money, for each month's delay, to be borne by the debtor association."

The three Articles following regulate the form of the bonds and the particulars to be contained therein.

In conclusion, it may be useful to recall to memory the meeting of the Pan-Anglican Congress at Rio de Janeiro in May of last year, which was adjourned for further instructions from the Governments represented thereat. The object of the Congress was to continue and extend the results obtained by the Treaty of Montevideo. It is important for the jurists of Europe to associate themselves with their Ibero-American brethren, in suggesting amendments in Private International law, as otherwise at least two different systems will be adopted on many subjects with regard to which it is desirable to obtain unanimity.

VI. THE INTERNATIONAL LAW ASSOCIATION: MADRID CONFERENCE, OCTOBER 1913.

D

URING the forty years which the International Law Association has been in existence, it had not until the recent conference visited Spain. An invitation to visit the country of Cervantes and Ximenes was conveyed to the Association last year at Paris by Sr. D. Avelino Montero Villegas, late Under-Secretary of State; it was accepted with great satisfaction, and the meeting took place in October last. The President should have been the late Sr. Canalejas, to whom the invitation was in the first instance due. His assassination made it requisite to elect another chief: and the fortunate choice was made of the Marquis of Alhucemas, the leader of the Dissident Liberals, who not only accepted the position, but devoted himself energetically to promoting in every way the success of

the gathering. All the sessions were presided over by the President in person, and with the utmost tact and despatch. Considering the difficulties of language, this was a perfect tour de force, and makes it easy to conceive how the Marquis succeeded in negotiating the Franco-Spanish Treaty. Some fifty English-speaking members attended, and about as many from the Continent, including a strong Dutch contingent headed by Asser's successor, Dr. Jitta. Among the English members were Lord Justice Kennedy, Lord Justice Phillimore, Rt. Hon. Sir F. Pollock, Sir Graham Bower, Sir Erle Richards, Mr. W. F. Hamilton, K.C., Mr. G. S. Robertson, Chief Registrar of Friendly Societies, Mr. G. G. Phillimore, Mr. J. A. Barratt, and Mr. R. S. Fraser. Others present included Me Clunet, Prof. Niemeyer, M. Maeterlinck, M. Langlois and M. Van Péborgh, Sr. Rebello, Brazilian Chargé d'Affairs at Lisbon, and Sr. Vielmann, representing the Advocates of Guatemala. Almost all of the Spanish provincial colleges of advocates sent representatives, and the attendance must be regarded as very satisfactory.

After an eloquent inaugural address by the President, eulogising the late Premier so tragically cut off, and dwelling upon the glories of Spain in the early history of International law-Ayala, Vittoria, Suarez-the subject of International Arbitration was, as usual, first taken up. Dr. Evans Darby (Secretary of the Peace Society) had prepared a careful summary of the incidents regarding Arbitration which had taken place during the past year. This was read by Lord Justice Phillimore, as Dr. Darby is at present in Canada engaged on a mission of propaganda. A young Dutch jurist, Dr. Hartzfeld, presented an interesting statement, entitled, "Judgments of Solomon at the Hague," the object of which was to vindicate the tendency of the Hague Court to render compromise decrees. According to M. Hartzfeld, this is an advance on the ordinary conceptions of Civil law-no litigant can be wholly right or wrong, and therefore a compromise is

the ideally perfect decision. The older school of thinkers attacked this thesis; but it gives food for thought.

The next topic to be brought up was that of General Average. This needs, perhaps, a little explanation. The most conspicuous success achieved by the International Law Association has been the establishment of the socalled “York-Antwerp❞ Rules for the adjustment of General Average, i.e., the recoupment of persons whose property has been damaged or lost at sea for the safety of the joint adventure. These Rules are facultative; but they are generally if not universally adopted. Three years ago, however, Chancellor Dowdall, of Liverpool, moved for the appointment of a committee which, without trenching on the work of a committee which was already examining the possibility of introducing improvements into these York-Antwerp Rules, should examine scientifically the basis of the whole theory of General Average. This Committee compared the laws of various countries, and reported the result in 1912: and it now brought up a Model Law of General Average, asking for its approval by the Conference on behalf of the Association. This was taken exception to by many Average Adjusters present, as tending to supersede the York-Antwerp Rules by a hard-and-fast code of law; and one which, moreover, members had had little opportunity of considering. On the other hand, it was urged that to refuse immediate approval would be tantamount to throwing the work of the Committee away. In the result, it was agreed by a substantial majority to approve the Draft Law provisionally, and to refer it to the Committee for report to the next Conference with any improvements which might occur to them.

The question of the effect of the outbreak of war on private contracts, and in particular upon maritime insurances, was taken up at some length. Dr. Brüders, of Berlin (Secretary of the International Transport Insurance Union), differing from Dr. Sieveking, of Hamburg,

opposed the traditional British view, which was upheld by Sir Erle Richards in an able speech. Prof. Niemeyer (Kiel) and Dr. Loder (Amsterdam) supported Dr. Brüders: but the difference of opinion was so marked, and the question so fundamental, that the further consideration of the subject was deferred to next year on the proposition of Kennedy, L.J., who expressly reserved his opinion as to the legality or otherwise of the voluntary payment of insurance liabilities towards enemy subjects whose vessels may be captured by our fleet-a proposal which has been propounded by Sir E. Beauchamp. On the broader question of the general effect of the outbreak of war upon private relations, a remarkably suggestive paper was presented by Prof. Van Eysinga, of Leyden.

The Conference heard with pleasure of the efforts made by its Committee on Deck Cargoes to secure the safety of life at sea by some system of concerted legislation on the dangerous cargoes of heavy wood which are brought across the Atlantic loaded on deck; and M. Sans-Castaño, of Barcelona, detailed the regulations which have already been provided in Spain on the lines of the British. It is hoped that the United States, as the main country of export, will be in a position before long to legislate on the subject; and the Committee were asked to continue to bring the matter to the front.

Useful papers were read on Mining Law in Spanish. countries, by Mr. B. Barrios, of the Mexican, Spanish and English Bars, and Dr. Cabello y Guillen de Toledo; and on the position of Foreign Companies in Spain, and generally, by Mr. Wyndham Bewes, London, and Prof. F. Baumgarten, Pesth. It should be added that Mr. Bewes summarised in English most of the Spanish papers,1 and that Dr. Barrios was responsible for the whole of the preliminary arrangements for the holding of the Conference.

1 See p. 76, post.

On Foreign Judgments and Arbitral Awards, Mr. R. S. Fraser read a paper recommending the introduction of some system of enforcing awards passed in foreign arbitrations. It was resolved to refer it to the Committee on Foreign Judgments to consider the practicability of this. Dr. Illés Hevesi (Pesth) contributed a paper lucidly explaining a recent Hungarian statute which was passed after mature examination of the subject. It recognises to a certain extent the principle of reciprocity, and some of the speakers observed upon this that justice ought never to be conditional upon reciprocity. Fiat justitia ruat cœlum: justice must not be withheld from a litigant as a means of putting pressure upon his State to do justice in its turn. On the whole, that is a more respectable maxim than Do ut des.

Two papers recommending drastic international action in industrial legislation were the work of Messrs. ScottDuckers and Ruiz Funes. They seemed to assume agreement as to the value of restrictive legislation. Until that is admitted by South America, South Africa and Japan, there is little likelihood of combined effort in this direction.

Mr. E. Todd's Committee on Comparative Civil Procedure and Evidence had collected from twelve countries a mass of most interesting information, which had been carefully digested in a short space, and gives in tabular form a valuable account of the rules prevailing on an important department of practical jurisprudence. This report, and that of Mr. J. A. Barratt's Committee on Divorce Jurisdiction, do great credit to the Association. They collect an amount of material which is nowhere else to be found, and they should prove of great service to lawyers and legislators everywhere. The former report remains open for the consideration of its conclusions; but the Divorce Committee has now completed its work, and Mr. Barratt, the convener, was heartily congratulated on having