Imágenes de páginas
PDF
EPUB

ARTICLE XXII

The stipulations of the present treaty shall not be applicable to any of his Britannic Majesty's colonies, possessions or protectorates beyond the seas, unless notice of adhesion shall have been given on behalf of any such colony, possession, or protectorate by His Britannic Majesty's representative in Central America, before the expiration of one year from the date of the exchange of the ratifications of the present treaty.

Nevertheless, the goods produced or manufactured in any of His Britannic Majesty's colonies, possessions, and Protectorates, shall enjoy in Honduras complete and unconditional most-favored-nation treatment, so long as such colony, possession or protectorate shall accord to goods the produce or manufacture of Honduras treatment as favorable as it gives to the produce or manufacture of any other foreign country.

ARTICLE XXIII The stipulations contained in this treaty providing for the mutual accord of the treatment of the most favored nation shall not be held to be applicable to the special concessions which Honduras may have accorded or may in future accord to other Central American Republics.

ARTICLE XXIV

The present treaty shall be ratified and the ratifications shall be exchanged at Guatemala as soon as possible. It shall come into force immediately upon ratification and shall be binding during ten years from the day of its coming into force. In case neither of the contracting parties shall have given notice to the other, twelve months before the expiration of the said period of ten years, of the intention to terminate the present treaty it shall remain in force until the expiration of from the day on which either of the contracting parties shall have denounced it.

As regards, however, the British Colonies, possessions, and protectorates which may have adhered to the present treaty, in virtue of Article XXII, either of the contracting parties shall have the right to terminate it, separately, at any time, on giving twelve months' notice to that effect.

It is understood that the stipulations of the present article and of Article XXII, referring to British colonies, possessions or protectorates, apply, also, to the Island of Cyprus.

In witness whereof, the respective plenipotentiaries have signed the present treaty and have affixed thereto their seals.

Done in two originals at the city of Guatemala, the fifth day of May one thousand nine hundred and ten.

(L. S.) LIONEL CARDEN.
(L. S.) MANUEL F. BARAHONA.

ITALIAN DECREES RELATIVE TO ENEMY MERCHANT VESSELS, TOGETHER

WITH THE ITALIAN NAVAL PRIZE REGULATIONS

1

No. 1

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 Article 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 VIth and the XIth 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 22nd 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;

1 British Parliamentary Papers, Miscellaneous, No. 18 (1915). (Cd. 8104.)

We have decreed and decree:

Article 1. All enemy merchant 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.

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 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 XIth 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.

No. 2

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 22nd 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:

Article 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.

2 See No. 2.

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 the 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 been 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

3 See No. 1.

« AnteriorContinuar »