. A. 1893) 54 Fed. 112, 7 U. S. App. 459, 4 C. C. A. 219.

Surety companies. The secretary of state may accept as sureties upon official bond of consular officers corporations organized under state or United States laws known as surety companies. . (1891) 20 Op. Atty.-Gen. 16.

Sec. 1698. [Bonds of vice-consuls.] Every vice-consul-general or viceconsul shall, before he enters on the execution of his trust, give bonds, with such sureties, who shall be permanent residents of the United States, as shall be approved by the Secretary of State, in a sum not less than two thousand dollars nor more than ten thousand dollars, conditioned for the

true and faithful discharge of the duties of his office according to law, and for truly accounting for all moneys, goods, and effects which may come into his possession by virtue of his office. The bond shall be lodged in the office of the Secretary of the Treasury. In case of a breach of any such bond, any person thereby injured may institute, in his own name, and for his sole use, a suit on said bond, and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue for him in due form; but if such party fails to recover in the suit, judg ment shall be rendered and execution may issue against him for costs in favor of the defendant, and the United States shall in no case be liable for the same. The said bond shall remain after any judgment rendered thereon as a security for the benefit of any person injured by a breach of the condition of the same until the whole penalty has been recovered; and the proceedings shall always be as directed in this section. That when suit is brought upon the bond prescribed in this or the preceding section, if the principal in the bond resides in a foreign country, the summons, or other process, may be served upon him by filing a certified copy of the same with the Secretary of the Treasury, which service shall be deemed sufficient to give the court jurisdiction over the person and property of the defendant; and the bond prescribed in this and the preceding section shall contain a condition to accept such service as sufficient to give the court jurisdiction as aforesaid. The principal shall have ninety days from he time of such service in which to enter his appearance in the action. When a copy of such summons or other process has been filed with the Secretary of the Treasury, he shall at once mail a copy thereof to the principal at his last known place of residence. [R. S.]

This section was amended to read as above given by section 2 of the Act of Dec. 21, 1898, ch. 36, 30 Stat. L. 770. Originally it was as follows:

SEC. 1698. Every vice-consul shall, before he enters on the execution of his trust, give bond, with such sureties as shall be approved by the Secretary of State, in a sum of not less than two thousand nor more than ten thousand dollars, conditioned for the true and faithful discharge of the duties of his office according to law, and for truly accounting for all moneys, goods, and effects which may come into his possession by virtue of his office. The bond shall be lodged in the office of the Secretary of the Treasury." Act of April 14, 1792, ch. 24, 1 Stat. L. 256.

The office of vice-consul-general was abolished by a provision of section 6 of the Act of Feb. 5, 1915, ch. 23, infra, p. 45.

Statutory provisions as to bonds of officers are directory and not mandatory, and there is no error in allowing one, who performs the duties of vice-consul, compensation for a period prior to the approval of

his bond by the secretary of state. U. S. v. Eaton, (1898) 169 U. S. 331, 18 S. Ct. 374, 42 U. S. (L. ed.) 767. But see Dainese's Case, (1879) 15 Ct. Cl. 64.

Sec. 1699. [Consular officers not to transact business.] No consulgeneral, consul, or consular agent receiving a salary of more than one thousand dollars a year shall, while he holds his office, be interested in or transact any business as a merchant, factor, broker, or other trader, or as a clerk or other agent for any such person to, from, or within the port, place, or limits of his jurisdiction, directly or indirectly, either in his own name or in the name or through the agency of any other person; nor shall he practice as a lawyer for compensation or be interested in the fees or compensation of any lawyer; and he shall in his official bond stipulate as a condition. thereof not to violate this prohibition. [R. S.]

This section was amended to read as above given by an Act of April 5, 1906, ch. 1366, § 6, 34 Stat. L. 101. The original provision was as follows: