subject; no exception is made to this rule other than in the case of wholesale merchants, artists, and a few others.

Sweden.-An Alien can trade on reporting himself to the Burgomaster, and on obtaining his permission.

Spain and Portugal.-No foreigner can trade except in conformity with the special clauses in the Treaties between the several countries. France. Very great facilities are given to Aliens, and any one can establish himself in trade there.

America. Any one can trade. Aliens cannot acquire a title to real property by descent. They can purchase land, but it becomes vested in the State at their death.

Lubeck. They cannot trade without an authority being given by the Tribunal of the judicial Police.

Malta. There is no difference between natives and foreigners; both are under the law of the Government.

AMBASSADORS, or accredited Envoys from one country to another, are referred to in very early ages. In every country, the person of the Ambassador, as being the representative of his Sovereign in the state he is sent to, is inviolable and sacred. He is considered as a man resident in the country he is sent from, so far as concerns the law and Government, and, as such, all complaints against him must be represented in the same manner as if he were not resident in the State he is sent to. "Legatus non est civis noster, non incola, non venit, ut ad nos domicilium, hoc est, rerum ac fortunarum suarum sedem, transferat, peregrinus est, qui apud nos moratur ut agat rem Principis sui."* Consequently Ambassadors cannot be cited before any tribunal in the State, and cannot be arrested. Indeed, a demonstration of this occurs in the case of the Portuguese representative in 1653, and that of the Russian, in 1709, when the offenders were severely punished, and the statute of 7 Anne, cap. 12, was passed in consequence, the preamble of which is as follows: That whereas turbulent and disorderly persons having, in a most outrageous manner, insulted the person of His Excellency Andrew Artemonowitz Matueof, Ambassador Extraordinary of his Czarish Majesty, the Emperor of All the Russias, by arresting him, and taking him by violence out of his coach in the public street, and detaining him in custody for several hours in contempt of the protection granted by Her Majesty, and contrary to the law of nations, and in prejudice of the rights and privileges which Ambassadors and other public Ministers, authorized and received as such, have at all times been thereby possessed of, and ought to be

Bynkershoek, "De foro legatorum,” cap. viii.

kept sacred and inviolable: Be it therefore enacted, etc., that all suits against the said Ambassador shall be deemed null and void, as well as all entries, processes, etc., against him. And to prevent like insolence in future, all processes, writs, etc., whereby the person of the Ambassador or public Minister of any foreign State, or his domestic or domestic servant could be arrested, shall be null and void. Any person or persons arresting them shall be punished as the Justices think fit.

The exceptions to this Act shall be merchants or traders, amenable to the Bankruptcy Laws, putting themselves in the service of the Ambassador. Servants, etc., of Ambassadors, not privileged and registered in the Secretary of State's office, shall be also exempt from the protection of this Act.

In 1790, two men were convicted for arresting a servant of an Ambassador. They were sentenced to be conducted to the house of the Ambassador, with a label on their breasts, to ask his pardon; one was imprisoned three months, and the other fined heavily. This in those times was a very severe punishment; and, without doubt, we may draw the inference from this, as well as from the writings of many celebrated authors on the subject, that the chattels, goods, and suite of an Ambassador, enjoy the same immunities as himself.

ATTESTATION.-Consuls attesting and legalising documents under their hand and seal of office, such become legal evidence in a court of law.

AVERAGE of which there are two kinds, general and particularas applied to maritime affairs, signifies a contribution towards losses and expenses which have been incurred, for the advantage of those interested; or (as Steel says) some contribution to be made by the assurers for partial loss or damage sustained by the property insured. Average, therefore, is divided into two separate heads-General and Particular.

GENERAL AVERAGE is a claim where contribution is demanded from the insurers or proprietors of goods shipped on board a vessel, where other property, or part of the ship, has been sacrificed for the general good, and for the safety of the other merchandize. Nothing can be more just and honourable than this; as, where another man's goods have been sacrificed for the benefit of the other merchandize on board the same vessel, it is quite reasonable that he cannot be expected to bear a loss for a benefit arising to another. This has been always confirmed by every insurer, and, indeed, such an acknowledgment is a mutual advantage to them. In fact, even during pursuit by an enemy, if things are thrown overboard to lighten the vessel, and she escapes,

the shippers of the goods remaining on board are naturally called upon to pay their contribution for the just benefit of the party to whom the goods destroyed belonged.

It is generally understood, and confirmed by numerous writers, that the loss must be incurred wilfully, by design; as the washing overboard accidentally cannot be attributed to any design to save the goods of other shippers, but must be laid down to the will of God. Steel and Abbot agree that it must be done also during the time of distress, not merely because the ship is too heavily laden during a quiet sea; as this would be the fault of the captain or owners of the vessel, with which the shippers of the goods have nothing whatever to do. It is, of course, understood that the act must succeed in saving. Lord Tenterden sums up in a few words what it ought to comprehend. He says: "The act must be the effect of danger, and the cause of safety." Again, when the ship has been damaged for the safety of the cargo, such as throwing overboard spars, boats, etc.; and she is compelled in consequence, and in order to convey the goods safely to their destination, to put into a port and repair, the amount of such repairs is calculated in general average, and is justly an amount which the owners of the merchandize ought to contribute to make good. Again, if a vessel be voluntarily stranded for the purpose of escaping a total loss of the cargo, this may become a subject of general average. (Steel says) that goods stowed on deck are not the subject of average, because they ought not to be there, and they not only increase the danger of the other merchandize, but are placed in a more perilous position, and cannot, therefore, if they are lost, become subjects for general average. The contribution made, and very just, in general average, is from every kind of merchandize on board, except the effects (that is, wearing apparel and jewellery) of passengers. Why these should have remained exempted has always seemed to us incomprehensible, and we can only suppose that, as they pay no freight, they are not considered as the general merchandize of the vessel. The ship and freight, however, contribute, as also the amounts of the vessel's earnings in freight, etc. The wages of the crew, however, the ammunition and victuals of the ship, do not contribute, as one is the private fund for the working of the ship in danger, and the latter is the maintenance of such working. In foreign countries, things are made the subject of general average which are excluded here; and it is, therefore, necessary, in writing policies of insurance, to add, "general average according to the foreign statement." We do not think any further explanation is necessary on this head, with the exception of a Formula, which we subjoin, showing how general average is made up.

STATEMENT of GENERAL AVERAGE of the Renown, JAMES SMITHERS Master, from Yarmouth to London, in consequence of getting aground near Harwich, etc. (Steel's Shipmaster's Assistant.)

PARTICULAR AVERAGE is a partial loss, against which the insurance is specially made. It may consist in one against the ship, the freight, or the cargo. "In respect to the ship," Steel says, "it may consist in the loss of boats, if properly lashed up, the breaking of a cable and

loss of anchor, and damage by running ashore to avoid a greater peril from storms or heavy seas, from the attack of an enemy, or from endeavours to escape capture. Again, when a vessel runs foul of another, if neither is particularly to blame, each owner must bear his own loss, which is recoverable from the underwriters. The amount of damage must be thirty shillings upon the whole value, to render the underwriters liable for the loss; unless it may arise from the stranding of the vessel. The claim of freight, as it is generally specially mentioned in the policy, is necessarily left open, as the interest may appear. In the event of the goods being lost, and the freight irrecoverable, the underwriters have to make it good, or to bear their proportion when the freight has been insured."

BARRATRY is generally understood to be a fraudulent act of the master or mariners, committed to the prejudice of the owners of the ships. Abbot says, "To our definition of barratry, it is not essential that the act should be done by the master for his own benefit, or with the intent of injuring his owners." Thus, if he sail out of port without paying port duties, whereby the goods are forfeited, lost, or spoiled; or if he cruise in quest of prizes without proper authority, and contrary to the orders of his owners; or if he disregard an embargo, or attempt a breach of blockade, or be concerned in smuggling, or connive at smuggling by his mariners; or wilfully delay, or deviate, or run away with the ship, and sell her, or part of her cargo, he is guilty of barratry: and where a master has general instructions to make the best purchases with despatch, it was considered that such instructions must mean legal purchases and legal despatch, and that going into an enemy's settlement to trade, although his cargo could be more speedily and cheaply completed there (the ship being seized and confiscated on account of it), was barratry. Nor was it thought to make any difference that he intended thereby to promote his owners' interests. It is not for him to judge in cases not entrusted to his discretion, or to suppose that he is not breaking the trust reposed in him, but acting meritoriously when he endeavours to advance the interests of his owners by means which the law forbids, and which his owners must be taken to have forbidden; not only from what ought to be, and therefore must be presumed to have been, their own sense of public duty, but also from a consideration of the risk and loss likely to follow from the use of such means. But an error in judgment in matters entrusted to his discretion, and not contrary to law, admits of a different consideration; and accordingly, when in an action on a policy of insurance, the loss being alleged by barratry of the master, it appeared that his ship having sprung a leak, he took her into port, and before any survey made, broke up her ceiling and bows with bows, thereby injur