The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-02-18

TO take cognzance according to their reg ulatons.
o such crimes IA are committed on board vessels
belonging to their nation, by members Of tbc
crew, against one another, during the voyag, ;
provided that neither the offender the injured
party subjects of the empires because in such
case, although they may constitute part of said
crew, the local authorities will have the exclusive
right OF taklng cognlzance of such crimes.
ART. 10. When foreign merchant vessels find
themselves in any Of the ports of Brazil, the crii
nal and competent Jurisdiction of their respective
consular agents shall MT extend to criminal Of
fences OF serious character, which may in any
way, disturb public tranquility, affect in par
tlcular manner any Of tho inhabitants of the
country. rr
ART 10. Foreign consular agents shall be
slsted IN making requision to that effect, by the
competent local authorities, not only when they
are in need OF their Intervention and support, in
| the exercise Of their func tions on board said
sells, but also when they require the imp rsonment
and surrender OF sailors and soldiers who may have
deserted from them, or from ships of war, said
consular agents being responsible for the expenses
which such individuals may incur in prison.
ART n. In civil transactions, and such offence
as they may individually commit. foreign consular
agents are subject to the authorities Of the empire
whether the matter at issue affect them directly,
or whether 1t relate to a third party. and their
intervention as private individuals be rendered ne
cessary, said consular agents being treated, how
ever, with all the attention which customary in
court when the summons and declarations are ad-
dressed TO persons holding public offices OF an ee-
not indicted for a criminal offence, with seat by
tho side of the person in authority president Of
the court before whom they have TO appear, except
when they happen TO be merchants, or have been
engaged IN any kind Of business in the country
and the question turns upon matters affecting their
trade or business; because, in this case, the same
treatment must be observed towards them as in the
case of any other private individual.
ART. IS. 1t is only with regard to such offences,
which they may have committed, merchants,
or which may be Of such serious character not to
admit OF bail, that consular agents can be i'm
prsoned without the authorization of the Imperial
government, which, on being apprized that, either
on account of the circumstances attending the
commission OF the offence, for some powerful
reason, said agent ought not to be delivered to the
government oil which he is the subject for trin,
that is not sufficient to expe him from the empire,
or to deprive him Of his exequatur, shall cause him
to be tried by the competent tribunal.
ART. 10. The archives, documents, and official
correspondence OF foreign consuls and vice consus
are exempted from search, and of all and any
animation and investigation whatever the part
OF the authorities of the empire. In case of con-
suar agent being either imprisoned or expelled
without any one being substituted in his place, the
atoreaaid archives, documents, and correspond
ence must be carefully preserved, being stamped
and scaled up by said agent, and by the frat jud-
cary authority residing within the jurisdiction of
| the district
ARr. 90 BraziIiaus exercising the functions Of
foreign consuls and vice consus Brazil shall not
on that account be exonerated from entire subiec-
(,
| and Will be tried and punished by their own trbu
nails whenever they commit any crime, no matter
OF what character; In the same manner, such func.
tons shall not exempt them from performing pub
lie duties, and from serving in the national guard,
when for some special reason they have not OBJ
| tanned an exemption or dispensation from the
same.
Ant a. The houses in which foreign consular
agents reside shall not enjoy the right of asylum,
Notwithstanding the summons, imprisonments,
| and the execution of any judicial mandate of the
country, due attention having been paid to the
guarantees and formalities established by law.
Art. - A decree Of the Government will de-
signatc the points in the empire where consular
agents are or may be received.
ART. 70. The provisions Of the lst, 18Th, lith,
10th, 10Th, and 18th articles of these regulations
shall not be of any avail TO the consular agents md
subjects OF those nations among whom the consular
agents and subjects Of Brazil do not find any reci
procity, the Imperial governmenttd declaring which
of those provisions shall not, for the speci
fed above, be executed.
Arr. "a The ID, 30, 18th, 5lh, 9th, 7th, Sth. and
llth articles shall only go in force in regard TO the
consular agents and subjects OF nation after that
IN virtue OF agreement, reciprocity shall have
been established by means OF an exchange of notes
sald articles being consequently ordered 10 be
cuted in regard to raid nation by decree Of the
government.
PALACE or Rio DE JAsEIao, November 8. 1851.
PAULINE JOSE SoARES DE SOUSA.