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

injured party subjects OF the empire because in such
case, although they may constitute part OF said crew. the
local authorities will have The exclusive right OF taking
cognxance OF such crime
| Art u.s. When foreign merchant vessels find them
selves IN any OF the ports OF Brazil the criminal and
potent jurisdiction OF their respective consular agens
shall not extend to criminal offences OF serious ehafac
ter or which may IN any way disturb public tranquility
or Affect IN particular manner any OF the Inhabitants OF
the country.
Art 10 Foreign consular agents shall be assisted on
making requisition 10 that effect, by the competent
local aulhorl ss only when they in need OF tbeiI
Intervention aud support in the exercise OF their func
ions on board said vessels but also when they require
the Imprisonment and surrender OF sailors and soldiers
who may have deserted from them from ships OF
said consular agents being responsible Tor the expenses
which such individuals may incur IN rTlsoD
Art II. In civil transactions, and such offences they
may individually commit, foreign consular agents are
subject TO the authorities OF the empire whether the mat
ter at issue affect them directly, whether IL relate 10
third party. and their Intervention private individuals
be rendered consular agents being treated
however with all the attentions which customary IN
court when The summons and declarations addressed
10 persons holding public offices OF elevated character
and being accommodated. when not indicted for crmi-
nal offence. with seat by the side of the person in
authority, or president OF the court before whom they
nave to appear, except when they happen 10 be mer.
chants have been Engaged in any kind of business in
the country and the question turns upon matters affect
ing their trade or business because in this The
same treatment must be observed towards them in the
case oil any other private individual.
Art Is. II is only with regard TO such offences which
they may have committed merchants, which may
be oil such serious character not TO admit OF ball. that
consular agents can be imprisoned without the auhori
eaton OF the imperial government; which, being APP
priced that. either account OF the circumstances attend.
ing the commission OF the offence, or for some powerful
reason said agent ought not to be delivered to the govern
ment of which he The subject for trial. that il is not
sufficient to eypel him from the empire to deprive
him OF his exequaur, shall him 10 be tried by the
competent tribunal
Art 10. The archives documents and official cores
pondence OF foreign consus and vice consuls, ex
empted from search and of all and any examination and
The empire. In case OF consular agent being either
imprisoned or expelled without any one being substituted
in his place. the aforesaid archives documents and cor
respondence be carefully preserved being stamped
and sealed up by said agent and by the first judiciary
thonty within the jurisdiction OF the district.
Art 20 brazllians exercising the functions OF foreign
consus and vice consuls in Brazil shall not on that
count be exoneraed from entire subsection 10 the ordi
nary jurisdiction OF the country, and will be tried and
punished by their own tribunals whenever they commit
any crime, matter of what character In the same
manner such functions shall not exempt them from per
forming public duties, and from serving in the nalona
guard when Tor some special they have not OBJ
tanned an exemption or dispensation from the same.
Art 81 The houses in which foreign consular agents
reside shall not ENJOY the rights OF asylum, notwth
standing the summons mpsonments, and the execution
of any judicial mandate of the country due attention
having been paid to the guarantees and tormaes eslab
llshed by law
Art g. decree OF the government will designate the
points IN the empire where consular agents are or may bt
| received.
Art o. The provisions of the LIST, 18th, l4b, 10th
18th, and 10Th articles of these regulations shall be
any avail the consular agents and subjects of those ma
lions among whom the consular agents and subjects Of
Brazil do not find any feciprocy-the imperial govern
ment declaring which of those provisions shall not fo
the reasons specified above, be executed.
Art 81 The I'd, Sd. 4h, 9Th, 9th, 7lb sth, and lib
articles shall only go in force in regard the consuia
agents and subjects OF nation after that in virtue o
agreement reciprocity shall have been established by
means OF an exchange OF notes. said articles being conse
queny ordered be executed in regard 10 said nation
/ by decree OF the government.
| PALACE OF RIO DE JANEIRo,
November 8. 1851.
PAULINE JOSE SOARES DE SOUSA.