of his estate, shall immediately notify his death in one of the gazettes published in the consulate, and also to the Secretary of State, that the same may be notified in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the effects of the deceased, taken as before directed. rections 28, v. 11, p. 63. SEC. 1711. When any citizen of the United States, dying Decedent's di abroad, leaves, by any lawful testamentary disposition, lows to be fol special directions for the custody and management, by the, Aug. 18, 1856, 8. consular officer of the port or place where he dies, of the personal property of which he dies possessed in such country, such officer shall, so far as the laws of the country permit, strictly observe such directions. When any such citizen so dying, appoints, by any lawful testamentary disposition, any other person than such officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so appointed, to give his official aid in whatever way may be necessary to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country permit, to protect the property of the deceased from any interference of the local authorities of the country where such citizen dies; and to this end it shall be the duty of such consular officer to place his official seal upon all of the personal property or effects of the deceased, and to break and remove such seal as may be required by such person, and not otherwise. False certifi cate of property. v. 2, p. 204. SEC. 1737. If any consul, vice-consul, commercial agent, or vice-commercial agent falsely and knowingly certifies Feb. 28, 1803, s. that property belonging to foreigners is property belonging 7, to citizens of the United States, he shall be punishable by imprisonment for not more than three years and by a fine of not more than ten thousand dollars. When consular officers may per functions. SEC. 1738. No consular officer shall exercise diplomatic functions, or hold any diplomatic correspondence or rela- form diplomatic tion on the part of the United States, in, with, or to the Aug. 18, 1856, s. Government or country to which he is appointed, or any 12. v. 11, p. 56. other country or Government, when there is in such coun- under Treason. try any officer of the United States authorized to perform diplomatic functions therein; nor in any case, unless expressly authorized by the President so to do. See sec. 5335, SEC. 1750. Every Secretary of legation and consular offi- Title 18, chap. 3. cer is hereby authorized, whenever he is required or deems Depositions. it necessary or proper so to do, at the post, port, place, or within the limits of his legation, consulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition, and notarial act administered, sworn, affirmed, taken, had, or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before jury in such cases. any other person within the United States duly authorized Penalty for per and competent thereto. If any person shall willfully and corruptly commit perjury, or by any means procure any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to administer or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment and disability therefor as are or shall be prescribed Evidence of by any such act for such offense; and any document purporting to have affixed, impressed, or subscribed thereto or thereon the seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being Penalty for genuine or of the official character of such person; and if forging certifi care of oath. any person shall forge any such seal or signature, or shall Aug. 18, 1856, 8. tender in evidence any such document with a false or counSee sees. 5392, terfeit seal or signature thereto, knowing the same to be 5393, Perjury. taking the oath. 24. v. 11, p. 61. Certain corre. spondence by offi 59. 1874. false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on conviction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, therefor, in the district where he may be arrested. or in custody. SEC. 1751. No diplomatic or consular officer shall correcers prohibited. Spond in regard to the public affairs of any foreign GovIbid., s. 19. P. ernment with any private person, newspaper, or other See June 17, periodical, or otherwise than with the proper officers of the United States, nor recommend any person, at home or abroad, for any employment of trust or profit under the Government of the country in which he is located; nor ask nor accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind, from any such Government. June 17, 1874. bidden. employment or Nor shall any diplomatic or consular officer correspond in Certain corre regard to the public affairs of any foreign Government with spondence for any private person, newspaper, or other periodical, or otherNot to recom- Wise than with the proper officers of the United States; mend persons for nor without the consent of the Secretary of State previously accept titles or obtained, recommend any person at home or abroad for any June 17, 1874, employment or trust or profit under the Government of the v. 18, p. 77. country in which he is located; nor ask or accept for himpresents, and self or any other person, any present, emolument, pecuniary contributions, favor, office, or title of any kind from any such Government. presents See Bribes. Division IV. Sec. EXPATRIATION. 1999. Right of expatriation declared. 2000. Protection of naturalized citizens in foreign countries. Sec. 2001. Release of citizens imprisoned by Title 25. triation declared. SEC. 1999. Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this 1, Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic. Right of expa July 27, 1868, s. v. 15, p. 223. Protection to naturalized citi SEC. 2000. All naturalized citizens of the United States, while in foreign countries, are entitled to and shall receive zens in foreign from this Government the same protection of persons and property which is accorded to native born citizens. states. ernments to be SEC. 2001. Whenever it is made known to the President Release of citi zens imprisoned that any citizen of the United States has been unjustly by foreign gov. deprived of his liberty by or under the authority of any demanded. foreign government, it shall be the duty of the President Ibid., s. 3, p. forthwith to demand of that government the reasons of 224. such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall as soon as practicable be communicated by the President to Congress. Sec. EXTRADITION. 5270. Fugitives from the justice of a foreign country. Act Aug. 3, 1882. Evidence on the 5272. Surrender of the fugitive. Sec. 5277. Penalty for opposing agent, etc. 5279. Penalty for resisting agent, etc. 5409. Allowing prisoners to escape. SEC. 5270. Whenever there is a treaty or convention for extradition between the Government of the United States and any foreign government, any justice of the Supreme Court, circuit judge, district judge, commissioner, authorized so to do by any of the courts of the United States, or Title 66. Fugitives from foreign country. the justice of a Aug. 12, 1848, s. 1, v. 9, p. 302. to 1891. hearing. judge of a court of record of general jurisdiction of any Aug. 3, 1882. 14 How., 115; 5 Blatch., 137; 30 Fed. Rep., 303; 16 Repeal of R. S., sec. 5271, and 59). pal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any deposition, warrant or other paper or copies thereof, so offered, are authenticated in the manner required by this act. SEC. 6. The act approved June nineteenth, eighteen hun1876, June 19, ch. dred and seventy-six, entitled "An act to amend section 133 (19 Stat. L., fifty-two hundred and seventy-one of the Revised Statutes of the United States", and so much of said section fiftytwo hundred and seventy-one of the Revised Statutes of the United States as is inconsistent with the provisions of this act are hereby repealed. Surrender of See secs. 5409, 5410. SEC. 5272. It shall be lawful for the Secretary of State, the fugitive. Aug. 12, 1848, s. under his hand and seal of office, to order the person so 3, v. 9, p. 302. committed to be delivered to such person as shall be au thorized, in the name and on behalf of such foreign government, to be tried for the crime of which such person shall be so accused, and such person shall be delivered up accordingly; and it shall be lawful for the person so authorized to hold such person in custody, and to take him to the territory of such foreign government, pursuant to such treaty. If the person so accused shall escape out of any custody to which he shall be committed, or to which he shall be delivered, it shall be lawful to retake such person www. in the same manner as any person accused of any crime against the laws in force in that part of the United States to which he shall so escape, may be retaken on an escape. SEC. 5273. Whenever any person who is committed under this title or any treaty, to remain until delivered up in pursuance of a requisition, is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, it shall be lawful for any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered. Time allowed for extradition. Idem, 8. 4. provisions lim Idem, s. 5. SEC. 5274. The provisions of this Title relating to the Continuance of surrender of persons who have committed crimes in foreign ited. countries shall continue in force during the existence of any treaty of extradition with any foreign Government, and no longer. Protection of the accused. Mar. 3, 1869, s. SEC. 5275. Whenever any person is delivered by any foreign Government to an agent of the United States, for the purpose of being brought within the United States and 1, v. 15, p. 337. tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused. of agent receiving Government. SEC. 5276. Any person duly appointed as agent to receive, Powers in behalf of the United States, the delivery, by a foreign offenders deliv Government, of any person accused of crime committed ered by a foreign within the jurisdiction of the United States, and to convey Idem, s. 2. him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner's safe-keeping. Penalty for op posing agent, etc. Idem, 8.3. SEC. 5277. Every person who knowingly and willfully obstructs, resists, or opposes such agent in the execution of his duties, or who rescues or attempts to rescue such prisoner, whether in the custody of the agent or of any officer or person to whom his custody has lawfully been committed, shall be punishable by a fine of not more than one thousand dollars, and by imprisonment for not more than one year. SEC. 5278. Whenever the executive authority of any State Fugitives from or Territory demands any person as a fugitive from justice, justice of a State or Territory. |