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22 U.S.C. § 4198 — Bond as administrator or guardian; action on bond
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_b2356b47092f2e6a04d9c55f
Source file: Laws/federal/codes/united-states-code/title-22/section-4198-bond-as-administrator-or-guardian-action-on-bond--27f60acd59.md
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Source location: Title 22, Chapter 52, § 4198; chapter-052-foreign-service.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 1171, R.S. § 1689, which related to general application of provisions to consular officers, was transferred to [section 4191 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4191&num=0&edition=prelim).
Section 1172, R.S. § 4082, which related to solemnization of marriages, was transferred to [section 4192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4192&num=0&edition=prelim) and subsequently repealed.
Section 1173, R.S. § 1707; June 25, 1948, ch. 646, § 39, 62 Stat. 992, which related to receipt by consuls and vice consuls of protests, was transferred to [section 4193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4193&num=0&edition=prelim).
Section 1174, R.S. § 1708; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829, which related to lists and returns of seamen and vessels, etc., was transferred to [section 4194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4194&num=0&edition=prelim).
Section 1175, R.S. § 1709; Mar. 3, 1911, ch. 223, 36 Stat. 1083; June 10, 1921, ch. 18, § 304, 42 Stat. 24; July 12, 1940, ch. 618, 54 Stat. 758, which related to estates of decedents generally and to General Accounting Office as conservator, was transferred to [section 4195 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4195&num=0&edition=prelim) and subsequently repealed.
Section 1176, R.S. § 1710; July 12, 1940, ch. 618, 54 Stat. 760, which related to notification of death of decedent and transmission of inventory of effects of decedent, was transferred to [section 4196 of this title](https://uscode.house.gov/view.xhtml?req
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 1171 to 1195
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Federal law — U.S. Code and appendices · legal_authorities
Every consular officer who accepts any appointment to any office of trust mentioned in [section 4198 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4198&num=0&edition=prelim) 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 deemed guilty of embezzlement and shall be punishable by imprisonment for not more than five years and by a fine of not more than $5,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4199
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 72, R.S. § 4082, which related to solemnization of marriages, was transferred to [section 4192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4192&num=0&edition=prelim) and subsequently repealed.
Section 73, R.S. § 1707, which related to receipt of protests and declarations by consuls and vice-consuls, was transferred to [section 4193 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4193&num=0&edition=prelim).
Section 74, R.S. § 1708, which related to lists and returns of seamen and vessels, was transferred to [section 4194 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4194&num=0&edition=prelim).
Section 75, R.S. § 1709, which related to handling of estates of decedents by consular officers, was transferred to [section 4195 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4195&num=0&edition=prelim) and subsequently repealed.
Section 76, R.S. § 1710, which related to notification of death of a decedent by a consular officer, was transferred to [section 4196 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4196&num=0&edition=prelim).
Section 77, R.S. § 1711, which related to following testamentary directions by a consular officer, was transferred to [section 4197 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4197&num=0&edition=prelim).
Section 78, act June 30, 1902, ch. 1331, § 1, 32 Stat. 546, which related to appointment of a consular officer as a trust officer for settlement or conservation of an estate, was transferred to [section 4198 of this title](https://us
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 72 to 79
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Federal law — U.S. Code and appendices · legal_authorities
Page 1561
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4201
§ 4197. Following testamentary directions; assist-
ance to testamentary appointee
When a citizen of the United States dies in a
foreign country and leaves, by any lawful testa-
mentary disposition, special directions for the
custody and management, by the consular offi-
cer, or in his absence a diplomatic officer, with-
in whose jurisdiction the death occurred, of the
personal property in the foreign country which
he possessed at the time of death, such officer
shall, so far as the laws of the foreign country
permit, strictly observe such directions if not
contrary to the laws of the United States. If
such citizen has named, by any lawful testa-
mentary disposition, any other person than a
consular officer or diplomatic officer to take
charge of and manage such property, it shall be
the duty of the officer, whenever required by the
person so named, to give his official aid in what-
ever way may be practicable to facilitate the
proceedings of such person in the lawful execu-
tion of his trust, and, so far as the laws of the
country or treaty provisions permit, to protect
the property of the deceased from any inter-
ference by the authorities of the country where
such citizen died. To this end it shall be the
duty of the consular officer, or if no consular of-
ficer is present a diplomatic officer, to safeguard
the decedent’s property by placing thereon his
official seal and to break and remove such seal
only upon the request of the person designated
by the deceased to take charge of and manage
his property.
(R.S. § 1711; July 12, 1940, ch. 618, 54 Stat. 760.)
Editorial Notes
CODIFICATION
R.S. § 1711 derived from act Aug. 18, 1856, ch. 127, § 28,
11 Stat. 63.
Section was not enacted as
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4198
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