The Archive · 1892

NOTICES OF BOOKS, ETC

CONSULAR JURISDICTION — Under the title of Eaterritoviality Me

Francis Taylor Piggott, late Legal Adi to the Jupanese Cabinet, hus publi through Messrs. Clowes "& Sons, Limited, of London, a volume dealing with the Law relating to Consular Jurisdiction. As the author points out, attention lias of late years been directed to the examination of the subject by the great strides in intercourse with Western 8 which have been made by one of those countries in which European sovereigns are permitted to gxoreise jurisdiction over their own subjects. It is therefore well that thei fied for the task should seek, as the author under notice does, to' ex-amino in the abstract the principles of English law which are applicable to the European communities established Eastern countries. "The system which the claim and grant of foreign jurisdiction called into being," says the writer, cial in the extreme. Tt recognises the existence of two separate communities in the same country, Where one is savage and the other is civilised, the points of disturbance are fow. But where the foreign community is a large one carrying on a prosperous trade; and where the native community is also prosperous and busy; has its own laws, police courts, and the whole aystem of executive government, the points of disturbance are many, deepening in interest with every recurrence of them." Reference to the questions which have for 80 long been under discussion between Japan and the Treaty Powers is avoided, and the historical treatment of the subject is omitted as being already well worn, The purely legal aspect of the question is the one remaining, and this the author discusses with care. The study of Order in Council law occupies a good proportion of the work, and the bearing of the general law upon the many independent points which inevitably arise under so artificial system of government. Again, as is inted out, this branch of the subject introduces its own peculiar limitation, The points can only be discussed in the abstract. Very few legal precedents exis and reference to diplomatic precedents is avoided on account of the small proportion only of the cases which arise for decision

Text read from the printed page and cleaned; old type leaves the occasional error.

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