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ART. 2. Ne bénéficieront pas de la faveur accordée par l'article 1er tous navires dont la construction, l'armement ou l'affectation indiqueront qu'ils sont susceptibles d'être transformes en bâtiments de guerre ou affectés à un service public.

Dans le cas où ces navires seraient chargés d'un service postal, l'administration des postes pourvoira a l'expédition, par la voie la plus rapide, des sacs et colis postaux embarqués sur lesdits navires.

ART. 3. Les ministres des affaires étrangères, de la marine, des travaux publics, du commerce, des postes es des télégraphes et des colonies sont chargés, etc. (Journ. off. du 6 août 1914.)

FRANCE AND AUSTRIA.

Décret du 13 août 1914 relatif aux navires de commerce autrichiens ou hongrois se trouvant dans les ports français depuis et y compris le 12 août 1914.

ART. 1. Les navires de commerce autrichiens ou hongrois se trouvant actuellement dans les port français depuis et y compris le 12 août 1914, minuit, ou y entrant sans connaître les hostilités, auront à partir de la date du présent décret, un délai de sept jours francs pour en sortir librement et gagner directement, après avoir été munis d'un laissez-passer, leur port de destination ou tel autre port qui leur sera désigné par les autorités maritimes du port français où ils se trouvent.

ART. 2. Ne bénéficieront pas de la faveur accordée par l'article 1er tous navires dont la construction, l'armement ou l'affectation indiqueront qu'ils sont susceptibles d'être transformés en bâtiments de guerre ou affectés à un service public, non plus que ceux qui se trouveraient actuellement saisis ou capturés pour violation de neutralité.

Dans le cas où ces navires seraient chargés d'un service postal, l'administration des postes pourvoira a l'expédition, par la voie la plus rapide, des sacs et colis postaux embarqués sur lesdits navires.

ART. 3. Les ministres des affaires étrangères, de la marine, des travaux publics, du commerce, des postes et des télégraphes et des colonies sont chargés, etc. (Journ. off. du 14 août 1914.)

ITALY AND AUSTRIA-HUNGARY.

ROYAL DECREE OF MAY 30, 1915 (No. 814).

[Translation.) Thomas of Savoy, Duke of Genoa, Lieutenant-General of His Majesty

Victor Emanuel III, by the Grace of God and the will of the Nation, King of Italy. In virtue of the authority delegated to us; Whereas the royal decree of the 16th May, 1915, No. 659, suspends the application of articles 211 and 243 of the mercantile marine code in the event of the participation of Italy in the present international conflict;

Having regard to the Sixth and Eleventh Convention signed at The Hague, on the 18th October, 1907, which Italy declares she will observe so far as the laws in force in the Kingdom and the other measures taken by the Government of the King permit;

Whereas a state of war exists;

In virtue of the extraordinary powers conferred on the Government of the King by the law of the 22d May, 1915, No. 671;

The council of ministers having been consulted;

On the motion of the minister of marine, acting in concert with the ministers for foreign affairs, of the colonies, and of finance;

We have decreed and decree:

ARTICLE 1. All enemy ships lying in the ports and territorial waters of the kingdom and of its colonies at the outbreak of hostilities shall be sequestered by the local naval authorities.

ART. 2. Special technical commissions, assisted by the naval authorities, shall visit enemy merchant ships thus sequestered, with the object of ascertaining which among them are so constructed or built, or contain such internal arrangements or fittings, as may justify the assumption that they are intended to be converted eventually into warships.

Art. 3. In all cases in which it shall be found that vessels were intended for conversion into warships, these vessels shall be captured and placed under the jurisdiction of the prize court for a decision as to their ultimate disposal.

ART. 4. The vessels which shall not be found to have been intended for conversion into warships shall remain under sequestration. They may be requisitioned by the minister of marine for the whole duration of the present war, in accordance with rules to be laid down in another decree.

Art. 5. Enemy goods found on board all merchant vessels referred to in article 1 above mentioned shall be sequestered and restored after the war, without an indemnity, or else requisitioned with an indemnity.

Perishable goods shall be sold on special conditions which shall be laid down by our ministry of marine.

Art. 6. Neutral goods found on board any merchant ship referred to under article 1 shall be released subject to an option of requisitioning them with an indemnity which the Government of the King may exercise. 1

ART. 7. The decision as to the nationality of the goods referred to under the preceding articles 5 and 6, and the consequent verdict as

1 Foreign office notification, August 9, 1915, as to British-owned cargo in Austrian vessels

detained in Italy. His Majesty's ambassador at Rome is informed by the Italian Government that in order to obtain release of British-owned goods on Austrian vessels detained in Italy the interested parties should present their applications for release of such goods direct to the Italian minister of marine, together with all documents available in support of their claim to ownership. The minister of marine will then determine which goods can be released without further formalities, and which it will be necessary to submit to the decision of the Italian prize court. (London Gazette, Aug. 10, 1915.)

to the release or sequestration of these goods shall lie with the prize court.

ART. 8. The regulations laid down in articles 5 and 6 of the Eleventh Hague Convention of the 18th October, 1907, shall be applicable to the members of the crews on enemy merchant vessels referred to in the preceding article 1.

Art. 9. The treatment laid down in the preceding articles shall not be extended to enemy merchant ships, which shall carry out or attempt to carry out any acts of hostility whether direct or indirect.

ART. 10. The rules laid down in the preceding articles are also applicable to those enemy merchant ships which shall have left their last port before the declaration of war, and which are met at sea before they are aware of the commencement of hostilities.

ART. 11. The minister of marine is empowered to issue special rules for the publication of the present decree which comes into force to-day.

We order that the present decree, furnished with the seal of state, be included in the official record of the laws and decrees of the Kingdom of Italy, requiring everyone concerned to observe it and cause it to be observed. Given at Rome this 30th day of May, 1915.

THOMAS OF Savoy. (British Parliamentary Papers, Miscellaneous, No. 18 (1915). Cd. 8104.)

ROYAL DECREE OF JUNE 17, 1915 (NO. 957).

[Translation.]

Special regulations for the application of the decree of 30th May, 1915,

No. 814, relating to the treatment of enemy merchant vessels in ports of the Kingdom or of the colonies.

Thomas of Savoy, Duke of Genoa, lieutenant general of His Majesty Victor Emanuel III, by the Grace of God and the will of the Nation, King of Italy.

In virtue of the authority delegated to us;

In view of the law of the 22d May, 1915, No. 671, that confers extraordinary powers on the Government of the King;

In view of our decree, dated the 30th May, 1915, No. 814, which lays down rules for the treatment of enemy merchant vessels lying in the ports of the Kingdom and the colonies;

At the proposal of the ministry of marine, in concert with the ministries for foreign affairs and the colonies;

We have decreed and do decree:

ART. 1. Enemy merchant vessels present in the ports and territorial waters of the Kingdom at the outbreak of hostilities, and sequestrated by the local maritime authorities in accordance with article 1 of our decree of the 30th May, 1915, No. 814, are inscribed on a provisional register at the maritime department of Genoa, and are authorized to

use the national flag and to navigate conformably to the regulations established in the following articles:

ART. 2. Vessels captured in virtue of article 3 of our decree of the 30th May, 1915, No. 814, are placed at the disposal of the ministry of marine, who may arm and man them, and employ them in the service of the Royal Government pending the final judgment of the prize court.

ART. 3. Vessels sequestrated in conformity with article 4 of our decree of the 30th May, 1915, No. 814, may be requisitioned by the ministry of marine for the whole period of hostilities, either to be armed and manned by the royal navy, or to be handed over to the service of some other State administration or public body, or again to a navigation company acting under authority of the above-mentioned ministry.

The service of vessels indicated in the present article shall be regulated by the rules governing the national mercantile marine, except when such vessels shall have transformed into ships of war.

ART. 4. A special commission formed by the ministry of marine, presided over by the director general of the mercantile marine, and composed of a superior naval officer, of a superior official of the central administration of the mercantile marine, and a captain of the port, will lay down the conditions under which the use of vessels referred to in article 3 will be conceded to such administrations, corporations, or societies as may apply for them and may be duly authorized to employ them.

ART. 5. The payment of a monthly rate for charter corresponding to the commercial interest on the real value of the vessel at the time of its requisition shall be included among the conditions attached to the chartering of the vessels in question.

The cost of any important or minor repairs that may be necessary to enable the ship to go to sea shall be deducted from the monthly rate referred to in the previous paragraph.

On the other hand, the charges of upkeep and all other expenses entailed by the running of the vessel shall be defrayed by the administrations, corporations, or societies who have taken it over.

ART. 6. The monthly rates to be paid for charter as conditioned by the preceding article, and minus the deductions provided for in the same, shall be paid into a special and separate fund, to the credit of the parties entitled thereto at the caisse of deposits for seamen in the maritime department of Genoa.

At the end of hostilities the fund will be liquidated in favor of those entitled, in accordance with our dispositions to follow.

We order that the present decree, furnished with the seal of state, be included in the official record of the laws and decrees of the Kingdom of Italy, requiring everyone concerned to observe it and cause it to be observed. Given at Rome this 17th day of June, 1915.

THOMAS OF Savoy. (British Parliamentary Papers, Miscellaneous, No. 18 (1915) Cd. 8104.)

ROYAL DECREE OF JUNE 24, 1915 (No. 1014).

[Translation.) Thomas of Savoy, Duke of Genoa, lieutenant general of His Majesty Victor Emanuel III, by the grace of God and the will of the nation, King of Italy.

In virtue of the authority delegated to us; Whereas the royal decree of the 16th May, No. 659, suspends the application of article 243 of the mercantile marine code during the present international conflict;

Whereas our decree of the 30th May, 1915, No. 814, in substitution of article 243 of the mercantile marine code, lays down rules for the treatment of enemy merchant vessels in the territorial waters of the Kingdom and of the colonies on the outbreak of hostilities;

Whereas our decree of the 17th June, 1915, No. 957, in pursuance of the above-mentioned decree of the 30th May, 1915, No. 814, lays down rules for the use of enemy merchant vessels sequestrated in the ports of the Kingdom and of the colonies;

Having regard to article 244 of the mercantile marine code; 1

In virtue of the extraordinary powers conferred on the Government of the King by the law of the 22d May, 1915, No. 671;

The council of ministers having been consulted;

On the motion of the minister of marine, acting in concert with the president of the council of ministers, the minister of the interior, and with the ministers for foreign affairs, of the colonies, and of grace and justice, and worship;

We have decreed and decree:

ARTICLE 1. If the enemy causes damage to the lives or goods of Italian subjects or citizens by bombarding undefended towns, ports, villages, houses, or other buildings, by destroying unarmed merchantmen, or by committing any hostile acts which are contrary to the principles of the rights of war generally recognized and admitted, the Government of the King are authorized to order the appropriation of the sum required to indemnify Italian subjects or citizens, or their representatives, who have suffered damage from the enemy, from the fund which has been established by the Caisse of Deposits for seamen in the maritime department of Genoa in accordance with the terms of article 6 of our decree of the 17th June, 1915, No. 957.

ART. 2. If the fund established in virtue of article 6 of our decree of the 17th June, 1915, No. 957, should not prove sufficient to indemnify those who have suffered damage in the sense indicated in the preceding article 1, those enemy merchant ships in regard to which the provision

1 Article 244 is as follows (translation): “Vessels sequestrated as indicated above and merchandise loaded on the same which are of enemy property may, according to circumstances, be detained until the conclusion of hostilities or else declared to be good prize.

“In that case the proceeds will go to indemnify, pro rata of the respective interests involved, Italian subjects who have suffered injury from the enemy, subject to the observance of the rules and procedure established above, both in regard to judgment as to the legitimacy of the prize and in the liquidation connected therewith.”

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