of State for Foreign Affairs has received from His Majesty's Ambassador at Rome the following translations of decrees and regulations which have been issued with regard to the Italian Prize Court. In this connection, reference is also made to the regulations published in the "London Gazette" of the 19th instant :-* (Translation.) 1. Decree of May 30, 1915, No. 807. Thomas, Duke of Genoa, Lieutenant-General of His Majesty Victor Emmanuel III, &c. In virtue of the authority delegated to us; In view of Article 225 of the Code for the Mercantile Marine; In view of the state of war existing between the Kingdom of Italy and other European Powers, after consultation with the Council of Ministers; On the proposal of the Minister of Marine, in concert with the Ministers of Foreign Affairs, of Colonies, of Justice and Worship, we have decreed and we decree: ART. 1. The Prize Court provided for in Article 225 of the Mercantile Marine Code will have its seat in Rome, and will have authority also for the colonies. 2. The Prize Court will be presided over by a first president of the Court of Appeal, active or retired, or by a president of a section of the Court of Cassation, active or retired. It will be composed of the following ordinary and supplementary members: Ordinary members: (a.) An admiral. (b.) A member of the "contentieux diplomatique." (c.) A Counsellor of State. (d.) The Director-General of the Mercantile Marine. (e.) The inspector of the port captaincies. (f) A Magistrate of the legal profession, having rank not inferior to that of a Counsellor of Court of Appeal. In categories (a), (b), (c), and (f) a supplementary member will be selected. 3. A Government Commissioner will initiate the proceedings in the name of the Government, and will record his opinions. A Magistrate of the Public Ministry, of a rank not inferior to a King's Procurator, will act as Government Commissioner. case of absence or other impediment another Magistrate of the Public Ministry will take his place. In The Government Commissioner and the supplementary Commissioner, when the latter is taking the former's place, have no voice in the discussions, and no vote. 4. The Prize Court will be attended by a secretary, having * Page 335. no vote, selected from among the officials at the Admiralty, of a rauk not inferior to that of Commander. The secretary will be assisted by a vice-secretary, who replaces him in case of temporary absence. The vice-secretary will be selected from among the officials of the Ministries of Foreign Affairs, Marine, and Grace, Justice, and Worship, of a rank not inferior to that of first secretary. 5. The president, the ordinary and supplementary members of the Prize Court, the Government Commissioners and the supplementary Commissioners, and the secretary will be appointed by decree, on the recommendation of the Ministers of Marine, Foreign Affairs, and Justice. The vice-secretary is appointed by decree of these Ministers. 6. The Prize Court will draw up, at its first sitting, rules of procedure for its future guidance. These rules will be published in the "Official Gazette.' 7. Five members constitute a quorum, including the president or his substitute. The president or his substitute will have the casting vote. 8. Interested parties may present written memorials direct to the President of the Court. 9. The representatives of foreign Powers accredited to the Italian Government may address to the Government Commissioner any observations which they may think advisable in the interests of their nationals. 10. The decisions of the Court will include an exposition of the grounds on which they are based (sono motivate). They are not subject to appeal, opposition, or revocation, except when taken to the Supreme Court of Cassation in the terms and conditions laid down in Article 3 of the law of 31st March, 1877, No. 3761 (series 2). 11. The decisions of the Prize Court will be communicated to the Ministries of Foreign Affairs and Marine within eight days of their pronouncement. 12. The expenses of the secretariat and other incidental expenses for the working and service of the Prize Court will be charged to the extraordinary funds placed at the disposal of the Ministry of Marine in consequence of the international situation. We order that the present decree, sealed with the seal of State, shall be inserted among the laws and decrees of the Kingdom of Italy, commanding all concerned to obey it and cause it to be obeyed. Given at Rome, May 30, 1915. (Translation.) THOMAS OF SAVOY. 2. Decree of August 1, No. 1234. ART. 1. The Prize Court established by our Decree No. 807 of 30th May, 1915, is empowered to deal with all claims for See amended version in (2). compensation for losses presented against the State for matters pertaining to the exercise of the prize law during the present state of war. The proceedings leading up to a decision by the Court in such cases shall begin by the presentation of the claim to the Ministry of Marine, and shall follow the course laid down in the rules to be drawn up for this purpose in the administrative regulations of the Prize Court. 2. The following text shall be substituted for Article 12* of our Decree No. 807 of the 30th May, 1915: "Article 12. The amounts of the indemnities and salaries to be paid to those constituting the Prize Court, and to the secretary and vice-secretary, shall be fixed by decrees of the Ministry of Marine, to be registered at the Audit Office under the heading of War Expenditure,' in the budget of the Ministry of Marine." 3. The present decree comes into force from the 30th May, 1915, the date on which the Prize Court was established, in accordance with our Decree of the 30th May, 1915, No. 807. 3. Regulations laid down by the Italian Prize Court, September 13, (Translation.) 1915. ART. 1. The application to exercise the right of action for obtaining compensation for losses, provided for by Article 1 of the Decree of His Majesty's Lieutenant of August 1, 1915, No. 1234, must contain : (a.) The Christian and surname, or trading name, nationality, and residence or domicile of the claimant. (b.) A summary of the circumstances on which the claim for compensation is based. (c.) A statement of the amount of payment claimed. (d.) The domicile elected in Rome, indicating the person with whom or office where domicile has been elected. (e.) A list of the documents produced in support of the application, and a declaration of the evidence which the claimant considers necessary. (f) The signature of a lawyer practising at a Royal Court of Appeal, furnished with a special power of attorney. In case of non-election of domicile, notifications to the claimant are made by depositing them in the office of the secretary of the Prize Court. 2. The Ministry of Marine transmits the application, with all documents in support, to the Government Commissioner on the Prize Court, notifying the president of the fact. The Government Commissioner expresses his opinion on the application, and, when necessary, submits documents and suggests means for obtaining further evidence. 3. Judgment on the application is given in the form laid * Page 346. down by the Internal Regulations of the Prize Court for the judgment of legality of capture, approved at the sitting of June 26, with the following exceptions: (A.) The Presidential Decree referred to in Article 6 of the Internal Regulations is not published in the "Official Gazette," nor communicated to the diplomatic agents, but is immediately notified to the claimant at his elected domicile. (B.) The period laid down in Article 7 of the Internal Regulations counts from the date of such notification. (C.) The Order referred to Article 11 of the Internal Regulations is not published in the "Official Gazette.” 4. When an application for compensation has relation to facts connected with the judgment on the legality of capture sought for or pending, and the period provided by Article 7 of the Internal Regulations has terminated, the president is authorized, after consultation with the Government Commissioner, to order the co-ordination of the two Judges by means of a notice to be communicated to the parties interested. When the application is presented after the preliminary examination into the legality of capture has been closed, the co-ordination of the judgments can only take place on application from the party interested. The latter, however, in this case is not allowed to put forward proofs. When the application for compensation for losses has been presented after the fifth day from the closing of the preliminary examination, the order for the fusion of judgments may only be given on the application of the parties already constituted in the action regarding legality of capture. 5. When the Court decides that compensation for loss is due, it can order the parties to submit to an ordinary Judge the decision of questions relating to the distribution of the sums awarded by the Court, and the existence or non-existence of debts claimed by those who are entitled to the aforesaid sums. 6. The application, the power of attorney, and the documents produced by the claimant, as also the acts submitted by him to judgment, are subjected to the provisions of the laws regarding stamps and registration. The provisions and deliberations of the Prize Court respecting compensation for loss are also subject to the provisions of such laws, provided the judgment on compensation is not co-ordinated with that on the legality of capture. On presenting his application the claimant should deposit with the secretary of the Prize Court the sheets of stamped paper required for the acts to be submitted to the Court at his request. When the judgment on compensation for losses is not co-ordinated with that on the legality of capture, the claimant should also deposit the sheets of stamped paper necessary for the provisions and deliberations of the Court. The claimant must, in presenting his application, deposit with the secretary *See page 336. the presumed amount of the registration fee to which the deliberations of the Court are liable. The claimant should, finally, deposit with the secretary the sum which the latter shall judge necessary for the execution of the acts of the preliminary examination required of him. 7. In case of non-fulfilment of the provisions of the last paragraph of the preceding Article, the Commission passes judgment on the acts as they stand; in case of non-compliance with the other provisions of the aforesaid Article and those of Article 1, the Court sitting in the Chamber of Council suspends judgment until this has been rectified. The declaration of suspension is notified to the claimant at his elected domicile. 8. The Court, even in cases in which it accepts the demand for compensation, is empowered to allow costs wholly or in part. BRITISH ORDER OF COUNCIL further varying the Orders relative to the Prohibition of Exports.-London, November 3, 1915."* At the Council Chamber, Whitehall, the 3rd day of November, 1915. 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 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,"s 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 1 of "The Customs (Exportation Pro "London Gazette," + Vol. CVIII, page 39. November 3, 1915. § Vol. XCII, page 1284. |