Peru, forty days. Portugal, thirty days. Portuguese posessions: Fayal and Funchal, thirty days. Russia, thirty days. Salvador, thirty days. Samoa, seventy days. Santo Domingo, fifteen days. Siam, sixty days. Spain, twenty-five days. Spanish possessions: Baracoa, fifteen days. Cardenas, ten days. Cienfuegos, twelve days. Habana, ten days. Manila, sixty days. Matanzas, ten days. Puerto Rico, twenty days. Sagua la Grande, twelve days. Santiago de Cuba, twelve days. Sweden and Norway, twenty-five days. Switzerland, twenty-five days. Tangier (Morocco), thirty-five days. Turkey (except Erzerum and Harpoot), forty days. Erzerum and Harpoot, seventy-five days. Uruguay, forty-five days. Venezuela, twenty-five days. Zanzibar, sixty days. INSPECTION OF PRIVATE PAPERS FILED IN CONSULATE. 479. Many papers filed as of record in the consular offices are of a private, and not of a public, nature. The rules regulating the inspection of the two classes of papers are widely different. Inspection of a private paper may be granted to a party who has an interest therein in such cases as will not involve impertinent investigations and in which the consul is satisfied that no illegitimate object is intended, and where the inquiry is not forbidden by the public interests; but such paper must be specifically designated in the application for inspection, adopting in such cases, as nearly as practicable, the rule laid down by the courts in respect to the inspection of telegraphic dispatches; nor will the Department of State permit copies to be taken by the parties inspecting such papers. If copies are required, they must be taken by the consular officer and duly certified by him. EXAMINATION OF TITLES AND OTHER UNOFFICIAL SERVICES. 480. Consular officers are frequently asked by their countrymen at home to examine titles, or do other services for them in a foreign land. It is sometimes even assumed that the parties making the requests have a right to such services. Consular officers will treat all such requests courteously, and if they are unable to comply with them, will state the reasons clearly but unoffensively. They are at liberty to do such work for their countrymen for a private compensation, if it does not interfere with the performance of their official duties. If it does so interfere, they must refuse it.-31 Fed. Rep., 697; 33 Id., 572. 481. Rule as to compensation, contract therefor. The general rule in regard to unofficial services, as distinct from official and from notarial services, is that a consular officer is entitled to charge the same compensation as is charged for similar services in the same locality by other competent per sons. In ordinary cases the amount is determined by the agreement of the parties; and a consular officer should, if practicable, have a clear understanding with his correspondent respecting the cost of an unofficial service before he performs it, and also with regard to the time and manner of payment. In some cases, also, it is believed that it would be a hardship to make the maximum charge, as where the services are rendered in behalf of the widows and families of deceased soldiers or sailors of the United States, or where, from other circumstances, the exaction would operate oppressively upon the applicant. It is expected that these considerations will have due weight with consular officers. The Department of State does not intervene unless in cases of manifest injustice, although it reserves the right at all times to decide upon the fairness and propriety of any charge that a consular officer may make for such services, and to fix the amount to be paid, if there shall be any reason to do so. (Paragraph 488.) NOTARIAL ACTS. 482. Under Federal laws. The statute permits consular officers, whenever they are required or deem it necessary or proper to do so, within the limits of their respective districts, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do or perform within the United States. Such acts, in order to be valid and effectual, must be certified by the consul under his hand and seal of office.-R. S., sec. 1750. 483. Under State laws. The laws of some of the States and Territories authorize consular officers to take acknowledg ments of deeds, to take depositions and affidavits, and to perform other official acts for use in such States and Territories. When called upon for any service not within the usual functions and competence of a notary public, according to the general law and usage of commercial nations, the consul will be guided by the State or Territorial statute which empowers him to act in the premises. The powers and duties of a notary public are derived in a large measure from general usage, public law, and the customs of merchants. some degree they are regulated by statute in most of the Το States, but not usually in such a manner as to restrict the exercise of the functions which otherwise appertain to the office. As a general rule, a notary public may take acknowledgments of deeds, powers of attorney, agreements, leases, releases, assignments, bonds, mortgages, bills and contracts of sale, and protests, certify copies, and may take all forms of oaths, affidavits, and depositions. 484. Performance of notarial services optional.-Consular officers are not compelled to render notarial services; but, as a general rule, when the act requested can be performed without interference with official business, and without giving offense to the local government, they are expected, upon the tender of a suitable remuneration, to perform it. They are prohibited, however, to issue certificates of law or fact as to any matters outside the scope of their official duties and powers. (Paragraph 422.) 485. Compensation for services.-Consular officers are authorized to charge for notarial services the fees prescribed for notaries public in the District of Columbia, and no more. Tariff of notarial fees.—The tariff of notarial fees fixed by law for the District of Columbia is as follows: For each certificate and seal, 50 cents. Taking depositions or other writings, for each 100 words, 10 cents. Administering an oath, 15 cents. Taking acknowledgment of a deed or power of attorney, with certificate thereof, 50 cents. Every protest of a bill of exchange or promissory note, and recording the same, $1.75. Each notice of protest, 10 cents. Each demand for acceptance or payment, if accepted or paid, $1, to be paid by the party accepting or paying the same. Each noting or protest, $1. Revised Statutes relating to the District of Columbia, section 990. A copy of this tariff of fees must be posted in a conspicuous place in the public office of the consulate. Notarial fees belong to consul.-While a notarial service derives its legal validity and effect from the official character of the person performing it and is an official service, consular officers are not required to pay the fees for such services into the Treasury, but may retain them as personal fees, unless the service or a part of it is one for which a fee is prescribed in the tariff of official fees.-33 Fed. Rep., 572. (Paragraph 533.) In that case the fee prescribed in the tariff of official fees must be collected and accounted for to the Treasury. 486. Record and transcript of notarial and unofficial services. Each consul shall keep a permanent record of all notarial and unofficial services and of the fees or compensation received therefor, and transmit at the close of each quarter one sworn copy of the same (Form No. 159) to the Department of State and another sworn copy to the Auditor for the State and other Departments. If no fees for notarial services have been collected that fact must be reported. This record and transcript should include all notarial and unofficial acts for which a fee has been charged, and also gratuitous services of like character, such as the authentication of pension vouchers, bond transfers, etc.; describe the service so fully and clearly that its nature may be ascertained by inspection. Entry of the services as "affidavit," "oath," "certification," "authentication," etc., is insufficient. Many of these acts are concerned with the transfer of property and the execution of papers and instruments of importance. Questions are likely to arise at any time which it is desirable that the Department of State should have the means of answering, either from the information on its files or in the records of the several consulates. The Form (No. 159) which has been prepared for this purpose shows the particulars which the record shall contain and also 17824 C R-13 |