Gambar halaman

of the local Judge, every three months, in the newspapers of the place where the right of succession shall be pending, and in those of the capital of the country. These advertisements shall state the name and surname of the deceased, the place and date of his birth (if known), his profession, and the date and place of his death.

Similar advertisements shall be published by order of the same Judge in the newspapers of the place where the author of the inheritance was born, and in those of the nearest city.

After the lapse of two years, reckoning from the date of death, should no surviving widower, or widow, or heir, have appeared either in person or by his attorney, the local Judge will pronounce judgment, which is to be notified to the Consular Officer, ordering the delivery of the inheritance to the State.

The Public Treasury shall then take possession of the said inheritance, under condition of rendering an account to any heirs that may appear within the periods within which native subjects under similar circumstances may petition for and obtain possession of any inheritances.

XXXIII. The Consuls-General, Consuls, Vice-Consuls and Consular Agents may delegate the whole or part of the functions conferred upon them, in virtue of this Convention; and the Agents or Delegates appointed by them, under their own responsibility, to act in their stead, shall proceed in the matter within the limits of the powers conferred upon them, but they shall not enjoy any of the privileges accorded in Article IV.

XXXIV. The local authorities shall confine their action to render to the Consular Officers all the necessary assistance they may require from them for the carrying out in full of the provisions of this Convention, and anything that shall be done in contravention thereof shall be null and void.

XXXV. The Consuls-General, Consuls, their Chancellors and Vice-Consuls, as well as the Consular Agents, shall enjoy in the two countries, and under the condition of reciprocity, all and any other functions, prerogatives, and immunities that may have already been accorded, or may be so hereafter, to the Agents of the same rank of the most favoured nation.

XXXVI. This Convention shall be approved and ratified by the two High Contracting Parties, and the ratifications shall be exchanged in Lisbon, within as short a period as possible.

It shall last for five years from the date of the exchange of ratifications; nevertheless if, twelve months before the expiration of the period of five years, neither of the High Contracting Parties shall notify to the other its intention to cause the same to cease, this Convention shall continue in force until either of the High Contracting Parties shall make the requisite notification, so that the

Convention will only expire one year after the day on which either of the High Contracting Parties shall have denounced it.

In witness whereof the Plenipotentiaries of His Majesty the King of Portugal and of the Algarves, and of His Majesty the Emperor of Brazil, have signed this Convention in duplicate, and have stamped it with the seals of their arms.

Done at Rio de Janeiro on the 25th day of February, of the of Our Lord Jesus Christ 1876.



CONSTITUTION of the Spanish Monarchy.-Madrid, June 30, 1876.


DON ALFONSO XII, by the grace of God Constitutional King of Spain, to all those to whom these presents may come, know ye: That in union and agreement with the Cortes of the Kingdom now assembled, we have decreed and sanctioned the following


FIRST DIVISION.-Of Spaniards and their Rights.

1. The following are Spaniards:

(1.) Persons born in Spanish territory.

(2.) Children of a Spanish father or mother, although born out of Spain.

(3.) Foreigners who may have obtained letters of naturaliza


(4.) Those who, without such letters, may have gained denization in any town of the kingdom.

The quality of a Spaniard is lost by acquiring naturalization in a foreign country, and by accepting employment from another Government without permission of the King.

2. Foreigners may freely establish themselves in Spanish territory, may exercise their industry in that territory, or may devote themselves to any profession for the exercise of which the Laws may not demand certificates of fitness issued by the Spanish authorities.

Those who are not naturalized cannot hold in Spain any post conferring authority or jurisdiction.

3. Every Spaniard is under the obligation of defending the country with arms in his hands, when called upon by the law, and of contributing, in proportion to his wealth, to the payment of the expenses of the State, the Province, and the Municipality.

No one is obliged to pay a tax not voted by the Cortes, or by the Corporations legally authorized to impose the same.

4. No Spaniard or foreigner can be detained, except in the cases and in the manner prescribed by the Laws.

Every person detained shall be set at liberty, or handed over to the judicial authorities, within the 24 hours following the act of detention.

Every detention shall be annulled or converted into imprisonment within 72 hours of the delivery of the detained person to the competent Judge.

The order which may be given shall be notified to the interested person within the same space of time.

5. No Spaniard can be imprisoned, except by virtue of an order from a competent Judge.

The document containing the order shall be ratified or annulled, after hearing what the presumed delinquent has to say, within the 72 hours following the act of imprisonment.

Every person detained or imprisoned without the legal formalities or in a case not provided for by the Constitution and the Laws, shall be set at liberty at his own request, or at the request of any Spaniard. The law will determine the form of proceeding summarily in such a case.

6. No one can enter the domicile of a Spaniard, or foreigner resident in Spain, without his consent, except in the cases and manner expressly provided for by the Laws.

The searching of papers and effects shall always be performed in the presence of the interested party or of a member of his family, and in default thereof in the presence of two witnesses domiciled in the same town.

7. The correspondence intrusted to the post cannot be detained or opened by the Administrative Authorities.

8. Every order of imprisonment, of search of domicile, or of detention of correspondence shall contain a statement of the cause of its issue.

9. No Spaniard can be compelled to change his domicile or residence, except by virtue of a mandate of a competent authority, and in the cases provided for by the Laws.

10. The penalty of confiscation of property shall never be imposed, and no one can be deprived of his property, except by a competent authority, and on account of proved public utility, and always after due indemnification.

If this requirement be not previously fulfilled, the Judges shall protect the expropriated person, and shall, if necessary, place him again in possession.

11. The Roman Catholic Apostolic religion is the religion of

the State. The nation undertakes to maintain the worship and its ministers.

No one shall be molested in Spanish territory for his religious opinions, nor for the exercise of his respective form of worship, saving the respect due to Christian morality.

No other public ceremonies or manifestations but those of the religion of the State will, however, be permitted.

12. Every person is free to choose his own profession, and to learn it as he may think best.

Every Spaniard may found and sustain establishments of instruction or education, in conformity with the Laws.

It belongs to the State to issue professional diplomas, and to settle as to the qualifications of those who may wish to obtain them and the manner in which they are to prove their fitness.

A special Law will determine the duties of the professors, and the rules to which the teaching is to be subjected in the establishments of public instruction paid for by the State, the Provinces, or the Municipalities.

13. Every Spaniard has a right-

Freely to give vent to his ideas and opinions, verbally or in writing, by means of the press or other similar process, without subjection to previous censorship;

To hold peaceful meetings;

To become a member of associations for promoting the objects of human life;

To address petitions, individually or collectively, to the King, to the Cortes, and to the authorities.

The right of petition cannot be exercised by any kind of armed force.

Neither can it be individually exercised by persons forming part of an armed force, except in conformity with the laws of their corps, so far as it may have reference to the latter.

14. The Laws will give the proper rules for securing the Spaniards in the mutual respect for the rights which this division recognizes as belonging to them, without detriment to the rights of the nation, nor to the essential attributes of public authority.

The Laws shall also fix the civil and penal responsibility to accrue, according to cases, to Judges, authorities, and functionaries of all kinds who may attempt to violate the rights enumerated in this division.

15. All Spaniards are eligible for public employment and posts, according to their merit and capabilities.

16. No Spaniard can be tried or sentenced, except by the competent Judge or Court, by virtue of Laws passed prior to the offence, and in the manner prescribed by those Laws.

17. The guarantees mentioned in Articles 4, 5, 6, and 9, and in paragraphs 1, 2, and 3 of Article 13, cannot be suspended throughout the Kingdom, nor in a portion thereof, except temporarily, and by means of a Law, when the security of the State may demand it in extraordinary circumstances.

Only when the Cortes are not assembled, and the case is grave and clearly urgent, shall the Government be able, taking the responsibility, to order the suspension of guarantees treated of in the foregoing paragraph, submitting their decision to the approval of the Cortes as soon as possible.

But in no case shall there be a suspension of more guarantees than those mentioned in the first paragraph of this Article.

Nor shall the military or civil authorities have power to establish any other penalty than that previously prescribed by the law.

DIVISION 2.--Of the Cortes.

18. The power of making the Laws belongs to the Cortes with the King.

19. The Cortes are composed of two co-legislative bodies, equal in powers: The Senate and the Congress of Deputies.

DIVISION 3.-Of the Senate.

20. The Senate is composed

(1.) Of Senators in their own right.

(2.) Of Life-Senators named by the Crown.

(3.) Of Senators elected by the Corporations of the State, and by the largest taxpayers, in the manner which the law may fix.

The number of Senators in their own right and Life-Senators shall not exceed 180.

This shall also be the number of the elective Senators.

21. The following are Senators in their own right:

The sons of the King and of the next heir to the throne, if they be of full age;

Grandees of Spain in their own right, who are not subjects of another Power, and can show that they have a yearly income of 60,000 pesetas proceeding from real property of their own, or from rights legally considered as equivalent to such real property;

Captains-General of the Army and the Admiral of the Navy;
The Patriarch of the Indies and the Archbishops;

The Presidents of the Council of State, Supreme Tribunal, Audit Department, and Supreme Councils of War, and of the Navy, after two years of service.

22. Only the Spaniards who belong, or may have belonged, to one of the following classes can be Senators by the King's

« SebelumnyaLanjutkan »