at some public place; but whether it be required in judicial sales or not, the notice must be given in at least one of the newspapers of the place, if any be printed there, both in English and in the language of the country. No property shall be sold as being of a perishable nature until it has been viewed by two respectable merchants, and by them certified to be of that description.

405..The Consular Officer will also collect the debts due to the estate of the deceased in the country where he died, and, with the amount thus collected, pay the debts which the deceased may have there contracted; but it has been decided that it is proper for him to decline to pay any claim, not reduced to a judgment, for damages on account of any wrongful act alleged to have been done by the deceased. If the proceeds of the sales, together with the funds of the estate in hand and those collected from debts due the deceased, should not be sufficient to liquidate the legal claims against the estate, the Consular Officer is authorized to dispose of any other portion of the personal estate which may be necessary for that purpose.

406..If among the effects of the deceased (the word "effects" being one of very comprehensive signification, and embracing property of every description, inclusive of debts due) are found certificates of foreign stocks, loans, or other property, the Consular Officer is directed to charge on the amount thereof such commissions as are authorized in the tariff of fees on the settlement of estates of American citizens; also to report the amount in his quarterly statement of fees, and, if a salaried Consular Officer, to hold the same subject to the order of the Treasury Department; but he is not to embrace in the inventory such personal estate as the deceased may have left in the United States, or beyond the Consular district. The Consular Officer, from the necessity of the case, acts as the collector of the effects within the Consulate; the provisions of law do not extend his power beyond this necessity. The personal estate of the deceased in the United States remains to be administered by the legal representative at home, according to the laws of the State or district to which the deceased belonged. Under the provisions of the statute the Consular Officer is to take posses

sion of the personal estate left by any citizen of the United States, where the laws of the foreign country permit, which, of course, must be the personal estate left within the jurisdiction of such foreign country. He is only to collect the debts due to the deceased in the country where he died. In like manner, he is not to pay the debts due from the deceased at home, but only such debts as he shall have there (in the foreign country) contracted. If among the effects are found personal or family letters, not necessary to the settlement of the estate, or jewelry or other articles interesting or valuable as keepsakes to the relatives of the deceased, they should, in the absence of the heir or legal representative, be sent to the Department of State for transmission to the persons entitled to receive them.

407.. In one year after the death of the intestate, the Con- Disposal of assets. sular Officer is also directed to transmit, through the Department of State, the remainder of the estate (after paying the debts and other lawful charges) to the Treasury of the United States, in money, to be holden in trust for the legal representatives; but if at any time before such transmission the legal representatives of the deceased appear, and demand the effects in the hands of the Consular Officer, the latter shall deliver them up, the fees being paid, and shall cease his proceedings. The Consular Officer should at all times be prepared, and he is expressly required, to deliver over the effects and papers of the estate in his possession at any stage of the proceedings, after deducting the fees and expenses, to any legal representative of the deceased, or appointed trustee, who presents unquestionable evidence of authority to act as such.

408.. In the execution of the duty prescribed by the preceding paragraph, the Consular Officer is instructed to keep a regular account of all moneys received, as well of effects sold as of credits collected, and all sums expended, taking duplicate receipts, expressing on what account the sums are paid, and numbering them regularly; one of the said duplicates is to be kept by the Consular Officer and the other delivered to the representative of the deceased, or transmitted to the Treasury Department if no representative appear.

Account to be

kept.

Settlement of es

tate.

Department to be notified.

Adverse claimants.

eling.

409.. He must also enter on his consular books a regular account between himself and the estate of the deceased, in which he shall enter to his own debit all the moneys and effects that come into his hands; and to his credit all the payments he may make; and, finally, the remainder that he may deliver over or remit, so as to close the account. A copy of this account shall be delivered to the representative of the deceased, and transmitted to the Fifth Auditor of the Treasury.

410..As soon as an estate shall be finally settled, so far as the Consular Officer is concerned, he shall give notice thereof to the Department of State, transmitting at the same time an itemized statement of the receipts and expenditures on account of the estate, and showing the amount in money, or the effects, which have been delivered to the representative of the deceased or sent to the Fifth Auditor, as the case may be.

411.. If there should be several parties, each claiming to be the representative of the deceased, and demanding the effects, the Consular Officer must direct the parties to determine their rights before the proper judicial tribunals. But if there be no contention or litigation, or if a traveler or other transient person die with personal effects in hand, the Consul will take possession of them for transmission to the Death while trav- decedent's country. And when a citizen of the United States, not a seaman, dies on the high seas, whether on board an American or foreign vessel, and the effects of the deceased are brought within a Consular district, it is the duty of the Consular Officer to take charge of them, if they can be obtained. He should promptly report the circumstances of the case to the Department of State, informing it at the same time of the kind and amount of effects or money left by the deceased, and of his residence and the names of his relatives, if these can be ascertained. It is not unusual, however, in such cases, and if the members of his family or near relatives are with him while traveling, to allow them to take possession of the effects, and this course is often advisable.

Will to be proved.

412.. In the case where, by a testamentary disposition of the deceased, some person other than the Consular Officer is appointed to take charge of and manage the property, the

latter has a right to require, before intervening officially, that the will should be proved so as to give it legal effect. If the decedent leaves a will intended to operate in the United States, it is the right of the Consular Officer and his duty, in the absence of adult heirs on the spot, to see to the safe keeping of the will and its transmission to the parties entitled.

413.. The Department of State has sometimes been asked by Consular Officers for authority to employ the services of legal counsel in the settlement of the estates of decedents abroad. In the consular courts in non-Christian countries, and in the discharge of their probate jurisdiction, the employment of counsel has, in a few instances, been suggested by the Consular Officer sitting as judge, and the suggestion has been concurred in by the Department. In other countries it is doubtful that authority to employ counsel can be conferred by the Department, and such requests are uniformly refused.

ARTICLE XXIV.

Miscellaneous Instructions.

MARRIAGES.

414..It is enacted that all marriages celebrated in the presence of any Consular Officer in a foreign country, between persons who would be authorized to marry if residing in the District of Columbia, are valid to all intents and purposes as if the said marriage had been solemnized in the United States. In the District of Columbia at the time of the passage of the act, males who had arrived at the age of twenty-one years, and females who had reached the age of sixteen, were held competent to marry; and every minister of the gospel, appointed or ordained according to the rights or ordinances of his church, whether his residence was within the District of Columbia or not, could be licensed to perform the ceremony.

given.

415..In all cases of marriage before any Consular Officer, Certificate to be the Officer shall give to each of the parties a certificate of such marriage, and shall also send a certificate thereof to the Department of State, there to be kept.

Performance the ceremony.

416.. This certificate must be under the official seal and must give the names of the parties, their ages, places of birth and residence, the date and place when and where the ceremony was performed, and that the marriage took place before the Consular Officer giving the certificate.

No. 87.)

(Form

of 417.. The statute does not authorize the Consul to perform the ceremony. It is not to be supposed that Congress intended to authorize a Consul to perform the ceremony of marriage, or to countenance the doing of any act which would be or even seem to be a violation of the laws of the country in which he resides. Marriage is a contract which each State regulates for itself by its own laws. Inasmuch as rights of inheritance may depend upon the validity of marriages, Consuls cannot be too cautious in satisfying themselves, when their presence is asked at a proposed marriage, not only that the parties may lawfully intermarry according to the laws of the country in which the ceremony is to take place, but also that all requirements of law necessary to give validity to the marriage have been had. In no case should the Consul himself assume to perform the ceremony, unless authorized by the laws of the country to do so. The statute contemplates that the ceremony is to be performed in his presence, but it should be done according to local laws.

In non-Christian countries.

18.

418..The foregoing considerations, however, are held not to apply to China, Japan, Madagascar, Siam, Turkey, the Barbary States, and other non-Christian and semi-civilized countries in which Consular courts are established. In those countries the Consular Officer will have to determine only whether the parties would be authorized to marry if 7 Op. Atty. Genl., residing in the District of Columbia. It is held, also, in respect to a Consular Officer in such countries that the right to perform the marriage is incident to the judicial office, and consequently that he may solemnize the ceremony if it is the wish of the parties that he should do so. It is deemed preferable, however, in such cases, where there is a duly qualified minister of a religious denomination whose services can be obtained, that the ceremony should be performed by him, and that the Consular Officer should confine himself to granting the certificate before mentioned.