any company which the a is not intended that su tavitami superseding the consula

the two officers may be us brace those matters, noi e12 which his position and a --promote the interests of vessels and damaged g conducted under the au officers; and when a mas ceedings without such san less liable for all lawfui eoli 337. Consular fees.-The these respects will be deer, and treaty, the custom of of the master of the vess behalf of the ship or cargo a authorized by law or usag master to apply to him 10.. a penalty for neglect or 1. the vessels shall be retai are paid. In certain ca officer to order a surve master or not.-R. S.,

338. Jurisdiction by treat. United States have trea a consular officer over w vage it is his duty to ea tection of the interesis should satisfy themse... granted by the treats. these respects in thei: their proceedings ther representative of the ..

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 precluding 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 general information and not as absolute guides in all cases. The Department of State assumes no responsibility for their correctness 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 the port and if the vessel or cargo has been insured in

any company which the agent has authority to represent. It is not intended that such cooperation shall have the effect of superseding the consular officer in cases where the duties of the two officers may be the same, but only that it shall embrace those matters, not conflicting with his public duties, in which his position and authority may properly be used to promote the interests of the underwriters. All surveys of vessels and damaged goods are to be inaugurated and conducted under the authority and supervision of consular officers; and when a master undertakes to conduct the proceedings without such sanction and authority, he is none the less liable for all lawful consular fees and charges.

337. Consular fees.-The proceedings of a consular officer in these respects will be determined by the provisions of law and treaty, the custom of the port, and the wishes and duties of the master of the vessel. If the services to be rendered in behalf of the ship or cargo are such as the consular officer is authorized by law or usage to perform, it is the duty of the master to apply to him for them; and the statute provides as a penalty for neglect or refusal to do so that the papers of the vessels shall be retained until the proper consular fees are paid. In certain cases it is the duty of the consular officer to order a survey, whether with the consent of the master or not.-R. S., secs. 1718, 4559-4563.

338. Jurisdiction by treaty.-In countries with which the United States have treaties providing for the jurisdiction of a consular officer over wrecks, damages to cargoes, and salvage it is his duty to exercise that jurisdiction for the protection of the interests of all concerned. Consular officers should satisfy themselves of the extent of the authority granted by the treaty or acquired by established usage in these respects in their several countries, and should conform their proceedings thereto. It belongs to the master, as the representative of the owners of the vessel and cargo-except

where otherwise provided by law-to decide whether he will call for a survey, and in the absence of a request from him a consular officer is usually not authorized to direct a survey to be made. If, however, the master neglects or refuses to apply for services which it is the duty of the consular officer by law or usage to perform and obtains the services through other agents, he should be advised of the provisions of law respecting such neglect or refusal.

339. In Spanish West Indies.-By a royal decree of July 28, 1868, consular officers in the Spanish West Indies are authorized to direct all the operations of salvage in the cases of vessels of their nationality wrecked in their several jurisdictions, as representatives of the owners. The local customs officers are required to give all necessary assistance in saving the ship and cargo, and measures are to be taken between the two classes of officers for the custody and sale of the wreck and cargo and the collection of duties.

340. Treaties to be consulted.-Consular officers will consult the text of treaties affecting proceedings concerning wrecks in all cases in which they may have occasion to act under them. If the assistance stipulated for is refused in any case, or the treaty provisions are ignored in any respect, they will at once advise the diplomatic representative of the United States, if there be one in the country, and the Department of State. (Paragraph 90.)

ARTICLE XX.

AMERICAN OR FOREIGN BUILT VESSELS TRANSFERRED ABROAD TO CITIZENS OF THE United STATES.

341. Right to acquire property in foreign ships.-The right of citizens of the United States to acquire property in foreign ships has been held to be a natural right, independent of

statutory law, and such property is as much entitled to protection by the United States as any other property of a citizen of the United States.

342. Treasury regulations sea letters.-The existing general regulations of the Treasury Department under the customs and navigation laws (Customs Regulations, 1892) recognize the right of property in vessels of this character and declare them to be entitled to the protection of the authorities and to the flag of the United States, although no register, enrollment, license, or other marine document prescribed by the laws of the United States can lawfully be issued to such vessels whether they are American or foreign built. The former practice of issuing sea letters in the case of the purchase abroad of American or foreign vessels by citizens of the United States is no longer authorized. Nevertheless, though the issuing of sea letters to such ships is not now authorized, yet there would seem to be no good reason upon the face of our present legislation why the Department of State should not resume the practice, in case the United States should be a neutral in a war between maritime powers, if it should deem such letters more protective in their character than consular or customs certificates of sale. 343. Record of bill of sale, certificate, etc.-In view of existing regulations, and to enable the owners of a vessel so situated to protect their rights, if molested or questioned, a consular officer, though forbidden by law to grant any marine document or certificate of ownership, may lawfully make record of the bill of sale in his office, authenticate its execution, and deliver to the purchaser a certificate to that effect; certifying, also, that the owner is a citizen of the United States. Before granting such a certificate the consular officer will require the tonnage of the vessel to be duly ascertained in pursuance of law and insert the same in the description of the vessel