« AnteriorContinuar »
necessity of stopping and seizing a merchant vessel of the allied nation, you will take care
1. To draw up a report (or procès-verbal), stating the place, the date, and the motive of the arrest, the name of the vessel, that of the captain, the number of the crew; and containing besides an exact description of the state of the vessel and her cargo;
2. To collect and place in a sealed packet, after having made an inventory of them, all the ship's papers, such as registers, passports, charterparties, bills of lading, invoices, and other documents calculated to prove the nature and the ownership of the vessel and of her cargo;
3. To place seals upon the hatches;
4. To place on board an officer, with such number of men as you may deem advisable, to take charge of the vessel, and to ensure its safe conduct;
5. To send the vessel to the nearest port belonging to the Power whose flag it carried;
6. To deliver up the vessel to the authorities of the port to which you shall have taken her, together with a duplicate of the report (or procèsverbal), and of the inventory above mentioned, and with the sealed packet containing the ship's papers.
ARTICLE 4 The officer who conducts the captured vessel will procure a receipt proving his having delivered her up, as well as his having delivered the sealed packet and the duplicate of the report (or procès-verbal) and of the inventory above mentioned.
In case of distress, if the captured vessel is not in a fit state to continue its voyage, or in case the distance should be too great, the officer charged to conduct to a port of the allied Power a prize made on the merchant service of that Power, may enter a port of his own country, and he will deliver his prize to the local authority without prejudice to the ulterior measures to be taken for the adjudication of the prize. He will take care, in that case, that the report or procès-verbal, and the inventory which he shall have drawn up, as well as the sealed packet containing the ship's papers, be sent exactly to the proper court of adjudication.
ACCESSION OF RUSSIA TO THE CONVENTION OF NOVEMBER 9, 1914, BE
TWEEN THE UNITED KINGDOM AND FRANCE RELATING TO PRIZES CAPTURED DURING THE PRESENT EUROPEAN WAR
London, March 5, 1915
The Russian Ambassador to Sir E. Grey
Imperial Russian Embassy, London, Sir,
March 5, 1915. In acceding, in the name of my Government, to the convention concluded between Great Britain and France on the 9th November, 1914, I desire to call your excellency's attention to the fact that, according to Russian legislation, the condemnation of enemy cargoes on board merchant vessels of the allied states which enter Russian ports does not appertain to prize court jurisdiction, but is pronounced by the Imperial administrative authorities. It is consequently in this sense that Article 2, paragraph 2, of the aforesaid convention should be interpreted so far as regards Russia.
In requesting your excellency to take note of this communication in the name of His Britannic Majesty's Government, I have, &c.
The undersigned, Ambassador Extraordinary and Plenipotentiary of His Majesty the Emperor of Russia, duly authorized to that effect, hereby declares, in the name of his Government, their accession to the convention concluded between Great Britain and France on the 9th November, 1914.
In witness whereof the undersigned has signed the present Declaration.
BENCKENDORFF. London, March 5, 1915.
1 Great Britain, Treaty Series, 1915, No. 4.
Sir E. Grey to the Russian Ambassador
Foreign Office, March 12, 1915. I have the honor to acknowledge the receipt of your excellency's note of the 5th instant, conveying the formal accession of Russia to the convention relating to prizes captured during the present war, which was concluded between Great Britain and France on the 9th November, 1914.
Due note has been taken of this communication, a certified copy of which will, in accordance with Article 9 of the convention, be forwarded by His Majesty's Government to the Government of the French Republic.
I have, &c. His Excellency the
E. GREY. Count Benckendorff, &c.
RULES AND REGULATIONS FOR THE OPERATION AND NAVIGATION OF THE
PANAMA CANAL AND APPROACHES THERETO, INCLUDING ALL WATERS UNDER ITS JURISDICTION
Executive Order, No. 1990, July 9, 1914
1. The following Rules and Regulations pertaining to the Operation and Navigation of the Panama Canal are published for the benefit of all vessels coming within its jurisdiction, and masters of vessels, or their agents, one or both, desiring to use the Canal and terminal ports, or any of the waters, must observe them.
2. Any person violating any of the provisions of the rules and regulations established hereunder shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of five hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment, at the discretion of the court.
3. After entering, no vessel shall leave one of the terminal ports for the purpose of passing further into the Canal until authority in proper form has been given by the Captain of the Port.
4. The Canal authorities may deny any vessel the privilege of passing through the Canal the cargo of which is of such a nature that it might, in any way, endanger the locks, wharves, equipment, or any part of the Canal, by being explosive or highly inflammable. The further right is reserved to them to impose such safety regulations as they may see fit upon any such vessel while in Canal waters.
5. Vessels desiring to pass through the Canal, whose cargoes consist of high explosives, should, when practicable, so report and obtain permission from the Canal authorities to use the Canal before leaving their ports of departure.
6. In any case where the condition of the cargo, hull, or machinery is such that it is liable to endanger or obstruct the Canal, permission to pass through may be refused until steps have been taken to remedy the defect.
7. All vessels having a specially dangerous cargo, such as explosives or oils of any kind, shall fly a red flag by day at the masthead, and hoist a red lantern at night.
8. The following information must be ready for immediate delivery upon the arrival of the ship in port; name of vessel, nationality, name of master, date and time of arrival, port of departure, date of departure, port of destination, length, draft, beam, registered tonnage, crew and passenger list, and character of cargo; the bill of health should also be ready for presentation.
9. The Canal authorities may dispatch vessels through the Canal in any order and at any time they may see fit; priority of arrival at a terminal does not give any vessel the right to pass through the Canal ahead of another that may arrive later, although this will be a consideration in determining the order of passage.
10. The Canal authorities may hold a vessel for the purpose of investigating any report made against her by the proper persons, for the violation of the rules of the Canal or the laws of the Canal Zone, or of the United States, or for the investigation or adjustment of any claims or disputes that may arise on either side; but no vessel shall have any claim for damages against the Canal for any delay in consequence thereof.
Pilots and Movements of Vessels
11. Vessels will not be allowed to enter or depart from terminal ports between sundown and sunrise without having obtained permission from the proper authorities. This will not be interpreted to mean that a vessel in danger or distress will be prohibited from entering a terminal port at any time in case of necessity or emergency; but such vessel should, when practicable, give due notice in advance, by radio or otherwise, and obtain a pilot if possible; nor shall this be interpreted to prevent a vessel from anchoring just inside of the breakwater in the outer harbor at the Atlantic terminal, or to seaward of the entrance to the dredged channel on the Pacific side, between sundown and sunrise.
12. Except when exempted from the operation of this rule by the Governor of the Panama Canal, no vessel will be allowed to pass through the Canal, enter or leave a terminal port, maneuver, shift berth, go alongside of or leave any wharf or dock in canal waters without having a regularly authorized government pilot on board.
13. Pilotage for vessels in transit through the Canal will be free, nor will they be charged pilotage for entering or leaving a terminal port when it is for the sole purpose of passing through the Canal; but should any such vessel, while in Canal waters, discharge or receive freight or passengers, or take on board supplies, provisions, stores, or fuel, or remain for the purpose of effecting repairs, or make either terminal a port of call, she may be liable for entrance or departure pilotage, as the Canal authorities may direct.
14. Pilotage in and out of the Atlantic and Pacific terminals of the Canal is compulsory, and all vessels, unless otherwise exempted, will be compelled to take a regular government pilot upon entering or leaving. The fact that the master or any officer of any vessel holds a pilot's license for any of the waters of the Canal Zone will not authorize the vessel to enter without taking a government pilot. 15. No person, steamer, company or corporation will be allowed to
or employ pilots in Canal waters for the exclusive use of their own or any other vessels; all pilots, without exception, must be duly authorized and licensed by the Canal authorities and be in the employ of the Canal. This shall not be interpreted to mean that the Canal authorities shall be prohibited from issuing restricted pilot licenses for small craft in Canal waters, or any other that they may see fit.
16. Pilots will meet incoming vessels inside of the breakwaters at the Atlantic terminal, and outside of the seaward end of the dredged channel at the Pacific terminal; should there be any delay, vessels may anchor just inside of the Atlantic breakwaters or to seaward of the Canal entrance on the Pacific side, make the usual signal for a pilot and await his