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III. The Consuls-General, Consuls, and Vice-Consuls of both countries, shall further enjoy personal immunity, except for such facts or acts as are specified and punished as unbailable crimes either by Portuguese or by Brazilian laws.
In case they are merchants, the punishment of imprisonment cannot be imposed upon them, except for facts having reference to trade alone.
IV. The Consuls-General, Consuls, and Vice-Consuls will be allowed to place over the entrance door of their houses the arms of their own nation with the following inscription: "Consulate of Portugal," or "Consulate of Brazil," and on national fete days they ■will also be allowed to hoist their national flag at the Consulate. These external signs shall not, however, be in any way interpreted as giving the right of asylum; their principal object will be to point out the Consulate to sailors and other subjects.
V. The Consuls-General, Consuls and their Chancellors, as well as Vice-Consuls, Bhall not be summoned to appear before the courts of the country where they reside. Should the local courts of justice be under the necessity of receiving any judicial information from them, they must ask for it in writing, or otherwise proceed to their own house, in order to receive the same by word of mouth.
VI. Should any Consul or Vice-Consul be prevented from acting, be absent or dead, the Chancellors or other persons who may have been previously appointed by the holder of the Consulate to act in his stead, will be allowed to exercise the Consular functions ad interim, with the sanction of the proper local authority, and to enjoy during the temporary discharge of their functions, all the rights, privileges and immunities which belong to their office.
VII. It is specially understood, that if one of the two High Contracting Parties should select for its Consul or Consular Agent, at a port or city of the other Contracting Party, a subject of the latter, the same Consul or Consular Agent shall still continue to be regarded as a subject of the nation to which he belongs, and consequently subject to the laws and regulations which are in force for the natives at his place of residence, but this subjection is not to restrict him in any way in discharging the duties of his office.
VIII. The archives and all the official papers in general, belonging to the Consulates, shall be held to be inviolable, and they shall not be on any account or pretext either seized or examined by the local authority.
It is, however, understood that the books and papers belonging to those archives must always be kept separate from other books and papers having reference to the trade or industry in which the Consuls or Consular Agents may happen to be engaged.
Should any Consular functionary die without having appointed a Buhstitute, the local authority shall immediately take steps to seal up the archives, in the presence of two subjects of the country, whose interests were intrusted to the said functionary; and should these be wanting, in the presence of two of the most notable persons of the place, as well as, if possible, of a Consular functionary of another nation, who may reside in the district.
All those who may have been called to witness the act, shall also affix their own seals, conjointly with those of the said authority.
The notarial deed of this Act shall be drawn up in duplicate, and one of the copies shall be delivered to the Consul under whom the vacant Consular agency may be placed.
When the new functionary shall wish to take possession of the archives, the breaking of the seals shall take place in the presence of the local authority.
IX. The Consuls-General, Consuls, and Vice-Consuls, or any other persons acting in their stead, shall be allowed to correspond With the authorities of the place where they reside; and in case of necessity and in the absence of the Diplomatic Agent of their own country, they may have recourse to the Supreme Government of the State where they reside in order to complain of any violation of the existing Treaties or Conventions between the two countries, committed by the authorities or functionaries of the aforesaid State, or of any other abuse to the prejudice of their fellow-subjects, and they shall have the right to take any steps which they may consider necessary in order to obtain prompt justice.
X. The respective Consuls-General and Consuls shall be allowed to appoint agents, Vice-Consuls, or Consular Agents, in the different cities, ports, or places in their Consular district, where the good of the service committed to their charge may require it, but of course subject to the approval and exequatur of the Government of the country.
These agents may be selected not only from amongst the subjects of both countries, but also from amongst foreigners; and they shall be provided with a commission signed by the Consul-General or Consul who may have appointed them and under whose orders they are to serve. They shall also enjoy the same privileges and immunities, stipulated in this Convention in favour of Consuls, with the exceptions mentioned in Article III.
XT. The Consuls-General, Consuls, and Vice-Consuls of both countries shall have the right to receive either in their own chanceries, or in the houses of the parties, or on board of the ships of their own country any statements or other writings made or drawn up by the captains, crews, or passengers, merchants, or other subjects of their own country, including wills or testamentary wishes, or any other notarial deeds, even in the case of deeds made for the purpose of granting a mortgage.
Nevertheless, if these deeds have reference to real property situated in the country where the Consul or Consular Agent resides, a notary or a proper public officer shall be called in to be present when the aforesaid deeds are drawn up, which are to be signed by him conjointly with the chancellor or agent, under pain of nullity.
XII. The Consuls-General, Consuls, and Vice-Consuls shall also have the right to draw up in their own chanceries any contracts, either between their fellow-citizens, or between one or more of the latter and other persons of the country where they reside, as well as any other contracts concerning the interests of subjects of the latter country only, provided those contracts have only reference either to property situated in the country of the Consul or Agent before whom they are made, or to any business that must be conducted in that same country.
The copies of the aforesaid contracts, duly certified by the Consuls-General, Consuls, and Vice-Consuls, and stamped with the official seal of their Consulate or Vice-Consulate, shall be considered authentic either in a court of law, or out of the same, in Portugal as well as in the Brazils, and they shall have the same force.and validity, as if they had been made before notaries or other public officers of either country, provided such contracts shall have been drawn up in accordance with the laws of the State to which the Consul belongs, and that all the formalities such as stamping, registration, insertion in notary's books, and any others that may be in force with respect to the subject in question, in the country where the contract is to be carried into execution, shall have been previously complied with.
XIII. In the event of the death of a subject of one of the two High Contracting Parties in the country of the other, the competent local authorities shall immediately report the same to the Consuls-General, Consuls, or Vice-Consuls of the district, and the latter, should they get the information first, must on their part communicate the same to the local authorities.
When a subject of one of the two nations shall have died without leaving any heirs or without having appointed any executors, or whose heirs are either unknown, absent, or incapable, the ConsulsGeneral, Consuls, and Vice-Consuls shall proceed to take the following steps:
lstly. To put the seals ex officio, or at the request of the interested party, upon all the furniture and papers of the deceased, giving notice beforehand of this act to the proper local authority, which will be allowed to be present at the same, and even to affix its own seals conjointly with those of the Consul, if it should be deemed expedient by the said authority, after which these double seals shall only be withdrawn by common consent.
2ndly. To draw up in the presence also of the competent local authority, should the latter think it its duty to be present, the inventory of all the property and personal effects of the deceased. With respect to the mode of proceeding not only for affixing the seals, which ought to be done as soon as possible, but also as to the inventory, the Consuls-General, Consuls, and Vice-Consuls shall fix, conjointly with the local authority, both the day and hour for the performance of these two acts, and give the local authority notice of the same in writing, of which a receipt shall be given. Should the local authority not attend to the invitation, the Consuls Bhall proceed without any further delay or formality to the two acts above mentioned.
3rdly. The Consuls-General, Consuls, and Vice-Consuls shall order the sale of all the movable property or proceeds of the inheritance which might deteriorate, to be proceeded with according to the custom of the country; they shall be allowed either to administer or liquidnte the inheritance in person, or to appoint an agent, on their own responsibility, to administer and liquidate the same, without any interference on the part of the local authority in these acts, unless one or more subjects of the country, or of a third Power should make any claims in regard to the aforesaid inheritance. For in this case, inasmuch as the Consul has no right to decide the question, it must be brought before the courts of law of the country, which are competent to give a decision, the Consul then acting as the representative of the heirs. Judgraeut having been given it will be the Consul's duty to put it into execution, should he net deem it expedient to appeal from the same, or if the parties cannot agree; and he will then have a perfect right to continue to carry out the liquidation which had been suspended whilst awaiting the decision of the courts of justice.
4thly. The Consuls-General, Consuls, and Vice-Consuls shall, however, be bound to give notice in one of the newspapers of their district of the death of the person, whose inheritance is in question, and they shall not deliver the inheritance or the proceeds of the same to the lawful heirs, or to their attorneys, until all the debts which the deceased may have contracted in the country shall have been paid, or until after a year shall have elapsed from the day of the death, without any claim having been made against the inheritance.
5thly. Tt is further understood that the right of administering and liquidating the inheritances of Brazilians dying in Portugal shall belong to the Consuls of Brazil, even in case the heirs are minors, and the children of Brazilians born in Portugal, in reci. procity for a similar right which is to belong in future to the Consuls of Portugal in the Brazils, of administering and liquidating the inheritances of their fellow-subjects in identical cases.
XIV. The subjects of the two countries shall be subject to the laws and regulations of the country where they live in all things relating to the police of the ports, the loading and unloading of ships, and the security of their merchandize, goods, and personal effects. Nevertheless, the Consuls-General, Consuls, and ViceConsuls shall be exclusively charged with the maintenance of order on board the merchant ships of their own nation, and they alone shall take cognizance of any disputes which may arise between the captain, the officers, and the individuals included under any title whatsoever in the ship's muster-roll.
The local authorities shall not interfere except in case the dis^ turbances caused by thoBe disputes should be of such a nature as to break the public peace, or in case one or more natives of the country, or not belonging to the crew should be implicated in the disturbance. In all other cases the authorities shall merely confine themselves to afford their assistance to the Consular functionaries, when requested by the latter to do so, for the purpose of arresting and carrying to prison any of the men belonging to the crew, whom they may think proper to keep in custody there in consequence of those disturbances.
XV. The Consuls-General, Consuls, and Vice-Consuls shall be allowed to order sailors or any other persons, forming a regular part of the crews of the ships of war or merchantmen of their own nation, who may have deserted from their ships, to be arrested, and sent back either on board ship or to their own country. For this purpose they shall address themselves in writing to the proper local authorities, and they shall prove that the men claimed by them did belong to the crews of the said ships by showing the ship's register, or muster-roll, or in case the vessel should have already left port, by means of a copy duly certified by them of any of the aforesaid documents. On presentation of their claim accompanied by any of the said proofs, the delivery of the men cannot be refused to them. Moreover, they shall receive all due assistance for the purpose of seeking and arresting the aforesaid deserters, who may be kept and maintained in the prisons of the country at the request and expense of the above mentioned agents, until the latter shall meet with an opportunity of sending them back to their own country. Should, however, no such opportunity offer within a term of 3 months, to be computed from the day of imprisonment, the men in custody shall be set at liberty, 3 days' notice having been given to the Consul; and they cannot be arrested again for the same reason.