prescribed by the President by virtue of the provisions of § 1745 of the Revised Statutes.

"Fees collected by a consul for the examination of Chinese emigrants going to the United States on foreign vessels; and fees for certificates of shipment of merchandise in transit through the United States to other countries; and fees for recording instruments which are not official documents recorded in the record books required to be kept by the consul, but relate to private transactions for individuals not requiring the use of the consul's title or seal of office; and fees for cattle-disease certificates; and fees for acknowledgements and authentications of instruments certifying the official character and signature of notaries public; and fees for settling private estates; and fees for shipping and discharging seamen on foreign-built vessels sailing on the China coast under the United States flag; are not moneys which he is required to account for to the United States.

"Fees collected by him for certifying extra copies of quadruplicate invoices of goods shipped to the United States; and money received for interest on public moneys deposited in bank; and fees collected for certificates of shipments or extra invoices; and fees for、 certifying invoices for free goods imported into the United States; are moneys which he is required to account for to the United States. "The practice of consuls to do acts which are not official is recognized by the statutes and the Consular Regulations.

"The claimant had a judgment in the Court of Claims against the United States for $13,839.21. Both parties appealed. The items of the disallowance of which the claimant complained did not amount to more than $3,000. But it was held that he could avail himself of anything in the case which properly showed that the judgment was not for too large a sum; and this court, disallowing one of the items allowed to him, allowed one of the items disallowed, and rendered a judgment in his favor for a less amount than that rendered below." Syl., United States v. Mosby (1890), 133 U. S. 273.

Under Revised Statutes, section 1709, which makes it the duty of consuls and vice-consuls to administer upon the personal estate left by Americans dying within their consulates, and under the Consular Regulations of 1888, paragraph 508, the fee of five per cent allowed for such services is an official fee, to be accounted for to the Treasury. United States v. Eaton, 169 U. S. 331; 18 S. Ct. 374.

Under sections 1703 and 1733, Revised Statutes, consular agents may retain, as compensation for their services, a sum not to exceed $1,000 annually out of the fees received by them, and the residue, if any, is to be paid to and retained by the principal consular officer, provided that such residue, together with similar fees received from other

consular agencies or vice-consulates in his territory, does not exceed $1,000 a year.

Griggs, At. Gen., Aug. 1, 1898, 22 Op. 163.

A consul, who is entitled to retain in any year not more than a certain amount out of fees collected by a consular agent in his district, and who is removed during the fiscal year, is not allowed to retain all the fees then collected up to the full annual limit, but, under Revised Statutes, § 2687, only an amount proportionate to the part of the fiscal year during which he continued in office.

Marston v. United States, 71 Fed. Rep. 496, 18 C. C. A. 216.

Claimant, who had been appointed consul at P., was instructed by the Department of State that N., which was previously embraced within the limits of his consulate, had been made an independent consulate. During the time he acted as consul, the consular agent at N. collected and failed to account for a large amount of fees. Held, that the amount of fees embezzled by the consular agent should not be charged to claimant.

Sampson v. United States, 30 Ct. Cl. 365.

Consular fees received for unofficial and notarial services and for fees and fines collected in the consular courts belong to the consul.

Boyd v. United States, 31 Ct. Cl. 158.

The certification of invoices of merchandise shipped from a foreign. port in transit through the United States, in bond, to another foreign port is an unofficial act, and the fee is the personal emolument of the consular officer, though the goods are stopped in transit and duties paid.

Wilson v. United States (1896), 32 Ct. Cl. 64.

"When a consul of the United States, in his regular accounts and settlements with the Treasury, charges himself with fees received by him as consul for which he is not obliged to account, and pays the same into the Treasury with each settlement, and retires, and makes his final settlement with the Treasury on the same basis, can not, in an action commenced in the Court of Claims three years after his retirement, recover back such payments, but they will be regarded as wholly voluntary payments."

United States v. Wilson (1897), 168 U. S. 273.

"Court fees are fixed in each country by the United States minister, independently of the action of the minister in any other country.

"Fees for official services are fixed by the President under section 1745 R. S. Fees for judicial services are fixed by the respective ministers in non-Christian countries under section 4120, R. S.

"Under the present law uniformity can be required only among consulates in the same country."

Mr. Rives, Assist. Sec. of State, to Fifth Auditor of the Treasury, Feb. 11, 1888, 167 MS. Dom. Let. 161.

"SEC. 7. That every consular officer of the United States is hereby required, whenever application is made to him therefor, within the limits of his consulate, to administer to or take from any person any oath, affirmation, affidavit, or deposition, and to perform any other notarial act which any notary public is required or authorized by law to do within the United States; and for every such notarial act performed he shall charge in each instance the appropriate fee prescribed by the President under section seventeen hundred and forty-five, Revised Statutes.

"SEC. 8. That all fees, official or unofficial, received by any officer in the consular service for services rendered in connection with the duties of his office or as a consular officer, including fees for notarial services, and fees for taking depositions, executing commissions or letters rogatory, settling estates, receiving or paying out moneys, caring for or disposing of property, shall be accounted for and paid into the Treasury of the United States, and the sole and only compensation of such officers shall be by salaries fixed by law; but this shall not apply to consular agents, who shall be paid by one half of the fees received in their offices, up to a maximum sum of one thousand dollars in any one year, the other half being accounted for and paid into the Treasury of the United States. And vice-consuls-general, deputy consuls-general, vice-consuls, and deputy consuls, in addition to such compensation as they may be entitled to receive as consuls or clerks, may receive such portion of the salaries of the consul-general or consuls for whom they act as shall be provided by regulation.

"SEC. 9. That fees for the consular certification of invoices shall be, and they hereby are, included with the fees for official services for which the President is authorized by section seventeen hundred and forty-five of the Revised Statutes to prescribe rates or tariffs; and sections twenty-eight hundred and fifty-one and seventeen hundred and twenty-one of the Revised Statutes are hereby repealed.

"SEC. 10. That every consular officer shall be provided and kept supplied with adhesive official stamps, on which shall be printed the equivalent money value of denominations and to amounts to be determined by the Department of State, and shall account quarterly to the Department of State for the use of such stamps and for such of them as shall remain in his hands.

Whenever a consular officer is required or finds it necessary to perform any consular or notarial act he shall prepare and deliver to the party or parties at whose instance such act is performed a suitable and appropriate document as prescribed in the consular regulations and affix thereto and duly cancel an adhesive stamp or stamps of the denomination or denominations equivalent to the fee prescribed for such consular or notarial act, and no such act shall be legally valid within the jurisdiction of the Government of the United States unless such stamp or stamps is or are affixed and canceled.

"SEC. 11. That this Act shall take effect on the thirtieth day of June, nineteen hundred and six."

Act of April 5, 1906, sections 7-11, entitled "An act to provide for the reorganization of the consular service of the United States."

As to salaries of consuls-general and consuls under this act, see supra, § 732.

"The abstract right of Hayti to act in such matters [the fixing of fees to be charged by her consuls] according to her discretion is not denied. It is only when charges of the kind become so excessive as virtually to constitute an export tax, that they may properly be remonstrated against in a friendly spirit."

Mr. Evarts, Sec. of State, to Mr. Langston, min. to Hayti, No. 5, Nov. 8, 1877, MS. Inst. Hayti, II. 119, acknowledging the receipt of a dispatch of Mr. Langston's predecessor, Mr. Bassett, No. 544, Oct. 23, 1877, relative to the fees chargeable by Haytian consuls.

2. Under the Constitution. § 735.

3. Question of constitutional limitations. § 736.

4. Cessions of territory. § 737.

5. Descent and tenure of property. § 738.

II. NEGOTIATION AND CONCLUSION.

4. Judicial action.

(1) Province of the courts. § 760.

(2) Rule as to political questions. § 761.

5. Date of taking effect. § 762.

VI. INTERPRETATION.

1. General rules. § 763.

2. Particular stipulations. § 764.

3. Most-favored-nation clauses.

(1) Reciprocal concessions. § 765.

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