of the person for whom and the date when he shall verify any passport, certify any invoice, or perform any other official service, in the entry of the receipt of the fees therefor in such register; and also number each consular act so receipted for with the number of such receipt as shown by such register. The fee-book is to be ruled and kept in accordance with Form No. 101 or 102.

Art. XXV.

402..A passport-book, in which are to be registered Passport-book. all passports issued or visaed by the Consular Officer. (No. 132.)

403..An invoice-book, to be ruled and kept in accord- Invoice-book. ance with Form No. 133, and with the instructions prescribed in the article on verification of invoices.

404..A miscellaneous record-book, for the entry of those official papers and records which cannot conveniently be classified and entered in the record-books above named.

Miscellaneous record-book.

ters received,

405..A register of official letters received at the Consulate, Register of letwhich shall embrace the following information: name of the writer, number and date of letter, when received, its import, and remarks thereon, as prescribed in Form No. 118.

406..A register of official letters sent from the Consulate, stating the date and import of the letter, and the name of the person to whom sent, as prescribed in Form No. 119.

407..A register of landing or debenture certificates, stating the name of the consignee, the date of the certificate, the merchandise, the name of the vessel, the port of shipment and the date of shipment. (Form 134.) A similar form will answer for tobacco or snuff.

408.. In seaports the following additional books will be used: A record-book of commercial returns, to be kept in accordance with Form No. 120, in which must be stated, in respect of vessels, the number, date of arrival, class, name, and tonnage of all American vessels, where belonging, whence from, whither bound, when and where built, master and owner's names; and in respect of cargoes, both inward and outward, under distinct

Of letters sent.

Register of landing certificates.

Commercial re

turns.

heads, as nearly as possible, the description, quantity, and value of the same, and where produced or manufactured.

409.. A seamen's register, in which shall be recorded a detailed list of all seamen shipped, discharged, or deceased at the Consulate or Commercial Agency, and the payments made on account of each, according to Form No. 124.

410..A relief book, showing the number and names of all seamen relieved, from what vessel discharged, date and cause of discharge, and date of leaving the Consulate; embracing also the several amounts disbursed on their account, as particularly described in Form No. 94.

411..A quarterly account current book, in which shall be recorded the account-current furnished quarterly to the Fifth Auditor, as per Form No. 100.

412..A protest-book, for the entry of notes of marine protests, in accordance with Form No. 37.

413..A book for the entry of extended protests. (See Form No. 38.)

414..A daily journal is to be kept, as prescribed in Form No. 135.

415.. When a paper of any description shall be entered or recorded in either of the said books, the same shall be indexed by a reference both to the name of the author and the subject of the paper.

416..The answers received to official letters, and all other papers transmitted to the Consulate, intended to be permanently kept there, shall be put in a proper place, labeled according to their subject-matter, until a sufficient number shall accumulate to form a volume; when they shall be bound and indexed in the same manner as is directed with respect to other records.

417.. All the consular books must be regularly paged; but where blanks occur, (as in the book of original letters, from the covers and unwritten pages,) a cross must be made over the blank page, and it is not to be numbered.

418..The consular books are to be kept distinct from those of the Consul's private affairs; and if the

Consul is at liberty to transact business, his consular business should, if possible, be transacted in a separate apartment from that in which his ordinary commercial or other affairs are carried on, designated by the arms of the United States exhibited at its entrance wherever such an exhibition of the arms is not prohibited by the local regulations.

Art. XXV.

419.. All Consular Officers are instructed to take Care of archives care that the archives are kept in proper order; and with this view, as well as to facilitate reference to previous correspondence, they will keep in their offices registers of all the documents, papers, letters, and books which have been or which may be at any time received, and also of those forwarded by them on matters connected with their official duties. (See Forms 118 and 119.)

420..The originals of all dispatches and letters addressed to a Consular Officer, and copies of all that are written by him in his official capacity, including all official reports and returns, all books presented to the Consulate, or sent to it by the Department, also all the record-books, as described in this chapter, are to be considered as official documents, and are to be deposited among the consular archives, after being duly registered, and are to be transferred with the effects of the Consulate, together with the seal, press, arms, and flag, and all other property belonging to the United States, to his successor in office.

ARTICLE XXVI.

Judicial Powers in Oriental and African Consulates, and Consulates in Uncivilized Countries.

Originals and

copies.

Art. XXVI.

oriental countries.

421..It has already been stated that the Consula Offi- Jurisdiction in cers of the United States in China, Japan, Siam, Borneo, Madagascar, Persia, Turkey, Tripoli, Tunis, and Morrocco, enjoy exceptional and exclusive judicial powers. Reference is made to the former statements on this subject, (paragraphs 38 and 39,) and to the several treaties in the appendix, for the particular jurisdiction conferred in each case.

Art. XXVI.

countries; extent of jurisdiction.

422..The Consuls and Commercial Agents of the In uninhabited United States at islands or in countries not inhabited by any civilized people or recognized by any treaty with the United States are also invested by statute with the power to hear and determine cases in regard to civil rights where the debt or damage does not exceed $1,000, exclusive of costs; and also to issue warrants to arrest offenders, to arraign, try, and convict them, and to punish them to the extent of $100 fine, or to imprisonment not to exceed sixty days.

Modes of proceedings.

Act f 1860.

Turkey.

Egypt.

Barbary States.

Text of laws.

423..The modes of proceedings in these cases and the laws by which Consular Officers are to be governed, are prescribed or provided by the statute.

424..The provisions of the statute of 1860 apply directly to the Consulates in China, Japan, and Siam 425..They apply in terms to Turkey, (see section 21 of the act of 1860,) so far as they relate to crimes and offenses; and as to civil cases, so far as the laws of Turkey permit. The government of the Sublime Porte maintains that there is a discrepancy between the English and Turkish texts of this treaty, and that the Turkish text should govern. While denying the correctness of this proposition, it is thought that Consular Officers in the Ottoman Dominions should aim to avoid raising questions which may make it necessary to provoke discussion on this point.

426.. The government of the Khedive of Egypt having, with the consent of the foreign consuls, organized a system of jurisdiction by mixed courts, Congress authorized the President to suspend the act of 1860 as to that country, and to accept the jurisdiction of the mixed courts during the pleasure of the President. Notice has been given that the President will thus accept the jurisdiction of the courts when they shall be organized.

427.. The statute is also to be extended to other countries with which treaties may hereafter be made, and to the Barbary States so far as in conformity with existing treaties.

428.. Consuls are referred to the text of the laws for

detailed instructions. Some of the leading provisions only will be noticed in this connection.

WHAT LAWS TO GOVERN PROCEEDINGS.

Art. XXVI.

when exercised.

429.. The jurisdiction is to be exercised in conform- Jurisdiction, ity, 1st, with the laws of the United States; 2d, with the common law, including equity and admiralty; and 3d, with decrees and regulations, having the force of law, made by the Ministers of the United States in each country, respectively, to supply defects and deficiencies in the laws of the United States, or the common law, as above defined.

Powers of ministers to make

tions.

430..This power of the Ministers to make laws and regulations is limited, by construction of the De- laws and regulapartment, to acts necessary to organize and give efficiency to the courts created by the act.

431..The authority of a Minister, in an Oriental country, to make regulations having the force of law within the country to which he is accredited, is derived from statute. The statute confers upon a Minister no authority to make a regulation requiring citizens of the United States to register their names, and no power to enforce such a regulation judicially. The authority conferred by the act is defined in the first section to be a judicial authority. The Minister is required to execute the power in conformity with the laws of the United States, with authority to vary from those laws in two cases only: 1. Where those laws are not adapted to the exercise of the judicial authority conferred by section one; 2. Where they are deficient in the provisions to furnish suitable remedies. In each of these contingencies the Minister has authority to make regulations in order "to furnish suitable and appropriate remedies," and for no other purpose whatever. Every power named in the act in this respect is conferred upon the Minister, "in order to organize and carry into effect a system of jurisprudence."

FORMS OF PROCEEDING.

432..The forms and practice in each Consular Court have now become settled by usage. Each Consul will