DECREE of the Provisional Director of the Argentine Confederation, relative to the Free Navigation of the Rivers Paraná and Uruguay.-Paraná, October 3, 1852. (Translation.)

THE PROVISIONAL DIRECTOR OF THE CONFEDERATION, CONSIDERING, that the Decree issued on the 28th August last regulating the national Custom-Houses, has not been carried into execution, and that it cannot be so at present, on account of the position assumed by the Province of Buenos Ayres;

That it is of the greatest urgency to provide what may be thought expedient to prevent commerce and the national revenue from being prejudiced, more especially in the Littoral Provinces of Entre Rios, Santa Fé, and Corrientes;

And, lastly, that the regulation of the national Custom-Houses and of the navigation of the interior Rivers of the Confederation is within the attributes which were conferred upon the Director by the Convention of San Nicolas de los Arroyos, since the general expenses of the nation are to be paid from the proceeds thereof: Hereby resolves and decrees:

ART. I. The navigation of the Rivers Paraná and Uruguay is permitted to all merchant-vessels, whatever may be their nationality, their tonnage, or the place from whence they come.

II. Every merchant-vessel may enter the qualified ports in the Rivers Paraná and Uruguay.

III. The following are the ports which have been qualified:

1. In the Province of Entre Rios: Paraná the capital of the Province, Diamante, Victoria, Gualeguay, and La Paz, in the River Paraná; and the ports of Gualeguaichu, Concepcion del Uruguay, Concordia, and Federacion, in the River Uruguay.

2. In the Province of Santa-Fé: the capital of the Province and Rosario.

3. In the Province of Corrientes: the capital, Bella Vista and Goya. IV. All the Custom-Houses of the above-mentioned ports are external Custom-Houses; as well as those inland established in the Provinces of Jujuy, Salta, San Juan, and Mendoza.

V. Until a suitable national tariff shall be drawn up, the external Custom-Houses in the rivers shall collect duties according to their respective tariffs now in force.

VI. Seven per cent. upon the value of the goods introduced into the littoral provinces for their consumption, shall be levied and retained as the only national duty.

VII. At the external Custom-Houses on land there shall be levied, as a national duty, 5 per cent. upon the value of all goods introduced.

VIII. The external Custom-Houses, both in the rivers and on land, will permit the transit of foreign merchandise destined for the Provinces of the Confederation; but the Custom-House passing them will levy and retain 5 per cent. upon the valuation of the goods as the whole national duty.

IX. All goods and merchandize, of foreign production, or coming from foreign countries, and all products of Buenos Ayrean industry or manufacture which may be imported by land into any of the interior Provinces, shall pay, for the present, the same duties as are levied at the Custom-House of Rosario.

X. Exportation duties on goods directed from the interior Provinces to that of Buenos Ayres shall likewise be paid at the same Custom-House.

XI. Deposit of goods shall continue to be permitted under the existing regulations in all those Custom-Houses wherein it is now permitted.

XII. Within the territory of the 13 Confederate Provinces the transmission of goods of their own produce and manufacture is free from the duties on transit and consumption.

XIII. The present Decree shall only remain in force until the National Congress shall pass a permament law upon the subjects herein comprised.

XIV. Let this be communicated to those whom it may concern, and let it be published.

LUIS J. DE LA PENA.

Paraná, October 3, 1852.

(L.S.) URQUIZA.

LAW of the Province of Buenos Ayres, relative to the Free Navigation of the River Paraná.-Buenos Ayres, October 18, 1852.

(Translation.)

THE Honourable Chamber of Representatives of the Province of Buenos Ayres, in virtue of the ordinary and extraordinary sovereignty vested in it, has sanctioned with the effect and force of law, the following:

ART. I. The Province of Buenos Ayres recognizes the opening of the River Paraná to the commerce and mercantile navigation of all nations as a principle of general convenience, and on its part declares and grants the same henceforth.

II. The Executive Power is hereby authorized to draw up the necessary regulations, which are to be submitted to the Honourable Chamber.

III. When the regulations, referred to in Article II, shall have

been approved, they are to be submitted by the Executive Power to the Littoral Provinces for adoption, so far as they are concerned, although they are to come into force immediately, so far as the Province of Buenos Ayres is concerned.

IV. Let this be communicated to the Executive Power.
Buenos Ayres, October 18, 1852.

JUAN PICO, Secretary.

(L.S.) MARCELO GAMBOA.

DECREE of the Government of Monte Video, relative to the Navigation of the Confluents of the River Plate.-Monte Video, May 24, 1851.

(Translation.)

May 24, 1851.

THE Government being desirous of manifesting in a practicamanner the liberality of its principles with respect to the encouragel ment of the navigation of the confluents of the River Plate, and in conformity with the spirit of the Custom-House regulations of 1837 on the subject of transit duties,

Resolves and decrees:

ART. I. The coasting vessels bearing the flags of the provinces that border on the Uruguay, Paraná, and Paraguay shall be considered in the port of Monte Video on the same footing with regard to their privileges as national coasting vessels.

II. This resolution shall be observed at present, but without limitation, and without prejudice to demand, at the proper time, for suitable reciprocity.

III. Let this be communicated, published, &c.

Monte Video, May 24, 1851.

(L.S.) SUAREZ.

(L.S.) LORENZO BATLLE.

DECREE of the Emperor of Brazil, regulating the Privileges and Immunities of Foreign Consular Agents within the Brazilian Empire.-Rio de Janeiro, November 8, 1851. (Translation.)

Ir is my pleasure, by virtue of Article CII, § XII of the Constitution,* and of Article XLVI of the Law of the 28th October, 1848, and having consulted the respective section of the Council of State, to order the execution of the regulation herewith issued, which defines the exemptions and attributes of the Consular Agents in the empire, and the manner in which they are to proceed in the collection and administration of the inheritances of subjects of * Vol. XIII. Page 948.

their nation, in cases where reciprocity exists. This regulation being signed by Paulino José Soares de Souza, a Member of my Council, Minister and Secretary of State for Foreign Affairs, who is to take cognizance of the same, and to cause it to be executed.

Palace of Rio de Janeiro, 8th of November, 1851, in the 30th year of the independence and of the empire. PAULINO JOSE SOARES DE Souza.

PEDRO, EMPEROR.

REGULATION to which the Decree of November 8, 1851, refers.

ART. I. The Consular Agents, that is to say, the Foreign Consuls and Vice-Consuls in the Empire, after obtaining the Imperial Exequatur to their appointments, shall freely exercise those functions which appertain to their commission, and which, without offence to the laws of the country, are required of them by their Govern

ments.

It is their business to encourage and promote the lawful navigation and commerce of their countrymen; to protect them against illegal measures; to assist them in their just claims before the local authorities; to appeal, in case of the refusal of justice on the part of these authorities, to the Imperial Government, through the medium of the Diplomatic Agent of their nation, or direct, if there should be no such agent; to make representations, in the same manner, respecting any measures which are adopted and which affect, or tend to injure the trade or navigation of their country; and, finally, to perform other administrative acts, such as receiving the declarations, protests, affidavits, and other documents presented to them by the captains of vessels of their nation, to legalize the same, to give certificates, to draw up maritime contracts, contracts of marriage between persons of their nation, and other documents of the same nature, according to their regulations, or the ordinances of their Governments.

II. Immediately after the death of a foreigner domiciliated in Brazil, intestate, not having a wife in the country, or heirs, acknowledged as such, present, to whom, according to law, it would appertain to take possession, to make an inventory and to divide the property; or even when there is a will, if the heirs are foreigners, and are absent, and the executors are also absent, the Judge for the Dead and for Absentees is to proceed with the respective Consular Agent to the collection of the inheritance, the safe keeping whereof is to be confided to the said Agent; the said judge is at once to commence taking the inventory ex officio, in which he is to proceed in the presence of the Consular Agent.

This interference of the Consular Agents is not to take place when

any heir, acknowledged as such, is a Brazilian citizen, although he may be absent.

III. Upon the completion of the inventory, the effects belonging to the inheritance are to be confided to the administration and liquidation of the Consular Agent, who cannot dispose of the same, nor of their produce, nor hand them over to the legitimate heirs, without its being ascertained, through advertisements to be published in the newspapers as soon as the whole is collected, that no creditor of the estate appears within 12 months; or while any judicial question may be pending in regard to the same, or until the duty to which it is subject according to the laws of the empire shall have been paid. In order to its being ascertained whether duty is to be paid, or not, the Consular Agent will have to prove, by sufficient and duly legalized documents, the degree of affinity between the deceased and his heir or heirs.

IV. If at the expiration of the 12 months mentioned in the preceding Article, there should be no judicial question pending relative to the inheritance, if the fiscal dues shall have been paid, or it shall have been ascertained that there is no such payment to be made, the Consular Agent will be at liberty to dispose of the said inheritance, and to hand it over to those to whom it of right belongs, in conformity with the instructions he may receive, he being then considered by the tribunals of the country as the representative of the heir or heirs, to whom he alone will be responsible.

V. If creditors should appear, or questions be pending which only affect a part of the inheritance, and if the provisions of Article III are complied with, the disposition of the preceding Article may, after the lapse of a year, be carried into effect with regard to the unencumbered and liquidated part of the estate, a sum being first placed in public deposit corresponding with the amount of the debts, or pending question, or kept in reserve for the same purpose.

VI. If any foreigner domiciliated in Brazil should die, under the circumstances of Article II of this regulation, in a place where there is no Consular Agent of his nation, the Judge for the Dead and for Absentees is to proceed to the collection of the effects and to take an inventory of the estate, in the presence of 2 trustworthy witnesses, countrymen of the deceased, or in the absence of such, in the presence of 2 respectable merchants or proprietors, either the former or the latter to be the administrators and liquidators of the estate, until the destination of the net and undisputed proceeds shall be provided for.

VII. In the case of the preceding Article the judge is to transmit to the Minister for Foreign Affairs, within 15 days after he has knowledge of the death of a foreigner in his district, under the circumstances of Article III, along with a certificate of decease,