or a Brazilian heir the head of a family, or testamentary executor, or one or more Brazilian heirs who are minors, absent or incapable, the French consul shall administer the succession conjointly with the Brazilian widow, or the chief of family, or the testamentary executor, or the representative of the Brazilian heirs aforesaid.

It is understood that minor heirs, born in Brazil of French parents, are to be treated as having the status of their father until their majority. It is equally understood that légataires universels are treated as heirs.

Reciprocally, the succession of a Brazilian deceased in France will be administered and settled after the same rule, so far as not contrary to French law.

Other provisions regulate, in detail, the duties of a consular officer in carrying out the administration of these estates.

The treaty between the United States and Peru, July 26, 1851, Art. XXXIX., (10 U. S. Stat. at L., 945,) makes the consuls, ex officio, the executors or administrators of their countrymen, in the absence of the legal heirs or representatives, but directs that if the deceased was engaged in trade, the assets shall be held twelve months, to allow creditors to present their claims.

By the treaty between the United States and Nicaragua, June 21, 1867, Art. VIII., (15 U. S. Stat. at L., (Tr.,) 59,) the minister or consul may nominate curators to take charge of the property of an intestate, so far as the local law will permit. See, also, the treaty with Paraguay, February 4, 1859, Art. X., 12 U. S. Stat. at L.,1096.

The system adopted by the recent French treaties, [consular convention between France and Portugal, July 11, 1866, Art. VIII., (De Clercq, vol. 9, p. 582 ;) convention between France and Austria, for the regulation of successions, December 11, 1866, Art. III., (De Clercq, vol. 9, p. 675;) consular convention between France and Brazil, December 10, 1860, Art. VII., 8 De Clercq, 153,] involves a regulation of the proceedings in great detail.

The provisions of those treaties may be indicated together, as follows: The consul is authorized and required:

1. To seal up all the effects, movables and papers of the deceased, having given forty-eight hours' notice thereof to the competent local authorities, who are entitled to be present, if they so determine, to add their own seal to that which shall be affixed by the consul; and if this be done, the double seals shall not be broken except by the concurrence of both.

Whenever the local authorities are first informed of the death, and when, according to the law of the country, they are bound to seal the effects of the deceased, they shall invite the consular officer to unite with them in this act.

In case an immediate sealing seems absolutely necessary, but this operation, by reason of the distance or other causes, cannot be done by both authorities in common, the local authorities or the consular officer, as the

case may be, may affix the seal, without awaiting the arrival of the other officer, and without prejudice to his right of subsequently affixing

his seal.

2. To draw up, also, in presence of the competent local authorities, if they choose to be present, after such notice, an inventory of all the goods and chattels which were possessed by the decedent.

3. To cause the sale, at public auction, of all the movables constituting the inheritance of the decedent which are perishable, or subject to depreciation, and also of merchandise intended for sale, for the sale of which a favorable opportunity offers, giving first timely notice to the local authorities, to the end that the sale may be made in the form prescribed, and by competent agencies, according to the law of the country.

Where the local authorities cause such sale, they must give notice to the consular officer to be present.

4. To deposit in safe keeping the effects and valuables inventoried, to preserve the account of the debts which they collect, as well as the proceeds of the sales which they receive, in the consular office, or in some place of commercial deposit affording proper security.

In either case, such deposit must be made by agreement of the local authorities, called in to concur in the previous proceedings, if, by reason of the provision of the next subdivision, the inhabitants of the country or the members of a third nation claim to be interested in the estate, or, if required by the local authorities, for the security of any charges authorized by the laws of the country.

5. To announce the death, and to summon, by means of one or more of the public journals within their consular jurisdiction, and also, if necessary, journals of the country of the deceased, the creditors of the estate to present their respective claims, duly authenticated, within the time fixed by the laws of the respective countries.

If creditors of the estate present themselves, the payment of their demands ought to be accomplished in the space of fifteen days after the making the inventory, if there be sufficient means ready, and applicable thereto; and if not, as soon as necessary funds can be realized by the most convenient means; or finally, within a day fixed by agreement between the consular officer and the majority of those interested.

6. In case of the insufficiency of the assets to satisfy the full payment of the debts proved, all the documents, effects, and other valuables belonging to the estate must, on the demand of the creditors, be surrendered to the competent judicial authorities of the place, or to a court of bankruptcy, according to the law of the country; in which case, the consular officer remains charged with representing the members and domiciled residents of his nation interested in the estate, who may be absent, minors, or otherwise incapable.

In any case, the consular officer cannot deliver the assets or their proceeds to the heirs or next of kin, or the beneficiaries under the will, until after having satisfied all the debts which the decedent may have contracted in the country.

7. To administer and settle, either themselves, or by the appointment of a person named by them, and acting under their responsibility, the goods and chattels of the estate, if the period fixed by the local authorities, according to the laws of the country, for its own members, or those of a third nation, domiciled in the country, to present their demands, is not expired, and if there be no dispute as to such demands; but in either such case, the consular officer must relinquish the settlement of the estate to the proper legal authorities, and limit his interference to those administrative measures which will not involve these questions, leaving the decision of such questions, so far as they do not depend upon the title to the succession or the distribution, under the will, to the exclusive control of the courts and tribunals of the country.

Having in such cases relinquished the administration to the local authorities, the consular officer continues to be the representative of the succession and the beneficiaries under the will, for the purpose of protecting the rights of the parties interested, and has power, if necessary, to employ counsel for the protection of those rights.

After the judgment has been pronounced upon the demands so reserved to the decision of the tribunals of the country, or after the sum required for their payment has been determined, the entire movable assets, except those which may be necessary to remain as security, shall be, after the removal of the seals imposed by the local authorities, delivered for its final disposal to the consular officer.

8. To procure his own appointment, if that be necessary, as administrator, or as administrator with the will annexed, if an executor has been named, but has declined the trust, or is unknown, absent, or incapable.

2 If the deceased was domiciled in another nation, the administration will be ancillary to any administration instituted at home. If he was a foreigner domiciled at the place of his death, the administration will be the principal one. In either case, the consul's proceedings should be, in other respects, according to the local law, and under the authorization of the probate court.

Security not required.

341. A consul entitled to administration under the last article, shall not be required to give security for the performance of his duties.

Inasmuch as he only intervenes for the interest of his countrymen, his official responsibility seems enough.

Local authorities to administer in absence of consul and all other authorized persons.

342. In the absence of the consul and secretary of legation, and of all other representatives in interest of the foreign parties, the local authorities shall administer the estate without unnecessary delay or expense,

and shall render account thereof to the nearest consul or the secretary of legation of the nation of the foreigners entitled, and shall deliver and pay to him that which belongs to such members of his nation as do not appear to claim the same.

Suggested by the consular convention between France and Portugal, July 11, 1866, Art. VIII., (9 De Clercq, 582,) and the convention between France and Austria, for the regulation of successions, December 11, 1866, Art. III., (9 De Clercq, 675,) which also provide that if in such case the nearest consular officer appears, either in person or by delegate, in the place of administration, the local authorities who have intervened must comply with the requirements giving him the right to act.

By the treaty between France and Peru, March 9, 1861, Art. XXXVII., subd. 5, (8 De Clercq, 193,) the payment of the assets to the consul is without prejudice to the right of creditors subequently presenting themselves within the time prescribed by the statute of limitations of the country to which the decedent belonged.

Notice to be given of successions in which forers are interested.

343. If a foreigner, absent or incompetent, is interested, by succession or will, in the property, movable or immovable, of any deceased person whomsoever, which is subject to the administration of a nation, the local authorities must notify the existence of the property to the nearest consul of the nation of the foreigner interested, and render account of the administration thereof, as prescribed in the last article.

Suggested by the convention between France and Austria, for the regulation of successions, Dec. 11. 1866, Art. III., 9 De Clercq, 675.

The treaty between the United States and The Two Sicilies, Oct. 1, 1855, Art. VII.,(11 U. S. Stat. at L., 639,) provides, that in the absence of the heir entitled to succeed under the treaty, or his representatives, the consul shall have notice from the judicial authority, of the time of imposing or removing seals, and making inventory, and may assist thereat.

Secretary of legation to act if there be no consul. 344. If there be no consul of the proper nation, who can act under the provisions of this Chapter, the secretary of legation of the same nation shall receive the notice and exercise the powers herein prescribed for consuls.

CHAPTER XXVII.

WRECKS.

Other treaties, containing similar provisions to those cited below, will be found. See 7 De Clercq, 10, 362, 586; 8 Id., 193; 10 U. S. Stat. at L., 87, Art. X.; (Tr.,) 71, Art. XI.; 9 Id., 55, Art. IV.; 67, Art. IV.; 79, Art. XI.; 8 Id., 560, 534, Art. XI.; British Accounts and Papers, 1866, vol. LXXVI., (38.) See, also, United States Consular Regulations. (1870,) ¶¶ 209–218, and Treaties in Appendix.

ARTICLE 345. Duty of a nation to succor and protect.

346. Notice of wreck to consul of the ship's

nation.

347. Power of consul or local authorities over

wrecks.

348. Interference of local authorities restricted.

349. Property exempt from duties.

350. Local charges restricted.

351. Authorizing sale of wrecked property.

352. Ancient rule of wreck abolished.

353. Property to be restored to owner.

354. Duty of nation to provide for care of
wrecked property.

355. Official sales.

Duty of a nation to succor and protect.

345. It is the duty of every nation to receive and protect foreigners, members of any nation whatever, and foreign ships,' public or private, wrecked or damaged on its coasts, or within its jurisdiction, or seeking refuge there from distress or perils of the sea, and allow them freely to prepare for and continue their voyages. Such ships, and the persons and property therein, must receive the same succor, and be subject to the same charges, salvage, or other burdens as domestic ships in like cases,"