- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
33

(1916) Author: Alfons Heyking - Tema: Russia
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33

CHAPTER xii.—Documents and Valuables

deposited at russian consulates for safe custody.

Sums of money, valuables or documents constituting the property
of Russian subjects may be deposited for safe custody in the
archives of Russian Consulates. A Russian Consul is bound to
accept wills and documents on deposit, but he has the right to refuse
to take care of sums of money, valuables, and effects, except for
very weighty reasons. Every deposit of a will must be confirmed
by a receipt signed by the Consul and bearing the Consular seal.
Deposited wills are kept at the Consulate until the death of the
testators, unless they demand the return of them either in person or through
an attorney furnished with a proper power of attorney, or unless
they have expressly devised otherwise. The Consul will take all
possible care of the documents, valuables, and effects deposited
at the Consulate and return them intact at the first demand of either
the depositor or the person in whose name the deposit was entrusted
to the Consulate, or of the person whom the lawful owner of the
deposited articles may have authorised to claim them.

In case of death of the owner of the deposited articles, or in
case he should have incurred civil death, the deposited property
must be handed over to the lawfully recognised heirs or to the
II. Department of the Ministry for Foreign Affairs, who will cause
the same to be forwarded to the persons entitled to it.1 In case
of embezzlement, opening, loss, or deterioration of the articles
deposited in his care, the Consul is, excepting in extraordinary
emergencies, subject to the responsibility fixed by Arts. 2105, 2107,
2115, of the Code of Civil Laws, which stipulate as follows :—

Any person undertaking the custody of property, money or
deeds must adopt the same measures for their safe keeping and
preservation from damage as he would in the case of his own
property. If, however, such property, money or deeds be removed
from his custody by violence ; or destroyed or damaged as a result
of some wholly exceptional occurrence ; he is relieved of all
responsibility for such loss, destruction and damage, even though it appear
that he could have saved the articles entrusted to his care, although
not without considerable risk to his own property. Such
responsibility cannot be repudiated, however, if the return of the articles to
their owner on the first demand has been refused. A person
undertaking the custody of property is not, under any circumstances
whatever, entitled to convert such property to his own use ; but he
may claim remuneration if, in order to preserve such property from
possible loss or damage, he has been obliged to incur expenses :
provided a stipulation to that effect was made in the agreement
as to the custody of the property, or if such expenses are incurred
as a result of circumstances which it was altogether impossible to
foresee at the time when the said agreement was made. If the
property left in the custody of a second person is sealed and locked
up, and if, in the absence of the owner, the custodian open, unseal

1 Cons. Reg., Art. 80.

с §39.

§39.
Deposits of
Documents
or Valuables
at
Consulates.

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