The Sun.
London, England, 1863-11-04 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, NOVEMBER 4, 1863.

Treaty of Commerce with Italy,

(From the London Gazette)
The following is the Treaty of Commerce and
Navigation between her Majesty and the King of
Italy, which was signed at Turin on the 6th of
August, 1863, and the ratifications of which were
exchanged at London on the 29th October, 1863:
In the name of the Most Holy and Indivisible Trinity.
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, and his Majesty the King of Italy,
being desirous of extending and facilitating the relations of
commerce between their respective dominions and subjects,
have resolved to conclude a treaty for that purpose, and
have named as their respective plenipotentiaries, that is to
say :
Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, &c., Sir James Hudson, Knight Com-
mander of the Most Honourable Order of the Bath, her
Majesty's Envoy Extraordinary and Minister Plenipoten-
tiary to his Majesty the King of Italy;
And his Majesty the King of Italy, Giovanni Manna,
Senator of the Kingdom, Grand Officer of the Order of
Saints Maurice and Lazarus, Minister Secretary of State for
Agriculture, Industry, and Commerce;
Who, after having communicated to each other their re-
spective full powers, found in good and due form, have
agreed upon and concluded the following articles :
Art. I—There shall be between ail the dominions and
possessions of the two high contracting parties, reciprocal
freedom of commerce and navigation. The subjects of each
of the two contracting parties, respectively, shall have
liberty freely and securely to come, with their ships and
cargoes to all places, ports, and rivers in the dominions and
possessions of the other to which other foreigners are or
may be permitted to come, and shall, throughout the whole
extent of the dominions and possessions of the other, enjoy
the same rights, privileges, liberties, favours, immunities,
and exemptions in matters of commerce and navigation
which aro or may be enjoyed by native subjects generally.
Art. 2—No other or higher duties shall be imposed on
the importation into the dominions and possessions of her
Britannic Majesty of any article the produce or manufac-
ture of the dominions and possessions of his Majesty the
King of Italy, from whatever place arriving, and no other
or higher duties shall be imposed on the importation into
the dominions and possessions of his Majesty the King of
Italy of any article the produce or manufacture of her
Britannic Majesty's dominions and possessions, from what-
ever place arriving, than are or may be payable on the like
article, the produce or manufacture of any other foreign
country ; nor shall any prohibition be maintained or im-
posed on the importation of any article the produce or ma-
nufacture of the dominions and possessions of either of the
contracting parties into the dominions and possessions of
the other, which shall not entirely extend to the importa-
tion of the like articles being the produce or manufacture
of any other country.
His Majesty the King of Italy further engages that he
will not prohibit the importation into his dominions and
possessions of any article the produce or manufacture of

the dominions and possessions of her Britannic Majesty,
from whatever place arriving.
Art. 3—No other or higher duties or charges shall be

imposed in the dominions and possessions of either of the
contracting parties, on the exportation of any article to the
dominions and possessions of the other, than such as are or
may be payable on the exportation of the like article to any
other foreign country; nor shall any prohibition be imposed
on the exportation of any article from the dominions and
possessions of either of the two contracting parties to the
dominions and possessions of the other which shall not
equally extend to the exportation of the like article to any
other country.

Art. 4—The subjects of one of the contracting parties
shall enjoy, in the dominions and possessions of the other,
equality of treatment with native subjects in all that relates
to the transit trade, and also in regard to warehousing,
bounties, facilities, and drawbacks.
Art. s—All articles which are or may be legally im-
portable into the port or dominions and possessions of her
Britannic Majesty in British vessels may likewise be im-
ported into those ports in Italian vessels without being liable
to any other or higher duties or charges, of whatever deno-
mination, than if such articles were imported iu British
vessels ; and reciprocally, all articles which are or may be
legally importable into the ports of the dominions and pos-
sessions of his Majesty the King of Italy in Italian vessels
maylikewise be imported into those ports in British vescels
without being liable to any other or higher duties or
charges, of whatever denomination, than if such articles
were imported in Italian vessels. Such reciprocal equality
of treatment shall take effect without distinction, whether
such articles come directly from the place of origin or from
any other place.

In the same manner there shall be perfect equality of
treatment in regard to exportation, so that the same export
duties shall be paid, and the same bounties and drawbacks
allowed, in the dominions and possessions of either of the
contracting parties, on the exportation of any article which
is or may be legally exportable therefrom, whether such ex-
portation shall take place in Italian or British vessels, and
whatever may be the place of destination, whether a port of
either of the contracting parties or of any third power.
Art. 6—No duties of tonnage, harbour, pilotage, light-
house, quarantine, or other similar or corresponding duties,
of whatever nature, or under whatever denomination, levied
in the name or for the profit of Government, public func-
tionaries, private individuals, corporations, or establish-
ments of any kind, shall be imposed in the ports of the
dominions and possessions of either country upon the vessels
of the other country which shall not equally and under th 3
same conditions be imposed in the like cases on national
vessels in general. Such equality of treatment shall apply
reciprocally to the respective vessels, from whatever port or
place they may arrive, and whatever may be their place of
destination.

Art. 7—ln all that regards the stationing, loading, and
unloading of vessels in the ports, basins, docks, roadsteads,
harbours, or rivers of the dominions and possessions of the
two countries, no privilege shall be granted to national ves-
sels 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 vessel shall be
treated on the footing of perfect equality.
Art B—The contracting parties agree that, in regard to
the coasting trade, the vessel and subjects of each contract-
ing party shall enjoy, in the dominions and possessions of
the other, the same privileges, and shall be treated in all
respects in the same wanner as national vessels and native
subjects.

The provisions of this Article shall, however, as re-
spects the colonial coasting trade, be deemed to extend only
to the coasting trade of such of the colonial possessions of
her Britannic Majesty as may have petitioned or may here-
after petition her Majesty, under the provisions of the Act
relating thereto, to throw open their coasting trade to foreign
vessels.

Art. 9—All vessels which, according to British law, are
to be deemed British vessels, and all vessels which according
to Italian law are to be deemed Italian vessels, shall for the
purposes of this treaty be deemed British and Italian vessels
respectively.

Art. 10 —The contracting parties agree that in all matters
relative to commerce and navigation any privilege, favour,
or immunity whatever, which either contracting party has
actually granted, or may hereafter grant, to the subjects or
citizens of any other State, shall be extended immediately
and unconditionally to the subjects or citizens of the other
contracting party, it being their intention that the trade and
navigation of each country shall be placed, in all respects,
by the other on the footing of the most favoured nation.
Art. 11--Any import duty levied ad valorem in the terri-
tories of his Majesty the King of Italy shall be calculated
on the value at the place of production or fabrication of the
object imported, with the addition of the cost of transport,
insurance, and commission necessary for the importation
into Italy, its dominions and possessions, as far as the port
of discharge.

For the levying of these duties the importer shall make a
written declaration at the Custom-house, stating the value
and description of the goods imported, with the addition
aforesaid. If the Custom-house authorities shall be of
opinion that the declared value is insufficient they shall be
at liberty to take the goods on paying to the importer the
price declared with an addition of 5 per cent.
This payment, together with the restitution of any duty
which may have been levied upon such goods, shall be
made 15 days following the declaration.
Art. 12—The subjects of each of the contracting parties
shall have, in the dominions and possessions of the other,
the same rights as native subjects in regard to trade-marks
and designs of every description applicable to articles of
manufacture.

Art. 13—It shall be free for each of the contracting
parties to appoint Consuls-General, Consuls, Vice-Consuls,
and consular agents to reside in the towns and ports of the
dominions and possessions of the other. Such Consuls-
General, Consuls, Vice-Consuls, and consular agents, how-
ever, shall not enter upon their functions until after they
shall have been approved and admitted in the usual form,
by the Government to which they are sent. They shall
exercise whatever functions and enjoy whatever privileges,
exemptions, and immunities are or shall be granted there
to Consuls of the most favoured nation.

Art. 14—The subjects of each of the contracting parties
conforming themselves to the laws of the country-
1, Shall have full liberty, with their families, to enter,
travel, or reside in any part of the dominions and posses-
sions of the other contracting party.
2. They shall be permitted to hire or possess the houses,
manufactories, warehouses, shops, and premises which may
be necessary for them.
3. They may carry on their commerce, either in person
or by any agents whom they may think fit to employ.
4. They shall not be subject, in respect of their pers,:dis
or property, or in respect of passports, licences for r.sidenee
or establishment, nor in respect of their co,:dinerce or in-
dustry, to any taxes, whether general or local, nor to im-
posts or obligations of any kind whatever, other or greater
than those which are or, may be imposed upon native sub-
jects.
Art. 15—Th© subjects of each of the contracting parties
in the dominions and possessions of the other shall be ex-
empted from all compulsorya service whatever,
whether in the army, navy, or national
They shall be equally exempted from all judicial or m guard or miuna.
i-
cipal functions whatever: ad won as from all contributions,

whether pecuniary or in kind, imposed as a compensation
for personal service; and, finally, from forced loans and
military exactions or requisitions.

Art.-16—The subjects of each of the contracting parties
in the dominions and possessions of the other shall be at full
liberty to acquire, pcssess, and dispose of every description
of property which the laws of the country may permit any
foreigners, of whatsoever nation, to acquire and possess.
They may acquire and dispose of the same, whether by
purchase, sale, donation, exchange, marriage, testament,
succession ab intestate, or in any other manner, under the
same conditions as are established by the laws of the coun-
try for all foreigners. Their heirs and representatives may
succeed to, and take possession of, such property, either in
person or by agents acting on their behalf, in the same
manner and in the same legal forms as subjects of the coun-
try. In the absence of heirs and representatives, the pro-
perty shall be treated in the same manner as the like pro-
perty belonging to the subjects of the country under similar
circumstances.

In none of these respects shall they pay upon the value of
such property any other or higher impost, duty, or charge
than is payable by subjects of the country. In every case
the subjects of the contracting parties shall be permitted to
export their property, or the proceeds thereof, if sold, freely
and without being kubjected on such exportation to pay any
duty as foreigners, ur any other or higher duties than those
to which subjects of the country are liable under similar
circumstances.

Art. 17—The dwellings, manufactories, warehouses, and
shops of the subjects of eaeh of the contracting parties in
the dominions and possessions of the other, and all pre-
mises appertaining hereto, destined for purposes of residence
or commerce shall le respected. If there should be occasion
to make a search of or a domiciliary visit to such dwellings
and premises. or tc examine or inspect books, papers, or
accounts, such measure shall be executed only in conformity
with the legal warant or order in writing of a tribunal, or
of the competent aithority,
The subjects of each of the two contracting parties in the
dominions and possessions of the other shall have free ac-
cess to the courts of justice for the prosecution and defence
of their rights. Taey shall enjoy in this respect the same
rights and privilege as subjects of the country, and shall,
like them, be at liberty to employ in all causes their advo-
cates, attorneys, os agents from among the persons admitted
to the exercise of those professions according to the laws of
the country.

Art. 18—Any ship of war or merchant vessel of either of
the contracting parties which may be compelled by stress
of weather or by accident to take shelter in a port of the
other shall be at liberty to refit therein, to procure all neces-
sary stores, and to pat to sea again, without paying any dues
other than such as would be payable in a similar case by a
national vessel. In ease, however, the master of a merchant
vessel should be unier the necessity of disposing of a part
of his merchandise in order to defray his expenses, he shall
be bound to conforn to the regulations and tariffs of the
place to which he tuay have come.
If any ship of war or merchant vessel of one of the con-
tracting parties should run aground or be wrecked upon the
coasts of the other, such ship or vessel, and all parts there-
of, and all furniture and appurtenances belonging thereunto,
and all goods and merchandise saved therefrom, including
any which may have been cast into the sea, or the proceeds
thereof, if sold, as well as all papers found on board such
stranded or wrecked ship or vessel, shall be given up to the
owners or their agents when claimed by them. If there are
no such owners or agents on the spot, then the same shall
be delivered to the British or Italian Consul General, or
Vice-Consul in whose district the wreck or stranding may
have taken place upon being claimed by him within the
period fixed by the laws of the couctry ; and such Consuls,
owners, or agents shall pay only the expenses incurred in
the preservation of the property, together with the salvage
or other expenses which would have been payable in the
like case of a wreck of a national vessel.
The goods and merchandise saved from the wreck shall
be exempt from all duties of Customs, unless cleared for
consumption, in which case they shall pay the same rate of
duty as it' they had been imported in a national vessel.
In the case either of a vessel being driven in by stress of
weather, run aground, or wrecked, tOe respective Consul-
General, Consuls, Vice. Consuls, and Consular agents shall,
if the owner or master or other agent of the owner is not
present, or is present and requires it, be authorised to inter-
pose in order to afford the necessary assistance to their fel-
low-countrymen.

Art. 19—The Consuls-General, Consuls, Vice-Consuls,
and Consular agents of each of the contracting parties re-
siding in the dominions and possessions of the other shall
receiva from the local authorities such assistance as can by
law be given to them for the recovery of deserters from the
vessels of their respective countries.
Art. 20—The present treaty of commerce and navigation,
when ratified, shall be substituted for the treaties in force
between the high contracting parties—namely, those con-
cluded on the sth of April, 1847, and the 30th of December,
1854, between Great Britain and Tuscany, and on the 29th
of April, 1845, between Great Britain and the Two Sicilies,
and on the 27th of February, 1851, and the 9th of August,
1854, between Great Britain and Sardinia, and shall remain
in force for ten years from the date of the exchange of the
ratifications, and, further,until the expiration of 12 months
after either of the contracting parties shall have given
notice to the other of its intention to terminate the same,
each of the contracting parties being at liberty to give such
notice to the other at the expiration of the first 9 years, or
at any time afterwards.

Art. 21—The present treaty shr4ll be ratified,and the rati-
fications shall be exhanged at London in six weeks, or sooner
if possible,

In witness whereof the respective Plenipotentiaries have
signed the same, and have affixed thereto the seal of their
arms.

Turin, Aug. 6.

JAMES HUDSON,
GIOVANNI MANNA.

LAW INTELLIGENCE, Nov, 3.

VICE-CHANCELLORS' COURTS.
(Before Vice-Chancellor Wood.)
HUTTON V. EEETON.—BEETON V. M‘MURRAY.
His Honour this morning finally delivered judgment in
these causes. The facts which have already been reported,
are chiefly as follows :—ln the month of October, 1860, J.
G. Shipley and John Hutton were entered at Somerset
House as the sole proprietors of the Sporting Life and
Eclipse, subject to two mortgages of Shipley's share to
M'Murray, the well-known paper-maker,who in that capa•
city became acquainted with Beeton. In February, 1861,
Shipley became bankrupt, and shortly afterwards
M'Murray, on behalf of Hutton, sold to Beeton one-
half of the above newspapers, and of his interest in the
lease of No. 149, Fleet-street, fixtures, type, &c., for
the sum of £4,325 ; and on the 19th of March following,
Hutton and Beeton were entered at Somerset House as sole
proprietors of the Sporting _Life and _Eclipse, subject to two
mortgages to M'Murray. Beeton's statement was that
from that time Hutton ceased to take a share in the
management of the papers, and in May fellow-
ing he (Beeton) purchased for the same sum as
before the remaining moiety ; that on the papers
under his own good management, having become valuable,
Hutton, in July, 1862, demanded from him an account of
profits, which he refused to give ; and that thereupon Hut-
ton filed his bill praying for a dissolution of partnership, as
from Oct,, 1862, for an account, and for the appointment of
a receiver. Hutton's case was that M'Murray had no
authority to sell his (Hutton's) share, and that he had
bought the other share from l‘l'Murray for £1,500. Becton
then filed his bill against M'Murray for specific perfor-
mance. 11I'Murray's case was that he contracted to sell the
second moiety to Hutton, and that it was that that was the
subject of the sale to Beeton.
His Honour dismissed Hutton's bill, with costs ; and as
to Beeton's, ho granted a decree for specific performance as
prayed, and an account of what remained due to M'Murray
in respect of the purchase money, M'Murray to pay the
plaintiff the costs of the suit. In both causes the above to
be the decree, unless his Honour intimated to the contrary
at the sitting of the court in. the term.
The Attorney-General, Mr. Bacon, Q C., Sir H. Cairns,
Q.C., Mr. MalMs, Q.C., Mr. Terrell, Mr, S wanston, and
Mr. Karslake. were the counsel engaged.
WOLFE V. HAMILTON AND OTHERS.
This was an application of a most extraordinary nature.
Mr. Sergeant Ballantine said that he moved for a criminal
information for conspiracy on the part of Mr. Wolfe
against Mr. Hamilton and two other men named Til-
ley and Witney. It was a case of the most gross and un-
paralleled persecution that had ever been heard of in
this country. It may be remembered that in the month
of August last a person of the name of Dietrichstein com-
mitted a fraud on certain brokers in the City by procur-
ing bonds by means of forged cheques, and raising money
on the bonds, Mr. Hamilton, the chief of the detective
department in the City, applied to Mr. Wolfe, a gentle-
man who has resided for upwards of thirty years in Lon-
don, and on whom, the learned counsel said, not an impu-
tation had ever rested, fur any information which he
might be able to give relative to Dietrichstein. Mr. Wolfe
told him that he had not seen Dietrichstein since last
July, and that he knew nothing whatever about him.
The next day two men were seen watching Mr. \Voile's
house, and from that time to this ho had been subject to the
most intolerable persecution, They had followed him wher-
ever he went, they took up their positions close to the house,
had beer b':bught to them there, they explained to the neigh
b -
e
ours tt) cause of their conduct, and, in fact, annoyed Mr.
olfe to such an extent that he committed a trifling assault
on them one day, and was forthwith taken before a police
magistrate, where he was fined 10s., and re-delivered into
the hands of persecutors. Nor did did it end here ; for, said
the learned sergeant, " when Mr. Hamilton came to consult
me, they followed him to the hallowed precincts of the
Temple." Mr. Hamilton had refused to assign any reason
for his conduct, and it was with the utmost difficulty that
the names and addresses of the subordinates could be ex-
tracted front him at the police court. They had even fol-
lowed Mr. Wolfe and a friend into the country, when they
took drive one Sunday, and one of them had mounted be-
the cab in which they rode. Acting under advice, Mr.
Vil4e dfe had gone. ,to Frankfort, there to remain until the sit-

ting of this court, but even there he was not free from his
tormentors.
The Lord Chief Justice—We think you have said quite
enough to entitle you to a rule nisi,