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bond.

bonds.

Secretary of the Treasury, and a certified copy lodged Disposition of in the office of the minister. And in case any person aggrieved by the misconduct of any of the marshals should desire to bring suit upon any of the said bonds, Suits upon it is made the duty of the Secretary of the Treasury, or the minister having custody of a copy of the same, to furnish the person so applying with a certified copy thereof, upon which copy, so furnished and certified, suit may be brought and prosecuted with the same effect as could be done upon the original. Upon

a plea of non est factum verified upon oath, or any Production of other good cause shown, the court or the consul or bond. minister trying the cause may require the original to be produced; and when so required, it is the duty of the Secretary of the Treasury to forward the original bond to the court or consul or minister requiring it.

Before a copy of such bond shall be furnished for Probable cause

any

of action to be

shown.

suit, it is the duty of the Secretary of the Treasury, or the minister to whom the application is made, to require prima facie proof, to be judged of by the Secretary of the Treasury or the minister having charge of 'the copy, that there is probable cause of action against the marshal making the bond. All rules, orders, writs, Appointment and processes of every kind which are intended to of special maroperate or be enforced against any of the said marshals, in any of the countries named in this act, must be directed to and executed by such person as may be appointed for that purpose by the minister or consul issuing the same.

shals.

307. The marshals of the United States consular Compensation courts are not like consuls, entitled specifically to of marshals. compensation for a certain period while receiving instructions, nor while making the transit to and from

their respective posts of duty. In the absence of any

commences.

statutory provision fixing the time when the salaries of public officers begin, the general rule adopted and enforced in the accounting bureaus, has been that such officers are entitled to pay when they have actually entered upon duty. This rule has usually been applied to Heads of Bureaus, Marshals, District Attorneys, Land Officers, and others.1

At what time 308. The date of the commencement of receiving compensation compensation is not necessarily that of their appointment, but that at which they begin to devote themselves to the public service, that time being fixed by acts performed, as by leaving home to come to the seat of Government for instructions, or by an understanding between them and the Head of the Department. It may also be indicated, in the case of the marshal of a consular court, by the day on which he takes the oath of office and gives the bond for faithful performance of the duties required by law. Then, and not before, he may be said to be in office, and certainly before these essential formalities are complied with his salary does not commence. Whether it begins when they are completed will depend on the question whether from that time he devotes himself to the public service. In legal presumption he does; but that presumption is not conclusive; and if the fact be otherwise, the accounting officers, if it appear that the time when a marshal takes the oath of office and files his official bond, is not the time when his official service begins, should accept the latter, as the date from which his salary commences. From what

has been said it will be seen that it is both the interest and duty of a marshal as soon as he receives

1 Opinions of the Attorneys General, vol. vii. p. 307.

2 Opinion of Attorney General of the United States, May 12, 1862. MS.

official notice of his appointment, to take the oath of office and allegiance, (see Form No. 131,) and transmit his bond, (see Form No. 133,) duly executed, to the Secretary of State. If he is a naturalized citizen of the United States he must transmit, at the same time, a certified copy of his certificate of naturalization. He will also mention the place of his birth and the name of the State from which he is appointed.

309. The bond must be executed both by principal Bond of marand sureties before a United States District Court shal. Judge, Attorney, Marshal, or Minister of the United States. The sureties must be approved by the officer before whom the bond is executed; and it should appear on its face, or be certified by the said officer, that they are inhabitants and freeholders of the United States, resident therein; the places of their residence should also be specified.

310. Upon the receipt at the Department of the Transmission oath and bond, executed in accordance with the fore- of commission and passport. going directions, the passport and commission of the marshal are sent to him, and he is expected to proceed

to his post without delay.

311. Marshals are required to report for duty to Marshal to rethe consul or vice consul to whose instructions they port to consul. are respectively subject, agreeably to the provisions of the twenty-fifth section of the act of June twentysecond, eighteen hundred and sixty. Should they have occasion thereafter to communicate with the Department, they must do so through the medium of the consular officer to whom they are subordinate.

312. Marshals are required to transmit, at the close Marshal's of each quarter, to the Secretary of State, a report in quarterly reconformity with Form No. 132, showing the nature

port.

of each case determined in the consular court, the proceedings in connection therewith, and what disposition has been made of the fines and fees. They will transmit also, at the same time, to the Fifth Auditor for adjustment, their account for compensation.

CHAPTER XVII.

FORMALITIES TO BE OBSERVED BY A CONSUL GENERAL
OR CONSUL, AFTER HIS ARRIVAL AT HIS POST.

313. AFTER the arrival of a consul general or con- Information of sul at his post, he is required to give information his arrival to be given by a thereof to the United States legation, if there be one consular officer accredited to the government of the country in which to the legation. his consulate is situated, and he should also inform the Department of State of the exact date of his arri val, in order that his transit account may be properly adjusted.

tur, publication

314. It is the practice of the Department to send Exequatur, the consular commission to the legation, with instruc- how obtained. tions to the diplomatic agent to apply for an exequatur, so that the consul general or consul may be officially recognized and enabled to discharge without interruption his consular duties. If there be no lega- On the receipt tion of the United States in the country, the commis- of the exequasion will be sent to the consul himself, who should, thereof to be without delay, transmit it to the proper department, made. and request an exequatur. In either case, he will inform, in respectful terms, 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 as commercial agent until the receipt of his exequatur, he is authorized so to do. As soon as his exequatur is received, notice of it should be made public in the manner usual in the country.

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