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Maritime laws of Venice.

making, on the 20th February, 1764, an ordinance relative to marine assurances, which is a sequel of the edict of his father, published the 11th April, 1761, has thought proper to abolish the court of the high admiral, and to substitute in its place, by an edict of the 6th December, 1783, a tribunal, called the admiralty, to which is given, the jurisdiction of maritime affairs. He has, besides, published, in an edict, of the 15th March, 1787, a tarif of Consular fees. In all other cases, the ancient acts, and the decisions of the civil tribunal are observed. The marine ordinance of France, of 1681, possesses great authority there.

ARTICLE XXVI.

Of the Laws of Venice.

§ 1. VENICE is the only Italian state which has executed the great work of a particular maritime Code, adapted to its local circumstances. This republic may boast of being the first in Italy which has a complete body of laws relative to the affairs of maritime commerce. It was published in 1786, under the title of the Codice per la Veneta mercantile marina. It was approved by a decree of the Senate, the 20th September, in the same year, and has thus acquired the force of law. A supplement, containing some corrections and alterations, was added, sanctioned by two decrees of the Senate, the one on the 6th August, and the other the 19th September, of the same year.

Maritime laws of Tuscany.-Laws of Genoa.

ARTICLE XXVII.

Of the laws of Tuscany.

§ 1. TUSCANY possesses no other maritime laws, than those contained in the ancient statutes of the offices of assurances in the city of Florence, published the 13th March, 1522, by the council of one hundred; but there is a very concise edict of the 10th of October, 1748, on commerce and the mercantile marine, to which were added, in 1787, the laws and orders already published to regulate the police of the harbour, and the wet docks and basons, adjacent to the port of Leghorn. The queen regent, infanta of Spain, desirous of distinguishing her government by some signal act of glory, will, without doubt, prepare a new Code on maritime affairs, of which the commercial places of Tuscany have much need.*

ARTICLE XXVIII.

Of the Laws of Genoa.

§ 1. THE republic of Genoa has no other regu lation for its maritime affairs, than an ancient sta

* In the former edition of this work, written before the Italian states were drawn into the tremendous vortex of the French revolution, and before their governments, their laws, their wealth, and power, became the prey of the rapacious invaders of Italy, the preceding part of this sentence was filled with the name of Ferdinand III, whom the author praised for his glorious reform in the eriminal Code of Tuscany....T.

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Laws of Genoa-Laws of Sardinia.

tute published in 1610, in which mention is made, book 2, chap. 4, in very concise terms, of some very brief causes, relative to maritime affairs. The 16th chapter of the 4th book treats of jettisons, and of the conduct which ought to be observed, on such occasions. Genoa, also, adheres to the decisions of its civil tribunal called the Rota.* The laws of the Consolato del Mare, are in full force there. The work of Targa, also, entitled, Ponderazioni Maritime, is of high authority in the tribunals of commerce. This work is in all respects conformable to the usages prescribed by the Consolato del Mare, and to the ancient maxims of that place, which, for want of a stable law, adapted to the circumstances of the times, are often in opposition to the new decisions of the magistrates, and to existing usages.

ARTICLE XXIX.

Of the Laws of Sardinia.

§ 1. THE maritime states of the continent, subject to the king of Sardinia, are acquainted with no other marine laws than those contained in the royal edict, rendered, the 12th March, 1749, for the free port of Nice, which renewed, and considerably enlarged, the privileges and immunities given by former edicts, one of 1613, and another, for the re-establishment of the supreme magistracy of the Consulate in that city, of the 15th of July, 1750. This edict

Many of the decisions of this court are to be found in Straccha de Mercatura....T.

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Maritime laws of Sardinia.

increased the dignity, and extended the jurisdiction of this court erected by the edict of the 15th October, 1733.(376) In these edicts are a few articles relative to marine assurances, and shipwrecks. As to all other matters, the Roman law, the Consolato del Mare, and the decisions of the tribunals above mentioned, have the force of law.

2. At the period of the publication of the laws contained in the Consolato del Mare, Sardinia was under the dominion of the republic of Pisa. After several times expelling the Saracens, commanded by their king Musetto, they divided the island, in 1021, into four judicatories.(377) From 1165, it was possessed by the Pisans as a perpetual imperial fief, granted to them by Frederick II, emperor of the Romans, until 1327, when they were compelled, by force of arms, to yield it to king James of Arragon.(378) From this it may be presumed, with the greatest reason, that Sardinia, until that period, must have regulated its maritime affairs, according to the laws of the Pisans, which were already observed by other nations engaged in maritime commerce.

(376) It is in this Court that I had the honour to sit as a Judge, with the title of Senator, from the year 1782 to the 29th September, 1792, when the armies of the French republic seized. on the county of Nice.

(377) See my Geographical, political, and natural history of Sardinia, Paris, 1802, Vol. I.

(378) Treaty of peace made at Barcelona in 1327, between the king of Arragon, and the republic of Pisa,

Laws of the Consolato del Mare in force in Sardinia.

3. The island having passed under the dominion of the king of Arragon, and received the same form of government to which the Catalonians were subject, the inhabitants were directed to conform to the usages and customs of Arragon, and in particular, to the Consolato del Mare, published at Barcelona. This is the reason why Vico, in his compilation of the royal acts of Sardinia, title 48, says, that the Consul was bound to conform to every thing prescribed in the 22d chapter of the Consolato ; and this is so scrupulously observed, that the secretary to the magistrate, in the register which he makes of the departure, and arrival of vessels, never fails to enter the act of search, dei Gatto, prescribed by the 67th chapter of the Consolato.*

4. From the observations communicated to me by M. Chevalier Cossu,(379) my worthy and ge

* Gatto, Cat.-This is the 66th chapter of the Consolato del Mare, in the edition of Casaregis of 1737.

(379) M. Chevalier Cossu, is a man of distinguished learning, who, on account of his literary works, deserves well of his country, After the publication of the first Italian edition of my former work, he did me the honour to write me the following letter, which is too valuable for me to omit this opportunity of preserving.

Cagliari, 29 maggio 1795.

Signor Senatore stimatissimo.

"Appena riconstrato, che pervenne in questa capitale il primo tomo dell' opera da V. S. illustrissima recentemente lavorata, rapportante il Sistema universale dei Principii del diritto marittimo dell Europa, siccome ebbi la soddisfazione di leggere il raggionato di lei Dizionario universale della Giurisprudenza mercantile, mi procurai un esemplare di questa nuova produzione propria della pre

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