SECTION II. AUTHORIZATION OF CONSULS. ARTICLE 161. Duty of nations to receive consuls. 163. Forbidding consuls to engage in business. 165. Commission required. 166. Formal act of permission required. 167. Exception as to temporary consuls. 168. Notifying appointment to local authorities. Duty of nations to receive consuls. 161. Any nation may appoint consuls in all the ports, cities and places of any other nation; subject to the right of the latter to exclude the consuls of all nations whatever' from places where it may not be convenient to recognize such officers." Convention between the United States and Italy, Feb. 8, 1868, 15 U. S. Stat. at L., (Tr.), 185, Art. I.; and other treaties of the United States. Consular convention between France and Austria, Dec. 11, 1866, 9 De Clercq, 669, Art. I. Treaty of friendship, commerce and navigation between France and Honduras, Feb. 22, 1856, Art. XIX., 7 De Clercq, p. 10. 1 By this provision, the nations uniting in this Code will not be excluded from any ports in other such nations to which consuls from any nations, whether parties to the Code or not, are admitted. This is the principle of the treaties. 2 Exclusion in case of war is provided for in Book Second of this Code. Exclusion of consuls. 162. A nation may withdraw its permission from the consuls of all nations whatever, at any place, upon communicating the reasons for so doing to the nations parties to this Code, whose consuls are thereby excluded. Suggested by the treaty of friendship, commerce and navigation between France and Peru, March 9, 1861, Art. XXX., 8 De Clercq, 193. Forbidding consuls to engage in business. 163. A nation may at any time forbid consuls received by it to engage in business. The French law forbids the consuls of France to carry on any business, and it seems proper to reserve a right to a nation receiving consuls to impose similar restrictions. Guide Pratique des Consulats, vol. 1, p. 66. Appointment of subordinates. 164. A nation may authorize its consuls,' resident within the territory of another nation, or its public ministers' accredited thereto, to appoint vice-consuls, and other subordinate or temporary consular officers, and to remove the same. 1 Convention between the United States and 1 France, Feb. 23, 1853, Italy, Feb. 8, 1868, Belgium, Dec. 5, 1868, Art. V., 10 U. S. Stat. at L., (Tr.,) 114. Consular convention between France and Austria, Dec. 11, 1866, Art. VII., 9 De Clercq, p. 669. Portugal, July 11, 1866, IV., 9 Id., 582. 2 Treaty of friendship, commerce and navigation between France and Peru, March 9, 1861, 8 De Clercq, 193; Instructions to Diplomatic Agents of United States, Art. XXIV. 3 The power of removal is not found to be expressly sanctioned in the books; but it seems proper that the tenure of such subordinate officers should be subject to the pleasure of the appointing power. Commission required. 165. A consul must produce a suitable commission from the authority by which he is appointed. 2 Phillimore, Intern. Law, pp. 240, 241. The commissions of vice-consuls and consular agents, appointed by a consul or consul-general, are issued by the latter, according to the treaty between the United States and Italy, Feb. 8, 1868, 15 U. S. Stat. at L., (Tr.,) 185, Art. VIII. Formal act of permission required. 166. A consul can perform no official act until he has received' from the nation of his residence a formal act of permission. Such permission, when issued, must be free of charge.' 2 1 Halleck, Int. Law, p. 242, § 4; Bluntschli, Droit Int. Cod., § 246, note. Treaty between the United States and Honduras, July 4, 1864, 13 U. S. Stat. at L., 699, Art. X. The United States Consular Regulations, (1868,) pp. 189, 190, on this point, sanction his acting as commercial agent, by consent of the local authorities, before receipt of his exequatur. 2 Exequatur. 2 Phill. Int. Law, 241. This is in various forms in different countries. Lawrence's Wheaton, p. 423, note 143. The more common form of exequatur in use in France, England, Spain, Italy, the United States, Brazil, &c., is letters patent signed by the executive head of the nation, and countersigned by the minister of foreign affairs. In other countries, as in Russia and Denmark, the consul simply receives notice that he is recognized, and that the necessary orders have been given to the local authorities at his residence. In Austria, exequatur is simply written upon his commission, and authenticated by the Emperor's seal. Guide Pratique des Consulats, vol. 1, p. 134. The exequaturs of French consuls are asked for and sent to their destination by the French minister accredited to the nation of the consul's residence. Guide Pr. des Cons., vol. 1, p. 135. 3 By the general usage, exequaturs are issued free of charge. They are required to be furnished free of charge, by the treaty between the United Portugal imposes the same charge as is required by the nation of the consul in question. England, Italy, Spain and Brazil impose charges ranging from forty to four hundred and fifty francs. Guide Pr. des Cons., vol. 1, p. 138. Exception as to temporary consuls. 167. The last two articles do not apply to subordinate officers temporarily acting in the cases authorized by article 106. The French rule requires an exequatur for the consular agents commissioned by consuls, but not for consular pupils, chancellors, interpreters, clerks, or other secondary officers, nor for temporary incumbents dis- charging the functions of the office during vacancy. Guide Pratique des Consulats, vol. 1, p. 137. Notifying appointment to local authorities. 168. A consul,' on arriving at his post or receiving his commission there, must notify his appointment to the authorities of the city, port or place constituting his district. 1 The appointment of a deputy consul or consular agent must be notified to the local authorities of the place where he is to act. Without their recognition of his appointment, it would be improper for a deputy consul to communicate officially with them. United States Consular Regulations, (1868,) p. 154. Notifying permission. 169. A consul receiving a formal act of permission, must notify the same to the authorities mentioned in the last article.1 From the time of such notification only, he is entitled to the immunities provided in this Chapter.' The treaty of friendship, commerce and navigation between France and Peru, March 9, 1861, Art. XXX., (8 De Clercq, 193,) requires that consuls, vice-consuls, or simple consular agents, must also notify their appointment to the local authorities of the place of their exequatur. It is the usage of some governments to give this notice to the local authorities themselves, so that the consul is not charged with the duty. Guide Pr. des Cons., vol. 1, p. 135. 2 On the exhibition of the exequatur, consuls shall enjoy the rights, prerogatives and immunities which are granted. Convention between the United States and Italy, Feb. 8, 1868, 15 U. S. Stat. at Large, 185, Art. II. SECTION III. POWERS OF CONSULS. ARTICE 170. Powers conferred or defined by this Code. 171. Protection of members of friendly nation. 172. Non-contentious jurisdiction. 173 Other powers may be conferred. 174. Certified copies of consular acts. 175. Authority presumed. 176. Protection of rights, and complaints against wrongs. 177. Diplomatic character. 178. Termination of powers. 179. Powers not terminated by change of government. Powers conferred or defined by this Code. 170. A consul has power: 1. In reference to deserters, in the cases and to the extent mentioned in Section II. respecting EXTRADITION OF DESERTERS, of Chapter XVIII., entitled EXTRADITION; 2. In reference to the administration of estates, in the cases and to the extent mentioned in Chapter XXVI., entitled RIGHTS OF PROPERTY; 3. In reference to wrecks, in the cases and to the extent mentioned in Chapter XXVII., entitled WRECKS; 4. In reference to marriage, in the cases and to the extent mentioned in the Chapter entitled MARRIAGE, of the Title respecting THE CONDITION OF PERSONS, in Part V., concerning PRIVATE RIGHTS OF PERSONS; 5. In reference to the sale of ships and adjustment of average, in the cases and to the extent mentioned in the article entitled Authorizing Sale of Wrecked Property, in Chapter XXVII., concerning WRECKS, and in the article respecting Consular Power, in Chapter XXXIV., entitled GENERAL AVERAGE ; 6. In reference to judicial proceedings affecting members of his nation, in the cases and to the extent mentioned in the article respecting Power of consuls to appear for members of his nation, in the Title concerning JUDICIAL POWER, of Part VI., entitled ADMINISTRATION OF JUSTICE; and, 7. In reference to controversies, order and discipline on board ship, in the cases and to the extent mentioned in the article respecting Judicial power of consuls, in the Title concerning JUDICIAL POWER, of Part VI., entitled ADMINISTRATION OF JUSTICE. Protection of members of friendly nation. 171. A consul may exercise the powers mentioned in the last article, for the protection of the rights of person and property of members of any friendly nation whatever, which has no public agent at the same place. Guide Pratique des Consulats, vol. 1, p. 376. The power does not extend to ordinary notarial acts. Non-contentious jurisdiction. 172. A consul has power, subject to such qualifications as may be contained in the laws or instructions of his government, to take and authenticate, at any place within his district: 1. Affidavits and depositions by any inmate of a ship |