This Proclamation may be cited as "The Prohibition of Import (No. 4) Proclamation, 1916." Given at our Court at Buckingham Palace, this 30th day of March, in the year of our Lord 1916, and in the 6th year of our Reign. God save the King! BRITISH ORDER IN COUNCIL removing certain doubts in regard to and amending "The Declaration of London Order in Council No. 2, 1914."-London, March 30, 1916.* At the Court at Buckingham Palace, the 30th day of PRESENT THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL. WHEREAS by "The Declaration of London Order in Council No. 2, 1914,"† His Majesty was pleased to direct that during the present hostilities the provisions of the Convention known as the Declaration of London should, subject to certain omissions and modifications therein set out, be adopted and put in force by His Majesty's Government; and Whereas doubts have arisen as to the effect of Article 1 (iii) of the said Order in Council on the right to effect the capture of conditional contraband on board a vessel bound for a neutral port; and Whereas it is expedient to put an end to such doubts and otherwise to amend the said Order in Council in the manner hereinafter appearing; and Whereas by Article 19 of the said Declaration it is provided that whatever may be the ulterior destination of a vessel or her cargo, she cannot be captured for breach of blockade if, at the moment, she is on her way to a non-blockaded port; and Whereas it is no longer expedient to adopt Article 19 of the said Declaration. Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, as follows: 1. The provisions of "The Declaration of London Order in Council No. 2, 1914,' shall not be deemed to limit or to have limited in any way the right of His Majesty, in accordance with the law of nations, to capture goods upon the ground that they * "London Gazette," March 30, 1916. † Vol. CVIII, page 156. Vol. CIV, page 239. are conditional contraband, nor to affect or to have affected the liability of conditional contraband to capture, whether the carriage of the goods to their destination be direct or entail transhipment or a subsequent transport by land. 2. The provisions of Article 1 (ii) and (iii) of the said Order in Council shall apply to absolute contraband as well as to conditional contraband. 3. The destinations referred to in Article 30 and in Article 33 of the said Declaration shall (in addition to any presumptions. laid down in the said Order in Council) be presumed to exist, if the goods are consigned to or for a person, who, during the present hostilities, has forwarded imported contraband goods to territory belonging to or occupied by the enemy. 4. In the cases covered by Articles 2 and 3 of this Order, it shall lie upon the owner of the goods to prove that their destination was innocent. 5. From and after the date of this Order, Article 19 of the Declaration of London shall cease to be adopted and put in force. Neither a vessel nor her cargo shall be immune from capture for breach of blockade upon the sole ground that she is at the moment on her way to a non-blockaded port. 6. This Order may be cited as The Declaration of London Order in Council, 1916." 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. ALMERIC FITZROY. BRITISH ORDER OF COUNCIL further varying the Orders relative to the Prohibition of Exports.London, March 30, 1916.* At the Council Chamber, Whitehall, the 30th day of March, 1916. BY THE LORDS OF HIS MAJESTY'S MOST HONOURABLE PRIVY COUNCIL. WHEREAS it is provided by section 2 of the Customs (Exportation Prohibition) Act, 1914,"† that any Proclamation or Order in Council made under section 8 of "The Customs and Inland * "London Gazette." March 30, 1916. ↑ Vol. CVIII, page 39. Revenue Act, 1879," as amended by the Act now in recital, may, whilst a state of war exists, be varied or added to by an Order made by the Lords of the Council on the recommendation of the Board of Trade: And whereas it is provided by section 2 of "The Customs (Exportation Restriction) Act, 1914,"* that any Proclamation. made under section 1 of "The Exportation of Arms Act, 1900,''† may, whether the Proclamation was made before or after the passing of the Act now in recital, be varied or added to, whilst a state of war exists, by an Order made by the Lords of the Council on the recommendation of the Board of Trade : And whereas by a Proclamation, dated the 28th day of July, 1915, and made under section 8 of "The Customs and Inland Revenue Act, 1879," and section 1 of "The Exportation of Arms Act, 1900, and section I of "The Customs (Exportation Prohibition) Act, 1914," the exportation from the United Kingdom of certain articles to certain or all destinations was prohibited: And whereas by subsequent Orders of Council the said Proclamation was amended and added to in certain particulars: And whereas there was this day read at the Board a recommendation from the Board of Trade to the following effect: That the Proclamation, dated the 28th day of July, 1915, as amended and added to by subsequent Orders of Council, should be further amended by making the following amendments in and additions to the same : (1.) That the exportation of the following goods should be prohibited to all destinations: Gum tragacanth; Silica bricks. (2.) That the heading "Silk, Shantung, in the piece" in the list of goods the exportation of which is prohibited to all destinations should be deleted. (3) That the exportation of the following goods should be prohibited to all destinations abroad other than British Possessions and Protectorates: Chemicals, drugs, etc. : Guaiacol and guaiacol carbonate; Stramonium leaves and seeds; Hypodermic syringes; Silk and silk manufactures, the following: Broad silks of all kinds, whether all silk or of silk mixed with other yarns (except with artificial silk yarn or metal threads) in the grey or discharged, undyed, dyed or printed, but unweighted; * Vol. CVIII, page 48. + Vol. CIX, ↑ Vol. XCII, page 1284. page 294. Schappe and spun yarns; Silk, raw or thrown; Silk waste. (4.) That the heading "Gums, resins, balsams, and resinous substances of all kinds, except such as contain caoutchouc" in the list of goods the exportation of which is prohibited to all foreign countries in Europe and on the Mediterranean and Black Seas, other than France, Russia (except through Baltic ports), Italy, Spain and Portugal should be deleted, and there be substituted therefor the heading: Gums, resins, balsams and resinous substances of all kinds, except such as contain caoutchouc, and except gum tragacanth. (5.) That the exportation of the following goods should be prohibited to all foreign countries in Europe and on the Mediterranean and Black Seas, other than France, Russia (except through Baltic ports), Italy, Spain and Portugal :— Leather, varnished, japanned or enamelled; Leather waste; Rock crystal; Spices, all kinds of, other than pepper, but including pimento; Starch, including dextrine, farina and potato flour. Now, therefore, Their Lordships, having taken the said recommendation into consideration, are pleased to order, and it is hereby ordered, that the same be approved. Whereof the Commissioners of His Majesty's Customs and Excise, the Director of the War Trade Department, and all other persons whom it may concern, are to take notice and govern themselves accordingly. ALMERIC FITZROY. BRITISH ORDER IN COUNCIL applying the provisions of "The Colonial Probates Act, 1892," to the Colony of Sierra Leone.-London, March 30, 1916.* At the Court at Buckingham Palace, the 30th day of March, 1916. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Lord President. Lord Steward. WHEREAS by section 1 of "The 1892," it was enacted as follows: Mr. Runciman. Sir Frederick Ponsonby. "Her Majesty the Queen may, on being satisfied that the Legislature of any British Possession has made adequate pro* "London Gazette," April 4, 1916. + Vol. LXXXIV, page 700. vision for the recognition in that Possession of all Probates and Letters of Administration granted by the Courts of the United Kingdom, direct by Order in Council that this Act shall, subject to any exceptions and modifications specified in the Order, apply to that Possession, and thereupon while the Order is in force, this Act shall apply accordingly : And whereas His Majesty the King is satisfied that the Legislature of the British Possession hereinafter mentioned has made adequate provision for the recognition in that Possession of Probates and Letters of Administration granted by the Courts of the United Kingdom: Now, therefore, His Majesty, by virtue and in exercise of the powers by the above recited Act in His Majesty vested, is pleased, by and with the advice of His Most Honourable Privy Council, to order, and it is hereby ordered, as follows: "The Colonial Probates Act, 1892," shall apply to the British Possession hereunder mentioned: The Colony of Sierra Leone. And the Right Honourable Andrew Bonar Law, one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein accordingly. ALMERIC FITZROY BRITISH ORDER IN COUNCIL applying the provisions of "The Colonial Probates Act, 1892," to the Sierra Leone Protectorate and the Uganda Protectorate.-London, March 30, 1916.* At the Court at Buckingham Palace, the 30th day of March, 1916. PRESENT: THE KING'S MOST EXCELLENT MAJESTY. Lord President. Mr. Runciman. Sir Frederick Ponsonby WHEREAS by "The Foreign Jurisdiction Acts, 1890t and 1913," it is, among other things, provided that it shall be lawful for His Majesty in Council by Order to direct that "The Colonial Frobates Act, 1892,"§ shall extend, with or without any exceptions, adaptations, or modifications, in the Order mentioned, to any Foreign Country in which for the time being His Majesty has jurisdiction, and that thereupon that Act shall, to the extent of that jurisdiction, operate as if that Country were a British * "London Gazette," April 4, 1916. † Vol. LXXXII, page 656. [1916. cx.] Vol. CVI, page 38. § Vol. LXXXIV, page 700. N |