[Inclosure in No.
19.—Translation.]
Baron Pasetti to
Mr. Lawton.
Sir: In compliance with the desire expressed in
the esteemed note No. 7, under date of 19fch ultimo, respecting the
right to sue in forma pauperis, the ministry of
foreign affairs has addressed itself to the ministry of justice of both
parts of the Empire, and now has the honor to communicate to the envoy
extraordinary and minister plenipotentiary of the United States of
America, General Alexander R. Lawton, the regulations which are in force
in this part of the Empire on the subject in question.
The laws in the countries represented in the reichsrath provide that
persons without means be exempt from paying taxes and stamp duties in
connection with lawsuits. In cases where the law requires that the
parties be represented by lawyers, an attorney will be appointed by the
members of the bar, and the appointment carries with it exemption from
payment of fee and tax.
If the party to whom this privilege was granted subsequently comes into
possession of means, the payment of the lawyer’s fee, of taxes, and of
stamps, can be made from the amount realized by gaining the suit.
The poverty of the plaintiff is also taken into consideration in regard
to securing the expenses of the defendant. While the plaintiff is bound
to give security for the amount necessary to cover the expenses of the
court, or to make oath that he is unable to give that security, the
plaintiff, when once the right to sue in forma
pauperis is conceded to him, is legally exempt from giving
security for these expenses and also from giving oath.
As far as the persons are concerned to whom these benefits are granted,
there is no law by which this privilege is made dependent upon Austrian
citizenship, and for this reason the right of foreigners to sue in forma pauperis, unless coming under the
provisions of special international treaties, is regulated by paragraph
33 of the general civil law, according to which foreigners as well as
natives enjoy that privilege.
The above-mentioned paragraph reads as follows:
“Foreigners enjoy the same rights and have the same duties as native
citizens, if not otherwise expressly provided that citizenship is a
requisite for the enjoyment of such rights. Foreigners, in order to
participate in this benefit, must, in cases of a doubtful nature, prove
that the State of which they are citizens extends the same right to
citizens of Austria.”
Special treaties touching the right to sue in forma
pauperis have been concluded with France (treaty of May 15,
1870, R. G. B. No. 43, 1880), Belgium (treaty of July 19, 1880, R. G. B.
No. 19, 1881), Servia (treaty of May 6, 1881, R. G. B. No. 88, 1882),
Italy (treaty of February 9, 1883, R. G. B. No. 113), Switzerland
(treaty of January 8, 1884, R. G. B. No. 137), and the German Empire
(treaty of May 9, 1886, R. G. B. No. 22, 1887). These treaties, for the
greater part of uniform text, agree to grant to the subjects of the
contracting powers the same privileges conceded to their own
subjects.
The imperial and royal ministry of foreign affairs will communicate to
his excellency, the American minister, the provisions of the respective
law which are in force in the countries of the Hungarian crown as soon
as a reply has been received from the royal Hungarian minister of
justice.
The undersigned avails, etc.
For the minister of foreign affairs.
M.
Pasetti.
Vienna, December 7,
1887.
