- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
104

(1916) Author: Alfons Heyking - Tema: Russia
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104

DRAWING UP, &c., DOCUMENTS. P. iv., Сн. iv.

§85,
Persia.

§ 86.
China.

§87. [-Applications-]
{+Applica-
tions+} of
Elective
Consuls for
legalisation
of
documents.

attested by Consular Officers and sealed with the official seal, possess
the same validity and force in the territory of the contracting powers
as if they had been drawn up in either country by notaries or other
officially competent persons. On all such deeds, drawn up abroad,
all stamp duties, court and other fees must be paid in the country
where they are carried into effect. Thus, the Consular Officers of
the contracting parties have been placed on an equal footing with
local Notaries Public.

In Persia the drawing up and attestation of documents by Russian
Consuls is regulated by the Convention concluded between Russia
and that country on the ioth February, 1828, which provides (Article
2) that contracts, bills of exchange, and all other written agreements
between the subjects of the two countries and relating to business
transactions, are to be recorded in the books of the Russian Consul
and also in those of the Hakim (judge in civil matters), or, where there
is no Russian Consul, in those of the Hakim only, in order to render
a thorough investigation of the matter possible in the event of disputes
between the parties. If one of the contracting parties lodge a
complaint against the other, without being able to produce documents
duly attested in the manner specified, and if he is not in a position
to offer any other evidence than that of witnesses, his claim cannot
lie, unless its validity is explicitly recognised by the respondent.

As regards China, the Conventions concluded by Russia with
the Celestial Empire on the 2nd/i4th November, i860, and the 12th/
24th February, 1881, provide that written contracts on matters of
commerce between Russians and Chinamen can be presented at
Russian Consulates and other institutions representing the Russian
Government in China in order to be legalised.

All Russian State Consuls have the same powers as Notaries Public
in Russia, and the legalisation by them of documents granted in
accordance with Art. 465 of the Russian Law of Civil Procedure and
Arts. 2 and 10 of the Consular Regulations confers legal validity on
such documents in Russia.

If application is made to an Elective Consular Officer for the
legalisation of a document which can only be legalised by a State
Consul, the document in question must be sent, in duplicate, to the
State Consul to whom he is subordinate, together with the following
particulars :—

1. The name, in full, of the Notary Public whose signature is to
be certified ;

2. The date of the document ;

3. The names of the persons by whom the document was presented
and signed ;

4. The names of the persons to whom the power of attorney is
given, and of the place in Russia for which it is given ;

5. A brief statement of the substance of the document.

The signatures to be legalised may be either in Russian or in a
foreign language. In the latter case, a translation of the signature
must follow, and the correctness of such translation be attested by
the Consular Officer. The signatures of foreign subjects may only
be legalised if the Consul is able to convince himself, by adequate

;§§ 85, 86, 87.

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