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through the consulate-general, if there be one having supervisory powers; otherwise, directly to his address.
49. Entry upon duty without exequatur.—The consul may, when so directed by the Department of State, proceed to his post and enter upon the discharge of his duties on receiving permission from the proper local authorities of the place to act in his official capacity until the exequatur arrives. On the receipt of such permission, or if no objection is made to his so acting, it is the duty of the outgoing officer, or the subordinate in charge, to deliver the seals, archives, and other property of the office without waiting for the arrival of the exequatur. As soon as the exequatur is received, it should be made public in the manner usual in the country. In the erent that there should be unusual delay in granting the exequatur, the consul should inform the Department.
50. Procuring exequatur when no diplomatic representative.If there be no legation of the United States in the country, the commission of a principal consular officer will be delivered or sent directly to him, with instructions to transmit it without delay, on arrival at his post, to the proper department of the government, and to request an exequatur. In such cases it is usual to inclose the commission in a letter from the Secretary of State to the minister of foreign affairs of the country, to be delivered at a suitable opportunity after the arrival of the consul at his post. In either case he will, in respectful terms, acquaint the authorities of the port or district to which he is sent of his appointment; and if he can obtain their consent to his acting in his official capacity before the receipt of the exequatur, he is authorized so to act.
51. Recognition of subordinate officers.—It is customary to transmit to the diplomatic representative, for recognition and authority, the certificates of appointment of all sub- + ordinate officers, except those of consular clerks, interpreters, and marshals. And in such cases, before entering.
upon his official duties, the consular officer will wait until he receives recognition from the government of the country or permission from the local authorities to act. The subordinate officers mentioned in paragraph 43, who are required to give bond, are not authorized to take charge of their offices or enter upon their duties until the bond has been executed and approved. Until an approved bond has been filed, the accounts for their compensation will not be adjusted at the Treasury Department, and they are without authority to draw upon the Government.
52. Certificates of subordinate officers, when no legation. The certificates of appointment of subordinate officers in countries in which the United States have no legation are sent to the principal officer, with instructions to request, from the proper authority, the recognition or exequatur accorded to such officers.
53. Practice in colonies.—It is the practice in the colonies or dependencies of a country to instruct the consul-general, or the principal consular officer if there be no consul-general, to apply to the proper colonial authority for permission for a newly appointed consular officer to act temporarily in his official capacity, pending the result of the request for the exequatur.
54. Legation may request temporary authority to act.—Upon the application of the consular officer, or of the consul-general where there is one, the diplomatic representative may make to the minister of foreign affairs a request for temporary permission to act in the case of any consular officer under his jurisdiction.
55. Instruction period. It is usual to require a principal consular officer to proceed to his post within thirty days from the date he takes the oath of office. If a longer time in the United States is desired, satisfactory reasons must be presented to the Department of State for the request.
56. Notice of arrival at post.-After the arrival of a consulgeneral, consul, or commercial agent at his post, he will give information thereof to the legation of the United States, if there be one accredited to the government of the country in which the consular office is situated. A consul and commercial agent within the jurisdiction of a consulate-general will give similar information to such consulate-general.
57. Delivery of archives and inventory.—Upon the receipt of the exequatur, or permission to act, the consular officer will apply to the person having charge of the consular seals and public property of the office for their delivery to him; and having made an inventory jointly with his predecessor or the subordinate in charge, if either be present, of the books and other effects, he will transmit a copy of such inventory and a certificate (Form No. 5) signed by himself and his predecessor, or the subordinate officer, or in their absence by himself, to the Department of State.
58. Certificate to Auditor.—The consul will transmit to the Auditor for the State and other Departments a certificate executed jointly by himself and his predecessor, or the subordinate in charge, if either be present, showing the date of actual entry on his duties. (Form No. 5, omitting the inventory.) He may then take charge of the seals, archives, and property of the office.
59. Inventory, how made.-In preparing the inventory of the public property, consular officers are instructed to follow, as closely as possible, the order of former inventories, so that a comparison can readily be made at the Department of State. A copy of each inventory should be carefully preserved among the consular records. (Paragraphs 131-433.)
60. Inventory of consular agency.-l'pon the appointment of a consular agent, an inventory of all property at the agency belonging to the United States should be made by the incoming and outgoing officers, with a certificate showing the date of delivery, both of which should be sent to the principal officer, to be by him communicated to the Department of State.
61. Location of office and residence.—Consular officers who are prohibited from engaging in business will be expected to establish their offices at the most convenient central location that the sum allowed for office rent will permit, and to keep them open daily during the usual business hours of the place. No subordinate or branch office will be permitted in the same place with the consulate. (Paragraphs 61-67.)
62. Residence.—Consular officers are expected to live in the towns in which their offices are located by their commissions, and a disregard of this requirement will not be countenanced, except in those cases that have, for special reasons, been expressly exempted. In no case will a consul be permitted to reside outside of his consular district.
63. Office hours.—Consular officers of the United States should be ready and willing to perform the duties of their office at any time; and although it is proper and right to have fixed office hours, in order that the public may know at what hours they may be sure to find the consular officer at the consulate, such fixed hours must not be considered as the limit of the time within which consular officers may be called upon to perform their official duties. (Paragraph 61.)
64. Office rooms.- - The selection of office rooms and the amount to be paid for office rent are intrusted to the consular officer. The actual expense of rent, within the statutory limit of 20 per cent of the salary, is allowed to him for that purpose; but all arrangements and obligations respecting the leasing of premises and the amount and terms of payment are made by the consular officer, and the Government assumes no responsibility therefor. When suitable offices have been obtained, they should not be changed, except for good cause, to be reported to the Department of State; and it is expected
that the same offices will be retained by successive consular officers whenever it is practicable to do so. Suitable offices can not usually be had except upon a lease for one or more years. The recall or retirement of a consular officer during the pendency of such a lease not infrequently results in embarrassment and loss if the incoming officer refuses to continue the occupancy. Under these circumstances it will be required that the same offices should be retained until the lease expires, unless a change can be made without loss to the outgoing officers, or unless there exists some controlling reason justifying the change, the nature of which should be reported to the Department. (Paragraphs 61, 67.)
65. Report regarding office.--Consular officers are required, at the earliest opportunity, to prepare and forward to the Department of State a brief report in relation to the offices occupied by them. This report must embrace the following particulars:
1. Give the street and number of the premises, stating whether they are in a residential or business quarter of the town. State whether the offices are separate and selfcontained, or whether office or desk room only is occupied in the officer's residence or in premises used for other business purposes. State the actual rental and to whom and how paid. Scrupulous exactness is enjoined in reporting the circumstances under which the offices are rented.
2. Give the number, size, arrangement, and employment of the rooms devoted to the public business. A diagram will probably be the most convenient mode of showing these particulars, and its utility will be enhanced if it shows the means of access from the street and the window lighting, whether on the street or on internal courts or wells.
3. State the manner in which the offices are protected when not open for business, whether by a janitor or porter in charge of the building or by the residence on the premises of