'sulibus, in citeriore Hispania fuerat, recuperatores sumserunt. "Bis ampliatus, tertio absolutus est reus. ... Ad recuperatores "adducti a citerioribus populis P. Furius Philus, ab ulterioribus "M. Matienus. Ille, Sp. Postumio, Q. Mucio consulibus, triennio แ ante, hic biennio prius, L. Postumio, M. Popillio consulibus, 'prætor fuerat. Gravissimis criminibus accusati ambo ampliatique: quum dicenda de integro caussa esset, excusati exsilii caussa "solum vertisse" (q). 66 While the Recuperatio existed in its primitive state, it presented a perfect picture of international arbitration upon the claims of individuals the subjects of different States, that is, upon questions of Private International Law. The better opinion seems to be, that it took no cognizance directly of questions of Public International Law, which belonged to the province of the Feciales. The reader is referred to the following works for fuller information on this subject: 1. Alexandri ab Alexandro Geniales Dies, vol. ii. l. v. c. 3, "Quonam modo per Feciales inirentur fœdera, aut bella indicerentur, "et quid ab exteris servatum est," ed. Lugd. Bat. 1673. 2. Sell, Die Recuperatio der Römer, ed. Braunschweig, 1837 (r). APPENDIX III. PAGE 45. (Extract from the Speech of Lord Grenville upon the Motion for an Address to the Crown approving of the Convention with Russia in 1801, as to the effect of embodying a Principle of General Law in a Treaty.) 6 "BUT, among the numerous instances in which such a revisal of the present Treaty appears to be essential to the public interests, there "is none of such extensive importance as that to which I must next "entreat the particular attention of the House. "On comparing together the different sections of the third article "of this convention, one great distinction between them cannot fail to “be remarked, even by the most superficial observer. The two first "sections and the fifth, those which relate to the coasting and colonial "trade, and to the proceedings of our maritime tribunals, are in (q) Liv. xliii. 2. Sell, pp. 365-6. (2) "Dass die in Privatsachen richtenden Recuperatores jemals in irgend einer rein öffentlichen Sache entschieden hätten, gleichviel ob die betreffenden Staaten unabhängig, einem Bunde angehörig, oder einem dritten untergeben waren, lässt sich durch keine Zeugnisse der alten belegen; wohl aber sind dergleichen aufzufinden, aus deren das Gegentheil hervorgeht."-Sell, p. 57. See, too, p. 84. "their frame and operation manifestly prospective. They provide แ only for the future arrangement of the objects which they embrace; "and they profess to extend no further than to the reciprocal con"duct of Great Britain and Russia towards each other. "The third and fourth sections, on the contrary, those which "treat of contraband of war and of blockaded ports, do each of them "expressly contain, not the concession of any special privilege "henceforth to be enjoyed by the contracting parties only, but the "recognition of a universal and pre-existing right, which, as such, "cannot justly be refused to any other independent State. "This third section, which relates to contraband of war, is in all "its parts strictly declaratory. It is introduced by a separate "preamble, announcing that its object is to prevent all ambiguity or misunderstanding as to what ought to be considered as contra"hand of war.' Conformably with this intention, the contracting parties declare "in the body of the clause what are the only commodities which "they acknowledge as such.' And this declaration is followed by a special reserve, that it shall not prejudice their particular "Treaties with other Powers.' "If the parties had intended to treat of this question only as it "related to their own conduct towards each other, and to leave it "in that respect on the same footing on which it stood before the "formation of the hostile league of 1809, all mention of contraband "in this part of the present convention would evidently have been "superfluous; nothing more could in that case be necessary than "simply to renew the former treaties, which had specified what "articles of commerce the subjects of the respective Powers might carry to the enemies of each other; and, as we find that renewal 66 expressly stipulated in another article of this same convention, we "must, in common justice to its authors, consider this third section as introduced for some distinct and separate purpose. It must, "therefore, unquestionably be understood in that larger sense which "is announced in its preamble, and which is expressed in the words "of the declaration which it contains. It must be taken as laying "down a general rule for all our future discussions with any Power "whatever, on the subject of military or naval stores, and as esta"blishing a principle of law which is to decide universally on the "just interpretation of this technical term of contraband of war. "Nor, indeed, does it less plainly appear from the conclusion, "than it does from the preamble, and from the body of this section, "that it is meant to bear the general and comprehensive sense "which I have here stated. The reservation which is there made "of our special treaties with other Powers is manifestly inconsistent "with any other more limited construction. "For if the article had really no other object in its view, than "to renew or to prolong our former engagements with the Northern "Crowns, what imaginable purpose can be answered by this con 66 66 "cluding sentence? Was it necessary to declare that a stipulation extending only to Russia, to Denmark, and to Sweden, should "not prejudice our treaties with other Powers? How should it "possibly have any such effect? How can our treaties with Portugal or with America be affected by the renewal of those engagements which had long ago declared what articles might "be carried in Russian and Danish ships? But the case would "indeed be widely different under the more enlarged construction "which evidently belongs to this stipulation. The reserve was not "only prudent, but necessary, when we undertook to lay down a "universal principle, applying alike to our transactions with every "independent State. In recognising a claim of pre-existing right, "and in establishing a new interpretation of the law of nations, it was unquestionably of extreme importance expressly to reserve "the more favourable practice which our subsisting treaties had "established with some other Powers. 66 "And that which was before incongruous and useless would "therefore, under such circumstances, become, as far as it extends, "an act of wise and commendable forethought. "On the whole, therefore, I have no doubt that neutral nations "will be well warranted in construing this section as declaratory "of a universal principle, and applicable to every case where con"traband of war is not defined by special treaty. Nor could we "in my opinion, as this treaty now stands, contend in future wars "with any shadow of reason, much less with any hope of success, "against this interpretation, however destructive it must be of all "our dearest interests. Least of all can we resist it, when we are "reminded, that in a succeeding article of this very convention we "have bound ourselves, by the most distinct engagement, to regard "all its principles and stipulations as permanent, and to observe "them as our constant rule in matters of commerce and navigation; "expressions exactly corresponding with those by which the parties "to the two neutral leagues asserted both the permanence and the "universality of the principles which were first asserted by those "confederacies, and which the present convention so frequently re"cognises and adopts. "It is, therefore, highly necessary that your Lordships should "carefully examine what is this general interpretation which the "contracting parties have thus solemnly declared; what sense it is "that they have thus permanently affixed to a term so frequently "recurring in the practice and law of every civilised nation, and so "intimately connected with the exercise of our naval rights as that "of contraband of war." TOTHECT 66 APPENDIX IV. PAGE 353. PRESCRIPTION. Extract from the Commentaries of Donellus (lib. iv. c. iv. p. 334.) De usucapionibus longi temporis præscriptionibus, &c.) "POSTREMO etiam privata traditione res alienæ invitis dominis ad nos transeunt jure civili, si usus et justa possessio diuturnior ac"cesserit. Sic enim res quæruntur jure civili per usum et posses"sionem. Hanc acquisitionem nunc referimus inter eos modos 'quibus invito domino acquisitio contingit: et recte. Nam et res "ita habet, ut quamvis dominus nolit rem suam usucapi ab eo, qui eam bona fide possidet, tamen per statutum tempus possessa, pos"sessori acquiratur, ut postea dicetur. Juris quidem interpretatione usucapio alienationis species habetur; quasi existimetur alienare, qui patitur usucapi (l. alienationis. D. de verb. significat.). Qua "ratione et inter genera alienationis usucapio recenseri solet in "ratione dominii amittendi, de quo suo loco, sed ductum hoc est ex "eo, quod videtur, et quod ut plurimum accidit: quando quidem "existimatur unusquisque scire res suas, et a quo possideantur, et cum sciet, posse interrumpere usucapionem rem suam repetendo. "Verum hoc non semper ita fit. Quid enim, si heres ignoret res "aliquas hereditarias, quæ ab alio possidentur? Quid si sciat "dominus rem suam ab aliquo possideri, sed non audeat cum eo " contendere judicio, quia ejus potentiam metuat? Quid, si ideo "non interpellet possessorem, quia in jure errans putet nihilominus "sibi jus suum semper salvum manere? In quibus omnibus nemo "dicet, si res usucapitur aliter quam invito domino, possessori "acquiri. Constat tamen acquiri. Hoc ergo sentio, etsi ita res "possideatur invito domino, tamen si possideatur per legitimum tempus, impleri usucapionem proinde et acquisitionem invito "domino: quæ ideo ad hunc locum pertinet" (s). แ APPENDIX V. PAGE 451. 33 Vict. c. 14-An Act to amend the Law relating to the legal condition of Aliens and British Subjects. [12th May, 1870.] (t) "WHEREAS it is expedient to amend the law relating to the legal "condition of aliens and British subjects: (s) Hugonis Donelli Comment. de Jure Civili (Franco. 1589), lib. iv. c. iv. p. 334. (t) See also the Naturalization Oath Act, 1870, 33 & 34 Vict. c. 102. Short title. Capacity as to pro perty. "Be it enacted by the Queen's most Excellent Majesty, by and "with the advice and consent of the Lords Spiritual and Temporal, "and Commons, in this present Parliament assembled, and by the "authority of the same, as follows: 6 "1. This Act may be cited for all purposes as The Naturalization "Act, 1870.' "Status of Aliens in the United Kingdom. "2. Real and personal property of every description may be taken, of an alien " acquired, held, and disposed of by an alien in the same manner in "all respects as by a natural-born British subject; and a title to "real and personal property of every description may be derived through, from, or in succession to an alien, in the same manner in "all respects as through, from, or in succession to a natural-born "British subject: Provided, Power of natural ized aliens to divest of their status in certain "(1.) That this section shall not confer any right on an alien to "hold real property situate out of the United Kingdom, "and shall not qualify an alien for any office or for any "municipal, parliamentary, or other franchise. "(2.) That this section shall not entitle an alien to any right or "privilege as a British subject, except such rights and "privileges in respect of property as are hereby expressly 'given to him: 66 "(3.) That this section shall not affect any estate or interest in 66 "3. Where her Majesty has entered into a convention with any foreign State to the effect that the subjects or citizens of that "State who have been naturalised as British subjects may divest "themselves of their status as such subjects, it shall be lawful for themselves her Majesty, by Order in Council, to declare that such convention "has been entered into by her Majesty; and from and after the "date of such Order in Council, any person being originally a sub "ject or citizen of the State referred to in such Order, who has been "naturalized as a British subject, may, within such limit of time as "may be provided in the convention, make a declaration of alienage, "and from and after the date of his so making such declaration "such person shall be regarded as an alien, and as a subject of the "State to which he originally belonged as aforesaid. cases. "A declaration of alienage may be made as follows; that is to say, If the declarant be in the United Kingdom in the presence "of any justice of the peace; if elsewhere in her Majesty's dominions "in the presence of any judge of any court of civil or criminal juris |