lect.

28 Feb. 1903. pay five hundred dollars, (a) to be recovered by the said consul, vice-consul, commercial Penalty for neg agent or vice-commercial agent, in his own name, (b) for the benefit of the United States, in any court of competent jurisdiction; and it shall be the duty of such consul, viceTo be returned consul, commercial agent or vice-commercial agent, on such master or commander proon production of clarance, &c. ducing to him a clearance from the proper officer of the port where his ship or vessel may be, to deliver to the said master or commander all of his said papers: Provided, Such master or commander shall have complied with the provisions contained in this act, and those of the act to which this is a supplement.

Ibid. 3.

ports, certified Copy of list of ship's company

consul.

Three months

to him.

of seamen.

Ibid. 4.

5. Whenever a ship or vessel belonging to a citizen of the United States, shall be sold On discharge of in a foreign country, and her company discharged, (c) or when a seaman or mariner, a seamen in foreign citizen of the United States, (d) shall, with his own consent, (e) be discharged in a foreign country, it shall be the duty of the master or commander to produce to the consul, viceto be produced to consul, commercial agent or vice-commercial agent, the list of his ship's company, certified as aforesaid; and to pay to such consul, vice-consul, commercial agent or vicecommercial agent, for every seaman or mariner so discharged, being designated on such list as a citizen of the United States, three months' pay,(g) over and above the wages wares to be paid which may then be due to such mariner or seaman, (h) two-thirds thereof to be paid by such consul or commercial agent, to each seaman or mariner so discharged, upon his How distributed. engagement on board of any vessel to return to the United States, and the other remaining third to be retained for the purpose of creating a fund for the payment of the passages of seamen or mariners, citizens of the United States, who may be desirous of returning Fund for return to the United States, and for the maintenance of American seamen who may be destitute, and may be in such foreign port, and the several sums retained for such fund shall be accounted for with the treasury every six months by the persons receiving the same. 6. It shall be the duty of the consuls, vice-consuls, commercial agents, vice-commercial agents of the United States, from time to time, to provide for the mariners and seamen of the United States, (i) who may be found destitute within their districts respectively, (4) sufficient subsistence and passage to some port in the United States, in the most reasonable manner, at the expense of the United States, subject to such instructions as the secretary of state shall give; and that all masters and commanders of vessels belonging to citizens of the United States, and bound to some port of the same,(7) are hereby required and enjoined to take such mariners or seamen on board of their ships or vessels, (m) at the request of the said consuls, vice-consuls, commercial agents, or vicecommercial agents respectively, and to transport them to the port in the United States to which such ships or vessels may be bound, on such terms not exceeding ten dollars for each person, (n) as may be agreed between the said master and consul, or commercial agent. And the said mariners or seamen shall, if able, be bound to do duty on board such ships or vessels according to their several abilities:(0) Provided, That no master or captain of any ship or vessel shall be obliged to take a greater number than two men to every one hundred tons burthen of the said ship or vessel, on any one voyage; and if any such captain or master shall refuse the same on the request or order of the consul, vice-consul, commercial agent or vice-commercial agent, such captain or master shall forfeit and pay the sum of one hundred dollars for each mariner or seaman so refused, to be recovered for the benefit of the United States in any court of competent jurisdic

To provide for and send home destitute sea

men.

Masters to receive them on board.

Terms.

To do duty, if able.

Penalty for refusal to receive them.

(a) The penalty must be sued for within two years, under act 30 April 1790 32. (1 Stat. 119.) this not being a revenue law within the meaning of the act 26 March 1804 3, (2 Stat. 290.) Parsons v. Hunter, 2 Sumn. 419.

(b) The proper remedy is an action of debt, in the name of the consul; not an information. Parsons v. Hunter, 2 Sumn. 419. 7 Opin 394.

(c) The payment of three months' wages under this act is confined to cases of the voluntary discharge of seamen in a foreign port; it has no application to cases where the discharge has resulted from inevitable necessity or superior force, such as a total loss by capture, tempest or other fortuitous occurrence. The Saratoga, 2 Gall. 181. Pool v. Welsh, Gilp. 193. The Dawn, Ware, 485. 8. C., Daveis, 121. Brown . The Independence, Crabbe, 55. 1 Opin. 148. 2 Ibid. 418. 6 Ibid. 622. But if the vessel is sold in consequence of a disaster at sea, the owners will not be exempted from the payment of the extra wages, if the vessel can be repaired at a reasonable expense and in a reasonable time; and the burden of proof to show that she could not be so repaired, is upon the owners. The Dawn, Ware, 485. And see Wells &. Meldrun, 1 Bl. & How. 342. Shakerly v. Pedrick, Crabbe, 63. 1 Opin. 593.

(d) The provisions of this act are confined to vessels owned by citizens of the United States, and constituting a part of our mercantile marine, by sailing under our flag. American seamen in foreign vessels must lock to the laws of the country under whose flag they sail, for remuneration and protection in such emergencies. 2 Opin. 448. See Orne v. Townsend, 4 Mas. 541. (e) See infra, 8, 19.

(9) The act establishes a necessary connexion between the three months' pay to be advanced to the consul, and the rate of wages then accruing to the seaman. 2 Opin. 256.

(h) If the seamen are discharged in a foreign port without such payment to the consul, the court will, on a libel of the seainen,

compel the owner to pay the three months' wages, two-thirds to the seamen, and the other third for the use of the United States. Pool r. Welsh, Gilp. 193. Emerson v. Howland. 1 Mas, 45. Orve v. Townsend. 4 Ibid. 541. Or the seamen may recover two months' wages in an action against the master in their own names. Wells v. Meldrun, 1 B1. & How. 342.

(i) This does not extend to seamen on board of vessels of war of the United States. 3 Opin. 683, 685. But foreigners, while employed as seamen in the merchant ships of the United States, are deemed to be "mariners and seamen of the United States. within the language and policy of the act. Matthews v. Offley. 3 Sumn. 116. And so are American seamen shipped in a British vessel. and, in consequence of its being wrecked, left in a foreign port destitute. 5 Opin. 547.

(k) The fact of desertion from an American ship-whether she be in port or not at the time when the seaman becomes de-titutedoes not supersede the authority of the consul to require another American ship to bring him to the United States. Matthews Offley, 3 Sumn. 116. Shipmasters are bound, on the requisition of the consul, to convey to the United States distressed mariners; but not those accused of crime, and sent home for prosecution. 7 Opin. 722.

(This is limited to such vessels as shall be bound from the port where the request is made, direct to some port of the United States. 4 Opin. 185.

(m) The consul is the proper judge as to the ship on board of which such destitute seaman should be placed for his return to the United States. Matthews v. Offley, 3 Sumn. 116.

(n) By act 28 February 1811, they are to be allowed in addition, such reasonable compensation as shall be deemed equitable by the comptroller of the treasury. 2 Stat. 651.

(0) They are bound by the same obligations which exist in cases of articled seamen. United States v. Sharp, Pet. C. C. 118.

tion.(a) And the certificate of any such consul or commercial agent, given under his hand and official seal, shall be primâ facie evidence of such refusal (b) in any court of law having jurisdiction for the recovery of the penalty aforesaid.

28 Feb. 1803.

5 Stat. 395.

seamen shipped

7. Whenever any master shall ship a mariner in a foreign port, he shall forthwith take 20 July 1840 88. the list of his crew and the duplicate of the shipping articles to the consul, or person who discharges the duties of the office at that port, who shall make the proper entries Consuls to enter thereon, setting forth the contract, and describing the person of the mariner; and there- in foreign ports. upor. the bond originally given for the return of the men shall embrace each person so shipped.

men.

8. When any mariner shall complain that the voyage is continued contrary to his Ibid. 29. agreement, or that he has fulfilled his contract, the consul, or other commercial agent To hear comperforming like duties, may examine into the same by an inspection of the articles of plaints of seaagreement; and, if on the face of them he finds the complaint to be well founded, he shall discharge the mariner, if he desires it, and require of the master an advance, beyond the lawful claims of such mariner, of three months' wages, as provided in the And discharge with, or without, act of February 28th 1803; and in case the lawful claims of such mariner are not paid three months' upon his discharge, the arrears shall from that time bear an interest of twenty per wages. centum: Provided however, If the consul or other commercial agent shall be satisfied the contract has expired, or the voyage been protracted by circumstances beyond the control of the master, and without any design on his part to violate the articles of shipment, then he may, if he deems it just, discharge the mariner without exacting the three months' additional pay.

Ibid. 11.

9. It shall be the duty of consuls and commercial agents to reclaim deserters and discountenance insubordination by every means within their power; and where the local Consuls to reauthorities can be usefully employed for that purpose, to lend their aid and use their claim deserters, exertions to that end in the most effectual manner. (c)

&c.

10. If the first officer, or any officer, (d) and a majority of the crew of any vessel, shall Ibid. 12. make complaint in writing that she is in an unsuitable condition to go to sea, because on complaint of she is leaky, or insufficiently supplied with sails, rigging, anchors or any other equip- unseaworthiness to appoint exment, or that the crew is insufficient to man her, or that her provisions, stores and sup- aminers. plies are not, or have not been, during the voyage, sufficient and wholesome, thereupon, in any of these or like cases, the consul or commercial agent who may discharge any duties of a consul shall appoint two disinterested, competent practical men, acquainted with maritime affairs, to examine into the causes of complaint, who shall in their report state what defects and deficiencies, if any, they find to be well founded, as well to report. as what, in their judgment, ought to be done to put the vessel in order for the continuance of her voyage.(e)

prove of their re

11. The inspectors so appointed shall have full power to examine the vessel and what- Ibid. 13. ever is aboard of her, so far as is pertinent to their inquiry, and also to hear and receive Consul to apany other proofs which the ends of justice may require, and if, upon a view of the whole prove or disapproceedings, the consul or other commercial agent shall be satisfied therewith, he may port. approve the whole or any part of the report, and shall certify such approval, and if he dissents, shall also certify his reasons for so dissenting.

Ibid. 14.

ed, to discharge

additional wages.

12. The inspectors in their report shall also state whether, in their opinion, the vessel was sent to sea unsuitably provided in any important or essential particular, by neglect If sent to sen un or design, or through mistake or accident, and in case it was by neglect or design, and suitably provid the consul or other commercial agent approves of such finding, he shall discharge such the crew, with of the crew as require it, each of whom shall be entitled to three months' pay in addition three months? to his wages to the time of discharge; but, if in the opinion of the inspectors the defects or deficiencies found to exist have been the result of mistake or accident, and could not, in the exercise of ordinary care, have been known and provided against before the sailing of the vessel, and the master shall, in a reasonable time, remove or remedy the causes of complaint, then the crew shall remain and discharge their duty; otherwise they shall, upon their request, be discharged, and receive each one month's wages in addition to the pay up to the time of discharge.

(a) The action for the penalty must be brought in the name of the United States, and not of the consul. Matthews v. Offley, 3 Eumn. 115.

(b) The consular certificate is prima facie evidence of the refusal of the master to take the seaman on board, and of all the facts stated in the enacting clause, which are necessary to bring the case within the penalty. Matthews v. Offley, 3 Sumn. 116. But a consul's certificate of any fact is not evidence between third persons, unless expressly or impliedly made so by statute. Levy . Burley, 2 Ibid. 355. Brown v. The Independence, Crabbe, 56-7. Johnson v. The Coriolanus, Ibid. 239.

(e) When the master of a vessel, in a foreign port, lays a complaint against any of his crew. fully and fairly before the consul, and the complaint is such that a competent master may fairly

believe it to be within the consul's jurisdiction, and the consul, upon examination, finds it expedient or necessary to make use of the local authorities to keep the men safely, the master is not responsible for their imprisonment, as for a tort, the consul being answerable to the injured party for any malversation or abuse of power. Jordan v. Williams, 1 Curt. C. C. 70, 81.

(d) By act 20 July 18507, such complaint must be signed by the first, or the second and third officers, and a majority of the crew, before the consul or commercial agent shall be authorized to notice such complaint, or to appoint inspectors as provided in

the act of 1840. 9 Stat. 441.

(e) Consuls have no authority to order the sale of a ship, in a foreign port, either on the complaint of the crew, or otherwise. Opin. 617.

20 July 18 10 2 15. Charges to be

13. The master shall pay all such reasonable charges in the premises as shall be officially certified to him under the hand of the consul or other commercial agent, but in paid by masters. case the inspectors report that the complaint is without any good and sufficient cause, the master may retain from the wages of the complainants, in proportion to the pay of each, the amount of such charges, with such reasonable damages for detention on that account as the consul or other commercial agent directing the inquiry may officially certify.

When to be retained from

wages.

Ibid. 16.

Crews to have liberty to com.

plaia to consuls.

Ibid. 17.

Consuls to inquire into cause cf desertion, and

In certain cases to discharge, &c.

Ibid. 18.

cial neglect, &c.

14. The crew of any vessels shall have the fullest liberty to lay their complaints(a) before the consul or commercial agent in any foreign port, ard shall in no respect be restrained or hindered therein by the master or any officer, unless some sufficient and valid objection exist against their landing;(b) in which case, if any mariner desire to see the consul or commercial agent, it shall be the duty of the master to acquaint him with it forthwith, stating the reason why the mariner is not permitted to land, and that he is desired to come on board; whereupon it shall be the duty of such consul or commercial agent to repair on board and inquire into the causes of the complaint, and to proceed thereon as this act directs.

15. In all cases where deserters are apprehended, the consul or commercial agent shall inquire into the facts; and, if satisfied that the desertion was caused by unusual or cruel treatment, the mariner shall be discharged, and receive, in addition to his wages to the time of the discharge, three months' pay; and the officer discharging him shall enter upon the crew-list and shipping articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and subscribe his name thereto officially.

16. If any consul or commercial agent shall neglect or omit to perform, seasonably, the Liability for off-duties hereby (c) imposed upon him, or shall be 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 liable to indictment, and, on conviction by any court of competent jurisdiction, shall be fined not less than one nor more than ten thousand dollars, and be imprisoned not less than one nor more than five years.

20 Feb. 1845

5 Stat. 725.

18 Aug. 1856 11 Stat. 62.

2.

25.

desertion of seamea.

17. The commanding officer of any vessel, squadron or fleet of the navy of the United States, when upon the high seas or in any foreign port where there is no resident consul of the United States, shall be and is hereby authorized and empowered to exercise all the powers of a consul in relation to mariners of the United States.

18. Whenever any seaman or mariner of any vessel of the United States shall desert such vessel, the master or commander of such vessel shall note the fact and date of such To authenticate desertion on the list of the crew, and the same shall be officially authenticated at the port or place of the consulate or commercial agency first visited by such vessel after such desertion, if such desertion shall have occurred in a foreign country, or if in such case such vessel shall not visit any place where there shall be any consulate or commercial agency before her return to the United States, or the desertion shall have occurred in this country, the fact and time of such desertion shall be officially authenticated before a notary public immediately at the first port or place where such vessel shall arrive after such desertion; and all wages that may be due to such seaman or mariner, and whatever interest he may have in the cargo of such vessel, shall be forfeited to and become the property of the United States, and paid over for their use to the collector of the port where the crew of such vessel are accounted for as soon as the same can be ascertained; first deducting therefrom any expense which may necessarily have been incurred on account of such vessel in consequence of such desertion; and in settling the account of such wages or interest no allowance or deduction shall be made except for moneys actually paid, or goods at a fair price supplied, or expenses incurred to, or for such seaman or mariner, any receipt or voucher from, or arrangement with such seaman or mariner, to the contrary notwithstanding.

Ibid. 3 26.

To discharge sea

men and require payment of three months' wages.

19. Upon the application of any seaman or mariner for a discharge, if it shall appear to the consular officer that he is entitled to his discharge under any act of congress, or according to the general principles or usages of maritime law, as recognised in the United States, he shall discharge such seaman or mariner, and shall require from the master or commander of the ship or vessel from which such discharge shall be made, the payment of three months' extra wages, as provided by the act herein before mentioned approved February 28, 1803; and it shall be the duty of such master or commander to

(a) This applies only to such causes of complaint as are specified in the act, viz., that the mariner is detained contrary to his agreement, or that the vessel is unseaworthy, &c.; and not to affrays or quarrels between the officers and crow. Jordan v. Williams, 1 Curt. C. C. 70.

(b) This act gives a seaman the right, not only to see the consul, but to see him ou shore, away from the restraints of the ship,

unless some valid objection exists to his landing. Knowlton . Ross, 2 Law Rep. 16. This right, however, is to be exercised under the fair and reasonable discretion of the master of the vessel, as to the time and mode of landing. Jordan v. Williams, 1 Curt. C C. 70.

(c) And see infra, 72.

pay the same, and no such payment or any part thereof shall be remitted in any case, 18 August 1856. except such as are mentioned in the proviso of the ninth clause of the act entitled "An act in addition to the several acts regulating the shipment and discharge of seamen and the duties of consuls," approved July 20th 1840, and as hereinafter provided, and the How applied. extra wages required to be paid by the said ninth clause of the last herein before mentioned act, and by this section, shall be applicable to the same purposes and in the same manner as is directed by the said act, approved February 28th 1803, in regard to the extra wages required to be paid thereby; and if any consular officer, when discharging In case of neglect to be personally any seaman or mariner, shall neglect to require the payment of and collect the extra liable. wages required to be paid in the case of the discharge of any seaman or mariner, by either of the said acts, as far as they shall remain in force under this act, or by this act, he shall be accountable to the United States for the full amount of their share of such wages, and to such seaman or mariner to the full amount of his share thereof; and if any seaman or mariner shall, after his discharge, have incurred any expense for board Expenses of or other necessaries at the port or place of his discharge before shipping again, such be paid out of xpense shall be paid out of the share of the three months' wages to which he shall be extra wages. entitled, which shall be retained for that purpose, and the balance only paid over to him: Provided however, That in cases of wrecked or stranded ships or vessels, or ships or vessels condemned as unfit for service, no payment of extra wages shall be required.

boarding, &c., to

20. Every consular officer shall keep a detailed list of all seamen and mariners shipped Ibid. 27. and discharged by him, specifying their names and the names of the vessels on and from To keep list of which they shall be shipped and discharged, and the payments, if any, made on account seamen shipped and discharged. of each so discharged, and also of the number of the vessels arrived and departed, and the amounts of their registered tonnage, and the number of their seamen and mariners, Of vessels arrived and departed, &c. and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the nature and value of their cargoes, and where produced, and make returns of the same, with their accounts and other returns, to the secretary of the treasury; and no consular officer shall certify any invoice unless he shall be satisfied that When to certify the person making the oath or affirmation thereto is the person he represents himself to be, that he is a credible person, and that the statements made under such oath or affirmation are true; and he shall, thereupon, by his certificate, state that he was so satisfied; and it shall be the duty of every consular officer to furnish to the secretary of the trea- To furnish prices sury, as often as shall be required, the prices current of all articles of merchandise current to the usually exported to the United States from the port or place in which he shall be located.

invoice.

secretary.

official services.

21. It shall be the duty of every master and commander of a ship or vessel of the Ibid. 28. United States, whenever he shall have occasion for any consular or other official service, Masters to apply which any consular officer of the United States shall be authorized by law or usage offi- to consuls for cially to perform, and for which any fees shall be allowed by the said rates or tariffs of fees as aforesaid, to apply to such one of the said officers as may then be officially located at the consulate or commercial agency, if any there be where such service shall be required, to perform such service, and such master or commander shall pay to such officer such fees as shall be allowed for such service, in pursuance of the provisions of Penalty for omis this act; and if any such master or commander shall omit so to do, he shall be liable to the United States for the amount of the fees lawfully chargeable for such services, as though the said services had been performed by such officer; and all consular officers are Consuls may rehereby authorized and required to retain in their possession all the papers of such ships tain ships' papers until payment of and vessels, which shall be deposited with them as directed by law, till payment shall all demands. be made of all demands and wages on account of such ships and vessels.

III. GENERAL POWERS AND DUTIES.

sion.

1 Stat. 255.

22. They shall have right in the ports or places to which they are or may be severally 14 April 1792 § 2 appointed of receiving the protests or declarations, which such captains, masters, crews, passengers and merchants, as are citizens of the United States may respectively choose To receive proto make there; and also such as any foreigner may choose to make before them relative

tests.

to the personal interest of any citizens of the United States; and the copies of the said Official copies. acts duly authenticated by the said consuls or vice-consuls, under the seal of their consulates, respectively, shall receive faith in law equally as their originals would in all courts

r the United States.

sion of the per

decedents.

23. It shall be their duty where the laws of the country permit, to take possession of To take posses the personal estate left by any citizen of the United States, other than seamen belonging sonal estate of to any ship or vessel, who shall die within their consulate, leaving there no legal representative, partner in trade or trustee by him appointed to take care of his effects; they shall inventory the same with the assistance of two merchants of the United States, or for want of them, of any others at their choice; shall collect the debts due to the deceased in the country where he died, and pay the debts due from his estate which he To pay debts.

And remit the balance.

14 April 1792. shall have there contracted; shall sell at auction after reasonable public notice such part of the estate as shall be of a perishable nature and such further part, if any, as shall be necessary for the payment of his debts, and at the expiration of one year from his decease, the residue; and the balance of the estate they shall transmit to the treasury of the United States, to be holden in trust for the legal claimants. But if at any time before such transmission, the legal representative of the deceased shall appear and demand his effects in their hands, they shall deliver them up, being paid their fees, and shall cease their proceedings. (a)

Or deliver the same to the

legal representative.

To give notice of

the decease of a citizen.

And transmit

inventory of his

effects.

Ibid. 23.

To take measures

stranded vessels

24. For the information of the representative of the deceased, it shall be the duty of the consul or vice consul authorized to proceed as aforesaid in the settlement of his estate, immediately to notify his death in one of the gazettes published in the consulate, and also to the secretary of state, that the same may be notified in the state to which the deceased shall belong; and he shall also, as soon as may be, transmit to the secretary of state, an inventory of the effects of the deceased taken as before directed.

25. The said consuls and vice consuls, in cases where ships or vessels of the United States shall be stranded on the coasts of their consulates respectively, shall, as far as the for the saving of laws of the country will permit, (b) take proper measures, as well for the purpose of and their cargoes, saving the said ships or vessels, their cargoes and appurtenances, as for storing and securing the effects and merchandise saved, and for taking an inventory or inventories thereof; and the merchandise and effects saved with the inventory or inventories thereof taken as aforesaid, shall, after deducting therefrom the expense, be delivered to the owner or owners. Provided, That no consul or vice consul shall have authority to take possession of any such goods, wares, merchandise or other property, when the master, owner or consignee thereof is present or capable of taking possession of the same.

Ibid. ? 9.

26. The specification of certain powers and duties, in this act, to be exercised or Grant of specific performed by the consuls and vice consuls of the United States, shall not be construed to powers not to ex- the exclusion of others resulting from the nature of their appointments, or any treaty or convention under which they may act.

clude others.

28 Feb. 18039.

2 Stat. 205.

To verify powers

of attorney to

transfer stocks.

18 Aug. 1856 24. 11 Stat. 61.

Power to ad

minister oaths, &c.

And perform

notarial acts.

be deemed per

jury.

27. All powers of attorney executed, after the thirtieth day of June next, in a foreign country, for the transfer of any stock of the United States, or for the receipt of interest thereon, shall be verified by the certificate and seal of a consul, vice consul, commercial agent or vice commercial agent, if any there be at the place where the same shall be executed, for which the person giving the certificate shall receive fifty cents.

28. Every secretary of legation and consular officer is hereby authorized, whenever he shall be required or may deem it necessary or proper so to do, at the post, port, place, or within the limits of his legation, consulate or commercial agency, to administer to or take from any person an oath, affirmation, affidavit or deposition, and also to perform any notarial act or acts such as any notary public is required or authorized by law to do or perform within the United States; and every such oath, affirmation, affidavit, deposition and notarial act administered, sworn, affirmed, taken, had or done, by or before any such officer, when certified under his hand and seal of office, shall be as good, valid, effectual and of like force and effect within the United States, to all intents and purposes, as if such oath, affirmation, affidavit, deposition or notarial act had been administered, sworn, affirmed, taken, had or done, by or before any other person within the United States False swearing to duly authorized and competent thereto; and if any person shall wilfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit or deposition, within the intent and meaning of any act of congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted and dealt with in any district of the United States, in the same manner, in all respects, as if such offence had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed by any such act for such offence; and Seal and signa- any document purporting to have affixed, impressed or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of such person; and if any person shall forge any such seal or signature, or shall tender in evidence any such document with a false or counterfeit seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed Punishment of and taken to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three

ture to be evidence.

forgery.

(a) See infra, 29. In taking charge of the estates of citizens dying abroad, the power of consuls is limited to collecting the assets abroad, discharging them of local liabilities, reducing them to money, and transmitting to the treasury, subject to the orders, both before and afterwards. of the lawful executor or adminis trator. The rule for the distribution of the assets, is the law of the domicil, and cannot be changed by act of congress. 7 Opin. 242.

(b) So, a foreign consul, duly recognised by our government, is a competent party to assert or defend the rights of property of the individuals of his nation, in any court having jurisdiction of causes affected by the application of international law. The Bello Corrunes. 6 Wh. 152. 168. Robson v. The Huntress, 2 Wall. Jt. 59. The Ship Adolph, 1 Curt. C. C. 8".