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CONTENTS OF VOLUME LII.
Criminal Law Amendment, by Mr. Greaves, 382
Chancery Appeals, 359, 374, 389, 406, 550
Common Law Appeals, 423, 439, 534, 550
Scott on Costs in the Superior Courts, 29
Trevor's Taxes on Succession, 66
Woolrych on the Metropolitan Building Act, 140
15, 16, 31, 33, 36, 49, 51, 68, 84, 88, 96, 97,
PROCEEDINGS OF LAW SOCIETIES.
The Legal Observer,
"Still attorneyed at your service."-Shakespeare.
SATURDAY, MAY 3, 1856.
THE TREATY OF PEACE.
advised changes in the rules of Law and the regulations of professional Practice, an honourable, well-educated, energetic, and intelligent body of men must still continue to conduct the practical business of the Courts, and advise, guide, and aid the suitors in their varied, important, and often complicated affairs.
its result not only increase the prosperity of this great Commercial Country throughout In the former state of the Law relating all its various classes, (depending as they to the contents of Newspapers, we should not do on each other,) but largely tend to the have been permitted to set forth or descant advantage of the Legal Profession, for whaton the great Treaty of Peace which was an- ever promotes the wealth, and increases the nounced to both Houses of Parliament on population of a country, must enhance the Monday last, the 28th April. It must be interests of those whose clients multiply acknowledged, however, that we were libe- both in number and riches. We trust, inrally dealt with by the Government autho- deed, that "a good time is coming," which rities in the construction of the Statutes will re-instate our brethren in that prosagainst the publication of "news or obser- perity which they formerly possessed; and vations on public events." Our humble that, notwithstanding the ravages which Journal, as the first Weekly Law Periodical, have been perpetrated by hasty and illhas often been noticed in Parliament and the Courts of Law on questions relating to publications devoted chiefly to science and literature, but which sometimes animadverted on transactions of a political nature or which affected the community at large. Indeed, it may be admitted that in stating and commenting upon the various measures of Law Reform (for which purpose Although the Treaty of Peace, and its the Legal Observer was chiefly established) appendant Conventions, have appeared in all we were frequently dealing with topics not the papers, we think our readers will ap limited to the Profession alone in any of its prove of its being permanently recorded in branches, but importantly affecting the these pages. Every intelligent lawyer, inpublic in general. We believe that there is deed, ought to be acquainted with the scarcely any subject in the wide range of newspaper topics so interesting to the majority of Englishmen as the due administration of Justice in all its various departments; and this general feeling proves convincingly the high sense of justice which prevails throughout the kingdom. Hence we see a large and prominent space allotted to "Law Reports and Intelligence" in all our daily papers.
We consider also that this more than European Compact, which well-nigh establishes the peace of the whole world, will in No. 1,469.
several clauses of these remarkable State documents, which we trust will long continue as a great Chapter in the International Law of the Seven Kingdoms,-the rulers of which are parties thereto.
The several articles of the Treaty which more particularly affect the interests of Great Britain are the 11th, 12th, 14th, 15th, 16th, 17th, and 23rd. In addition to which is the following Convention relating to the important subject of Maritime Law:
"That Maritime Law, in time of war, has long been the subject of deplorable disputes;
"That the uncertainty of the Law and of the and ports of Sebastopol, Balaklava, Kamiesch, duties in such a matter, gives rise to differences Eupatoria, Kertch, Jenikale, Kinburn, as well of opinion between neutrals and belligerents as all other territories occupied by the allied which may occasion serious difficulties, and troops. even conflicts;
That it is consequently advantageous to establish a uniform doctrine on so important a point;
"The plenipotentiaries, being duly authorised, resolved to concert among themselves as to the means of attaining this object; and, having come to an agreement, have adopted the following solemn declaration :
"1. Privateering is, and remains, abolished; "2. The neutral flag covers enemy's goods, with the exception of contraband of war;
"3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag;
"4. Blockades, in order to be binding, must be effective; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
"The Governments of the undersigned plenipotentiaries engage to bring the present declaration to the knowledge of the States which have not taken part in the Congress of Paris, and invite them to accede to it.
"5. Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, the Emperor of all the Russias, the King of Sardinia, and the Sultan, grant a full and entire amnesty to those of their subjects who may have been compromised by any participation whatsoever in the events of the war in favour of the cause of the enemy. It is expressly understood that such amnesty shall extend to the subjects of each of the belligerent parties who may have continued, during the war, to be employed in the service of one of the other belligerents.
"6. Prisoners of war shall be immediately given up on either side.
"7. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, his Majesty the Emperor of Austria, his Majesty the Emperor of the French, his Majesty the King of Prussia, his Majesty the Emperor of all the Russias, and his Majesty the King of Sardinia, declare the Sublime Porte admitted to participate in the advantages of the public law and system (concert) of Europe. Their "Convinced that the maxims which they Majesties engage, each on his part, to respect now proclaim cannot but be received with gra- the independence and the territorial integrity titude by the whole world, the undersigned of the Ottoman Empire; guarantee in common plenipotentiaries doubt not that the efforts of the strict observance of that engagement; and their Governments to obtain the general adop-will, in consequence, consider any act tending tion thereof will be crowned with full success. to its violation as a question of general interest. "The present declaration is not and shall not be binding, except between those Powers who have acceded, or shall accede to it." The following are the Articles of the Treaty :
"1. From the day of the exchange of the ratifications of the present treaty, there shall be peace and friendship between her Majesty the Queen of the United Kingdom of Great Britain and Ireland, his Majesty the Emperor of the French, his Majesty the King of Sardinia, his Imperial Majesty the Sultan, on the one part, and his Majesty the Emperor of all the Russias, on the other part; as well as between their heirs and successors, their respective dominions and subjects in perpetuity.
"2. Peace being happily re-established between their said Majesties, the territories conquered or occupied by their armies during the war shall be reciprocally evacuated. Special arrangements shall regulate the mode of the evacuation, which shall be as prompt as pos
"3. His Majesty the Emperor of all the Russias engages to restore to his Majesty the Sultan the town and citadel of Kars, as well as the other parts of the Ottoman territory of which the Russian troops are in possession.
"4. Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, the King of Sardinia, and the Sultan, engage to restore to his Majesty the Emperor of all the Russias the town's
"8. If there should arise between the Sublime Porte and one or more of the other signing Powers any misunderstanding which might endanger the maintenance of their relations, the Sublime Porte, and each of such Powers, before having recourse to the use of force, shall afford the other contracting parties the opportunity of preventing such an extremity by means of their mediation.
"9. His Imperial Majesty the Sultan, having, in his constant solicitude for the welfare of his subjects, issued a firman which, while ameliorating their condition without distinction of religion or of race, records his generous intentions towards the Christian population of his empire, and wishing to give a further proof of his sentiments in that respect, has resolved to communicate to the contracting parties the said firman, emanating spontaneously from his sovereign will. The contracting Powers recognise the high value of this communication. It is clearly understood that it cannot, in any case, give to the said Powers the right to interfere, either collectively or separately, in the relations of his Majesty the Sultan with his subjects, nor in the internal administration of his empire.
"10. The convention of the 13th of July, 1841, which maintains the ancient rule of the Ottoman Empire relative to the closing of the Straits of the Bosphorus and of the Dardanelles, has been revised by common consent. The act concluded for that purpose, and in conformity with that principle, between the hih