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These, and in general all other foreign commercial societies, (accomandite collective,) must publish their charter in the chancery of the tribunal of commerce of the district in which they choose a domicile.

With reference to questions of criminal law the Sardinian code has hitherto been. applied in all parts of the realm except Tuscany.

The above-mentioned law of the 25th June, 1865, in art. 11, contains the following general dispositions: Criminal laws, and those of police and public security, are binding on all persons who may be within the territory of the realm.

The criminal code contains the following dispositions:

ART. 5th. "The native of the kingdom who commits on foreign territory a crime against the security of the realm, or who forges the seal, the moneys, bank-notes, obligations of the state, or documents of public credit equivalent to money, is to be tried and punished in the realm according to the provisions of the present law.

ART. 6th. "The native of the kingdom who commits on foreign territory a crime against another native of the kingdom, or against a foreigner, when he returns to the realm, is to be judged and punished according to the penalties established by the present law, which, however, may, according to circumstances, be diminished by one degree.

"The same rule will be applied to the native of the kingdom who commits on foreign territory a crime against another native of the kingdom, provided the injured party commences an action against him.

"The same rule will also apply if the crime be committed on foreign territory against a foreigner, provided that in the country to which the foreigner belongs the same treatment is extended to inhabitants of the kingdom.

ART. 7th. "The foreigner who on foreign territory commits a crime against the security of the state, or forges the seal, the moneys, bank-notes, obligations of the state, or documents of public credit equivalent to money, and who is arrested within the realm, or is given up by foreign governments, is to be judged and punished according to the provisions of the present law.

ART. 8th. "The foreigner who commits on foreign territory, either against a native of the realm or against another foreigner, any of the crimes indicated in articles 596600 exclusively, if arrested in the realm or given up by other governments, is to be judged and punished according to article 6, provided the crime shall have been committed within half a miriametre of the frontiers of the realm, or, in case the crime has been committed at a greater distance from the frontiers, when the culprit brings into the realms moneys or effects which he has stolen.

ART. 9. "Besides the cases mentioned in the preceding article, the foreigner who on foreign territory commits a crime against a native of the realm and then enters the royal states is to be arrested, and the authorization of the king's government having first been obtained, an offer of his surrender is to be made to the government within whose jurisdiction the crime has been committed, in order that he may be tried there. But if that government should fail to receive the culprit, he is to be judged and punished in the royal states according to article 6.

"The same rule applies to crimes committed by a foreigner against an inhabitant of the realm in a foreign country, when under similar circumstances an inhabitant of the realm would be punished in the country to which the foreigner belongs, except in case of civil actions."

ART. 10. "Articles 6, 8, and 9 are not to be applied when the culprit shall have been tried and sentenced in the country where the crime has been committed, and in case of his having been condemned, shall have there gone through the term of punishment. ART. 11. "No culprit can be surrendered to any state without the order of the king's government."

In the Tuscan provinces, where, as has been already said, there still exists the penal code promulgated by the Grand Ducal government in 1853, the regulations respecting foroigners are as follows:

ART. 3. "1. Whoever commits a crime on Tuscan territory, whether he be a Tuscan subject or not, is punishable according to the provisions of the present law."

2. "However, soldiers in the service of the state do not come under the above head, insomuch as crimes committed by them are punishable according to the military laws." ART. 4. "A Tuscan subject is punishable according to the present law also for crimes committed out of the Tuscan territory

"(a.) Against another Tuscan;

"(b.) Against the internal or external security of the state;

"(c.) Forgery of moneys or documents of public credit having legal or commercial circulation in Tuscany;

"(d.) Forgery of the seal of a public authority or of a public office of the Grand Duchy, or of the instruments used in making it.

"The same rule applies to crimes committed by Tuscans out of Tuscany against a foreigner; but in such cases—

"(a.) For the punishment of death is substituted imprisonment ('ergastolo');

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"(b.) For imprisonment ('ergastolo') is substituted the penitentiary ('Casa di Forga') for twenty years;

"(c.) The penitentiary can be reduced within the legal limits; and

"(d.) If the crime is punishable with less than the penitentiary, not only may the punishment be diminished, as laid down under letter c, but moreover the person injured must bring the action against the culprit."

ART. 5. "When arrested in Tuscany, or given up by other governments, a foreigner is liable to punishment under the present law, when beyond the limits of the Tuscan territory he has been guilty of a crime

"(a.) Against the internal security of the state;

"(b.) Forgery of moneys or of public papers of credit in Tuscany; or

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"(c.) Forgery of seals of a public authority, or of a public office of the Grand Duchy, or of the instruments for making them."

"The same rule applies to crimes committed by foreigners out of Tuscany against a Tuscan; but in such cases are applied the limitations laid down in sec. 2 of the prece ding article."

ART. 6. "In the cases foreseen in sec. 2 of art. 4, and sec. 2 of art. 5, acts are not to be punishable which, although punishable in Tuscany, are not liable to punishment in the country where they are committed."

ART. 7. "If the Tuscan subject, as mentioned in art. 4, or the foreigner as mentioned in art. 5, has, beyond the Tuscan frontiers, suffered the punishment inflicted by law on his crime, no criminal proceedings can be taken against him in the Grand Duchy. "But if, condemned out of Tuscany, he has not gone through his punishment, or has only done so in part, he is liable to be tried again in Tuscany, but at his trial the amount of punishment he may already have gone through will be taken into consideration.

ART. 8. "The rules laid down in articles 4 and 5 are to be observed in every case where there are no others laid down by special public conventions between Tuscany and other states."

ART. 9. "No Tuscan subject can be given up to another state for any crime whatever, whether committed in Tuscany or elsewhere."

As regards criminal proceedings, the following are the provisions of the various articles of the code applicable to foreigners:

ART. 34. "For crimes and offenses punishable according to articles 5, 6, 7, 8, and 9 of the Criminal Code in the kingdom, the place of domicile or of arrest, or of surrender of the accused, determines the competency of the court, and a preventive arrest may be made." ("E si fa luogo a la prevenzione.")

"However, the court of appeal may, on the demand of the public ministry or of the other parties, send the affair before the court or tribunal nearest to the place where the crime or offense has been commited.

ART. 35. "The court or tribanal competent to take cognizance of the crimes mentioned in the preceding article may make use of acts made abroad.

"These acts may, moreover, serve to determine the indemnity due to the injured party in the case of crimes committed abroad which are not punishable in the kingdom." (C. S. 33.)

ART. 36. "Whenever a judge receives notice of an action or a denunciation about a crime committed abroad, which can be adjudicated on in the kingdom, he must give notice of it to the procureur du roi,' who will call upon the 'procureur général' under whom he is placed." (C. S. 34.)

ART. 853. "When in criminal proceedings it is necessary to proceed to the examination of witnesses or to the drawing up of deeds with foreign judicial authorities, or to demand the arrest and extradition of a criminal who may be in a foreign country, the person drawing up the accusation must inform the court (sezione d'accusa') to which he belongs, and the court, where necessary, will make the demand in the customary form, and will forward it through the public ministry, with the necessary documents, to the ministry of grace and justice, in order that it may insure the carrying out thereof.

"The extradition of an accused person may also be demanded directly by the gov ernment of the King."

"When the extradition of an accused person can be obtained from a foreign government, only on sworn testimony, the judge who hears the case may examine on oath the witnesses whose depositions are required; of these depositions a separate volume is to be made, which will serve for the demand of extradition. At the trial, however, these witnesses must again be sworn in the manner laid down by the law." (C. S., 832.) ART. 854. "When in criminal matters it is necessary to draw up acts of accusation at the request of foreign judicial authorities, it shall be done by the court of appeal in the 'sezione d'accusa,' and the judge appointed by it.

"In such case witnesses may, if required, be examined on oath." (C. S., 833)

ART. 855. "No alteration is made in the rules in force for communications between the authorities of the kingdom and those of foreign governments on matters concern

ing criminal jurisprudence, and the special conventions now in force are to be observed." (C. S., 834.)

"In the cases in which, according to the provisions of the criminal code, the tribunals of the state are competent to take cognizance of crimes committed by subjects in foreign countries, when they return home, the act of accusation and the documents necessary to prove and maintain the guilt of the accused may be drawn up; but he cannot be summoned or arrested until he returns into the country."

In the international treaties there are special dispositions respecting the enjoyment of civil rights accorded to the subjects of each contracting state separately; but, if exception is made of the stipulations exempting foreigners from any forced loans which may be raised in the kingdom, it may be said that they have been placed there more to satisfy the contracting powers than because they were necessary, for the provisions of law, as above explained, are framed on the most liberal principles of international law. Such are, both in matters of private and of criminal law, the rules affecting foreigners in Italy.

FLORENCE, December 10, 1868.

AVO. CORSI.

NETHERLANDS.

THE HAGUE, July 10, 1868.

MY LORD: On receipt of your lordship's dispatch of June 16, I lost no time in soliciting of this government full information respecting the disabilities, civil and political, under which aliens resident in the Netherlands labor.

M. Roert Van Limburg in his reply, copy of which I have now the honor to inclose, makes frequent reference to the "code civil" and to the "code de procedure civil' in force in this kingdom. Of these works no translations from the Dutch exist, a want that, however, is the less felt as the whole body of statute law of this country is based on the "Code Napoléon," promulgated in 1810.

Of the recent Dutch legislation on this subject, to which M. Roert Van Limburg calls attention, I have appended translations of those laws and articles the bearing of which, upon the condition of an alien in Holland, is not sufficiently explained in the text of his excellency's dispatch.

In the event of the members of the "naturalization commission" requiring further information on the subject, I would venture to refer them to M. de St. Joseph's "Concordances entre les Codes Civils Etrangers et le Code Napoléon," a work published at Paris in 1856, and furnished with an excellent index, showing at a glance the divergencies of legislation in different countries on any given point.

I have, &c.,

The Lord STANLEY, M. P.

E. A. J. HARRIS.

LA HAYE, le 7 juillet 1868.

MONSIEUR MINISTRE: En réponse à votre office de 20 juin dernier, par lequel vous avez exprimé le désir d'être renseigné au sujet des incapacités (disabilities) dont la loi frappe les étrangers résidant dans les Pays-Bas, j'ai l'honneur de porter à votre connaissance que ces incapacités sont de deux espèces, et concernent, les unes l'exercice des droits politiques, les autres la jouissance des droits civils.

Quant aux droits politiques, les étrangers n'en ont pas la jouissance. Ils ne peuvent être nommés à des fonctions publiques qu'exceptionnellement conformément aux dispositions de la loi du 4 juin 1858. Ils peuvent même lorsqu'ils résident dans le royaume, sans avoir été assimilés aux Néerlandais en vertu de l'article 8 du code civil, être extradés (voyez l'art. 19 de la loi du 13 août 1849). Enfin la loi du 14 mars 1819 établit une distinction entre les Néerlandais et les étrangers par rapport à la déliverance des lettres de mer. Toutefois l'étranger qui a habité le pays pendant un an, est, aux termes de l'art. III. 2o, assimilé à cet égard aux Néerlandais.

En ce qui concerne l'exercice des droits civils, les étrangers sont, au contraire, assimilés en général aux nationaux. L'art. 9 de la loi, contenant des dispositions générales de législation, déclare le droit civil du royaume applicable aux étrangers comme aux Néerlandais, pour autant que la loi n'établit pas expressément le contraire. Cette restriction s'appliquant aux étrangers en général rend toutefois nécessaire de distinguer entre les exceptions qui s'appliquent à tous les étrangers, par conséquent aussi à ceux résidant dans le royaume, et celles qui ne sont applicables qu'aux étrangers ne résidant pas, ou n'ayant pas de domicile connu dans les Pays-Bas.

A la première catégorie de ces exceptions appartiennent celles d'après lesquelles un

étranger n'est admis à succéder soit par le testament soit ab intestat, ni à acquérir par voie de donation que pour autant que les mêmes avantages sont assurés aux Néerlan dais par la législation du pays de cet étranger (articles 884, 957, du code civil), et en outre celles résultant de l'art. 152 du code de procédure civile, d'après lequel tous étrangers, demandeurs principaux ou intervenants, sont tenue, si le défendeur le requiert, avant toute exception, de fournir caution de payer les frais et dommagesintérêts auquels ils pourraient être condamnés, et de l'art. 155 du même code, lequel exclut du bénéfice du prodéo les étrangers indigents, à moins qu'une convention spéciale ne leur assure ce bénéfice.

Les exceptions de la seconde catégorie résultent des art. 127 (relatif aux citations,) 585 10° (relatif à la contrainte par corps) 710 1o (qui exclut les étrangers du bénéfice de la cession de biens), et 768 à 770 (relatifs à l'emprisonnement pour dettes et à la saisie des biens), du code de procédure civile. Aucune de ces dernières exceptions ne s'applique toutefois aux étrangers assimilés aux Néerlandais conformément à l'art. * du code civile, à l'égard desquels la règle posée par l'art. 9 précité de la loi contenant des dispositions générales de législation est en tous points applicable en ce qui concerne l'exercice des droits civils.

Espérant, monsieur le ministre, que les renseignements qui précèdent pourront suffire au but qu'à en vue votre gouvernement, je saisis cette occasion pour vous renouveler l'assurance de ma haute considération.

Vice-Admiral HARRIS, &c., &'c., &c.

ROEST VAN LIMBURG.

[Translation.]

Law of June 4, 1858.

We, William III, &c., having considered article 6 of the constitution, and consulted our council of state, and deeming it desirable to determine the eligibility of aliens to government employ, whether civil or military, have decreed as follows:

ARTICLE 1.

Aliens are eligible for government employ as

a. Consul-general, consul, or consular agent.

b. Chancelier or servant in missions, consulates-general, and consulates.

c. Chief, subordinate, teacher, or official in the government establishments for education, arts, and sciences.

d. Official in the telegraph department.

e. Official connected with steam-machinery.

f. Employé in mines.

g. Director and commissary of government entrepôts.

h. Controller and inspector of small-arms.

i. Die-sinker at the mint and government offices.

k. Engraver for any government department.

ARTICLE 2.

Aliens who have served or are serving in the army or the navy, may, if furnished with an honorable discharge, after twelve years' actual service, be appointed clerk. skipper, or gauger, in the revenue department; watcher, porter, or boom-closer in fortresses; toll-keeper, sluice-keeper, employé in military hospitals; and in the clothing, camp, equipment, commissariat, or military baking departments.

ARTICLE 3.

Aliens in civil government employ at the time of the coming into operation of this law are likewise eligible for appointment to any office mentioned in article 2.

ARTICLE 4.

Aliens appointed previous to this law's taking effect to any office or employ other than those mentioned in article 1, may retain such office or employ, but may not receive advancement in the public service unless naturalized according to law. Given at the Loo, June 4, 1858.

(Signed)

(Countersigned)

WILLIAM.

J. K. VAN GOLDSTEIN

[Translation.]

Article 19 of the law of August 13, 1849.

The enactments of this law are not applicable to aliens who, under article 8 of the "Code Civil," are assimilated to Netherlands subjects; and, with reference to this law, those aliens are considered admitted to Netherlands citizenship who are domiciled within the kingdom and married to Netherlands women, or who, having been married to Netherlands women, have by them had issue born within the Netherlands.

[Translation.]

Extracts from code of civil procedure.

No. 127. An alien may, even when not domiciled in the Netherlands, be cited before a Netherlands tribunal for crimes committed by him against a Netherlands subject either within or without the limits of the kingdom.

No.585.-10th. Aliens not domiciled within the Netherlands are liable to imprisonment for debt for any debt contracted with a Netherlands subject.

No. 710.-1st. Aliens not domiciled within the Netherlands are excluded from participating in the advantages of cession of property.

No. 768. Aliens not domiciled within the Netherlands may, without sentence in a court of justice, be seized for debts due to a Netherlands subject on an order of the justices of the arrondissement.

No. 769, Bail (on good securities for both debt and costs) may be accepted.

No. 770. Aliens, non-domiciled, are liable to seizure for debt, if payment of a debt on application is not made in eight days.

[Translation.]

Article 8 of the civil code.

Aliens are assimilated to Netherlands subjects in the two following cases:

1st. When, in virtue of permission from the King, they have established their domicile in the kingdom, and made the communal administration acquainted with such permission.

2d. When, after having established their domicile in a commune of the kingdom, and retained it in the same commune for six years, they shall have announced to the communal administration their intention to establish themselves in the kingdom.

PORTUGAL.

LISBON, August 22, 1868.

MY LORD: In reply to your lordship's dispatch of the 16th of June, I have the honor to inclose copy and translation of a note dated the 8th instant, and of its inclosure, addressed to me by the minister of foreign affairs, in answer to my application to him for information as to the disabilities of aliens in this country.

In the inclosure above referred to, your lordship will find a statement of the rights, as well as of the disabilities, of aliens in Portugal.

I have, &c.,

The Right Honorable Lord STANLEY,

Sc., &c., &c.

CH. A. MURRAY.

FOREIGN DEPARTMENT, LISBON, August 8, 1868. MOST ILLUSTRIOUS AND EXCELLENT SIR: In addition to the note which my predecessor addressed to your excellency on the 16th of July last, I have the honor to forward to your excellency the inclosed copy of the report made by the councillor and assistant attorney-general to the Crown attached to the department of the interior, wherein the rights and powers to which foreigners are entitled in Portugal are summarily stated.

Having thus complied with the wish expressed by your excellency in your note dated the 24th of June last,

I am, &c.,

CARLOS BENTO DA SILVA.

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