functions. § 151. The Consular functions are of three The Consular classes, viz., judicial, administrative and magistratic. functions. Exterritoriality (described in §§ 45, 46 & 47), Judicial as stated above, is granted by special treaties and, in such case, the Consul's attributes are extended to that of civil and criminal jurisdiction over his countrymen, in conformity with the laws and regulations of his country. The extraterritorial jurisdiction, criminal and civil, in countries which have ceded the right of extraterritoriality to resident foreigners, is thus exercised by virtue of express treaty stipulations with special prerogatives. The judicial powers of Consular officers in Oriental, non-Christian and uncivilized countries, are regulated by special legislation of the State to which the Consular officer belongs and based on the respective treaties. Concurrent jurisdiction (referred to in § 49), is the amount of jurisdiction allowed to the Consular officer, by international treaties and usages, in countries where foreigners have no right of exterritoriality. Consuls. To rank with, but after, Captains R.N. of 3 years' Vice-Consuls. To rank with, but after, Lieutenants and Naviga- Consular Agents.-To rank with, but after, all other Lieutenants Agents and Consuls General, with Commodores. do. Consuls and Commercial Agents,... with Captains. Vice-Consuls, with Lieutenants. do. do. do. The precedence is determined among officers of the same rank by the date of commission (U. S. Consular Regulations 1881. Sections 430-434). Administrative functions. The administrative functions of the Consular officer are as follow. 1o. General vigilance of the Consul over the interests of commerce and shipping of his country and over the interests of its subjects or citizens. He is bound to assist compatriots who are in need of his help with the authorities of the country. He sees that the laws are properly administered and communicate with his Government if injustice is done with respect to its subjects or citizens. 2o. His relations to the department of Foreign Affairs of his country and its diplomatic representative accredited to the country where the Consulate is established. 3°. His relations to the Naval officers and the public vessels of his country. 4°. His right to reclaim deserters in conformity with usage or treaties. 5°. The relief and sending home of shipwrecked and unemployed seamen of his nationality and of other nationalities serving on board vessels of his country. 6o. The relief and sending home of destitute persons of his nationality and of other nationalities enjoying the Consular protection of his State in loco. 7°. Transportation of persons, charged with crimes committed on board vessels of his nationality on the open sea, mutiny and the like, and of condemned prisoners, in countries with conditions of exterritoriality. 8°. His periodical reports and special official informations to his Government upon commercial, economical and political matters. 9°. Registration of the subjects or citizens of his State residing within his jurisdiction. 10°. His accounts and returns, periodical and special. functions. 11°. Proper arrangement and care for all that belongs to the official archives of the Consulate. The magisterial functions of the Consular offi- Magistratic cer, as being invested with some part of the executive government of his State, in certain branches of the department of a public civil officer, of the Justice of Peace and of the Notary Public are comprehended in the following duties. 1o. His function with regard to the registration and authentication of births, deaths, marriages and divorces. 2o. The administration of properties of intestate deceased subjects or citizens of the State. (See, with regard to deceased seamen, § 70, subs. 31°). 3o. His duties with regard to the registration of bills of sale and the certificate to be granted to that effect to subjects or citizens of his country, being purchasers of foreign vessels within his jurisdiction. The provisional sea-pass to be issued to permit the vessel to use the national flag pending its formal registration. 4. Passports to subjects or citizens of his State in conformity with his instructions. 5°. The right to claim the extradition or surrender of fugitive criminals. His duties with regard to commissions rogatoires (as described in § 87), in the absence of a diplomatic representative, in conformity with treaties. 6°. The arbitration in the case of differences which are voluntarily brought before the Consular officer by his fellow-countrymen, especially in matters relating to commerce, to disputes which have taken place on board ship, and those with regard to wages of seamen on board vessels of the Consul's nationality. 7°. The settlement of disputes between masters, officers and crews of national vessels. 8°. Disciplinary jurisdiction over crews of national vessels in conformity with treaty stipulations (comp. §§ 110 & 111). 9°. The duties of the Consular officer with regard to the shipment and discharge of seamen and, in particular cases, the appointment of masters (comp. §§ 68 & 70). 10°. His duties with regard to protests and reports of masters of vessels of his Nation (comp. $68, sub-sections 15-38). 11°. The appointing of and administering of oaths to surveyors and experts in order to certify the seaworthiness of vessels, to assess certain damages incurred through sea or collision and for extra-repairs in foreign ports (comp. § 68, subsection 5°. and §§ 69, 77 & 117). 12°. The duties of Consular officers with regard to salvage and wrecks, wrecked and stranded vessels and surveys (comp. §§ 78 & 117). 13°. Duties as emigration officer. 14°. Duties with regard to the revenue and customs regulations of his country, manifests, etc. 15°. Duties with regard to the National Board of Health, bills of health, etc. The duties and attributes of Consular officers are determined by special treaties and by the laws of their own country. As their functions are public, their instructions are all made public, as well as the rules which regulate the details of their respective duties. In the next section some of these rules are noted which are found, with little variations, in almost all Consular Regulations. Rules for the Consular Office. $152. 1°. Consular officers require the exe- The Exequatur. quatur or visum of the Government of the country in which they are established to the commission conferred upon them, before they can enter upon their functions, unless permission for the provisional exercise of the Consular functions be there granted to them, immediately after the receipt of their appointment. They shall give immediate notice to the Legation or Consulate General and to the Ministry of Foreign Affairs, under which they serve, of any difficulty which may arise respecting their recognition or admission to the exercise of their functions. Arms. 2o. The Consular officers, after their recogni- The National tion as such, may place their arms over the door of their residence; always bearing in mind, in so doing, that this permission has for its object simply the convenience of subjects or citizens of their country and, by no means, serves to elevate the Consulate or the Consular residence into a place of refuge, in the countries where this is at variance with law or custom. They should strictly abstain from all connection with or support of political parties in the country in which they are established. 30. They should always act with the greatest Relations with caution in their communications with the local authority and other officials, so that, on the one hand, the consideration and the privileges attached to their office be preserved inviolate, but also, on the other hand, no occasion be given for just complaint by exaggerated claims. Vice-Consuls 4°. The Consuls General and Consuls can Appointment of appoint Vice-Consuls and Consular agents in and Consular agents. |