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No. 176.–CONVENTION concluded, under British Media
tion, between the Commanders-in-Chief of the Belligerent Armies in Spain. Signed at Logroño, 27th April, 1835.
TABLE. 1. Preservation of lives of Prisoners. 2. Periodical exchange of Prisoners. 3. Number of Prisoners exchanged to be equal. 4. Exchange according to Rank. 5. Towns selected for detention of Prisoners to be respected. 6. Political Prisoners to be tried in conformity with the Laws. 7. Sick and Wounded to be respected. 8. Stipulations to be binding in all Provinces of the Monarchy. 9. Strict observance of Convention.
(Translation.) Stipulations proposed by Lord Eliot, H.B.J's Commissioner, and
which will serve as a rule to the Commanders-in-Chief of the Belligerent Armies in the Provinces of Guipuscou, Alara, and Biscay, and in the Kingdom of Navarre.
Preservation of Lives of Prisoners. Art. I. The Commanders-in-Chief of the two Armies now engaged in IIostilities in the Provinces of Guipuscoa, Alava, and Biscay, and in the Kingdom of Navarre, agree to preserve the lives of all Prisoners who may be made on one side or the other, and to exchange them as stipulated below.
Periodical exchange of Prisoners. Art. II. The exchange of Prisoners shall be periodical, twice or thrice in a month, or oftener if circumstances should require or allow it.
Number of Prisoners exchanged to be equal. ART. III. The aforesaid exchange shall be in exact proportion to the number of Prisoners which each party shall present, and the number remaining over and above shall be retained by the party in whose power they are until another opportunity of affecting an exchange shall occur.
Exchange according to Rank.
Towns selected for detention of Prisoners to be respected. Art. V. If after effecting an exchange, one of the Belligerents should require a point where he may be able to guard the Prisoners who may not have been exchanged, it is agreed that, for their security and good treatment, they shall remain with, and be guarded by, the party in whose power they are, at one or more Towns, to be respected by the opposite party; the latter not being allowed to enter such Towns, or in any manner to carry on hostilities against them whilst the Prisoners remain in them: it being well understood, that in the towns where Prisoners are kept, the manufacture of arms, ammunition, or military stores, shall not be permitted, and that such Towns shall be selected beforehand by the agreement of both parties.
Political Prisoners to be tried in conformity with the Lau's.
Art. VI. During the present contest, no person, whoever he may be, civil or military, shall be deprived of life on account of his Political Opinions, without having been previously tried and condemned in conformity with the Laws, Decrees, and Ordinances in force in Spain. This is only to be understood in reference to those who are not in reality Prisoners of War; for as regards them, the stipulations contained in the preceding Articles shall be binding:
Sick and Wounded to be respected. Art. VII. Both the Belligerent parties shall religiously respect, and leave in full liberty, the Sick and Wounded who may be found in hospitals, barracks, towns, farm-houses, or any other place; the sick having been previously recognized as such by the medical officers.
Stipulations to be binding in all Provinces of the Monarchy.
ART. VIII. Should the War extend to other Provinces of the Monarchy, the present Convention shall be binding in them, provided that the Armies, which, by the vicissitudes of war, carry on hostilities in them, be the same which are now engaged in hostilities in the three Basque Provinces and in the Kingdom of Navarre.
Strict observance of Convention. Art. IX. This Convention shall be strictly observed by the Commanders-in-Chief, on both sides, who may succeed to the command.
In the presence of
J. Gurwood, Lieut.-Colonel in the service of H.B.M.
No. 177.—DECLARATION between Prussia and Russia,
for the Settlement of Boundaries and Disputes. Signed at Berlin, 31st December, 1835. .
TABLE. Preamble. Reference to Treaty of 3rd May, 1815. 1. Rules determining what Domiciliary Court is to decide on Differences
relating to the Principal Property of Estates divided by the Frontier
Line. 2. Regulations for keeping Mortgage Bonds. 3. Meaning of the words “Principal Property of Estates." 4. Mortgages to be Settled according to the respective Laws of the two
States. 5. Regulations to be observed by Domiciliary Courts of either Country. 6. Domiciliary Court of Country in which the Estate is situated to Execute
Judgment. 7. Transitory Dispositions. 8. The present Arrangement to remain binding, so long as the two respective
Courts shall not consider it necessary to agree to New Regulations. 9. Publication of Arrangement.
(Translation.*) Reference to Treaty of 3rd May, 1815. The Undersigned, Plenipotentiaries of Ilis Majesty the King of Prussia, and of His Majesty the Emperor of All the Russias, considering:
That, Article XX of the Treaty signed at Vienna on the 21st April, 1815 (No. 13), between Prussia and Russia, ascribes to 3rd the Domiciliary Court the cognisance of Differences relative to Estates divided by the Frontier; considering besides that the term of 10 years stipulated for its duration has expired, and that the High Contracting Parties have, by the preceding Article, reserved to themselves the power of making, at the end of that term, any other Regulations if found necessary, have agreed to the following:
Rules determining what Doiniciliary Court is to decide on Differ
ences relating to the Principal Property of Estates divided by
* For French version, see “ State Papers,” vol. xxiii, p. 294.
Frontier Line separating the Grand Duchy of Posen from the Kingdom of Poland, whether those Estates belong to private Individuals, or the Communes, Institutions or public Establishinents, shall serve as a basis to determine the Domiciliary Court in either of the two countries which shall decide the Differences relative to those Estates.
Art. II. Regalations for keeping Mortgage Bonds.
Art. III. Meaning of the Words“ Principal Property of Estates.”
Art. IV. Mortgages to be Settled according to the Respective Laws of the Two States.
Arr. V. Regulations to be observed by Domiciliary Courts of either Country.
Art. VI. Domiciliary Court of Country in which the Estate is situated to Erecute Judgment.
Art. VII. Transitory Dispositions.
ART. VIII. The present Arrangement to remain binding, so long as the tuo respective Courts shall not consider it necessary to agree to new Regulations.
ART. IX. Publication of Arrangement.
(L.S.) RIBEAU PIERRE.