Page:United States Statutes at Large Volume 30.djvu/809

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 36. 1898. 771 in titute, in his own name and for his sole use, a suit on said bond, and thereupon recover such damages as shall belegally assessed, with costs of suit, for which execution may issue for him in due form; but if such party fails to recover in the suit, judgment hall be rendered and execution may issue against him for costs in favor of the defendant, and the United States shall, in no case, be liable for the same. The said bond shall remain, after any judgment rendered thereon, as a security for the beneiit of any person injured by a breach of the condition of the same until the whole penalty has been recovered; and the proceeding shall always be as directed in this section." Sec. 2. That section sixteen hundred and ninety-eight of the Revised Statutes of the United States be, and the same is, amended to read as _ o ows: · “Sec. 1698. Every vico·consul-general or vice-consul shall, before he ,,f§,‘l,‘Q§f_"°°°°“'“‘ enters on the execution of his trust, give bonds, with such sureties, KS-,¤¤¤-1698.v-Bw. who shall he permanent residents of the United States, asshall be '“"°"°°°‘ approved by the Secretary of State, in a sum not less than two thousand dollars nor more than ten thousand dollars, conditioned for the true and faithful discharge of the duties of his office according to law, and for truly accounting for all moneys, goods, and effects which may come into his possession by virtue of his office. The bond shall be lodged in the office of the Secretary of the Treasury. In case of a ·°“‘*°°·°*°• breach of any such bond, any person thereby injured may institute, in his own name and for his sole use, a suit on said bond, and thereupon recover such damages as shall be legally assessed, with costs of suit, for which execution may issue for himin due form; butif such party fails to recover in the suit, judgment shall be rendered and execution may issue against him for costs in favor of the defendant, and the United States shall in no case be liable for the same. The said bond_ shall remain after any judgment rendered thereon as a security for the beneilt of any person injured by a breach of the condition of the same. until the who e penalty has been recovered; and the proceedings shall always be as directed in this section. That when suit is brought upon h$g"*°•°¤v¤¤¤i1¤d _ the bond prescribed in this or the preceding section, if the principal in me °°"°"' the bond resides in a foreign country, the summons, or other process, may be served upon him by tiling a certilied copy of the same with the Secretary of the Treasury, which service shall be deemed sufficient to give the court jurisdiction over the person and property of the defendant; and the bond prescribed in this and the preceding section shall contain a condition to accept such service as suiilcient to give the court jurisdiction as aforesaid. The principal shall have ninety days from *PP¤•¤¤¤•·•*¤· the time of such service in which to enter his appearance in the action. ` When a copy of such ummons or other process has been filed with the Secretary of the Treasury, he shall at once mail a copy thereof to the principal at his last known place of residence." Sec. 3. That section seventeen hundred and thirty-four of the Revised Statutes of the United States be, and the same is, amended to read as fo lows: ·*Sm0. 1734. Every consular officer who willfully neglects to render {'gP‘;@j'!,*;j;m true and just quarterly accounts and returns of the business of his amended. ’ office, and of moneys received by him for the use of the United States, or who neglects to pay over any balance of said moneys due to the United States at the expiration of any quarter, before the expiration of the next succeeding quarter, or who shall receive money, property, or etfects belonging to a citizen of the United States and shall not within a reasonable time after demand made upon him by the Secretary of State or by such citizen, his executor, administrator, or legal representative, account for and pay over all moneys, property, and effects, less his lawful fees, due to such citizen, shall be deemed guilty of embezzlement, and shall be punishable by imprisonment for not more -P•¤*“W• than five years, and by a line of not more than two thousand dollars." Approved, December 21, 1898.