Külügyi Közlöny 2. 1922 (Budapest, 1923)

1922-07-05 / 12. szám

Article 3. Apart from the cases and respective fees, referred to in tlie Tariff, no fee or remuneration whatsoever shall be due or accepted for services rendered or duties performed by a Consular Officer or his employees. Services to which none of the Items of the Tariff is applicable, shall be free of charge. In such an event the Consular Officer shall, however, bring the respective service rendered to the notice of the Ministry of Foreign Affairs. Article 4. The fee payable for filing an application shall always include that for dealing with the matter provided that in respect of certain services the Tariff contain no other provisions. Article 5. The liability to pay the fees shall be with the party, requiring the Consular services, and in the event of official intervention by the party on whose behalf such intervention is made. In case consular services for which fees are chargeable, are required by two or more persons, their liability shall be a joint one. Fees charged for services rendered to the Hungarian mercantile marine shall in each case be settled by the master mariner, direct. Article 6. As a rule the Consular fees due under the Tariff be paid at the time application is made, or the document, is executed or dealt with by the Consular Officer. Article 7. The Tribunal fees to be deposited in a civil-law suits, and the fees for hearing a probate case (Item 10 Part II) shall be paid or deposited at the conclusion of the hearing, prior to the publication of the judgment or the issuing of the probate deed. If a civil-law suit is to be settled by judicial compromise, the fees for such compromise shall be paid or deposited prior to its being effected, and it shall be distinctly stated in the Act to be drawn up to that effect which of the parties shall have to pay such fees. The fee under Item 9 lit. b) Part 11 shall be paid or deposited prior to the articles in safe custody beig handed over. Article 8. The • following exceptions to the rule embodied in Article 6 shall be permissible: a) During their stay at a port with a resident Hungarian Consul, Hungarian or master mariners may pay the accrued fees under Part I of the Tariff, before leaving port. b) The payment of Consular fees, due for hearing probate cases, such as fees for Certificates, establishing death, legal sequestrations, publications of Wills, Meetings of heirs, drawing up inventories, auctions sales etc., furthermore the fees due in bankruptcy proceedings, for Meetings of creditors and the like, may be delayed until the conclusion of the hearing or until funds are available out of the liquidation of the bankrupt's estate. Article 9. In case of services rendered in respect of which over and above the fees under Part 1 or Part .II, fees under Part III (Additional fees and estimated allowances) are payable, the requisite sums, shall, at the discretion of the Head of the Consular Office, be paid or deposited by the respective party in advance, and subsequently taken account of. If such services in party-matters are rendered officially, the fees due under Part III shall, in cases where Consulates are in charge of commissioned officers, be advance d out of the office Cash and subsequently refunded to them by the party concerned. Article 10. In respect of Tariff-items Part II for which the fees are levied according to value, the fees, if the assessment is based on a fixed amount shall be calculated according to the latter; if, on the other hand, the matter for which a fee is to be charged is an appraisable article, then the value, for computing the fees, shall be ascertained as follows

: a) In cases of securities to Bearer and all other marketable securities, provided they are dealt in on the Stock Exchange, in Hungary, the last official quotations of the Budapest Bourse, known to the Consular Officer at the time of rendering service shall be taken as the basis for computation. b) In the case of securities stated in Paragraph a) if the Budapest quotation is not known at the time of rendering services or in the ease of securities of the kind stated in Paragraph a) in Hungary are not admitted to be dealt in on the Stock-Exchange, the quotations authoritatively accepted by the respective place, or valuation shall be the means of computing the fees. c) In the case of appraisable articles, the confutation shall be upon the basis of the