§ 4198. — Bond as administrator or guardian; action on bond.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4198]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XIV--POWERS, DUTIES AND LIABILITIES OF CONSULAR OFFICERS
GENERALLY
Sec. 4198. Bond as administrator or guardian; action on bond
No consular officer of the United States shall accept an appointment
from any foreign state as administrator, guardian, or to any other
office or 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 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 damages as shall be legally
assessed, with costs of suit, for which execution may issue in due form;
but if 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 benefit of any person injured by a breach of the
condition of the same until the whole penalty has been recovered.
(June 30, 1902, ch. 1331, Sec. 1, 32 Stat. 546.)
Codification
Section was not enacted as part of the Foreign Service Act of 1980
which comprises this chapter.
Section was formerly classified to section 1178 of this title, and
prior thereto to section 78 of this title.
Section Referred to in Other Sections
This section is referred to in section 4199 of this title.
