at the end of successive periods of six years, of which the first will begin at the end of the period of twelve years. Such denunciation must be notified in writing, at least one year in advance, to the British Government, which shall inform all the other powers. It will only operate in respect of the power which shall have made the notification. ART. 70. The powers represented at the London Naval Conference attach particular value to the general recognition of the rules which they have adopted, and express the hope that the powers which were not represented there will adhere to the present declaration. They request the British Government to invite them to do so. A power which desires to adhere notifies its intention in writing to the British Government, in transmitting the act of adhesion, which will be deposited in the archives of the said Government. The said Government shall forthwith transmit to all the other powers a duly certified copy of the notification, as also of the act of adhesion, stating the date on which such notification was received. The adhesion takes effect sixty days after such date. The position of the adhering powers shall be in all matters concerning this declaration similar to the position of the signatory powers. ART. 71. The present declaration, which shall bear the date of the 26th February, 1909, may be signed in London until the 30th June, 1909, by the plenipotentiaries of the powers represented at the Naval Conference. In faith whereof the plenipotentiaries have signed the present declaration and have thereto affixed their seals. Done at London, the 26th day of February, 1909, in a single original, which shall remain deposited in the archives of the British Government, and of which duly certified copies shall be sent through the diplomatic channel to the powers represented at the Naval Conference. INDEX. Acts forbidden.. augmenting force of ships. entering service.. fitting or arming vessels. use of waters. Air craft, Panama Canal Zone. Ammunition, German embargo on.... Arming or fitting vessels. Arms, German embargo on.. manufacture of... sale of.. Asia Minor, notice of blockade.. Austria-Hungary, attitude toward Declaration of London. Page 8 10 8 8 9, 10 9 14 70 8 70 10 10 101 94 18 18, 23 18, 27 27 12, 15 57 57 18 11, 101 101 10 10 114 16 10, 103 17 29 113 16 93-117 33 13 16 57 57 57-64 63 58 60 64-92 70 70 64 86 65 Hague, XI, 1907, bombardment. Contraband of war. Convention, Hague, VI, 1907, status of enemy merchant ships.. CHAPTER V.-Transfer of flag.1 ART. 55. The transfer of an enemy vessel to a neutral flag, effected before the opening of hostilities, is valid, unless it is proved that such transfer was made in order to evade the consequences which the enemy character of the vessel would involve. There is, however, a presumption that the transfer is void if the bill of sale is not on board in case the vessel has lost her belligerent nationality less than sixty days before the opening of hostilities. Proof to the contrary is admitted. There is absolute presumption of the validity of a transfer effected more than thirty days before the opening of hostilities if it is absolute, complete, conforms to the laws of the countries concerned, and if its effect is such that the control of the vessel and the profits of her employment do not remain in the same hands as before the transfer. If, however, the vessel lost her belligerent nationality less than sixty days before the opening of hostilities, and if the bill of sale is not on board, the capture of the vessel would not give a right to compensation. ART. 56. The transfer of an enemy vessel to a neutral flag, effected after the opening of hostilities, is vo'd unless it is proved that such transfer was not made in order to evade the consequences which the enemy character of the vessel would involve. There is, however, absolute presumption that a transfer is void: (1) If the transfer has been made during a voyage or in a blockaded port. (2) If there is a right of redemption or of reversion. (3) If the requirements upon which the right to fly the flag depends according to the laws of the country of the flag hoisted have not been observed. CHAPTER VI.-Enemy character. ART. 57. Subject to the provisions respecting the transfer of flag, the neutral or enemy character of a vessel is determined by the flag which she has the right to fly.2 1 See 2 (g) Italian Regulations, July 15, 1915, p. 115. 2 File No. 763.72112/1803.] Ambassador W. H. Page to the Secretary of State. [Telegram.] AMERICAN EMBASSY, London, October 28, 1915. Following is text of order in council, dated October 20, 1915: "Whereas by the Declaration of London, order in council, No. 2, 1914, His Majesty was pleased to declare that during the present hostilities the provisions of the said Declaration of London should, subject to certain exceptions and modifications therein specified, be adopted and put in force by His Majesty's Government; and "Whereas by article 57 of the said declaration, it is provided that the neutral or enemy character of a vessel is determined by the flag which she is entitled to fly; and "Whereas it is no longer expedient to adopt the said article: "Now, therefore, His Majesty, by and with the advice of his privy council, is pleased to order, and it is hereby ordered, that from and after this date article 57 of the Declaration of London shall cease to be adopted and put in force. "In lieu of the said article, British prize courts shall apply the rules and principles formerly observed in such courts. "This order may be cited as 'The Declaration of London order in council, 1915.' The case in which a neutral vessel is engaged in a trade which is reserved in time of peace remains outside the scope of, and is in no wise affected by, this rule. ART. 58. The neutral or enemy character of goods found on board an enemy vessel is determined by the neutral or enemy character of the owner. ART. 59. If the neutral character of goods found on board an enemy vessel is not proven, they are presumed to be enemy goods. ART. 60. The enemy character of goods on board an enemy vessel continues until they reach their destination, notwithstanding an intervening transfer after the opening of hostilities while the goods are being forwarded. If, however, prior to the capture, a former neutral owner exercises, on the bankruptcy of a present enemy owner, a legal right to recover the goods, they regain their neutral character. CHAPTER VII.-Convoy.1 ART. 61. Neutral vessels under convoy of their national flag are exempt from search. The commander of a convoy gives, in writing, at the request of the commander of a belligerent ship of war, all information as to the character of the vessels and their cargoes, which could be obtained by visit and search. ART. 62. If the commander of the belligerent ship of war has reason to suspect that the confidence of the commander of the convoy has been abused, he communicates his suspicions to him. In such a case it is for the commander of the convoy alone to conduct an investigation. He must state the result of such investigation in a report, of which a copy is furnished to the officer of the ship of war. If, in the "And the lords commissioners of His Majesty's treasury, the lords commissioners of the admiralty, and each of His Majesty's principal secretaries of state, the president of the probate, divorce, and admiralty division of the high court of justice, all other judges of His Majesty's prize courts, and all governors, officers, and authorities whom it may concern, are to give the necessary directions herein as to them may respectively appertain.' File No. 763.72112 1805.] Ambassador Sharp to the Secretary of State. [Telegram.] PAGE. AMERICAN EMBASSY, Paris, October 26, 1915. Following decree published in Journal Officiel to-day: "Article 1. The provisions of article 57, paragraph 1, of the Declaration signed at London, February 26, 1909, relating to naval warfare, shall be applied during the present war, with the following modification to it whenever it is established that a ship flying an enemy flag belongs in fact to the nationals of a neutral or an allied country, or conversely that a ship flying a neutral or allied flag belongs in fact to nationals of an enemy country, or to parties residing in an enemy country, the ship shall accordingly be considered neutral, allied, or enemy. "Article 2. The president of the council, minister for foreign affairs, and the minister of marine, each in his province, are charged with the execution of this decree." 1 See 10 Italian Regulations, July 15, 1915, p. 116. 23057-16-8 SHARP. |