The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-18


observed in taking possession of, and 10 administering
TO- the property OF deceased subjects of their respective
nations Ia case Of reciprocity
In virtue OF The 1921 article sec ~ OF the consuu
on and OF the 10th article OF the law OF the 2sth OF Dc
tobe 1885, and having heard the opinion OF the respec
tive sections OF the Council OF State, think fit TO order
the execution OF the following regulations defining the
exemptions and functions OF foreign consular agents in
the empire and the formates to be observed in taking
possession oil and IN administering to, the property OF de
ceased subjects OF their respective nations OF
ciprocity.
Signed by Pauline Jose Soares de Sousa, of my coun-
cal, Minister and Secretary OF State Tor Foreign Affairs
who will thus understand the same and il 10 be
executed.
Palace of Rio Janeiro the sth day of November 1851
and the thrteh of the independence and the empire with
the signature of His Majesty the Emperor
PAULINE JOSE SOARES DE SOUSA.
Regulations referred 10 in HE Decree No s55, Of No
Uember 8, 1881.
Art Consular agents-thal is to say foreign consus
and vice consus IN the empire having obtained the i'm
peral exequaur for their nomnaons-shall freely
else the functions OF administrative character proper to
their charge, which, without detrment the laws OF the
country. may have been imposed upon them by their
governments
They are free 10 favor and promote the lawful nayga
ton and of their fellow countrymen; to pro-
tect the against illegal measures assist them in
their just pretensons before the local authorities TO
latter, to the imperial government through the medium of
the diplomatic agent OF their nation, directly if there
should not be any; TO set forth, by said means, the
measures that have been adopted which NAV affect or
tend to inIure the commerce and navigation of their
country and finally, 10 perform ot0er administrative
acssuch to receive the declarations, protests written
atdavs, and other documents which may be presented
TO them by the captains OF vessels belonging their
tons 10 authenticate the same TO issue certificates to
draw up maritime and marriage contracts between their
own countEymen and other acts of this character, ac-
nj he'll
governments.
Art. q AS as foreigner domiciled in Brazil,
dies nes'ate, having wife in the land, nor heirs
recognised as such present. 10 whom would belong the
right OF taking possessions head OF the family in order
TO take an inventory and portion out the estate,
with will If the heirs should be foreigners and happen
10 be absent, and the executors OF said will should
be absent likewise, the Judge Of probate for deceased
persons and absentees shall proceed with the respective
consular agent 10 take possession OF the estate the
ody of which 10 be ntrused said agent; the above
mentioned Judge causing at first oicio inventory TO
be taken, which proceeding must take place in the
presence OF the consular agent aforesaid.
This Intervention on the part OF consular agents shall
not take place when any heir recognised such happens
to be Brazilian citizen even though he should be absent
Art B. The inventory being concluded, the effects be.
longing 10 The estate shall be ntusted 10 the admnistra
lion and liquidation of the consular agent, who will
be at liberty 10 dispose OF the the proceeds thereof
deliver them TO the legitimate heirs until il is as
cealnedprecedng notices having been published in the
newspapers Immediately alter taking possesson-that
creditor TO said estate has appeared within the period OF
one any JUDICIAL question been penulng the
mean while in regard to ii, the duties to which said
estate subject by the laws Of the empire been left
unpaid. In order TO ascertain whether the payment OF
duties required not will be necessary for the
sula agent 10 show by satisfactory documents duly au
thentcated, what the degree OF kindred between the
deceased and his heir or heirs
Art 4. Al the expiration Of the year mentioned in the
foregoing articles there being no Judicial question pend
ing in regard 10 the estaeihe fiscal duties having been
paid, being acerianed that The payment Of suca
requiTedthe consular agent shall be liberty TO dis
pose OF said estate and transmit the proceeds OF The
10 those who have rgh, TO H. according to his nstIuc
lions, being then considered by the tribunals OF the
Try the representative oil the heir or heirs, to whom he
will be alone responsible
Art. 5. II there be evidence OF debts, questions pend
ing affecting only portion of the estate, the provision
OF the preceding article may, at the expiration OF one
year, and the tulhmen OF the acquisitions OF the Sd
article, be carried out in regard 10 that portion which il
unincumbered and free, public depose being previously
made OF OF money covering the amount OF the debt
question pending, reservation made Tor the Object
embraced in said question.
Art. g. II any foreigner domlcilei IN Brazil die under
The circumstances mentioned The I'd article oil this reg
ualion, where there is consular agent OF hls
nation the Judge OF probate for deceased persons and alb
sentees shall proceed TO take possession and make an
yenoTy OF the estate IN the presence OF two trustworthy
witnesses belonging 10 the nation OF the deceased, and
for want Of such, in the presence OF two merchants OF
property holders oil respecaby, either oil whom becom
ing administrators for the settlement OF the estate unit
provision sha have been made IN regard TO the dis
position Of The clear and undsputed proceeds accuna
from IT,
y.
shall be the duty OF the Judge OF probate TO transmit
within the period Of fifteen days after having been notified
of the death OF any foreigner in his district under the cir
cnmsances mentioned in The 81 article TO the Minister
Foreign Affairs, accompanied by certificate OF the death
account OF the age, residence place OF brlh, profession
and what has been asceraned in regard TO the property
and relatives OF said foreigner 10 order that the minister
aforesaid may communicate with the respective Legation
or consular agent in regard 10 disposing OF the unlncum
bered portion Of The estate.
Art s. In the case alluded 10 the 9Th article, neither
administrators
power to discharge any Of the debts OF The deceased with
out the authority OF the Judge Of probate who is not Il
order payment OF the without consulting The eonsu
lar agent or the administrators.
Exception 10 be made for the expenses oil the funeral
which shall al be authorized by the aforesaid con
sui, if possible by the competent authorities OF The
district with a regard TO the capabilities OF the estate
Art Q. When deceased foreigner has been partner
in any mercantile firm, IS indebted 10 merchants io
considerable OF money, II will be necessary TO pro
coed according the provisions OF the a09h and 5l0t
articles OF the commercial code To the Judge oil probate
for absenees and 10 the respective consular agent, vii
numbered portion Still apperialniDg TO The estate. The
consular agent however. may IN the terms OF the article
aforesaid, require whatever may fall TO the benefit OF The
same.
Art TO- In those cases when according 10 the 9th ar
Gle of these regulations administrators TO the unclaimed
estate. OF foreigners appointed they shall receive,
they require IT, the per ceDiage established BY the laws oil
the empire for the curaiors OF such estates and the
emoumenls OF the Judge 81 probate shall be determined
in the same way.
customary with members OF the diplomatic corps, unless
a. aUen la heen engaged KIND oil