The Diplomatic Correspondence of the American Revolution, Vol. 04
History
The Diplomatic Correspondence of the American Revolution, Vol. 04
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
The consuls and vice consuls respectively may establish a chancery,
where shall be deposited the consular acts and deliberations, all
effects left by deceased persons, or saved from shipwreck, as well as
testaments, obligations, contracts, and, in general, all the acts and
proceedings done between, or by, persons of their nations.
They may, in consequence, appoint for the _business_ of the said
chancery capable persons, receive them, administer an oath to them,
give to them the keeping of the seal, and the right of seal,
commissions, judgments, and other acts of the consulate, as well as
there to discharge the functions of notaries and registers.
ARTICLE VII.
The consuls and vice consuls respectively shall have the exclusive
right of receiving in their chancery, or on board of vessels, the
declarations and all other acts, which the captains, masters, seamen,
passengers, and merchants of their nation would make there, even their
testaments and other dispositions of last will, and the copies of the
said acts duly authenticated by the said consuls, or vice consuls, and
under the seal of their consulate shall receive faith in law in all
the tribunals of France and the United States.
They shall have also, and exclusively, the right to inventory,
liquidate, and proceed to the sale of the moveable effects of the
estates left by subjects of their nation who shall die within the
extent of the consulate. They shall proceed therein with the
assistance of two merchants of their said nation, of their own
choosing, and shall deposit in their chancery the effects and papers
of the said estates, and no officer, military or civil, or of the
police of the country, shall trouble them or interfere therein, in any
manner whatsoever; but the said consuls and vice consuls shall not
deliver up the same and their product to the lawful heirs, or _their
attornies_, until they shall have discharged all the debts, which the
deceased shall have contracted in the country, by judgment, by acts,
or by notes, the writing and signing of which shall be known and
certified by two principal merchants of the nation of the said
deceased, and in all other cases the payment of debts cannot be
ordered but on the creditor's giving sufficient and local security to
repay the sums unduly received, principal, interest, and costs, which
securities, however, shall remain duly discharged after a year in time
of peace, and two years in time of war, if the demand in discharge
cannot be formed before these delays, against the heirs who shall
present themselves.
ARTICLE VIII.
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