Chapter 1331. To prevent any consular officer of the United States from accepting any appointment from any foreign state as administrator, guardian, or to any other office of trust, without first executing a bond, with security, to be approved by the Secretary of State
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CHAP. 1331.— An Act To prevent any consular officer of the United States from accepting any appointment from any foreign state as administrator, guardian, or to any other office of trust, without first executing a bond, with security, to be approved by the Secretary of State. June 30, 1902.[[Public, No. 208](/us/pl/57/208).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Consular Service.Consuls accepting from foreign States appointments as administrators, etc., must give bond.Secretary of State to approve bond.
That no consular officer of the United States shall accept an appointment from any foreign state as administrator, guardian, or to any other office of trust for the settlement or conservation of estates of deceased persons or of their heirs or of persons under legal disabilities, without executing a bond, with security, to be approved by the Secretary of State, and in a penal sum to be fixed by him and in such form as he may prescribe, conditioned for the true and faithful performance of all his duties according to law and for the true and faithful accounting for, delivering, and paying over to the persons thereto entitled of all moneys, goods, effects, and other property which shall come to his hands or to the hands of any other person to his use as such administrator, guardian, or in other fiduciary capacity.
Said bond shall be deposited with the Secretary Proceedings in breach of trust. of the Treasury. In case of a breach of any such bond, any person injured by the failure of such officer faithfully to discharge the duties of his said trust according to law, may institute, in his own name and for his sole use, a suit upon said bond and thereupon recover such 547 damages as shall be legally assessed, with costs of suit, for which execution may issue in clue form; but if such party fails co recover in Judgment. 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 United States not liable.Bond continues until penalty is recovered. no case be liable for the same.
The said bond shall remain, after any judgment rendered thereon, as a security for the benefit of any person injured by a breach of the condition of the same until the whole penalty has been recovered. Sec. 2. That every consular officer who accepts any appointment to Breach of trust, embezzlement. any office of trust mentioned in the preceding section without first having complied with the provisions thereof by due execution of a bond as therein required, or who shall willfully fail or neglect to account for, pay over, and deliver any money, property, or effects so received to any person lawfully entitled thereto, after having been requested by the latter, his representative or agent so to do, shall be Penalty. deemed guilty of embezzlement and shall be punishable by imprisonment for not more than five years and by a fine of not more than five thousand dollars.
Approved, June 30, 1902.