For convenience of reference I inclose copies of the paragraph and
section mentioned.
[Inclosure 1.]
[Instructions to Diplomatic Officers, sec. 33.]
Notarial services.—The existing statute
authorizes secretaries of embassy or legation to administer oaths,
take depositions, and generally to perform notarial acts. (R. S.,
sec. 1750.) This statute is not construed by the Department of State
as mandatory on a secretary of embassy or legation. He is at liberty
to act or refuse to act, but it is thought that he will feel it his
duty to accommodate persons desiring his services in a notarial
capacity. When so acting he is entirely outside of his official
duties, and his compensation, if he receives any, will belong to him
personally.
[Inclosure 2.]
[Revised Statutes of the United States, sec. 1750.]
Every secretary of legation and consular officer is hereby
authorized, whenever he is required or deems 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 any other person within the United States
duly authorized 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 or 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 [Page 1065] 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 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 genuine or of the official character of such person; and if
any person shall forge any such seal or signature, or shall tender
in evidence any such document with a false or counterfeit seal or
signature thereto, knowing the same to be false or counterfeit, he
shall be deemed and taken to be guilty of misdemeanor, and on
conviction shall be imprisoned not exceeding three years nor less
than one year, and fined in a sum not to exceed $3,000, and may be
charged, proceeded against, tried, convicted, and dealt with
therefor in the district where he may be arrested or in custody.
