in a conspicuous place, and subject to the examination of all persons interested therein, a copy of such rates or tariffs as shall be in force. [R. S.] Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 57. Sec. 1732. [Excess of fees above $2,500.] Whenever the fees collected by or in behalf of any consul or commercial agent, not mentioned in Schedule B or C, amount to more than twenty-five hundred dollars in any one year, over and above such expenses of office-rent and clerk-hire as are approved by the Secretary of State, of which return shall be made to the Secretary of the Treasury, the excess for that year shall be held subject to the draft or other directions of the Secretary of the Treasury. [R. S.] Act of July 25, 1866, ch. 233, 14 Stat. L. 226. The references to commercial agents and Schedules B and C contained in the above section were superseded by the Act of April 5, 1906, ch. 1366, §§ 2 and 3, supra, pp. 19– 21, and further provisions with respect to fees were made by section 8 of that Act, supra, p. 22. Provisions similar to those of the text were made by R. S. sec. 1747, infra, p. 49. The "residue " of the fees, under R. S. sec. 1703 (noted as repealed, supra, p. 29), which the consular agent is required to pay to the principal officer of the consulate or commercial agency, is returnable in the principal's account to the secretary of the treasury, and constitutes a part of the fund out of which the maximum of $2,500 is allowed. (1866) 12 Op. Atty.-Gen. 97. Sec. 1733. [Excess of fees above $1,000.] All moneys received for fees at any vice-consulates or consular agencies of the United States, beyond the sum of one thousand dollars in any one year, and all moneys received by any consul or consul-general from consular agencies or vice-consulates in excess of one thousand dollars in the aggregate from all such agencies or vice-consulates, shall be accounted for to the Secretary of the Treasury, and held subject to his draft or other directions. [R. S.] Act of March 30, 1868, ch. 38, 15 Stat. L. 57. Resort to departmental construction.— With reference to this section, the attorney-general said: "The construction of the statute, therefore, being one of doubt, it is proper to resort to the construction which has been placed upon these provisions of law by the state department and by the department of the treasury. I am advised that the uniform method of settling the accounts of consuls and consular agents, ever since the adoption of section 1733 in its original form in the Act of 1868, has been to allow the agent to retain a sum not to exceed $1,000 a year out of fees received by him, and to allow the principal consul to receive the residue, provided such residue did not, together with similar fees received from other consular agencies or vice-consulates in his territory, exceed $1,000 a year. In view of this uniform construction, prevailing now for thirty years, I am unable to say that the law has been erroneously interpreted by the departments." (1898) 22 Op. Atty.Gen. 167. See also (1868) 12 Op. Atty.Gen. 528. Sec. 1734. [Embezzlement.] Every consular officer who willfully neglects to render true and just quarterly accounts and returns of the business of his office, and of moneys received by him for the use of the United States, or who neglects to pay over any balance of said moneys due to the United States at the expiration of any quarter, before the expiration of the next succeeding quarter, or who shall receive money, property, or effects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon him by the Secretary of State or by such citizen, his executor, administrator, or legal representative, account for and pay over all moneys, property, and effects, less his lawful fees, due to such citizen, shall be deemed guilty of embezzlement, and shall be punishable by imprisonment for not more than five years, and by a fine of not more than two thousand dollars. [R. S.] This section was amended to read as above given by the Act of Dec. 21, 1898, ch. 36, § 3, 30 Stat. L. 771. Originally this section was as follows: "SEC. 1734. Every consular officer who willfully neglects to render true and just quarterly accounts and returns of the business of his office, and of moneys received by him for the use of the United States, or who neglects to pay over any balance of such moneys due to the United States at the expiration of any quarter, before the expiration of the next succeeding quarter, shall be deemed guilty of embezzlement of the public moneys, and shall be punishable by imprisonment for not more than one year and by a fine of not more than two thousand dollars, and shall be forever disqualified from helding any office of trust or profit under the United States." Act of March 3, 1869, ch. 125, 15 Stat. L. 322. For general provisions relating to embezzlement by public officers see PENAL Laws. Sec. 1735. [Neglect of duty, etc.] Whenever any consular officer willfully neglects or omits 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. [R. S.] Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 64. Defense of official character. An action was brought against the consul-general of Egypt to recover the value of certain goods and credits which the defendant caused to be attached, in which action the declaration alleged usurpation and abuse of power. A plea by the defendant, asking the court to take judicial notice that his official character gave him the jurisdiction which he assumed to exercise, was held to be defective. While it is usual for ministers and consuls in pagan and Mohammedan countries to exercise judicial functions as between their fellow-subjects or citizens, the extent to which this power is exercised depends upon treaties and laws regulating such jurisdiction, of which the court cannot take judicial notice. Dainese v. Hale, (1875) 91 U. S. 13, 23 U. S. (L. ed.) 190. Sec. 1736. [Neglect of duty to seamen; corrupt conduct.] If any consul or commercial agent neglects or omits to perform, seasonably, the duties imposed upon him by the laws regulating the shipment and discharge of seamen, and the reclamation of deserters on board or from vessels in foreign ports, or is guilty of any malversation 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. [R. S.] Act of July 20, 1840, ch. 48, 5 Stat. L. 397. The words "commercial agent" in the text were superseded by the Act of April 5, 1906, ch. 1366, § 3, supra, p. 21, abolishing the office of commercial agent. Government not liable. By this and the preceding section, Congress addressed itself with some care to the subject of providing security against the unfaithfulness of persons holding consular offices, and this legislation accords with the wellsettled principle that the United States is not liable to its citizens for the consequences of the wrongs or shortcomings of its officers. For the action of the collector in collecting from the master the wages due to destitute seamen to pay for the necessary clothing supplied, whereas they were entitled, under R. S. sec. 4577 (see SEAMEN), to have their necessaries supplied and to be sent home at the expense of the United States, the remedy, if any, would be against the consul on his bond, and not against the United States. (1887) 19 Op. Atty.-Gen. 22. Sec. 1737. [False certificate of property.] If any consul, vice-consul, commercial agent, or vice-commercial 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. [R. S.] Act of Feb. 28, 1803, ch. 9, 2 Stat. L. 204. As to " commercial agents" and "vice-commercial agents see the note to the preceding R. S. sec. 1736. By R. S. sec. 5442, which was embodied in Penal Laws, § 70, and repealed by section 341 thereof, a penalty was provided for the false certification of any invoice or document by a consular officer. See PENAL LAWS. Sec. 1738. [When consular officers may perform diplomatic functions.] No consular officer shall exercise diplomatic functions, or hold any diplomatic correspondence or relation on the part of the United States, in, with, or to the government or country to which he is appointed, 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. [R. S.] Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 56. "When a consul is appointed charge d'affaires, he has a double political capacity; but though invested with full diplomatic privileges, he becomes so invested as chargé d'affaires and not as consul, and though authorized as consul to communicate directly with the government in which he resides, he does not thereby obtain the diplomatic privileges of a minister." In re Baiz, (1890) 135 U. S. 424. Authority of retiring minister to appoint. A retiring minister, a secretary of legation and chargé d'affaires, has no authority to appoint a consul to act as minister and consul in charge of legation," and the appointee cannot recover the salary of chargé d'affaires while so acting. Otterbourg's Case, (1869) 5 Ct. Cl. 430. Sec. 1739. [Compensation of consular officer performing diplomatic functions.] For such time as any consular officer shall be authorized to perform diplomatic functions, in the absence of the regular diplomatic 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. [R. S.] Act of Aug. 18, 1856, ch. 127, 11 Stat. L. 56. That the SEC. 3. [Interpreters to consulates in China and Japan.] President shall be, and is hereby, authorized to appoint interpreters to the consulates at Shanghai, Tien Tsin, Fowchow and Kanagawa, and to allow them salaries not to exceed, in either case, the rate of two thousand dollars a year; and to appoint interpreters to the consulates at Hankow, Amoy, Canton, and Hong-Kong, and to allow them salaries not to exceed, in either case, the rate of seven hundred and fifty dollars a year; and also to allow, at his discretion, a sum not exceeding the rate of five hundred dollars for any one year to any one consulate in China or Japan, respectively, not herein named, for expenses of interpretation; and that section six of the act entitled "An act to regulate the diplomatic and consular systems of the United States," approved August eighteenth, eighteen hundred and fifty-six, is hereby repealed. [18 Stat. L. 70.] The above section 3 and the following section 6 are from the Consular and Diplomatic Appropriation Act of June 11, 1874, ch. 275. Section 6 of the Act of Aug. 18, 1856, ch. 127, here mentioned, was carried in R. S. sec. 1692, noted supra, p. 24. The appropriation for interpreters to be employed at the consulates at these and other points for the fiscal year ending June 30, 1916, was made by the Diplomatic and Consular Appropriation Act of March 4, 1915, ch. 145, § 1, 38 Stat. L. 1125. SEC. 6. [Vice-consuls acting as consuls to receive compensation though aliens.] That any vice-consul who may be temporarily acting as consul during the absence of such consul may receive compensation, notwithstanding that he is not a citizen of the United States. [18 Stat. L. 70.] See the note to the preceding section 3 of this Act. "The provision of this section seems to have reference to that part of section 21 of the Act of 1856, ch. 127 (11 Stat. L. 60), which provided that compensation to officers mentioned in schedules B and C should not apply to the payment of any such officer who shall not be a citizen of the United States, but which was omitted from the Revised Statutes as the section was incorporated therein in section 1744." Compilers' note, 1 Supp. R. S. 14. See the Act of March 12, 1904, ch. 543, § 1, infra, p. 43. * [SEC. 1.] [Statements as to exports, imports, rates of wages, etc.] And it shall be the duty of consuls to make to the Secretary of State a quarterly statement of exports from, and imports to, the different places to which they are accredited, giving, as near as may be, the market price of the various articles of exports and imports, the duty and port charges, if any, on articles imported and exported, together with such general information as they may be able to obtain as to how, where, and through what channels a market may be opened for American products and manufactures. In addition to the duties now imposed by law, it shall be the duty of consuls and commercial agents of the United States, annually, to procure and transmit to the Department of State, as far as practicable, information respecting the rate of wages paid for skilled and unskilled labor within their respective jurisdictions. [20 Stat. L. 273.] This is from the Consular and Diplomatic Appropriation Act of Jan. 27, 1879, ch. 28. The grade of commercial agent was abolished by the Act of April 5, 1906, ch. 1366, §3, supra, p. 21. Other requirements of a somewhat similar character are contained in R. S. secs. 1712 and 1713, supra, p. 32. SEC. 12. [Consular fees for services to American vessels and seamen not permitted.] That on and after July first, eighteen hundred and eightyfour, no fees named in the tariff of consular fees prescribed by order of the President shall be charged or collected by consular officers for the official services to American vessels and seamen. Consular officers shall furnish the master of every such vessel with an itemized statement of such services performed on account of said vessel, with the fee so prescribed for each service, and make a detailed report to the Secretary of the Treasury for such services and fees, under such regulations as the Secretary of State may prescribe; and the Secretary of the Treasury shall allow consular officers who are paid in whole or in part by fees such compensation for said services as they would have received prior to the passage of this act: Provided, That such services, in the opinion of the Secretary of the Treasury have been necessarily rendered; and a sum sufficient for the payment of such compensation, when thus adjusted by the Secretary of the Treasury, is hereby appropriated out of any money in the Treasury not otherwise appropriated. [23 Stat. L. 56.] The above section 12 is from the Act of June 26, 1884, ch. 121, "to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade and for other purposes." This section superseded R. S. sec. 1720, noted supra, p. 35, and in part R. S. sec. 1718, supra, p. 34. * * [SEC. 1.] [Consuls, etc., not to receive salary of secretary or interpreter.] And hereafter no consul or consul-general shall be entitled to or allowed any part of any salary appropriated for payment of a secretary or second secretary of legation or interpreter. [23 Stat. L. 329.] This is from the Consular and Diplomatic Appropriation Act of Feb. 25, 1885, ch. 150. SEC. 5. [Returns to be prescribed by Comptroller of Treasury.] The returns of fees mentioned in section seventeen hundred and twenty-five of the Revised Statutes shall be made as prescribed by the Comptroller of the Treasury. [28 Stat. L. 206.] This is the latter part of section 5 of the Legislative, Executive and Judicial Appropriation Act of July 31, 1894, ch. 174. R. S. sec. 1725 above mentioned is given supra, p. 36. An Act To prevent any consular officer of the United States from accepting any appointment from any foreign state as administrator, guardian, or to any other office of trust, without first executing a bond, with security, to be approved by the Secretary of State. [Act of June 30, 1902, ch. 1331, 32 Stat. L. 546.] [SEC. 1.] [Consular officers accepting positions of trust-bond, etc.] That no consular officer of the United States shall accept an appointment |