A history of the Brazil : $b comprising its geography, commerce, colonization, aboriginal inhabitants, &c. &c. &c.Henderson, James
History
A history of the Brazil : $b comprising its geography, commerce, colonization, aboriginal inhabitants, &c. &c. &c.
Henderson, James
Brazil; Brazil -- History -- To 1822
An instance was related to me of a Brazilian who owed an English
house eleven hundred pounds, and, being pressed for a settlement, he
disputed the delivery of a quantity of crockery-ware, amounting to nine
hundred pounds, but which, from their great bulk, and the circumstances
attending his receipt of them, afforded ample proof of the justness
of the charge. In the course of the law-process he demanded the
production of the plaintiff’s books, in which case every leaf of each
book is stamped, and pays a duty to government. The books afforded the
clearest testimony of the sale and delivery. The defendant then put in
a document, suggesting that the plaintiff might have two sets of books,
and this might be a false one; upon this the defendant was ordered to
produce his own books, for it is usual for this class of Brazilian
dealers to keep a receiving-book, in which all goods are entered when
delivered at their shops. He however evaded this order, by replying,
that he kept no books, but wrote the receipt of all goods upon the back
of the merchants’ invoices, and that he had never received the one in
question. This subterfuge produced an immediate _despatch_ in
favour of the plaintiff, which the defendant may perhaps yet frustrate,
by the dishonest proceedings mentioned. Hence, the laws appear to be
rather a temptation to fraud than a preventive.
The appointment of an English judge conservator, who is indeed a
respectable man, and disposed to act with promptitude and justice,
appears to be perfectly nugatory in cases of importance; and, although
his decisions may have some influence with the other courts, they are
by no means final or effectual; and the same delay takes place, under
such circumstances as have been described, as if this office did not
exist. The privilege of having a judge, whose salary of £500 a year is
paid out of the contribution fund, would appear to be conceded to the
English, without its producing any adequate advantage to them.
Public-domain text, read in full here on John Shaqi.
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