92 



PROVINCE OF RIO DE JANEIRO. 



his premises and effects, when, in some cases, I have been informed, he dis- 

 covers that another person holds them, in virtue of a purchase which he pre- 

 tends to have made, although the defendant is probably acting in the business 

 as before. The plaintiff, in order to prove this fictitious sale, contemplates a 

 delay of several years in another law process ; he therefore submits to any 

 terms that may be offered him. 



An instance was related to me of a Brazilian who owed an English house eleven 

 hundred pounds, and, being pressed for a settlement, he disputed the delivery of a 

 quantity of crockery-ware, amounting to nine hundred pounds, but which, from 

 their great bulk, and the circumstances attending his receipt of them, afforded 

 ample proof of the justness of the charge. In the course of the law-process he 

 demanded the production of the plaintiff's books, in which case every leaf of 

 each book is stamped, and pays a duty to government. The books afforded 

 the clearest testimony of the sale and delivery. The defendant then put in a 

 document, suggesting that the plaintiff might have two sets of books, and this 

 might be a false one ; upon this the defendant was ordered to produce his own 

 books, for it is usual for this class of Brazilian dealers to keep a receiving- 

 book, in which all goods are entered when delivered at their shops. He how- 

 ever evaded this order, by replying, that he kept no books, but wrote the 

 receipt of all goods upon the back of the merchants' invoices, and that he 

 had never received the one in question. This subterfuge produced an 

 immediate despatch in favour of the plaintiff, which the defendant may per- 

 haps yet frustrate, by the dishonest proceedings mentioned. Hence, the laws 

 appear to be rather a temptation to fraud than a preventive. 



The appointment of an English judge conservator, who is indeed a respectable 

 man, and disposed to act with promptitude and justice, appears to be perfectly 

 nugatory in cases of importance ; and, although his decisions may have some 

 influence with the other courts, they are by no means final or effectual ; 

 and the same delay takes place, under such circumstances as have been 

 described, as if this office did not exist. The privilege of having a judge, 

 whose salary of ^500 a year is paid out of the contribution fund, would appear 

 to be conceded to the English, without its producing any adequate advantage 

 to them. 



From the universal taste for British manufactures, the Brazil presents a great 

 anti decidedly increasing field for their consumption ; and, although the mer- 

 chants cannot get rid of the tedious practice in the judicial proceedings, they 

 may, by a system of caution, in some instances, avoid it; and they have already 



