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religious convictions of the parties, (3) when it is not imposed on foreigners by the sovereign prescribing it, (4) when the ceremony is performed in a non-Christian or semicivilized country.-7 Op. Att. Gen., 18.
422. Not to certify as to laws of marriage in United States.-Consular officers are not competent to certify officially as to the status and ability to marry of persons domiciled in the United States and proposing to be married abroad; nor as to the laws of the United States, or of the States or Territories, touching capacity for marriage or the solemnization thereof. The power to make a certificate as to the legal requisites in the United States for a valid marriage abroad is not conferred on consular officers by the laws of the United States nor by international law, and they have no official powers which are not derived from any of these sources. Whatever private knowledge a consular officer may have respecting the laws of marriage, he is not authorized to certify the same officially.
EXTRADITION OF FUGITIVES FROM JUSTICE.
423. Requisitions for extradition.— The United States have treaties with most foreign powers providing, within specified limitations, for the extradition of fugitives from justice upon the demand of the state from which the fugitive has fled. The demand, or requisition, for extradition is usually presented by the diplomatic representative of the demanding government, where there is such a representative in the country of refuge. In the absence of a diplomatic representative, it is provided by some of the treaties that the requisition may be presented by “consular officers," "superior consular officers,” or “the superior consular officer.” (Paragraph 92.)
424. Act only upon instructions of Department. When a consular officer is required to make requisition for the extradition of a fugitive from justice, full instructions adapted to the particular case will be given him. In the absence of instructions from the Department of State, a consular officer is not authorized to intervene in extradition matters, nor to ask for the arrest and detention of a fugitive.
425. Authenticating foreign extradition papers.--The act of August 3, 1882, prescribes the manner in which documentary evidence offered by foreign governments in support of requisitions for the extradition of criminals from the United States shall be authenticated. The language of the statute is as follows:
That in all cases where any depositions, warrants, or other papers, or copies thereof, shall be offered in evidence upon the hearing of any extradition case under title sixty-six of the Revised Statutes of the United States, such depositions, warrants, and other papers, or the copies thereof, shall be received and admitted as evidence on such hearing for all the purposes of such hearing if they shall be properly and legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any deposition, warrant, or other paper, or copies thereof, so offered, are authenticated in the manner required by this act.-22 Stat. L., 216 sec. 5; 22 Fed. Rep., 699; 30 Id., 57; 33 Id., 165; 44 Id., 422; 136 U. S., 330,
The greatest care should be exercised in making the authentication provided for in the act above quoted. The form of such certificate (Form No. 36) has been tested by actual use and found to be legally sufficient.
TAXES AND DUTIES.
426. Taxes.—Unless exempt by treaty, consular officers are subject to local taxation in the country and city in which they reside. (Paragraph 83.) As a matter of courtesy or comity they are often excused from personal tax and more rarely from the payment of customs duty on their personal effects.
427. Reports.—Consuls will inform the Department of State whether, in the countries in which they respectively reside, they are required to pay taxes of any description, and, if so, the rate and amount of such taxes. If in any country or city they are exempted from taxation, through courtesy, by law, or local regulation, they will communicate the fact, with a copy of the law or regulation, if such exist. They should also report whether any distinction in respect of taxation is made between consuls who are permitted to engage in trade and those who are prohibited from so doing.
428. Duties on official importations.—Consuls should inform the Department of State, whether they are required to pay customs duties or other public charges upon supplies of stationery, flags, furniture, and other articles sent to them for official use. It is customary for this Government to admit free of customs duties and charges at its custom-houses all articles for the official use of the consular officers of foreign states when similar privileges are granted to its officers. If these privileges are refused in any instance, the refusal should be reported to the Department of State for such proceedings as may be deemed proper; or, in the case of consular officers of the United States in Mexico, to the United States minister in that country, who, on being satisfied that the foregoing articles are detained at the customs office, will at once apply to the Mexican authorities for their free entry.
REQUISITIONS FOR SUPPLIES.
429. A form of requisition for office supplies is given in the appendix (Form No. 100), also a schedule of the articles usually furnished by the Department of State. The requisitions should describe the articles called for by schedule number, as well as by name, and the quantities desired are to be stated in figures, as per schedule, and in the order indicated therein. If less than an original package is required, the quantity should be stated in fractions thereof. The requisition should be carefully drawn, with due regard to economy, and should cover as far as possible a supply for a year or half year.
Blank passport and other forms, record books, seals, coats of arms, and other articles not mentioned on the schedule should be added at the end of the requisition, or, if necessary, on a separate sheet accompanying the same.
No dispatch is necessary in transmitting these requisitions to the Department, and they should not be given a serial number.
INVOICES OF SUPPLIES.
430. Supplies sent to consulates for official use are accompanied by an invoice, under the seal of the Department of State, showing that the articles named therein are the property of the United States and are intended for the consul's use in conducting the public business of his office. This invoice may be used in obtaining free entry of the supplies. l'pon receipt of the supplies the consul is required to sign the acknowledgment on the back and return the invoice so indorsed to the Department.
ANNUAL FURNITURE SCHEDULES.
431. At the end of each fiscal year every consular officer shall transmit to the Department of State a schedule to be known as the “Annual furniture schedule,” which shall contain item by item the furniture and office equipment of said office, together with a statement as to each item or group of items, showing the number, the date of purchase, cost, name of person or firm from whom purchased, and a description thereof sufficient to enable the same to be easily identified. The schedule shall especially include the following articles: Carpets, rugs, curtains, window shades, mats, awnings, hangings, mattings or other floor coverings, framed pictures, unframed pictures, framed charts, unframed charts, busts, statdes, tables, desks, bookcases, bookshelves, cabinets, clocks, washstands, screens, towel racks, cuspidors, swivel chairs armchairs, chairs, stools, lamps, gas or electric fixtures, tele phones, sofas, lounges, divans, settees, benches, typewriters toilet articles, pitchers, bowls, basins, towels, consular or lega tion presses, seals, letter-presses, rubber or other stamps atlases, gazetteers, directories (with date), dictionaries, ency clopedias, other bound books, unbound books; inkstands mucilage pots, blotting-paper holders, sponge holders, pen racks, penholders, paper cutters, scissors, erasers, and othe desk fixtures; flags, flag poles, flag ropes, and flag holders consular arms and consular signs.
The separate pieces of a suit of furniture when purchase as a suit need not be severally described, but the number o pieces and a general description, as “Oak, covered with green leather,” will suffice. All other items must be sepa rately set forth.
432. Supplementary schedule.-From time to time as new purchases are allowed and made, a supplementary schedule covering same shall be transmitted to the Department of State to be annexed to the “Annual furniture schedule.” These shall follow the same plan as to number, date of purchase, price, vendor, and description.
The “Annual furniture schedule” and all other furniture schedules shall be signed and certified as correct by the per son making the same; and when made up by other than the official in charge of the office, the signature of the person making the schedule shall be attested by such official and be by him transmitted to the Department of State to be filed with the schedules hereinbefore referred to. (Paragraphs 64–66.)
433. Department's schedule.—The Department of State will make up from the records thus received a new schedule in the same form, to be delivered with his commission to each new official appointed to take charge of a consular office, setting forth all furniture and equipment shown by said schedules to