[Inclosure in No. 70.—Translation.—From the
Diario Oficial of September 7, 1886.]
Copy and translation of law 10, of August 31, 1836, regarding
claims of foreigners for losses during the rebellion.
Article 1.
All claims presented by foreigners against the Government of the
Republic, for loans, supplies, expropriations, or damages arising out of
the late rebellion, shall be considered by the executive department,
consequently, the executive power, through the medium of the minister of
foreign relations, shall decide in each case according to the rules
established by common law and the law of nations.
Article 2.
Whenever the acts that constitute the basis of a claim appear doubtful
and the claimant shall not be satisfied with the estimate made thereof,
he may appeal to the law courts for a decision thereon.
Article 3.
The nation shall not be absolutely responsible for the damages and
exactions suffered by foreigners on account of rebels.
Article 4.
The alien and neutral character of the claimant shall in each case be
determined before his claim is considered. The status of the foreigner
shall be determined according to the constitution in force at the time
the acts were committed which gave rise to the claim.
Article 5.
In order to establish his neutrality, the claimant shall present duly
authenticated certificates from the respective civil authorities, and in
default of such certificate a statement to that effect, duly attested,
and obtained with the concurrence of the public ministry.
Article 6.
Foreigners who shall have forfoited their neutral character are not
included in the provisions of this law. The condition of neutrality of
each individual claimant shall be determined according to the proofs
required by the preceding article.
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Article 7.
The right of foreigners to present claims under this law shall cease from
and after one year from its promulgation. This period shall not he
extended, and shall apply to minors, to women, to absentees, and to all
other persons privileged thereunder.
Article 8.
The law presumes that all contracts are fictitious which were concluded
between foreigners and disaffected citizens subsequently to the
promulgation of the resolution issued by the secretary of foreign
relations on the 13th of February, 1885, in conformity with Article 12
of the civil code. Unless the contrary be proven, no claim based on such
contracts shall be included within the provisions of this law.
Article 9.
The documentary evidence of claims shall contain sufficient proof of the
following facts:
The alien and neutral character of the claimant; the origin and amount of
the claim; the dates and places of the loans, supplies, expropriations
or damages, and the name of the chief or authority sanctioning the same;
the title or proof of ownership in the claimant at the time the
supplies, expropriations, damages, etc., were furnished or incurred.
Article 10.
All sums awarded to foreigners shall be paid in accordance with the
provisions of the executive decree of the 19th of August, 1885, on the
subject. Paragraph. A certificate from the minister of foreign relations
shall be a sufficient warrant to authorize the payment of a claim.
Article 11.
The examination of all claims that may have been presented to the
minister of foreign relations before the promulgation of this law may
continue, provided the formalities herein prescribed have been complied
with, otherwise the said claims must be preferred anew.
Article 12.
The period of the rebellion shall be reckoned, for the purposes of this
law, from the 18th day of September, 1884, to the 30th day of September,
1886.
Article 13.
The provisions of this law shall not interfere with any stipulations that
may have been concluded in treaties or public conventions.
Article 14.
For the proper discharge of the business arising from the claims referred
to in this law a special section shall be created in the ministry of
foreign relations, which shall continue during the time necessary to
accomplish said business.
Article 15.
The new section shall be composed, and the members thereof shall be
compensated as follows:
One chief clerk, with $3,000 annually; one deputy clerk, with $1,800
annually; one first officer, with $1,500 annually; one second officer,
with $1,000 annually.
Article 16.
The executive power is fully authorized to determine the manner and to
make such provisions therefor as may be necessary.
Article 17.
All laws in conflict herewith are hereby repealed.
