as well as disregard of personal peril. Volunteer efforts should also be rated higher than compulsory action under the orders of a superior. Accompanying the account should be sent a full statement of the facts of each case, in conformity with the provisions of the foregoing paragraph, in order that the Department may determine what further action, if any, should be taken to do justice to all the parties to the rescue. When the action of the master or any member of the crew is deemed deserving of a more liberal acknowledgment, or one different from that herein authorized to be made, the report should fully demonstrate his title to other or additional recognition. 329. Aid to shipwrecked Americans.-Consuls will promptly render such assistance as may be in their power to their shipwrecked countrymen, and institute, whenever it is practicable, energetic proceedings for the protection of their property; but this instruction gives no authority to incur any expense therefor in the expectation of its being defrayed by the Department of State, the appropriation for the relief and protection of American seamen in foreign countries, which is made by Congress, not being applicable to any purpose except the relief of persons who are actually "seamen." Whenever it is necessary for the safety of property, consuls will apply to the local authorities for assistance. 330. Papers to be preserved.-Consuls will carefully collect and preserve all the papers and documents relating to the ship or its cargo, or to the passengers, and deliver them to the parties to whom they belong, or to the representatives of such parties, or, in the event of their death or nonappearance, they will transmit them to the Department of State. It is the duty of the consul to ascertain, in all cases of wrecks in his district, what became of the register of the vessel; and whenever he can obtain it, he should transmit it without delay to the Treasury, through the Department of State, with his report of the circumstances of the wreck. The master may, however, retain one-half of the register if he is present. 331. Where wreck is sold to foreigners.-Where a wrecked vessel is sold to foreigners and repaired, one-half of the register should be sent to the Treasury, through the Department of State, and the other half delivered to the old master for surrender to the collector of customs. In like manner whenever a registered vessel of the United States is sold abroad to persons not citizens of the United States, one-half of the register should be sent to the Treasury, through the Department of State, and the other half given to the old master for surrender to the collector of customs. If the purchaser is a citizen of the United States, the whole register should be delivered to the new master or other person having the charge or command of such vessel, and a new register obtained therefor pursuant to section 4166 of the Revised Statutes. (Form No. 67.) 332. Sale by master. The master of a ship may in some cases sell the ship; but the sale to be valid must be shown to have been the result of urgent necessity. It is not enough that it was bona fide and for the benefit of all concerned. What circumstances of necessity will justify a sale by the master it would be difficult to define. Generally, it may be stated that if the ship can not be repaired in the place where she is, save at a ruinous cost, or if she can be so repaired, yet the master has not the means of repairing without a delay equally injurious to his owners, or can not communicate with them in due time without exposing their property to imminent risk, in such cases the master has the superadded authority to sell his ship. The law imposes on the purchaser, however, the duty of ascertaining the circumstances under which the sale was made and the burden, if it is afterwards contested, of proving that it was justified by 17824 C R-9 as well as disregard of personal peril. Volunteer eff should also be rated higher than compulsory action un the orders of a superior. Accompanying the account should be sent a full staten of the facts of each case, in conformity with the provis of the foregoing paragraph, in order that the Departn may determine what further action, if any, should be ta to do justice to all the parties to the rescue. When the action of the master or any member of the is deemed deserving of a more liberal acknowledgmen one different from that herein authorized to be made, report should fully demonstrate his title to other or additi recognition. 329. Aid to shipwrecked Americans.-Consuls will prom render such assistance as may be in their power to their s wrecked countrymen, and institute, whenever it is practic: energetic proceedings for the protection of their property: this instruction gives no authority to incur any expense t for in the expectation of its being defrayed by the Depart of State, the appropriation for the relief and protectio American seamen in foreign countries, which is mad Congress, not being applicable to any purpose except relief of persons who are actually "seamen." Whenev is necessary for the safety of property, consuls will a to the local authorities for assistance. 330. Papers to be preserved.-Consuls will carefully collec preserve all the papers and documents relating to the sh its cargo, or to the passengers, and deliver them to the pa to whom they belong, or to the representatives of such pa or, in the event of their death or nonappearance, they transmit them to the Department of State. It is the du the consul to ascertain, in all cases of wrecks in his dis what became of the register of the vessel; and whe he can obta he shouldnsmit it without delay t that it was ina de mi dự án What directstads of K master it would rifenu Di stated that if the shop að fer ve meganed in the place where the is save at a ruinous text, je i She can be so repaired. ret the master has not the means of repairing without a bay equally injurions to his owners, or can not commucate with them in due time without exposing their property imanent risk, in such eases the master has the supersided authority to sell his ship. The law imposes on the haser, however, the duty of ascertaining the circumunder which the sale was made and the burden, if afterwards contested, of proving that it was justitied by 17924 C B-9 legal necessity. He can not adduce a consular or admiralty survey, or the proceedings and decree of a vice-admiralty court, or the order of any Government authority, as preclud ing the most searching examination by the courts into the circumstances of the transaction.-Swabey, 145; 2 Wash. C. C., 150; 13 Peters, 387; 5 Mason, 465. --- 333. Surveys. A consular officer is often applied to for the authorization of a survey of a vessel, as in the case of a wreck or of the damaged or unseaworthy condition of the vessel. The general mode of proceeding in such cases is shown in Forms Nos. 42-51. In case he is called upon to give certified copies of such documents, he may follow Form No. 52. If the vessel is in a sinking condition, he may apply to the proper authority to know where she shall be grounded (Form No. 53). 334. Bottomry and sale.-After the estimate of damage, the master may endeavor to borrow on bottomry the necessary funds for repairs; and in case of inability to do so, he may be forced to sell the vessel. The proceedings in such cases are shown in Forms Nos. 54-65 and 67. If the necessary funds are procured, and a bottomry bond is given and acknowledged before the consular officer, Forms Nos. 68-73 may be used. 335. Forms.-The consular officer will be careful to note that such of these forms as relate to unofficial documents, as well as those referred to in paragraph 168, are given for his genera information and not as absolute guides in all cases. The Department of State assumes no responsibility for their cor rectness in any particular case in which they may be used (Paragraph 464.) 336. Consuls and underwriters' agents. In cases of wrecks and surveys, a consular officer will, so far as may be consistent with the proper discharge of his own duties, cooperate with the recognized agent of American underwriters, if there be one at 41 bort and if the vessel or cargo has been insured in |