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341
CHAPTER VI.—Fees Collected not to be
Returned.
It frequently happens in Consular practice, that parties who have
requested and obtained the Consular legalisation of a document,
afterwards demand the return of the fees collected for the
legalisation, on the grounds that, through a mistake on their own part, or
for some other reason not connected with the Consulate, the legalised
document is no longer of any use to them. It is to be borne in mind,
that once a document is issued or legalised at the request of the parties,
there is no reason why the Consular fee should be returned. In
legalising a document, the Consular Officer acts on the same lines
as a Notary Public, and no Notary Public after having legalised
a document would consent to return the fee for so doing on the strength
of the declaration of the parties that the document had become useless.
It would be impossible, under such conditions, to keep the Consular
books in order. In November 1902 a firm in Glasgow lodged a
complaint against the Russian Vice-Consul at that place, for refusing
to return the fees collected by him for legalising a document which
for some reason connected with the firm’s business had become useless
to them. The Russian Ministry of Foreign Affairs decided that
the fee levied from the firm could not be refunded, in view of the fact
that the Consular legalisation had ceased to be necessary for reasons
.not connected with the Consular Office.1
CHAPTER VII.—No Fees for Overtime.
In the Russian Consular Tariff no provision is made for increased
fees as overtime charges in respect of Consular acts performed after
Consular hours. Russian subjects are entitled, in urgent cases, to
apply at any time of the day to Russian Consular authorities
without paying any extra fee whatever. The duty of looking after Russian
interests and of assisting destitute Russian subjects is incumbent
on Russian Consular Officers, not only in their Consular hours but,
according to the nature of the case, at all times. On the other hand
it should always be recognised that the Consul ought not to be troubled
after his Consular hours without urgent cause. Non-Russian subjects
must keep strictly to the Consular hours as published in the local
guides and directories. Should a foreign subject urgently desire
the visa of his passport, a bill of health, or some similar document
after Consular hours, owing to unforeseen circumstances, the Consul
1 Letter of the nth March 1903, Sub-No. 2329 of the I. Department of the
Russian Ministry of Foreign Affairs.
§§ 365, 366.
§ 365.
Fees
collected are
not
returnable.
§ 366.
No fees for
overtime.
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