Evening capital news. (Boise, Idaho) 1901-1927, 1916-12-30
new CIVIL CODE
FOR BRAZIL WILL
GO into Effect
Result Of Many Years of
Labor on the Part of the
Ablest Men Of the Coun-
try.

Rio de Janeiro, Dec. 30.-The new
civil code of Brazil. representing the
product of years of labor on the part
of the ablest men OF the republic, will
come into effect with the beginning of
the new year. There are numerous
provisions in the new code that will
affect certain classes of American bust
ness. Among the principal ones are
the following:
The new code definitely guarantees
the property rights of the authors,
artists, or inventors of books and ar
tistic works or inventions. The term
Of 60 years is accorded them and their
heirs for the enjoyment of these rights,
after which the invention or work falls
to the public domain and becomes COM
mon property Provision is also made
for the prohibition of the publication,
without express permission. Of letters
and other communications not origin
ally intende1 to be published.
ADVANCED STEP TAKEN.
In the matter of protecting mining
rights the new code takes decidedly
advanced step. It establishes clearly
the right OF every land owner not only
to his land, but to the subsoil beneath
IL ana 10 tlc air Sp1ScS dpoNC. iiilh-
erto the intent, If not the actual letter
Of the law--based upon an ancient Eu-
ropean colonial model--had been that
the undiscovered resources Of the sub
soil belong rather to the community
than to the individual owner Of the
land above them.
AS regards water rights, the new
code specifically ordains that the right
to draw water from the subsoil Of ones
property rests with the owner of the
land provided, however. that by ex-
plotting this right he does not injur-
iously diminish the water supply Of his
neighbors. He may not, therefore,
bore a we'll deeper than his neighbours
with relation to the general level of the
subterranean stream or deposit.
DOCTRINE OF LAST ASYLUM.
1t is established by the new code that
no man may by legal process be de-
prived of at least lie piece Of real es-
tate which is regarded and held sacred
as the homestead or last asylum of his
family in time of stress. The law in
this case protects not only the owner,
but his wife and even his children.
Certain very useful provsions-hith-
erto not Incorporated in the Brazilian
code-are made concerning the actual
domieile of a person claiming many
residences. While the law establishes
that the domicile is the place where the
person has taken up his residence
with the intention of remaining" it
also provides that the law may for its
own purposes consider any one of his
habtual residences to be his domicile
when he claims that he himself cannot
establish one.
WIFE'S CREDIT GOOD.
A married man is prohibited from
giving in bond or otherwise alternating,
without the express consent of his wife,
property which they hold in common
or which is necessary for the subsist-
ence of the family A man may not
stop his wife's credit at shops where
she purchases articles necessary in the
actual conduct Of her household; nor
may he prohibit either her or the ven
der from dealing upon a credit basis in
articles which are the necessities of
family life. Further. any woman ex-
cruising remuneratiye profession or
working in salaried position may dis
pose freely Of what she earns without
her husbands having a right to the
moneys she thus receives