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


The original Of the following law, recently
enacted In Brazil, has been submitted to the
Department OF State by the Representative OF
that Power near this Government:
TRANSLATION
Decree No. 500. Of the S IF November, 1851. reguat
ing the exemptions and functions Of Foreign Consu-
lar agents an the Empirs, and the formaiities 10 be
observsd IN taking possession Of and in administer
ing to the property of deceased SUBJECTS Of their
specfios nations. IN case Of reciprocity.
In virtue OF the load article. section IL, Of the
constitution. and Of the 46h article of the law of
the 2sth Of October, 1S4S and having heard the
opinion OF the respective sections of the Council of
State, think fit to order the execution Of the fol-
lowing regulations, defining tho exemptions and
functions of Foreign Consular Agents in the EN-
pire, and the iormalites to be observed in taking
possession Of and in administering to the property
OF deceased subjects of their respective nations in
Of reciprocity.
Signed by PAuLlso JOSE SoAnEs DE sousA, of
my Council. Minister and Secretary of State for
Foreign Affairs, who will thus understand the same
and cause il to be executed.
Palace Of Rio Janeiro, the Sth day Of November,
1851, and the thirte.h Of the Independence and the
Empire, with the signature Of His Majesty the
Emperor.
PAULINE JOSE soAREs DE soUsA.
hebNt0t1Ony TJSTTeQ TO the OfcTCe NO, Sot OF
November 5, 1851.
ARTICLE /. Consular agents, that is to say, for
eign consus and vice consuls in the empire,
having obtained the imperial exequatpr for their
nominations, shall freely exercise the functions Of
an administrative character proper to their Charge
which, without detrinent TO the laws of the coun-
try, may haye been imposed upon them by their
governments. a&
They free to favor and promote the lawful
navigation and commerce of their fellow country
men; to protect the same against illegal measures;
to assist them in their just pretensons before the
local authorl'ies to appeal in case Of justice being
denied on the part OF the latter, to the Imperial
government, through the medium Of the diplomatic
agent OF their nation, or directly it there should
not be any; to set forth by said means the
that nave been adopted which may affect tend to
lnJure the commerce and navigation OF their Coun-
try. And finally, TO perform other administrative
acts; such to receive the deClar atons protests,
written affidavits, and other documents which may
be presented to them by the captains Of vessels be
longing to their nation; to authenticate the same,
to Issue certificates to draw up maritime and mar
rage contracts between their own country men,
and other acts OF this character, according to the
regulations or instructions Of their governments.
. ART. 2 As soon a foreigner domciled in Bra
I'll dies interstate, having wife in the land nor
heirs recognised as such present, to whom would
belong the right of taking possession head Of the
family in order to take an inventory, and portion
out the estate; with a WILL If the heirs should
be foreigners and happen to be absent, and the ex
ecutors of said will should be absent likewise, the
Judge OF deceased persons and aDScntces
shall proceed, with the respective consular agent
to take possession of the estate the custody OF which
To be entrusted TO said agent, the above mentioned
judge causing at first ex-ofhcio 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 Ike place when any heir, recognised
such, happens to be a Brazilian citizen, even
though he should be absent.
Anr. 3. The inventory being concluded, the
effects belonging the estate shall be usted to
the administration and liquidation OF the consular
ngent, who will not be at liberty TO dispose of the
same, or the proceeds thereof, to deliver them
TO the legitimate heirs, until IT is ascertainedpre
ceding notices having been published in the
papers Immediately after taking possession-that
no creditor to said estate has appeared within the
period Of one year, any judicial questions been
pending In the meanwhile in regard to 1t; nJr the
duties 10 which said estate subject by the laws
OF the empire been left unpaid. In order to asccr-
tain whether the payment OF duties Is required or
not il will be necessary for the consular agent to
show, by satisfactory documents duly authenti-
Gated, what is the degree of kindred between the
deceased and his heir or heirs.
Art. T. At the expiration of the year mentioned
In the foregoing article, there being judicial
question pending In regard to the estate, the fiscal
duties having been paid, or il being ascertaincd
that the payment OF such lie not required, the con
suar agent shall be at liberty to dispose OF said
tate, and transmit the proceeds of the 10 ihose
who have right to it according to his instructions
being then considered by the tribunals OF the
TO whom alone he will be responsible.
ART. 5. II there be evidence Of debts questions
pcnding affecting only portion OF the estate, the
provision OF the preceding article may, at the ex-
piration OF one year, and on the iulhlment Of the
acquisitions OF the 81 article, be carried out in
gard to that portion which is unencumbered and
frco--a public deposit being previously made of
sum OF money covering tue amount OF the debt or
question pending or reservation made for the
object embraced in said question.
ASr O. IL any foreigner domciled In Brazil die
uhocr VIC circumstahces mentioned In the %
"rnclo oil THE regulation, in a place where there IL
no consular agent Of his nation the Judge OF pro-
bate for deceased pcrsons and absences shah pro
coed to take possession and make iuyentorysof
INC estate, In the presence Of two Trustworthy wit
nesses belonging TO the nation OF the deceased and
for want ofsuch, In the presence OF two merchants
or property holders OF rcspectability, either Of
whom becoming aduliuistrator Tor the settlement
oil The estaie, until come provision shall have been
made In regard TO the disposition Of the clear and
uudispuiod proceeds accrung from IL.
ArT. d In the casc alluded 10 in the foregoing
article u ,hal be The duty Of the Judge OF probate
10 transmit, within the period Of fifteen days after
having been notified u the death OF any foreigner
IN his discrict, under the circumstances toned
IN tho Sd article, TO the Minister q Foreign Afiairs
accompanied by certificate Of the death, an a..
count Of the age residence, place OF birth prcfes
SOU, and what has been sscortained IN regard TO-
the property and rclitves Of said foreigner in or.
der that the minister Aforesaid may communicate
with the respective legation, consular agent, in
regard 90 disposng Of the uncncumbcrcd portion
Ut the estate.
AHT. y In thu case alluded 20 in the 9th article
neither the consular agent nor the administrators
shall have power 70 discharge any Of the debts of
the deceased without the Authority Of the Judge Of
probate, who IS not TO order payment Of the ssrns
without consulting the consular agent or the ad.
tninistrator. Exception TO DC made for the ex.
penses Of the funeral, which shall at once be an.
thofized BY the aoretaid consul, IL possible, or by
the competent authorities Of the district, with
gard 10 ihe capabilities Of the estate
Mar. .. When deceased foreigner has been a
partner In any mercantile firm, or il indebted to
merchants fer considerable sums Of money 10 will
he necessary 90 proceed according The provisions
oil the SOsth and 3lOth articles ~ The commercial
code To the judge Of probate for abscutccs. aud
- the rcsPoc i've consular agent will alone belong
iho right % taxing possession Of the unoncuu-
borcd portion still apporaining % the estate. The
consular agent, however, mny, ia the terms II the
article aloresaid require whatever may fail 10 the
benefit Of the same
ART. 10. Ia thuso cascs when, according 10 The
bth artic G oi these regulations, administrators 20
the unclaimed estates Of Foreigners are appointed,
they shall receive, n they require g. the per
arc established by the lave Of tho empire for tho
cura,ors Of such estates; and the emolunents Of
the judge Of probate shall he determined in the
Famc way.
kpT n When torcign consular agent d;cs