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The Treaty of Peace.
contracting parties, is and remains annexed to the present treaty, and shall have the same force and validity as if it formed an integral part thereof."
"16. With the view to carry out the arrangements of the preceding Articles, a Commission, in which Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, shall each be re"11. The Black Sea is neutralised. Its presented by one delegate, shall be charged to waters and its ports, thrown open to the mer- designate and to cause to be executed the works cantile marine of every nation, are formally and necessary below Isatcha, to clear the mouth of in perpetuity interdicted to the flag of war, the Danube, as well as the neighbouring parts either of the Powers possessing its coasts, or of the sea, from the sands and other impediof any other Power, with the exceptions men-ments which obstruct them, in order to put tioned in Articles 14 and 19 of the present that part of the river and the said parts of the treaty. sea in the best possible state for navigation. "12. Free from any impediment, the com- In order to cover the expenses of such works, merce in the ports and waters of the Black as well as of the establishments intended to Sea shall be subject only to regulations of secure and to facilitate the navigation at the health, customs, and police, framed in a spirit mouths of the Danube, fixed duties, at a suitfavourable to the development of commercial able rate, settled by the Commission by a matransactions. In order to afford to the com-jority of votes, may be levied, on the express mercial and maritime interests of every nation condition that, in this respect as in every other, the security which is desired, Russia and the the flags of all nations shall be treated on the Sublime Porte will admit consuls into their footing of perfect equality. ports situated upon the coast of the Black Sea, in conformity with the principles of International Law.
"17. A Commission shall be established and shall be composed of delegates of Austria, Bavaria, the Sublime Porte, and Wurtemberg (one for each of those powers), to whom shall be added Commissioners from the three Danubian Principalities, whose nomination shall have been approved by the Porte. This Com
"13. The Black Sea being neutralised according to the terms of Article 11, the maintenance or establishment upon its coast of military-maritime arsenals becomes alike unnecessary and purposeless; in consequence his Ma-mission, which shall be permanent:-1. Shall jesty the Emperor of all the Russias, and his Imperial Majesty the Sultan engages not to establish or to maintain upon that coast any military-maritime arsenal.
"14. Their Majesties the Emperor of all the Russias and the Sultan having concluded a convention for the purpose of settling the force and the number of light vessels, necessary for the service of their coasts, which they reserve to themselves to maintain in the Black Sea, that convention is annexed to the present treaty, and shall have the same force and validity as if it formed an integral part thereof. It cannot be either annulled or modified without the assent of the powers signing the present treaty.
"15. The Act of the Congress of Vienna having established the principles intended to regulate the navigation of rivers which separate or traverse different states, the contracting powers stipulate amongst themselves that those principles shall in future be equally applied to the Danube and its mouths. They declare that this arrangement henceforth forms a part of the public law of Europe, and take it under their guarantee. The navigation of the Danube cannot be subjected to any impediment or charge not expressly provided for by the stipulations contained in the following articles; in consequence, there shall not be levied any toll founded solely upon the fact of the navigation of the river, nor any duty upon the goods which may be on board of vessels. The regulations of the police and of quarantine to be established for the safety of the states separated or traversed by that river, shall be so framed as to facilitate, as much as possible, the passage of vessels. With the exception of such regulations, no obstacle whatever shall be opposed to free navigation.
prepare regulations of navigation and river police. 2. Shall remove the impediments, of whatever nature they may be, which shall prevent the application to the Danube of the arrangements of the Treaty of Vienna. 3. Shall order and cause to be executed the necessary works throughout the whole course of the river. And 4. Shall, after the dissolution of the European Commission, see to maintaining the mouths of the Danube and the neighbouring parts of the sea in a navigable state.
18. It is understood that the European Commission shall have completed its task, and that the River Commission shall have finished the works described in the preceding articles, under Nos. 1 and 2, within the period of two years. The signing powers assembled in Conference having been informed of that fact, shall, after having placed it on record, pronounce the dissolution of the European Commission, and from that time the permanent River Commission shall enjoy the same powers as those with which the European Commission shall have until then been invested.
"19. In order to insure the execution of the regulations which shall have been established by common agreement in conformity with the principles above declared, each of the contracting powers shall have the right to station, at all times, two light vessels at the mouths of the Danube.
"20. In exchange for the towns, ports, and territories enumerated in Article 4 of the present treaty, and in order more fully to secure the freedom of the navigation of the Danube, his Majesty the Emperor of all the Russias consents to the rectification of his frontier in Bessarabia. The new frontier shall begin from the Black Sea, one kilometre to the east
interior, and to ensure that of the frontiers. No impediment shall be opposed to the extraordinary measures of defence which, by agreement with the Sublime Porte, they may be called upon to take in order to repel any external aggression.
of the Lake Bourna Sola, shall run perpendi- with the view to maintain the security of the cularly to the Akerman Road, shall follow that road to the Val de Trajan, pass to the south of Bolgrad, ascend the course of the River Yalpuck to the Height of Saratsika, and terminate at Katamori on the Pruth. Above that point the old frontier between the two empires shall not undergo any modification. Delegates of the contracting powers shall fix, in its details, the line of the new frontier.
"21. The territory ceded by Russia shall be annexed to the Principality of Moldavia under the suzerainty of the Sublime Porte. The inhabitants of that territory shall enjoy the rights and privileges secured to the Principalities; and, during the space of three years, they shall be permitted to transfer their domicile elsewhere, disposing freely of their property.
"22. The Principalities of Wallachia and Moldavia shall continue to enjoy under the suzerainty of the Porte, and under the guarantee of the contracting Powers, the privileges and immunities of which they are in possession. No exclusive protection shall be exercised over them by any of the guaranteeing Powers. There shall be no separate right of interference in their internal affairs.
"27. If the internal tranquillity of the Principalities should be menaced or compromised, the Sublime Porte shall come to an understanding with the other contracting Powers in regard to the measures to be taken for maintaining or re-establishing legal order. No armed intervention can take place without previous agreement between those powers.
"28. The Principality of Servia shall continue to hold of the Sublime Porte, in conformity with the Imperial Hats which fix and determine its rights and immunities, placed henceforward under the collective guarantee of the contracting Powers. In consequence, the said Principality shall preserve its independent and national administration, as well as full liberty of worship, of legislation, of commerce, and of navigation.
"29. The right of garrison of the Sublime Porte, as stipulated by anterior regulations, is maintained. No armed intervention can take place in Servia without previous agreement between the high contracting Powers.
"23. The Sublime Porte engages to preserve to the said Principalities an independent and national administration, as well as full liberty of worship, of legislation, of commerce, and of 30. His Majesty the Emperor of all the navigation. The Laws and Statutes at present Russias and his Majesty the Sultan maintain, in force shall be revised. In order to establish in its integrity, the state of their possessions a complete agreement in regard to such re- in Asia, such as it legally existed before the vision, a special commission, as to the compo- rupture. In order to prevent all local dispute sition of which the high contracting Powers will come to an understanding among themselves, shall assemble without delay at Bucharest, together with a Commissioner of the Sublime Porte. The business of this commission shall be to investigate the present state of the Principalities, and to propose bases for their future organisation.
"24. His Majesty the Sultan promises to convoke immediately in each of the two provinces a Divan ad hoc, composed in such a manner as to represent most closely the interests of all classes of society. These Divans shall be called upon to express the wishes of the people in regard to the definitive organisation of the principalities. An instruction from the congress shall regulate the relations between the commission and these Divans.
"25. Taking into consideration the opinion expressed by the two Divans, the commission shall transmit, without delay, to the present seat of the conferences, the result of its own labours. The final agreement with the Suzerain power shall be recorded in a convention to be concluded at Paris between the high contracting parties; and a hatti-sherif, in conformity with the stipulations of the convention, shall constitute definitively the organisation of those provinces, placed thenceforward under the collective guarantee of all the signing Powers.
"26. It is agreed that there shall be in the Principalities a national armed force, organised
the line of frontier shall be verified, and, if necessary, rectified, without any prejudice as regards territory being sustained by either party. For this purpose a mixed Commission, composed of two Russian Commissioners, two Ottoman Commissioners, one English Commissioner, and one French Commissioner, shall be sent to the spot immediately after the re-establishment of diplomatic relations between the Court of Russia and the Sublime Porte. Its labours shall be completed within the period of eight months after the exchange of the ratifications of the present treaty.
"31. The territories occupied during the war by the troops of their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, the Emperor of the French, and the King of Sardinia, according to the terms of the conventions signed at Constantinople on the 12th of March, 1854, between Great Britain, France, and the Sublime Porte; on the 14th of June of the same year between Austria and the Sublime Porte; and on the 15th of March, 1855, between Sardinia and the Sublime Porte; shall be evacuated as soon as possible after the exchange of the ratifications of the present treaty. The periods and the means of execution shall form the object of an arrangement between the Sublime Porte and the Powers whose troops have occupied its territory.
"32. Until the treaties or conventions which existed before the war between the belligerent
New Statutes.-Third Report of the Chancery Commissioners.
Powers have been either renewed or replaced | SCHEDULE TO WHICH THIS ACT REFERS by new acts, commerce of importation or of exportation shall take place reciprocally on the footing of the regulations in force before the war; and in all other matters their subjects shall be respectively treated upon the footing of the most favoured nation.
Southwick "33. The convention concluded this day Steep between their Majesties the Queen of the Edlesborough. United Kingdom of Great Britain and Ireland, Birchanger the Emperor of the French, on the one part, Highweek and his Majesty the Emperor of all the Russias, Wiggenhall Mead & Marrick. on the other part, respecting the Aland Islands, is and remains annexed to the present treaty, and shall have the same force and validity as if it formed a part thereof.
Middle Moor Mead Hertford
July 5, 1855
Date of Provisional Order.
May 26, 1854
May 17, 1855
May 31, 1855
June 28, 1855
Aug. 2, 1855
June 18, 1855
Aug. 2, 1855
Aug. 2, 1855
Sept. 6, 1855
34. The present treaty shall be ratified and the ratifications shall be exchanged at Paris in the space of four weeks, or sooner if possible. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.
Done at Paris
the 30th day of the month of March, in the year 1856."
NEW STATUTES EFFECTING AL-
Niton (Isle of Wight) Southampton Dec. 22, 1856
THIRD REPORT OF THE CHANCERY
AS TO THE REGISTRARS' OFFICE. VARIOUS Suggestions have been made to the Commissioners for improving the mode of transacting the business of the registrars' office.
Among others it has been proposed that England and Wales have, in pursuance of the registrars should be relieved from the "The Acts for the Inclosure, Exchange, and duty of attending to countersign the AcImprovement, of Land," issued their provisional orders for and concerning the proposed countant-general's cheques. This duty was inclosures mentioned in the Schedule to this formerly performed by the registrars only, Act, and have in their Eleventh Annual Ge- but by an order of Lord St. Leonards, neral Report certified their opinion that such made on 27th July, 1852, the duty was inclosures would be expedient; but the same directed to be performed by the Master of cannot be proceeded with without the previous the Reports and Entries on three days of authority of Parliament: Be it enacted, as the week, one of the registrars being in atfollows:tendance on the other three days. It is stated in the Report, that—
1. That the said several proposed Inclosures mentioned in the Schedule to this Act be proceeded with.
2. In citing this Act in other Acts of Parliament and in legal instruments it shall be sufficient to use either the expression "The Annual Inclosure Act, 1856," or "The Acts for the Inclosure, Exchange, and Improvement of Land."
"When the Accountant-General draws any cheque upon the Bank except for dividends. the sum for which the draft is drawn is marked in figures in the margin of the order directing the payment, and the AccountantGeneral puts his initials opposite these figures. It is the duty of the registrar before he countersigns the cheque to see that the cheque is drawn in favour of the person to whom it is
Third Report of the Chancery Commssioners.
ordered to be paid, and that the amount of it year, so that an increase in the number of recorresponds with the sum specified in the gistrars does not appear necessary on the order, and he writes his initials in the margin ground of the constant sitting of six Courts. of the order opposite the amount specified. It will be seen that in a subsequent part of This signature operates as a guard against two this our report we recommend that assistance cheques being produced to the registrar suc- should be given to the registrars in the discessively for the same payment. The same charge of their duties out of Court. Should course is pursued on the first payment of di- this recommendation be carried into effect, the vidends under an order, but after the first registrars will be greatly relieved in respect of payment the order is not produced to the re- this portion of their business. We think it gistrar, so that he simply countersigns the right, however, to observe that, though we do Accountant-General's cheque on its being pro- not recommend the appointment of an adduced to him. It is the practice in the Ac-ditional registrar at present, we think it procountant-General's office for the Accountant- bable that such an appointment may hereafter General to sign the cheques upon his being be required, especially having regard to the satisfied that the cheque is drawn in favour of progressive increase in the number of orders, the proper person and for the proper amount. and we consider it desirable that power should The cheques being so drawn are intrusted to be given to the Lord Chancellor to increase the the clerks, to be by them given out to the persons entitled, on their signing a receipt in the Accountant-General's books. These cheques, especially cheques drawn for dividends, may remain some time in the office before application is made for them.
number of registrars to 12, if, after the alterations which it is proposed to make shall have been made, such an appointment should be found necessary. The recent abolition of the office of the Master of the Reports and Entries furnishes, in our opinion, an additional reason for giving such a power to the Lord Chancellor, because the whole duty of countersigning the Accountant-General's cheques, half of which is now performed by the gentleman who lately held the office of Master of the Reports, will, upon his death, devolve on the registrars."
It has been further suggested that the orders should be drawn by the solicitors and submitted to the registrars for their sanction. The Commissioners do not, however, approve of this suggestion.
"If the practice of countersigning the cheques were abolished, the consequence would be that if a cheque were abstracted from the office, any person might obtain payment for it at the bank at once, and without application elsewhere. According to the present system this could not be done, but the cheque, after it has been received from the clerk, must be presented to the registrar or, the Master of the Reports, and except when drawn for dividends the order must also be presented to one of these officers. We regard this course of proceeding as a protection against fraud, and we "We think that the orders of the Court are not prepared to recommend the abolition should be drawn up by officers of the Court of such protection, more especially as we find trained for the purpose, and we apprehend that the Accountant-General is strongly op- that orders drawn up by agents of the parties posed to its removal, and indeed is of opinion would often be made more favourable to the that an opportunity should be afforded for party drawing them up than the judgment of performing this duty more carefully than it the Court warranted, and that consequently can be at present done, by the countersigning disputes and differences would arise more freofficer being relieved from all other business quently, leading to great expense and frequent We apprehend, during his attendance at the Accountant- applications to the Court. General's office. We think it is of importance moreover, that uniformity in the mode of drawthat this duty of countersigning the cheques ing up orders would gradually cease, and that should still be performed, and we are of much confusion and uncertainty would conseopinion that a duty of this nature is better in- quently be introduced into the practice of the trusted to a body of responsible and experi- Court. A serious additional expense would enced officers like the registrare, acting in ro- also be thrown upon the suitors by such a tation, than to a single officer to be appointed change in the practice, for practically the orders for the purpose." would in most cases be drawn by counsel, and delay would also, in our opinion, be increased, since it would often be impracticable for counsel, consistently with their other engagements, to frame the order immediately after it was pronounced. We have arrived at the conclusion that the orders should continue to be drawn up by the registrars."
It has been also suggested that the number of registrars should be increased to 12, thus giving two registrars to each Court; but the Commissioners are not satisfied that an increase in the number of registrars is necessary. They observe that
"The Lord Chancellor and the Lords
The Commissioners think, however, that Justices are not sitting in separate Courts the practice of the registrar's office, by every day in the week, except perhaps during which the minutes of decretal orders are Michaelmas and Hilary Terms and the inter- drawn up by the registrars, and the minutes mediate sittings, at which time there is less of orders on petitions and motions by the press of business than at other periods of the clerks, should be altered as follows :—
Third Report of the Chancery Commissioners.``
"That the clerk attached to each registrar | however, with propriety be required in the case should prepare such of the orders, whether of existing clerks, whose right of succession is decretal or otherwise, as the registrar to whom regulated by Act of Parliament."
he is attached may direct, and that the drafts of all the orders prepared by the clerk should be submitted to, or be expressly sanctioned by, the registrar before the draft is delivered out. We also think that it should be an instruction to the registrars to deliver out the draft in the first instance in as perfect a state as possible, and with this view we recommend that a general order should be issued, specifying in general terms what papers are to be left, preparatory to drawing up the order, so that the solicitor may know authoritatively what is required.
The Commissioners are of opinion that the present practice of allowing parties to make their own appointments to settle minutes should be altered.
the party having the carriage of the order "That when the draft order is delivered out, should fix with the registrar's assistant clerk a time for settling the draft with the registrar that notice of this appointment should be. forthwith given to the opposite solicitors,"We also think that a short limited time sidered as peremptory, the registrar having and that the appointment should be con-should be fixed by a general order within power to adjourn the appointment to a fixed which the order should be bespoken and the time, as is now the practice in the Judge's papers left; and that in case of non-compliance chambers. When the draft order is settled, a with the general order by the party having the conduct of it, the registrar should be authorised to decline drawing up the order without the express sanction of the Court.
"We are further of opinion that in all cases the draft order should be made complete before the order is given out to be transcribed, and that care should be taken to avoid as much as possible any alteration in the transcript. We think that the passing of the order should be almost a formal act.
time should, in like manner be fixed for passing the order, and for attending the registrar thereon, in cases where, in the judgment of the that the parties should attend him for that registrar, it would be necessary or advisable purpose. If parties neglected to attend, the re gistrar should have the power of settling and passing the order in their absence, and pro-ceeding in all respects as if the order had been made in their absence, though they may in fact "We do not consider that the responsibility gument of the case. The registrar should also have appeared in Court by counsel on the ar-of the order corresponding with the draft should be authorised, if he should see fit, to dispense rest with the solicitors. When the draft is with the production of the counsel's briefs settled, and left with the registrar for transcript when the parties neglect to produce them, and we think that the office should be responsible to act upon such evidence as he may think fit for its accuracy. Indeed, we think that if of the actual appearance by counsel for the greater care were bestowed on a settlement of party in cases where it may be unadvisable to the draft there would be few cases in which proceed as if the party neglecting to attend it would be necessary to attend the registrar again on passing the order."
tors' fees on settling the minutes and on They further recommend that the solicipassing the order should be consolidated
The Commissioners are further of opinion that each of the registrars should have an assistant clerk, appointed by him and re-into one fee. movable at his pleasure.
"That the duty of such assistant clerk should be to receive, take care of, and deliver out papers, fix appointments, answer ordinary applications, set down causes, and transact such other business as he might be directed to do. The clerks in the rotation would thus be relieved from much troublesome occupation, which interferes with the discharge of their proper duties, and would be thereby enabled
to devote their undivided time and attention to drawing up the orders of the Court.
"We also think that the clerk in the rotation attached to each registrar should be specially under his control. It has been suggested that it would be expedient to make the clerk's right of succession contingent on a certificate of good conduct to be given by the registrar to whom he may be attached; and we are disposed to think that an adoption of this rule would be attended with advantage, subject to a power to the Lord Chancellor to dispense with the certificate for any special reason applicable to the particular case. Such a certificate could not,
has passed an order, should hand it over to be "We also think that the registrar, when he entered to the entering clerk, so that it may be delivered out by such entering clerk to the party having the carriage of the order."
stitution of the registrars' office, and to the Objections have been raised to the conmode of succession by seniority established by the Acts of Parliament regulating the
whether it is expedient to have a distinct body "In particular, doubts have been expressed of trained registrars, and whether it would not be an improvement, on the occurrence of vacancies to select the registrars from among members of the Legal Profession, either Barristers or Solicitors, leaving them to appoint their own clerks. We think that it is advisable to keep up the registrars' office as a separate establishment, the clerks rising by seniority and ultimately becoming registrars, but we do not enter further upon the conside