[Cracow.]

the State, or to public institutions. Upon all matters referred to him in his double capacity, he shall communicate with the youngest Senator, whose special duty it shall be to attend to the interests of minors, and to actions of law concerning funds or landed property of the State.

Court of First Instance, and Court of Appeal. Powers and Proceedings.

ART. XV. There shall be a Court of "First Instance," and a Court of Appeal. Three Judges in the former, and four in the latter Court, including their Presidents, shall hold their appointments for life. The other Judges attached to each of these Courts, to the number which local circumstances may require, shall depend upon the free election of the communes, and shall remain in office no longer than the period specified in the organic laws. These two Courts shall try causes of all descriptions, whatever be their nature, or the rank of the parties. If the decision of both Courts be alike, no further appeal can be had. If their verdicts are essentially at variance, or if the Academy, after having examined the written pleadings, declare that there is ground for a complaint of a violation of law, or that the essential forms of proceeding have not been observed in a civil cause, as well with regard to sentences inflicting capital or ignominious punishment, the suit shall again be brought before the Court of Appeal; but in this case, there shall be added to the ordinary number of Judges, all the Magistrates of Arbitration belonging to the city, and 4 individuals, 2 of whom shall be chosen by each of the leading parties concerned, from among the citizens. Three Judges are necessary to give judgment in the First Instance, 5 in the Second, and 7 in the Last Resort.

Composition of Supreme Court.

ART. XVI. The Supreme Court appointed to try such causes as are referred to in Article X, shall be composed;

1. Of five Representatives, drawn by lot.

2. Of three Members of the Senate, elected by that assembly. 3. Of the Presidents of the two Courts of Justice.

4. Of four Magistrates of Arbitration, in their turn.

5. Of three citizens, chosen by the public officer brought to trial.

Nine members are necessary to pronounce the sentence.

[Cracow,]

Proceedings in open Court, in Civil and Criminal Matters. Decision of Juries.

ART. XVII. Civil and criminal causes are to be decided in open Court. In the mode of proceeding (and, in the first instance, in causes strictly criminal), the institution of Juries shall be introduced, and adapted to the local situation of the country, and to the information and character of the inhabitants.

Independence of Judicial Order.

ART. XVIII. The Judiciary Body is independent.

Conditions of eligibility for Office of Senator, Judge, or Representative of a Commune.

ART. XIX. At the expiration of the sixth year, dating from the publication of the constitutional charter, the necessary qualifications for becoming a Senator, by the election of the Representatives, shall be ;

1. He must be 35 years of age.

2. He must have completed his studies in one of the universities within the ancient kingdom of Poland.

3. He must have filled the office of Mayor during two years, that of Judge during two years, and that of Representative during two sessions of the assembly.

4. He must have possessed, for a year at least previous to the election, an immoveable property, charged with a land-tax of 150 Polish florins.

The qualifications for a Judge are;

1. To be 30 years of age.

2. To have completed his studies in one of the above-mentioned universities, and to have obtained the degree of Doctor.

3. To have been with an Attorney for one year, and to have practised also with an Advocate for the same period.

4. To possess immoveable property to the value of 8,000 Polish florins, which must have been acquired at least a year before the election.

In order to be elected a Judge of the "Second Instance," or President of either of the Courts, besides these qualifications, he must have filled the office of Judge in the first Court, or that of Magistrate of Arbitration for two years, and have been a Representative.

[Cracow.]

To be elected Representative of a commune, it is necessary; 1. That he shall be 26 years of age.

2. That he shall have gone through a course of studies at the university of Cracow.

3. That he shall be possessed of immoveable property rated at 90 Polish florins, and acquired at least a year before the election.

Eligibility of Functionaries previously in Office in Duchy of Warsaw.

The qualifications specified in the present Article shall not be applicable to those individuals who, during the existence of the Duchy of Warsaw, filled situations, by gift of the Crown, or by election of the Diet, nor shall they be applicable to those who have now obtained them by authority of the contracting Powers. These persons shall be fully entitled to be appointed or elected to every office.

Polish Language in Acts of Government, of Legislation, and of Judicial Courts.

ART. XX. All Acts of Government, of the Legislature, and of the Courts of Justice, shall be in the Polish language.

Inclusion of the Academy in the General Budget.

ART. XXI. The revenues and expenditure of the Academy shall be included in the general budget of the Free City and Territory of Cracow.

Municipal Militia for Internal Security, and Police. Gendarmerie for security of Roads and Country.

ART. XXII. The duty of the police and safety of the interior shall be performed by a sufficient number of the municipal militia. This detachment shall be alternately relieved, and commanded by an officer of the line, who, having distinguished himself in the service, shall accept such a retirement.

A sufficient number of gendarmes shall be armed and mounted for the protection of the roads and country.

Done at Vienna, the 3rd day of May, in the year of Our Lord, 1815.

(L.S.) LE PRINCE DE METTERNICH.
(L.S.) LE PRINCE DE HARDENBERG.
(L.S.) LE COMTE DE RASOUMOFFSKY.

[Territorial.]

No. 16.-TREATY between Prussia (Austria, Russia) and Saxony. Signed at Vienna, 18th May, 1815.*

[This Treaty formed Annex IV to the Vienna Congress Treaty of 9th June, 1815 (No. 27)].

3. Question of property of residents on frontiers. Maps and landmarks. 4. Titles of King of Prussia. Retention of titles by King of Saxony. 5. Evacuation of Saxon territory by Prussian troops.

6. Settlement of debts, taxes, &c.

7. Separation of archives, titles, maps, plans, &c., of ceded territories. Renunciation of feudal rights beyond frontiers.

8. Retention of soldiers in service of their native country. Emigration. Option to officers and aliens in ceded territory to choose between Saxon and Prussian services.

9. Arrangement of debts secured on mortgage.

10. Arrangement of obligations of Saxon " Central Steuer Commission." 11. Circulation of Saxon paper money (Cassenbillets).

12. Settlement of accounts between Saxony and the Circus of Cottbus.

13. Prussia and Saxony. Reciprocal Freedom of Emigration.

14. Appointment of Prussian and Saxon Commissioners to meet at Dresden. 15. Mediation of Austria in territorial arrangements between Prussia and Saxony.

16. Prussia and Saxony. Property of Religious Establishments.

17. Regulation for navigation of Rivers; Elbe, &c.

18. Fulfilment of Saxon contracts for farming revenues, &c.

19. Annual supply of Salt by Prussia to Saxony free from export duty.

20. Exemption of farm and other articles from import and export duties

respectively.

21. Prussia and Saxony. General Amnesty in Saxony.

22. Renunciation by Saxony of all claims upon the Duchy of Warsaw. Recognition of Sovereign rights of Russia, Austria, and Prussia, over. certain parts of Duchy.

23. Restoration by Saxony of Archives, &c., of Duchy of Warsaw.

24. Debts of Duchy of Warsaw.

25. Ratifications.

* Similar Treaties were concluded between Austria and Saxony and between Russia and Saxony on the same day. Great Britain acceded to this Treaty on the 18th September, 1815. See page 145.

See Treaty between Prussia and Saxony of 22nd August, 1866.

[Territorial.]

(Translation as laid before Parliament.*)

Preamble.

In the Name of the Most Holy and Undivided Trinity.

His Majesty the King of Prussia on the one part, and His Majesty the King of Saxony on the other part, animated with the desire of renewing the ties of friendship and good understanding which have so happily subsisted between their respective States; and being anxious to contribute towards the re-establishment of order and tranquillity in Europe, by carrying into effect the territorial arrangements stipulated at the Congress of Vienna; their said Majesties have named for their Plenipotentiaries, to agree upon, conclude, and sign a Treaty of Peace and Friendship, viz. ;

His Majesty the King of Prussia, the Prince Hardenberg, his Chancellor of State, &c.;

And the Sieur Charles William, Baron de Humboldt, his Minister of State, Chamberlain, Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty;

And His Majesty the King of Saxony, the Sieur Frederic Albert, Count de Schulemburg, his Chamberlain, &c.;

And the Sieur Hans Augustus Furchtegott de Globig, his Chamberlain, Councillor of the Court and of Justice, and Confidential Referendary;

Who, after having exchanged their full powers, found in due form, have agreed upon the following Articles;

Peace and Friendship.

ART. I. From this day there shall be Peace and Friendship between His Majesty the King of Prussia on the one part, and His Majesty the King of Saxony on the other, their heirs and successors, their states and respective subjects, for ever.

Cessions from Saxony to Prussia.

ART. II. (Embodied in Vienna Congress Treaty (No. 27) as Article XV.)

Question of Property of Residents on Frontiers. Maps and Land

marks.

ART. III. To prevent all injury of Private Property, and to protect, upon the most liberal principles, the property of indi*For French version, see "State Papers," vol. ii, p. 84.