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their respective provinces, of bishops to their sees, and of deans to their deaneries, as well in England as in Ireland, had been settled and established by law, it was enacted, that if any person after the commencement of that Act, other than the person thereunto authorized by law, should assume or use the name, style or title of archbishop of any province, bishop of any bishoprie, or dean of any deanery, in England or Ireland, he should for every such offence forfeit and pay the sum of 100/.: and whereas it may be doubted whether the recited enactment extends to the assumption of the title of archbishop or bishop of a pretended province or diocese, or archbishop or bishop of a city, place or territory, or dean of any pretended deanery in England or Ireland, not being the see, province or diocese of any archbishop or bishop or deanery of any dean recognised by law; but the attempt to establish, under colour of authority from the See of Rome or otherwise, such pretended sees, provinces, dioceses or deaneries, is illegal and void: and whereas it is expedient to prohibit the assumption of such titles in respect of any places within the United Kingdom : Be it therefore declared and 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, that—
I. All such briefs, rescripts or letters apostolical, and all and every the jurisdiction, authority, pre-eminence or title conferred or pretended to be conferred thereby, are and shall be and be deemed unlawful and void.
II. And be it enacted, that if, after the passing of this Act, any person shall obtain or cause to be procured from the bishop or see of Rome, or shall publish or put in use within any part of the United Kingdom, any such bull, brief, rescript or letters apostolical, or any other instrument or writing, for the purpose of constituting such archbishops or bishops of such pretended provinces, sees or dioceses within the United Kingdom, or if any person, other than a person thereunto authorized by law in respect of an archbishoprie, bishopric or deanery of the United Church of England and Ireland, assume or use the name, style or title of archbishop, bishop or dean of any city, town or place, or of any territory or district (under any designation or description whatsoever), in the United Kingdom, whether such city, town or place, or such territory or district, be or be not the see or the province, or co extensive with the province, of any archbishop, or the see or the diocese, or co-extensive with the diocese, of any bishop, or the seat or place of the church of any dean, or co-extensive with any deanery of the said United Church, the person so offending shall for every such offence forfeit and pay the sum of 100*., to be recovered as penalties imposed by the recited Act may be recovered under the provisions thereof, or by action of debt at the suit of any person in one of Her Majesty's superior courts of law, with the consent of Her Majesty's Attorney-General in England and Ireland, or Her Majesty's Advocate in Scotland, as the case may be.
III. This Act shall not extend or apply to the assumption or use by any bishop of the Protestant Episcopal Church in Scotland exercising episcopal functions within some district or place in Scotland of any name, style or title in respect of such district or place; but nothing herein contained shall be taken to give any right to any such bishop to assume or use any name, style, or title which he is not now by law entitled to assume or use.
IV. Be it enacted, that nothing herein contained shall be construed to annul, repeal or in any manner affect any provision contained in an Act passed in the eighth year of the reign of Her present Majesty, intituled "An Act for the more effectual Application of Charitable Donations and Bequests in Ireland."
TREATY of COMMERCE and NAVIGATION between HER MAJESTY and the KING OF SARDINIA.
(Signed at London, February 27, 1851. — Ratifications exchanged at London, Aprils, 1851.)
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Sardinia, being desirous of giving to the commercial relations between the countries which Providence has placed uuder their care, the utmost possible development; and being persuaded that this desirable object can be obtained only by removing every impediment to commerce and navigation; they have resolved reciprocally to secure to their respective subjects, by means of a Treaty, the full extent and consequence of the benefits resulting from the two legislative Acts respectively passed in England on the 26th of June, 1849, for the amendment of the Navigation Laws, and in the Sardinian States on the 6th of July,
1850, for the abolition of differential duties. For this purpose they have named as their Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable Henry John Viscount Palmerston, Baron Temple, a Peer of Ireland, a Member of Her Britannic Majesty's Most Honourable Privy Council, a Member of Parliament, Knight Grand Cross of the Most Honourable Order of the Bath, and Her Britannic Majesty's Principal Secretary of State for Foreign Affairs; and the Right Honourable Henry Labouchere, a Member of Her Britannic Majesty's Most Honourable Privy Council, a Member of Parliament, and President of the Committee of Privy Council for Affairs of Trade and Foreign Plantations;
And His Majesty the King of Sardinia, the Sieur Victor Emmanuel Taparelli, Marquis d'Azeglio, Commander of His Religious and Military Order of Saint Maurice and Saint Lazarus, Commander of the Legion of Honour, Officer of the Order of Leopold of Belgium, His Envoy Extraordinary and Minister Plenipotentiary to Her Britannic Majesty;
Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon the following Articles:
Art. I. There shall be reciprocal liberty of commerce between all the dominions of the two high contracting parties; and the subjects of each of them shall, throughout the whole extent of the territories of the other, enjoy the same rights, privileges, liberties, favours, immunities, and exemptions, in matters of commerce, which are or may be enjoyed by native subjects.
Art. II. All merchandise and articles of commerce, the produce or manufacture either of the Kingdom of Sardinia or of any other country, which are or may be legally importable into the ports of the United Kingdom of Great Britain and Ireland, its colonies and possessions, in British vessels, may likewise be imported into those ports in Sardinian vessels, without being liable to any other or higher duties, of whatever denomination, than if such merchandise or productions were imported in British vessels; and reciprocally, all merchandise and articles of commerce, the produce or manufacture either of the United Kingdom of Great Britain and Ireland, its colonies
and possessions, or of any other country, which are or may be legally importable into the Kingdom of Sardinia in Sardinian vessels, may likewise be imported into those ports in British vessels, without being liable to any other or higher duties, of whatever denomination, than if such merchandise or productions were imported in Sardinian vessels.
The said reciprocal equality of treatment shall take effect without distinction, whether such merchandise come directly from the place of origin, or from any other place.
Art. III. The same reciprocal equality of treatment shall take effect in regard to all that concerns exportation and transit, without distinction as to origin or destination; and also in regard to bounties, facilities and drawbacks, which are or may hereafter be granted by the legislation of the two countries.
Art. IV. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland engages that the commerce of Sardinian subjects in the dominions of Her Britannic Majesty shall not suffer any interruption, nor be in any manner affected by any monopoly, contract or exclusive privilege of sale or purchase, so that Sardinian subjects shall have full and entire liberty to sell and buy wherever they may think fit, and in any manner which may be deemed convenient by the seller or buyer, and without being subject to any prejudice in consequence of any such monopoly, contract or exclusive privilege of sale or purchase: and His Majesty the King of Sardinia engages that a like freedom from restraint in regard to sale and purchase shall be enjoyed by British subjects in the Sardinian dominions; the existing Crown monopolies of tobacco, salt, gunpowder, ball and shot, and playing cards, being excepted.
Art. V. No duties of tonnage, harbour, lighthouse, pilotage, quarantine or other similar or corresponding duties, of whatever nature or under whatever denomination, levied in the name or for the profit of the Government, public functionaries, communes, corporations or establishments of whatever kind, shall be imposed in the ports of either country upon the vessels of the other country, from whatever port or place arriving, which shall not be equally imposed in the like cases on national vessels; and in neither country shall any duty, charge, restriction or prohibition be imposed upon, nor any drawback, bounty or allowance be withheld from, any goods imported into or exported from such country in vessels of the other, which shall not be equally imposed upon or withheld from such goods, when so imported or exported in national vessels.
Art. VI. All vessels which according to the laws of Great Britain are to be deemed British vessels, and all vessels which according to the laws of the Kingdom of Sardinia are to be deemed Sardinian vessels, shall, for the purposes of this Treaty, be deemed British vessels and Sardinian vessels respectively.
Art. VII. In all that regards the stationing, the loading and unloading of vessels in the ports, basins, docks, roadsteads, harbours or rivers of the two countries, no privilege shall be granted to national vessels, which shall not be equally granted to vessels of the other country; the intention of the contracting parties being
that in this respect also the respective vessels shall be treated on the footing of perfect reciprocity.
Art. VIII. The vessels of each of the two countries shall be at liberty either to discharge the whole of their cargo at one of the ports of the dominions of the other contracting party, or to discharge part of their cargo at one port, and then to proceed with the remainder to other ports of the said dominions, according as the captain, proprietor, or other person duly authorized to act in the port as agent for the vessel and cargo, shall consider advisable.
Art. IX. It is expressly understood that the preceding Articles do not apply to the coasting trade, which each contracting party reserves to itself, and shall regulate according to its own laws.
Art. X. If any vessel of war or merchant vessel of either of the two countries should be wrecked upon the coasts of the other, such vessel, or any parts thereof, and all furniture and appurtenances belonging thereunto, as well as all goods and merchandise which shall be saved therefrom, or the proceeds thereof, if sold, shall be faithfully restored to the proprietors or to their agents, on being claimed by them. In case there should be no such proprietors or agents upon the spot, the said articles and goods, or the proceeds thereof, as well as all the papers found on board of any such vessel, shall be delivered to'the British or Sardinian Consul in whose district the wreck shall have taken place; and such Consul, proprietors or agents, shall not be called upon to pay any charge but the expenses incurred in the preservation of the property, and the rate of salvage which would be equally payable in the like case of a wreck of a national vessel. The goods and merchandise saved from the wreck shall not be subject to the established duties, unless cleared for consumption.
Art. XI. In all that relates to duties of customs and of navigation, the two high contracting parties engage that any privilege, favour or immunity which either of them may grant to any other power, shall be also and at the same time extended to their respective subjects, gratuitously, if the concession in favour of that other State shall have been gratuitous, or on giving a compensation as nearly as possible of equal value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.
It is, however, expressly agreed, that the reductions in the duties of customs which have been conceded by Sardinia to Belgium by the Treaty concluded with that power at Turin on the 24th of January, 1851, and which are specified in the Table annexed to the present Treaty, shall, from and after the 1st of June, 1851, be extended to Great Britain, in compensation for the advantages granted to Sardinia by the present Treaty.
Art. XII. Each of the high contracting parties shall have the right to name Consuls for the protection of trade, to reside within the dominions and territories of the other party; and the consuls who may be so appointed shall enjoy, within the territories of each party, all the privileges, exemptions, and immunities which are or may be granted in those territories to agents of the same rank and character appointed by
or authorized to act for the Government of the most favoured nation.
Before any consul can act as such, he must, however, in the usual form be approved and admitted by the Government of the country to which he is sent; and each of the two high contracting parties shall have the right to except from the residence of consuls, any particular places which either of them may judge proper to be excepted.
Art. XI IT. The subjects of each of the high contracting parties may freely dispose by will, donation or otherwise, of all the property which they may legally acquire and possess in the territories of the other; and their lawful representatives, although subjects of the other contracting party, may succeed to such property either by will or ab intestato, and may, in due course of law, take possession of the same, either in person, or by persons acting on their behalf: and they may dispose of the same at their pleasure, paying only such imposts, taxes or duties, as the inhabitants of the country in which such property is situated, are liable to pay in similar cases.
In case of the absence of representatives, the same rule shall be observed as is prescribed in the like case, with regard to the property of natives of the country, until the owner shall have made the necessary arrangements for taking possession of the property.
If any dispute should arise between different claimants with respect to the right which they may have to the property, such disputes shall be decided by the judges according to the laws of the country in which the property