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P. v., Си. IX. LUNATIC RUSSIAN SUBJECTS. 171
the authorisation of the II. Department of the Russian Ministry of
Foreign Affairs.
According to the Decree of the Imperial Russian Senate of the
13th May i860, No. 22,902, the examination as to the mental
condition of Russian subjects, who have become insane during their
stay abroad, must be conducted in conformity with local law, and
with the co-operation of a delegate from the local Russian Legation
or Consulate. The proceedings will only be recognised by the Russian
Government if the Russian Consul takes part in them.
The document drawn up on such occasions must be legalised by the
Consul, who must state that all the proceedings have been conducted
in accordance with local law, and it must then be sent to the II.
Department of the Russian Ministry of Foreign Affairs with a certified Russian
translation. The document is transmitted by the Ministry of Foreign
Affairs to the Minister of Justice, who sends it to the Senate. In
addition to this, so that the lunatic should have no legal capacity, it
is necessary to obtain a certificate from the doctor who had charge
of the patient, and this document, attested by a Russian Consular
Officer, must be presented to a Court of Justice.1
Russian Consuls must take upon themselves the charge of lunatics
and of their property abroad, unless they possess relatives or friends
who are willing to give a written undertaking to perform these duties.
On the recovery of Russian lunatics abroad, they must be examined
and declared sane with the same formalities as were observed when they
became insane, that is, in accordance with the laws of the country in
which they are residing at the time, and with the co-operation of the
local Russian Legation or State Consulate. The substitution of the
official member of the Legation or State Consulate by a private delegate
is only permissible if the place of examination is very distant from
the Legation or Consulate, and then only with the sanction of the
Russian Ministry of Foreign Affairs.
An examination and declaration made without the co-operation
of a delegate from a Russian Legation or Consulate cannot be recognised
as valid by the Russian Government unless the Russian Ministry of
Foreign Affairs certifies that there was, at the time, no Russian
Legation or Consulate in the country where the lunatic resided.
The expenses of a delegate of the Legation or Consulate and all
the charges for the protection and possible repatriation of the lunatic
are to be recovered from his property. If he is destitute the expenses
are defrayed by the State treasury in accordance with Art. 370 of
the Russian Civil Law.2
Expenses incurred on behalf of insane persons of Russian nationality
by Legations or Consulates, will not be refunded until the lunatic has
been examined with the express consent of the Russian Government
and certified as insane by the Russian Imperial Senate.
1 Cons. Reg., Art. 2. Circular of the II. Department of the Russian Ministry
of Foreign Affairs of 30th June r88o. No. 6o8r.
2 Svod Zakonov, Vol. X., Part I., Edition of 1887.
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