i ilfifl i % mi THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES NOTE. Supplements to this Manual will be issued from time to time as new Emergency Legislation requires. LJ- -eK>*^AO/ I\I A XUAL OP EMERGENCY LEGISLATION COMPRISING; all Tin: ACTS OF PARLIAMENT, PROCLAMATIONS, ORDERS, &C, PASSED AND MADE IN CONSEQUENCE OF THE WAR TO SEPTEMBER 30th, 1914. Edited by ,gU TlSAL \S & NDER PULLING, C;D., -A_1j11i.\.A A jl. Of Trinity College, Cambridge, and of the Inker Temple. Barrister- at-Law. PUBLISHED BY AUTHORITY. LONDON: PRINTED FOR FREDERICK ATTERBURY, Esq., C.B , KING'S PRINTER OF ACTS OF PARLIAMENT. AND UNDER THE AUTHORITY OF HIS MAJESTY'S STATIONERY OFFICE, By Darling & Son, Ltd., Bacon Street, E. To be purchased, either directly or through any Bookseller, from WYMAN AND SONS, LTD., 29, BREAMS BOTLDINOS, FETTER LANE, B.C., and 54, St. maky Street, Cardiff ; or II.M. STATIONERY OFFICIO (Scon isii BRANCH), 23, FORTH STREET, EDINBURGH • or E. FuNS' >m;y. Ltd.. 116, Grafton Street. Dublin j or from the Agencies in the British Colonics and Dependencies, the United States of America, the Continent of Europe and Abroad of T. FISH EH UN WIN, LONDON, W.C. September, 191L. Price '6s. tW. jy TABLE OF CONTENTS. I'.IL"- P Prefatory Note iii C/i Chronological Tabic; of Kmcrgeney Legislation ... ... ... ... v-xi 2c Part I.— Notifications ok a State of Wab 1 2 Part II. — Emergency Statutes passed to end of the Session 4 & 5 Geo. V. Table shewing duration, &c, of each Statute ... ... 3, 1 Full text of all these Statutes ... ... ;,-4G Part III. — Emergency Proclamations, Orders, Notifications, Regulations, Rules, Directions, Warrants, General Licences, and Official Notices and ANNOUNCEMENTS made to September 31 it h, 1914, inclusive , 47— 4< <^ Appendix A. — Alphabetical Lists of Goods prohibited to be Exported by Proclamations and Orders of Council : and List of Contraband Goods l'i:;-408 Appendix B.— The Defence of the Realm Act. 1914, and the Defence of the Realm (No. 2) Act, 1914, consolidated, and the Defence of the Realm Regulations, 1914, and amending Regulations (No. 2) and (No. 3), likewise consolidated ... ... ... ... ... 409-417 Appendix C. — The Judicial Committee Rules, 1908, being ths General Rules as to Appeals to the Judicial Committee ... ... ... 417-439 -"* i APPENDIX D. — The Patents, Designs and Trade Marks (Temporary Rules) Acts, 1914, consolidated 439 'APPENDIX E.— Sections 96 to 98 of the Burgh Police (Scotland) Act, 1892, printed as amended and extended to counties by the Special Con- stables (Scotland) Act, 1914 41') A ppendix F. — Provisions of the Police and Police (Scotland) Acts applied by the Police Constables (Naval and Military Service) Act, 1914 ... 441 Appendix G— Convention VI. (Status of Enemy Merchant Ships) and Chapter III. of Convention XI. (Right of Capture in Maritime War) of the Hague Convention of 1907 ... 442-445 APPENDIX H.— The Declaration of Paris of 1856, the Declaration of London of 1909, and the General Report of the Drafting Committee on the Declaration of London ... ... ... ... ... 446-514 a OS SUPPLEMENT comprising Proclamations, &c., made between October 1st and 9th 515-531 [NDEX to the whole of the contents of the Manual, including Editor's Notes. Appendices, and Supplement 532 to end .(5750—15.) Wt. 23250— 165. 6125. 10 14. D & S. G. 10. I Ill PREFATORY NOTE. This Volume comprises the full text of all the Statute s, Proclamations, Orders iu Council, Rules, Regulations, and Notifi- cations (whether subsequently amended, or repealed, or not), which have been passed and made to September 30th, 1914, in direct consequence of the European Crisis of August, 1914, and the ensuing- State of War, with Note-. It is divided into three Parts, of which the first consists of the Notifications of a State of War, the second of what may be termed the " emergency" Statutes in chapter sequence, and the third of the " emergency ' : Proclamations, Orders, &c, grouped under subject headings, and preceded by a chronological Table shewing their dates of issue. Those Acts, Proclamations, Orders, &c, which are now (September 30th) no longer in force are printed in italics. The footnotes afford a guide from the Statutes to the Orders, &c, thereunder and vice versa, and also account for all repeals and amendments. The main text is followed by a series of Appendices comprising certain documents (such as the Declarations of Paris and of London, the Hague Convention, and the Rules as to Appeals to the Judicial Committee) to which, though they are not themselves " Emergency Legislation," considerable reference is in that connection required. The Order in Council of August 20th, 1914 (printed at p. 143), provides that the Declaration of London is to be interpreted by all Courts by the light of the commentary thereon given in the General Report of the Drafting Committee on the Declaration. That Report will be found at pp. 464-514 hereof. The full text of both the Defence of the Realm Act, 1914. and of the Defence of the Realm (No. 2) Act, 1914. is given in Part II., and the full text of both the Defence of the Realm Regulations of August, and of the amending Regulations (Nos. 2 and 3) of September, in Part III. But as the second Act con- siderably modifies the first one, and the effect of the September Regulations is to very largely add to and modify the code fir- 1 issued in August, it has been thought convenient to give the whole of both the two Acts and of the three sets of Regulation- in con- solidated form in Appendix B. The full text of the Acts as given in Part II. and of the Regulations as given in Part III. will be receivable iii evidence: but for reference purposes the consolidated forms in the Appendix may be found more convenient. For like purposes of reference it has been considered convenient to reprint in Appendices Section 1 of the Patents, Designs, and Trade Marks (Temporary Rules) Act, 1914, as amended by the Amendment Act, and to set out both the sections of the Burgh Police (Scotland) Act, 1892, which are amended and extended to counties by the Special Constables (Scotland) Act, 1914, and those sections of the Police and Police (Scotland) Acts which are appli d by the Police Constables (Naval and Military Service) Act. 1914. IV At the end of the Volume will be found an Index to the whole of its contents (including- these Appendices), prefaced by a Note (p. 532) describing- its plan and scope. The present Edition comprises all the legislation so consequent, passed or made as regards Acts of Parliament to the end of the Session 4 & 5 George V. (i.e., September 18th), and as regards other matters to September 30th, 1914, inclusive, and it therefore comprises the Final Postponement of Payments Proclamation and other Proclamations and Orders in Council made by His Majesty that day. This book being printed for the " King's Printer of Acts of Parliament " the copies of Acts therein contained have the same authorisation as separate copies of Acts similarly printed, and similarly purchasable. The book being printed under the authority of His Majesty's Stationery Office, will by virtue of the Documentary Evidence Acts, 1868 to 1895 (31 & 32 Vict. c. 37; 45 & 46 Vict. c. 9; and 58 & 59 Vict. c. 9), Section 36 of the Post Office Act, 1908 (8 Edw. 7, c. 48), and Section 29 (3) of the National Insurance Act, 1913 (3 & 4 Geo. 5, c. 37), be prima facie evidence in any legal pro- ceedings of the Proclamations, Orders or Regulations contained in it which have been made by His Majesty the King, or by the Privy Council, the Treasury, the Admiralty, a Secretary of State, the Board of Trade, the Postmaster-General, the Board of Agri- culture and Fisheries, or the Insurance Commissioners. At the head of such of the Orders, &c, printed in Part III. and the Appendices as are " Statutory Rules and Orders " within the meaning of Section 3 of the Rules Publication Act, 1893 (56 & 57 Vict., c. 66), and of the Regulations thereunder, will be found the numbers under which such Statutory Rules and Orders have, under that section and those Regulations, been printed and put on sale and by which separate copies of them are purchas- able from the official sale agents. Section 3 (2) of the 1893 Act authorises their citation by such numbers and the calendar year. In the case of Orders, &c, which have been gazetted the .late of the first Gazette in which the document was published will be found in the footnotes. Alexander Pulling. The Temple, September 30, 1914. Whilst this work was in the press, the Aliens Restriction (Change of Name) Order has been made by His Majesty in Council, and a further Proclamation made as to Trading with the Enemy. These and other Documents, including the Board of Trade Notice to Importers and Exporters of October 9th, have been printed in the Supplement (pp. 515-531) and carried into the Index at the end of the Manual, which has thus been brought up to the date mentioned below. A P i October 9th, 1914. CHRONOLOGICAL TABLE OF EMERGENCY LEGISLATION, passed between August 1st and September 30th, 1914.(a) [Those Acts, Proclamations, &c, of which the titles are printed in italics are now (September 30th, L914) do Longer in force.] Date. Aug. Aug. 2 Aug. Aug. 4 Title, (b) Page. Notice under Wireless Telegraphy (Foreign Ships) Regula- tions that an Emergency has arisen ... Admiralty Regulations for the Prohibition of the use of Wireless Telegraphy l>y .Merchant Vessels... Proclamation Postponing Payment of certain Bills of Exchange. (1914, No. 1 164) Order of Secretary of State under Aerial Navigation Acts, 1911 and 1913. (1914, No. 1117) Proclamation Calling out Men of Royal Naval Reserve and Royal Fleet Reserve, and Officers and Men of Royal Naval Volunteer Reserve. (1914, No. 1176) Proclamation Extending Services of Time-expired Men in Royal Navy. (1914, No. 1175) Proclamation authorising the Admiralty to requisition any British Ship or British Vessel within British Isles or Waters adjacent thereto. (1914, No. 1247) Proclamation prohibiting Exportation of certain Warlike Stores. (1914, No. 1166) Proclamation appointing August 4th, 5th, and 6th, Bank Holidays. (19 14, No. 1172) Proclamation of Lord Lieutenant appointing August 4th, 5th and 6th, Bank Holidays Order in Council calling Officers of the Reserved and Retired Lists into Active Service and Suspending Compulsory Retirement from the Active List Notification of a State of War with Germany Proclamation Calling out Army Reserve and Embodying Territorial Force. (1914, No. 1174) Proclamation continuing Soldiers in Army Service. (1914, No. 1173) Proclamation regarding the Defence of the Realm. (1914, No 1249) Proclamation specifying Articles to be treated as Contraband of War. (1914, No. 1250) Order in Council as to Government control of the Railroads of Great Britain. (1914, No. 1300) Order in Council as to the Detention of German Ships. (1914, No. 1248) Order in Council for Calling out Militia Reserve of Jersey ... Proclamation giving Notice of Order in Council Calling out Militia Reserve of Jersey Order of His Majesty authorising General or Field Officers to issue Billeting Requisitions ... 402 402 238 47 206 205 386 160 99 100 206 1 87 86 145 108 368 138 191 192 88 (a) As stated in Prefatory Note certain " Emergency Orders" made between October 1st and 9th have been included whilst the Manual was passing through the press. For these see Supplement at end of work, and the Index. (b) The number {e.g., 1914, No. 1164) following a Statutory Rule and Order is that by which such Rule or Order may be cited, see Prefatory Note, page iv. VI Date. Aug. 4 Aug. 5 Aug. 6 Aug. 7 Title, (a) Order of His Majesty authorising General or Field Officers to issue Requisitions of Emergency ... Order of the Lord Lieutenant authorising General or Field Officers in Ireland to issue Billeting Requisitions. ... Order of the Lord Lieutenant authorising General or Field Officers in Ireland to issue Requisitions of Emergency ... Warrant of the Secretary of State empowering the President of the Board of Trade to take possession of all Railroads of Great Britain Army Order 289 of 1914 promulgating Special Rates to be paid for Billeting in cases of Emergency. (1914, No. 1452) Postponement of Payments Act, 1914 (4 & 5 Geo. 5. c. 11) Aliens Restriction Act, 1914 {i & 5 Geo. 5. c. 12) Prize Courts (Procedure) Act, 1914 (4 & 5 Geo. 5. c. 13) ... Proclamation as to Trading with the Enemy. (1014, No. 1252) (rep. by No. 1376, see p. 37S) prohibiting British Vessels from carrying from one Foreign Port to another. (1914, Aug. 8 Proclamation Contraband No. 1251) ... ... ... Proclamation prohibiting Exportation of certain Warlike Stores, Provisions and Victual. (1914, No. 1107) Proclamation prohibiting Exportation of Warlike Stores to certain Countries. (1914, No. 1169) Proclamation as to Financial Assistance to the Enemy. (1914, No. 1253) Order in Council authorising the Admiralty to require the Constitution of a Prize Court (Germany). (1914, No. 1262) Order in Council prescribing the Rules and Tables of Fees to be observed and taken in Prize Proceedings (" The Prize Court Rules, 1914 "). (The Rules thus made as "Provisional Rules " were made " Statutory" by 1914 No. 1407, p. 365)... Order in Council as to Royal Indian Marine Vessels " Hardinge " and " Dufferin." (1914, No. 1178) Aliens Restriction Order, 1914. (1914, No. 1161) {rep. by No. 1374, see. p. 68) Estimate of additional Number of Men required for Army Service ... Currency and Bank Notes Act, 1914 (4 & 5 Geo. 5, c. 14) ... Proclamation (First General) under Postponement of Pay- ments Act, 1914. (1914, No. 1165) Order of Board of Agriculture and Fisheries Suspending Operation of certain Orders ... Electoral Disabilities (Naval and Military Service) Removal Act, 1914 (4 & 5 Geo. 5. c. 25) Army (Supply of Food, Forage, and Stores; Act, 1914 (4 & 5 Geo. 5. c. 2(5) Patents, Designs and Trade Marks (Temporary Rules) Act, 1914 (4 & 5 Geo. 5. c. 27) Notice declaring that Articles III. to VIII. of the Order in Council of Aug. 4th, relating to German Ships in British Ports at the outbreak of hostilities, will not come into operation Notice of proposal to submit the "Provisional Prize Court Rules, 1914 " for making as " Statutory Rules " Defence of the Realm Act, 1914 (4 & 5 Geo. 5. c. 29) Page. 90 88 91 369 89 5 6 8 375 110 164 162 177 248 256 178 48 93 9 239 158 11 11 12 141 364 13 (a) The number (e.g., 1914, No. 1452) following a Statutory Rule and Order is that by which such Rule or Order may be cited, see Prefatory Note, p. iv. Vll Date. Aug. 10 !) M Aug. 11 Aug. 12 Aug. 13 Aug. 14 Aug. 1") Aug. 20 Title, fa) Injuries in War (Compensation) Act, 1914 (4 <£ 5 Geo. 5. \j* iJ\J J ••• •■• ••• ••• ■•• ■•• ii i ••• Police Reservists (Allowances) Act, 1914 (4 & 5 Geo. 5. c. .'54) Unreasonable Withholding of Food Supplies Act, 1914 ( / & S Gen. 5. c. 51 {rep. by 4 <(■ 5 Geo. 5. c. 65, s. 4 (3) p. 23) ... Housing (No. 2) Act," 1914 (4 & 5 Geo. 5. c. 52) Special Constables (Scotland) Act, 1914 (4 & 5 Geo. 5. c. 53) Proclamation prohibiting the Exportation of certain Warlike Stores, Provisions, and Victual. (li'14, \'<>. 1108) Aliens Restriction (No. 2) Order, 1914 {1914, No. 1170) {rep. bij No. 1374, see p. 68) ... Order in Council approving scheme under the Injuries in War (Compensation) Act, 1914. (1914, No. 1177) Order authorising General or Field Officers to issue Requisi- tions of Emergency Order of the Lord Lieutenant authorising General or Field Officers in Ireland to issue Requisitions of Emergency Notification as to the Constitution of the Admiralty Transport Arbitration Board (superseded by Notification of August 31, Ul'i, p. •>."') ... ... ... ... ... ... ... Notification of a State of War with Austria-Hungary Proclamation extending to Austria-Hungary the scope of certain Proclamations and an Order in Council connected with the War. (1914, No. 1254) Proclamation (Second General) under Postponement of Pay- ments Act, 1914. (1914, No. 1230) Order in Council as to Royal Indian Marine " Northbrook" and "Minto." (1914, No. 1232) . Vessels Defence of the Realm Regulations, 1914. (1914, No. 1231) Aliens Restriction (No. 3) Order, 1914. (1014, No. 1229) (rep. by No. 1374, seep. 68) Letter from the Chancellor of the Exchequer to the Bank of England as to Assistance in regard to Bills of Exchange... Royal Warrant under Sign Manual revoking Exequaturs of German or Austro-Hungarian subjects exercising Con- sular functions for any third Power Letter from War Office to Treasury as to Expenditure under Vote of Credit ... Notice declaring that Articles III to VIII of the Order in Council of August 4th, as extended by Proclamation of August 12th to Austro-Hungarian ships in British Ports at the outbreak of hostilities, will come into operation ... Proclamation modifying Proclamations relating to Exporta- tions of certain Warlike Stores, Provisions and Victual. (1914, No. 1259) Order in Council adopting during the present hostilities the provisions of the " Declaration of London " with Modifica- tions. (1914, No. 1260) Page. 14 15 16 17 19 165 63 182 92 92 387 1 97 241 179 146 65 101 106 400 142 168 143 (a) The number (e.g., 1914, No. 1168) following a Statutory Rule and Order is that by which such Rule or Order may be cited, Prefatory Note, p. iv. Vlll Date. Title, (a) Page. Aug. 20 Aug. 21 Aug. 22 Aug. 27 Aug. 28 » •5) Aug. 31 Aliens Restriction (No. 4) Order, 1914. (rep. by No. 1374, see p. 68) (i0i4, 2Ve>. 225S) Order in Council as to Royal Indian Marine Vessel " Dal- housie." (1914, No. 1261) Order in Council authorising Admiralty to require the Con- stitution of a Prize Court (Austria-Hungary). (1914, No. J — ' (i > ) ••• ••• ••• •■■ ••• ••• ••• ••• Treasury Minute as to the Vote of Credit Patents, Designs, and Trade Marks (Temporary) Rules, 1914. (1914, No. 1255) Notice as to Procedure under Rules 2, 3 of Patents, Designs, and Trade Marks (Temporary) Rules, 1914 Trade Marks (Temporary) Rules, 1914. (1914, No. 125G) ... Official Announcement in explanation of Trading with the Enemy Proclamation of August 5th (rep. by 1914, No. 1376, oo6 jj. O(O) ••« ••• ••• ••• ••• ••• ••• Arrangements made in accordance with the Currency and Bank Notes Act, 1914, for placing currency notes at the disposal of the banks (b) Letter from the Treasury to the Bank of England as to Assistance in regard to Bills of Exchange ... Letter from Bank of England in reply to foregoing ... War Loan Act, 1914 (4 & 5 Geo. 5. c. 60) Special Constables Act, 1914 (4 & 5 Geo. 5 c. 61) Isle of Man (War Legislation) Act, 1914 (4 & 5 Geo. 5. c 62) Defence of the Realm (No. 2) Act, 1914 (4 & 5 Geo. 5. c. 63) Customs (Exportation Prohibition) Act, 1914 (4 & 5 Geo. 5. ' ' . ' i i J ••« ■•• ••• ••• ••* ••• ••• ••• Articles of Commerce (Returns, &c.) Act, 1914 (4 & 5 Geo. 5. C. \)0 ) ••• ••• ••» ••• ••• ••• ••• ••• Elementary School Teachers (War Service Superannuation) Act. 1914 (4 & 5 Geo. 5. c. 66) Education (Scotland) (War Service Superannuation) Act, 1914 (4 & 5 Geo. 5. c. 67) Police (Scotland) (Limit of Age) Act, 1914 (4 & 5 Geo. 5. 1 ' . ' • • / ••■ ••• ••• ••• • * • ••• ••• ••« Naval Billeting, &c, Act, 1914 (4 & 5 Geo. 5. c. 70) Housing (No. 2) (Amendment) Act, 1914 (4 & 5 Geo. 5. c. 71) Currency and Bank Notes (Amendment) Act, 1914 (4 & 5 Geo. 5. c. 72) Patents, Designs, and Trade Marks Temporary Rules (Amendment) Act, 1914 (4 & 5 Geo. 5. c. 73) Order in Council providing for cancellation of so much of Proclamation of 1900 as relates to Distribution of Net Proceeds of Naval Prizes (1914, No. 1301) Order of Council withdrawing certain prohibitions on Exportation of Provisions and Victual to Dominions, &c. (1914, No. 1303) Slaughter of Animals Act, 1914 (4 & 5 Geo. 5. c. 75) Death Duties (Killed in War) Act, 1914 (4 & 5. Geo. 5. c. 76) 67 180 250 396 226 229 230 377 136 102 104 20 20 22 22 23 23 25 26 27 28 29 29 30 208 170 31 32 (a) The number (e.g., 1914, No. 1258) following a Statutory Rule and Order is that by which such Rule or Order inav be cited, see Prefatory Note, p. iv. (b) August 27th is the date at which this paper was presented to the House of Commons. IX Title, (a) Page. Aug. 31 Sept. 1 Sept. Sept. Sept. 5 Sept. 7 Sept. 8 Sept. 9 Sept. 10 Sept. 1 1 Intoxicating Liquor (Temporary Restriction) Act, 1914 (4 & 5 Geo. 5. c. 77) ... ... ... ... ... ... ... 33 Courts (Emergency Powers) Act, 1914 (4 & 5 Geo. 5. c. 78) 35 Notification as to the constitution of the Admiralty Transport Arbitration Board ... ... ... ... ... ... 390 Proclamation nadir Postponement of Payments Act, 1014. (1914, No. 1306) (rep. by No. 1324, see v. 244) 242 Defence of the Realm (No. 2) Regulations, l'.il4. (1914, No. 1307) 151 Order of Council withdrawing prohibition on Exportation of Jams, Marmalades and Condensed Milk. (1914, No. 13<)S) 171 Order of Secretary of State as to Carrier and Homing Pigt (superseded by Order of September 21st, p. 157) ... ... 156 Proclamation (Third General) under Postponement of Pay- ments Act. 1914. (1914, No. 1324) 244 Order in Council extending Postponement of Payments Act, 1914 to Isle of Man. (1914, No. 1325) 190 Order prescribing Limit of Age of Persons transferred or appointed to any Police Force in Scotland during continu- ance of War. (1914, No. 1326) 237 Designs (Temporary) Rules, 1914. (1914, No. 1327) ... 233 Statemeut appearing in the Press as to Assistance in regard ! to Bills of Exchange ... 104 Patents and Designs (Temporary) Rules, 1914. (1914, No. 1328) 236 Notice as to Procedure under Rule 1 of the Patents, &c, the Trade Marks, and the Designs (Temporary) Rules ... 235 Order of Council amending Proclamations prohibiting the Exportation of various Articles. (1914, No. 1334) ... 172 Courts (Emergency Powers) Rules, 1914, made by Lord Chan- cellor. (1914, No. 1329) •■■ 115 Trading with the Enemy Proclamation (No. 2). (1914, No. j 1376) 378 Aliens Restriction (Consolidation) Order 1914. (1914, No. lo74) ... ... ... ... ... ... ... ... 68 Special Constables Order, 1914. (1914, No. 1375) ! 370 Order in Council extending the Defence of the Realm Acts. 1914, and the Regulations thereunder to the Isle of Man. (1914, No. 1377) 189 Estimate of Additional Number of Men required for Army OtJIVlvC ••• ••• ••• ■•■ ••• ••• ••• n« \j'X Order of Sm-chtry of Sttih as to Carrier and Homing Pigeons (superseded by Order of September 2l8t, p. 157) ... ... \ 156 County Court Rule as to Postponement of Payments Act. (1914, No. 1335) " 112 Order of Council prohibiting Exportation of Sugar, &c. (1914, No. 1382) 174 Directions of Lord Chancellor under Courts (Emergency Powers) Act. (1914, No. 1379) ^ ... 120 Provisional Regulations of the Insurance Commissioners as to men belonging to the Naval Reserves, the Army Reserve, and the Territorial Force ... 197 Provisional Regulations of the Welsh Insurance Commis- sioners as to men belonging to the Naval Reserves, the Army Reserve, and the Territorial Force (a) The number (e.g., 1914, No. 131)6) following a Statutory Rule and Order is that by which such Rule or Order may be cited, see Prefatory Note, p. iv. Date. Title, (a) Page. Sept. 12 Sept 15 Sept. IB Sept. 17 Sept. 18 5) Sept. 21 )> Sept. 22 Regulations of the Scottish Insurance Commissioners as to men belonging to the Naval Reserves, the Army Reserve, and the Territorial Force (1914 No. 1388) Treasury Order as to County Court Fees under Courts (Emergency Powers) Rules (1914, No. 1387) Army Order XXI as to Special Rates to be paid for Billeting in cases of Emergency. (1914, No. 1453) ... Provisional Regulations of the Irish Insurance Commissioners as to men belonging to the Naval Reserves, the Army Reserve, and the Territorial Force Proclamation authorising the Board of Trade to take Possession of Articles of Commerce unreasonably withheld from the Market. (1914, No. 1403) Courts (Emergency Powers) Order, 1914. (1914, No. 1404)... Special Constables (Scotland) Order, 1914. (1914, No. 1406) Order in Council prescribing the Rules and Tables of Fees to be observed and taken in Prize Proceedings. (" The Prize Court Rules, 1914"). (1914, No. 1407) Order in Council amending the Defence of the Realm Regu- lations, 1914. (1914, No. 1405) Further Directions of Lord Chancellor to County Courts under Courts (Emergency Powers) Act. (1914, No. 1412) Direction of Lord Chancellor relating to Summary Jurisdic- tion Courts under Courts (Emergency Powers) Act. (1914 No. 1413) Courts (Emergency Powers) Rules, 1914, made by Lord Chancellor of Ireland. (1914, No. 1411) Prize Courts (Egypt, Zanzibar and Cyprus) Act, 1914 (4 & 5 Geo. 5, c. 79) Police Constables (Naval and Military Service) Act, 1914 (4 & 5 Geo. 5, c. 80) National Insurance (Navy and Army) Act, 1914 (4 & 5 Geo. 5, c. 81) Bills of Exchange Act, 1914 (4 & 5 Geo, Army Pensions Act, 1914 (4 & 5 Geo. 5. Irish Police Constables (Naval 1914 (4 & 5 Geo. 5. c. 84) Rates (Proceedings for Recovery) Act c. 85) Trading with the Enemy Act, 1914 (4 & 5 Geo. 5. c. 87) ... Suspensory Act, 1914 (4 & 5 Geo. 5. c. 88) Navy (Pledging of Certificates, &c.) Act, 1914 (4 & 5 Geo. o. c. 89) Additional Rule made by Lord Chancellor under Courts (Emergency Powers) Act. (1914, No. 1438.) Proclamation specifying Additional Articles to be treated as Contraband of War. (1914, No. 1410) Order of Secretary of State as to carrier and homing Pigeons ... Licence granted by Secretary of State under Trading with the Enemy Proclamation (No. 2) Memorandum as to Separation Allowances to Wives and Children of Seamen, Marines, and Naval Reservists 5, c 82) 83) and Military Service) "l914'(4 & 5Geo Act, 199 113 90 201 96 114 373 365 154 121 124 127 37 38 39 40 40 41 42 42 46 46 124 111 157 381 209 (a) The number (e.g., 1914, No. 1388) following a Statutory Rule and Order is that by which such Rule or Order may be cited, see Prefatory Note, p. iv. XI Sept. 23 Sept. 25 Sept. 27 Sept. 28 Sept. 30 Not dated Licence granted bj Board of Trade under Trading with fche Enemy Proclamation (No. 2) in connection with patents, designs, and trade marks Order of Council amending Proclamations and Order of Conned prohibiting fche Exportation of various Articles. (1914, No. 1 137) Licence granted by P.oard of Trade under Trading with the Knemy Proclamation (No. 2) respecting payment of freights and other charges in respect of enemy ships Board of Trade Announcement as to British Cargoes in Enemy Ships in Neutral Ports Act of Sederunt under the Courts (Emergency Powers) Act. (1914, No. 1445) Proclamation (Final) under Postponement of Payments Act, 1914. (1914, No. 1446) Proclamation extending the Prohibitions of the Trading with the Enemy Proclamation (No. 2). (1914. No. 1447) Order in Council extending Aliens Restriction Act, 1914 to Isle of Man. (1914, No. 1448) Aliens Restriction (Isle of Man) Order, 1914. (1914, No. 1449) Order in Council conferring jurisdiction in matters of Prize on certain British Courts in Egypt, Zanzibar and Cyprus, and authorising the Admiralty to require the Constitution of Prize Courts (1914, No. 1450) Order in Council (Provisional) amending the Rules to be observed in Prize Proceedings National Health Insurance (Officers, Warrant Officers and Soldiers) (Provisional) Regulations, 1914 Modifications effected in the Army Act as applied to Naval Billeting by the Naval Billeting, &c, Act, 1914. (1914, No. 1468) Modifications effected in the Army Act as applied to Naval Requisitions of Emergency by the Naval Billeting Act, 19U. (1914, No. 1469) Increased Rates of Separation Allowances for Wives and Children of Soldiers : j ,8i 175 383 383 125 246 384 L86 186 253 193 21 -J 220 94 (a) The number (e.g., 1914, No. 1437) following a Statutory Rule and Order is that by which such Rule or Order may be cited, see Prefatory Note,. p. iv. M ANUAL OF EMERGENCY LEGISLATION. [Attention is directed to the Prefatory Note at p. Hi. which describes the scope and arrangement of the Manual.] Part I. NOTIFICATIONS OF A STATE OF WAR. A STATE OF WAR. (a) His Majesty's Government informed the German Government on Augusl Ith, 1914, that, unless a satisfactory reply to the request of His Majesty's Government for an assurance that Germany would respect the neutrality of Belgium was received by midnight of thai day, His Majesty's Government would feel bound to take ;ill steps in their power to uphold that neutrality and the observance of a treaty to which Germany was as much a party as Great Britain . The result of this communication having been that His Majesty's Ambassador ai Berlin had to ask for his passports, His Majesty's Government have accordingly formally notified the German Governmenl thai a stale of war exists between the two countries as from tf p.m. to-day. Foreign Office, August 4th. 1914. NOTICE, (b) Diplomatic relations between France and Austria being broken off, the French Government have requested His Majesty's Govern- ment to communicate to the Austro-Hungarian Ambassador in London the following 1 Declaration: — " Apres avoir declare la guerre a la Serbie et pris ainsi la premiere initiative des hostilites en Europe, le Gouvernement austro-hongrois s'esl mis. sans aucune provocation du Gouverne- ment de la Republique Franchise, en etat de guerre avec la France ; lo. — Apres que I'Allemagne avail successivemenl declare la guerre a la Russie et a la France, il est iutervenu dans ce conflit en declarant la guerre a la Russie qui combattail deja aux cotes de la France. 2o. — D'apres de uombreuses informations digues de foi. I'Autriche a envoye des troupes sur la frontiere allemande, dans des conditions qui constituent une menace directe a L'egard de la France. fa) This Notiticatiou was published in the " Loudon Gazette " of August 7th, 1914. (b) This Notice was published in the "London Gazette" of August 14th, 191-1. 5750 A En presence de cet ensemble de faits, le Gouvernement francais se voit oblige de declarer an Gouvernement austro- hongrois qu'il va prendre toutes les mesures qui lui permettront de repondre a ces actes et a ces menaces." In communicating this Declaration accordingly to the Austro- Hnngarian Ambassador, His Majesty's Government have declared to Ilis Excellency that the rupture with France having been brought about in this way, they feel themselves obliged to announce that a state of war exists between Great Britain and Austria-Hungary as from midnight. Foreign Office, August 12th, 1914. [Attention is directed to the Prefatory Note of p. Hi. which describes the scope and arrangement of the Manual.] Part II. EMERGENCY STATUTES. List of the Emergency Statutes (4 & 5 Geo. 5) printed in this Manual shewing theib duration where expressed to be temporary and the extent to which they aue affected by subsequent statutes, (a) Chap- ter. 11 12 13 14 25 26 27 29 30 34 51 52 53 GO 61 62 63 64 65 Short Title. Page. Duration of Act where temporary and confined to present Emergency. How affected. j Postponement of Pay- ments. Aliens Restriction Prize Courts (Procedure) Currency and Bank Notes Electoral Disabilities (Naval and Military Service) Removal. Army (Supply of Food, Forage, and Stores). Patents, Designs and Trade Marks (Tem- porary Rules). Defence of the Realm ... Injuries in War (Com- pensation). Police Reservists (Allow- ances). Unreasonable withholding of Food, Supplies. Housing (No. 2) Special Constables (Scot- land). War Loan Special Constables Isle of Man (War Legis- lation). Defence of the Realm (No. 2). Customs (Exportation Prohibition). A rticles of Commerce (Returns, &c). 6 8 9 11 11 12 13 14 15 16 17 19 20 2( 20 22 22 23 23 6 months from August 3, L914. Continuance of present War. Continuance of present War and 6 months thereafter. Continuance of present War. One year from August 10, 1914. Confined to Constables appointed during pre- sent War. Dependant on Orders in Council thereunder. Continuance of present War. Continuance of present War and 6 months thereafter. Am. 4 &5 Geo. 5, c. 71. Am. 4 & 5 Geo. 5, c. 73. Am. 4 & 5 Geo. 5, c. 63. Am. 4&5Geo.5, c. 80. 4&56eo.5, c. 84. Rep. 4 & 5 Geo. 5, c. 65, s. 4 (3). Am. 4 & 5 Geo. 5, c. 71. (a) Certain of the Emeruenev Statutes have under powers therein contained I extended or modified. The footnotes to the full te\i of the Emergency Statutes which immediately follows this List shew all such extensions and modifications and at what pages of the Manual full text of the Orders in Council, &C, affecting them are printed. 5750 A 2 Duration of Act where Chap- Short Title. Page, temporary and confined to How affected. ter. present Emergency. 66 Elementary School Teachers (War Service 251 1 Superannuation). 26 f Confined to service in 67 Education (Scotland) present War. (War Service Super- 1 annuation). J 69 Police (Scotland) (Limit of Age). 27 Confined to appointments during present War. 70 Naval Billeting, &c. 28 71 Housing (No. 2) Amend- ment. 29 One year from August 1 1 1, 1914. 72 Currency and Bank Notes Amendment. 29 73 Patents. Designs and Trade Marks Tempor- ary Rules (Amend- ment). 30 Continuance of present War and 6 months thereafter. 75 Slaughter of Animals ... 31 One year from August 31, 1914. 70 Death Duties (Killed in : J 2 Confined to persons killed War). in present War. 77 Intoxicating Liquor 33 | Continuance of present (Temporary Restric- War and one month tion). thereafter. 78 Courts (Emergency Pow- 35 J Continuance of present ers). War and G months thereafter, (a) 79 Prize Courts (Egypt, 37 Continuance of present Zanzibar, and Cyprus). War. 80 Police Constables (Naval and Military Service). 38 81 National Insurance 39 1 Confined to service in (Navy and Army). present War. 82 Bills of Exchange 40 '■ Continuance of present War and 6 months thereafter, (a) 83 Army Pensions ... 40 84 Irish Police Constables (Naval and Military 41 • Service). 85 Rates (Proceedings for 42 1 1 Recovery). V Confined to present War 42J 87 Trading with the Enemy (b)88 Suspensory 46 89 Navy (Pledging of Certi- 46 ficates, &c). (a) The Act is determinable earlier by Order in Council, but no such Order in Council has (September 30, 1914) been made. (b) This Act relates to suspension till September 18, 1915, or period not later than end of present war, of Government of Ireland (4 & 5 Geo. 5. c. 90), and Welsh Church (4 & 5 Geo. 5. c. 91) Acts. 19] I. Postponement of Payments Act, 1914. (m. 11. 6 EMERGENCY STATUTES. f & ') ( rEORGE •"). [Here follow these Statutes, printed in order <>i Chapter : tl cally repealed being printed in italic type.] CHAPTER 11. An Act to authorise His Majesty by Proclamation to suspend temporarily the payment of Bills of Exchange and payments In pursuance of other obligations. (a) [3rd August 1914.] BK it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, ;is follows: — 1. — (I) His Majesty may by Proclamation authorise the post- Power to ponement of the payment of any bill of exchange, or of any postpone negotiable instrument, or any other payment in pursuance of payments by any contract, to such extent, for such time, and subject to such c ]amation * conditions or other provisions as may be specified in the Proclamation (b). (2) No additional stamp duty shall be payable in respect of any instrument as a consequence of any postponement of payment in pursuance of a proclamation under this Act unless the proclamation otherwise directs. (3) Any such, proclamation may be varied, extended, or revoked by any subsequent proclamation, and separate proclamations may be made dealing with separate subject-. (4) The proclamation dated the third day of August, nineteen hundred and fourteen, relating to the postponement of payment of certain bills of exehange(c) is hereby confirmed and shall be deemed to have been made under this Act. 2. — (1) This Act may be cited as the Postponement of Payments Short title Act . 1914. and dura- (2) This Ad shall remain in force for a period of six months from the date of the passing thereof. (a) By Order in Council of September 3rd, 1914, printed at p. 190 below, this Act was extended with adaptations to the Isle of Man. (b) See the Proclamations of August 6th and 12tb, and of September 1st, 3rd and 30th, printed under heading " Postponement of Payments " at pp. 239- 248 below. (c) The word " third " is a clerical error for the word " second,'' and the Act is to be read as if "second" instead of "third" occurred in the sub-section. s,, Rex r. Wilcock (1845) 7 Q.B. 317 ; In re Boothrovd (1846) 15 M. & W. 1. The Proclamation dated August 2nd, 1914, is printed under heading "Postpone- ment of Payments " at p. 238 below. B emergency. Ch. 12. Aliens Restriction Act, 1914. 4 & 5 Geo. 5. CHAPTER 12. An Act to enable His Majesty in time of war or imminent national danger or great emergency by Order in Council to impose Eestrictions on Aliens and make such provisions as appear necessary or expedient for carrying such restric- tions into effect. (a) [5th August 1914.] E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — Powers with 1.— (1) His Majesty may at any time when a state of war respect to exists between His Majesty and any foreign power, or when it aliens in case ap p ears that an occasion of imminent national danger or great emergency has arisen, by Order in Council impose restrictions on aliens, (b) and provision may be made by the Order — (a) for prohibiting aliens from landing in the United Kingdom, either generally or at certain places, and for imposing restrictions or conditions on aliens landing or arriving at any port in the United Kingdom; and (6) for prohibiting aliens from embarking in the United Kingdom, either generally or at certain places, and for imposing restrictions and conditions on aliens embarking or about to embark in the United Kingdom ; and (c) for the deportation of aliens from the United Kingdom; and (d) for requiring aliens to reside and remain within certain places or districts ; and (e) for prohibiting aliens from residing or remaining in any areas specified in the Order; and (/) for requiring aliens residing in the United Kingdom to comply with such provisions as to registration, change of abode, travelling, or otherwise as may be made by the Order; and (g) for the appointment of officers to carry the Order into effect, and for conferring on such officers and on the Secretary of State such powers as may be necessary or expedient for the purposes of the Order; and (h) for imposing penalties on persons who aid or abet any contravention of the Order, and for imposing such obligations and restrictions on masters of ships or any other persons specified in the Order as appear neces- sary or expedient for giving full effect to the Order; and (a) By Order in Council of September 30th, 1914, printed at p. 186, this Act was extended to the Isle of Man. (b) -SV'The Aliens Restriction (Consolidation) Order, 1914, printed at pp. 68-85 below. This Order repealed as from September 9th, 1914, the four " Aliens Restriction Orders, 1914," which were made August 5th, 10th, 12th and 20th respectively and are printed at pp. 48-67 below. The Consolidation Order was amended by Order in Council of October 8th, printed in the Supplement. 1914. Aliens Restriction Act, 1914. Cn. 12. (/; for conferring upon such persons as may be specified in the Order such powers with respect to arrest, deten- tion, search of premises or persons, and otherwise, as may be specified in the Order, and for any other ancillary matters for which it appears expedient to provide with a view to giving full effect to the Order; and (Ji) for any other matters which appear nece-sarv or expe- dient with a view to the safety of the realm. (2) If any person acts in contravention of, or fails to comply with, any provisions of any such Older, he >hall be liable on conviction under the Summary Jurisdiction Acts(») to a fine not exceeding one hundred pounds or to imprisonment with or without hard labour for a term not exceeding six months, and the court before which he is convicted may, either in addition to, or in lieu of, any such punishment, require that person to enter into recognizances with or without sureties to comply with the provisions of the Order in Council or such provisions thereof as the court may direct. If any person fails to comply with an order of the court requiring him to enter into recognizances the court, or any court of summary jurisdiction sitting for the same place, may order him to be imprisoned with or without hard labour for any term not exceeding six months. (3) Any provision of any Order in Council made under this section with respect to aliens may relate either to aliens in general or to any class or description of aliens. (4) If any question arises on any proceedings under any such Order, or with reference to anything done or proposed to be done under any such Order, whether any person is an alien or not, or is an alien of a particular class or not, the onus of prov- ing that that person is not an alien, or, as the case may be, is not an alien of that class, shall lie upon that person. (5) His Majesty may by Order in Council revoke, alter, or add to any Order in Council made under this section as occasion requires. (6) Any powers given under this section, or under any Order in Council made under this section, shall be in addition to, and not in derogation of, any other powers with respect to the expulsion of aliens, or the prohibition of aliens from entering tin 1 United Kingdom(b) or any other powers of His Majesty. (a) " The Summary Jurisdiction Acts " means, in relation to England and Wales, the Summary Jurisdiction Act, 1848 (11 & 12 Vict., c. 43), and the Summary Jurisdiction Act, 1879 (42 & 43 Vict., c. 4'.'). and any Act, past or future, amending those Acts or either of them : in relation to Scotland, the Summary Jurisdiction (Scotland) Act, 1908 (8 Edw. 7. c. 65), and the Summary Jurisdiction (Scotland) Act, 1908, Amendment Act, 1909 (9 Edw. 7, c. 28) ; and in relation to Ireland, so far as respects the Dublin Metropolitan Police District, the Acts regulating the powers and duties of justices of the peace or of the police of that district, and as respects any oilier part of Ireland, the r> Sessions (Ireland) Act, 1851 (14 & 15 Vict., c. 93) and any Act. past or future, amending the same. (See Interp. Act, 1889 ( 52 & 53 Vict., c. 63), s. 13 (7)-(10) : 8 Edw. 7. c. 65, s. 3, Sch. A ; 9 Edw. 7, c. 28, s. 1). (b) See the Aliens Act, 1905 (5 Kdw. 7. c. 13), and the Orders made there- under, which are published as "Statutory Rules" — see " Index to Statutory Rules and Orders in Force*' (1913 Edition), pp. 7, 8. Ch. 13. Prize Courts Procedure Act. 19 14. 4 & 5 Geo. 5. Short title and applica- tion. Procedure in prize courts. 57 & 58 Vict- c. 39. 27 c* 28 Vict. c. 25. Short title *nd con- struction. 2. — (!) This Act may bo cited as the Aliens Restriction Act, 1911. (2) En the application of this Act to Scotland Hie expressions "the court " and " any court of summary jurisdiction' mean the sheriff; and the expressions "enter into recognizances with or without sureties" and "enter into recognizances' mean " find caution." CHAPTER 13. An Act to amend the Law relating lo Procedure in Prize Courts. [5th August 1914.] BE it enacted by the King's most Excellent. Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. — (1) As from the date when rules under an Order in Council made after the passing of this Act in pursuance of section three of the Prize Courts Act, 1894, regulating the procedure and practice in prize courts, come into operation, (a) such of the provisions of the Xaval Prize Act, 1864, as are specified in the Schedule to this Act (being enactments relating to the practice and procedure in prize courts) shall be repealed: Provided that nothing in such repeal shall have the effect of extending section sixteen of that Act to ships of war taken as prize, and accordingly that section shall have effect as if the following words were inserted therein: — "Nothing in this sec- tion shall apply to ships of war taken as prize." (2) Any cause or proceeding commenced in any prize court before such rules as aforesaid come into operation as respects that court may, as the court directs, be either — (a) recommenced and proceeded with in accordance with the -aid rules ; or (b) continued in accordance with the said rules subject to such adaptations as the court may deem necessary to make them applicable to the case; or (c) continued to the determination thereof in accordance with the procedure applicable to the case at the com- mencement of the cause or proceeding. 2. This Act may be cited as the Prize Courts (Procedure) Act, 1914, and shall be construed as one with the XavaJ Prize Act, 1804: and that Act and the Prize Courts Act, 1894, and this Act may be cited together as the Xaval Prize Acts, 1864 to 1914. Schedule. Provisions of Xaval Prize Act, 1864, repealed. Sections 7 and 8, 18 to 29, 32, 33, and 36, and in Section 41, the words • either by warrant of arrest against the ship or goods, or by monition and attachment against the owner." (a) Rules under an Order in Council of August 5th, 1914, which (in accord- ance with s. 2 of the Rules Publication Act, 1893 (56 & 57 Vict. c. 66)) took effect provisionally, and is printed at p. 256 below, came into operation on that date. Those Rules are identical with those prescribed as Statutory Rules and Orders by Order in Council of September 17th, 1914, printed at p. 365 below. 1914. Currency and Bank Notes Act, L914. Ch. 14. CHAPTER 14. An Act to authorise the issue of Currency Notes, and to make provision with reaped to the Note [ssue of Banks. (a) [Oil, August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of Hi*' horde Spiritual and Temporal, and ( 'oiiiuh.ii-. in this presenl Parliament assembled, and by the authority of the same, as follows: — 1.-1(1) The Treasury may, subjecl to the provisions of this One pound Act, issue currency notes for one pound and for ten shillings, and ten and those notes shall be current in the Tinted Kingdom in the ^jJr*JJJ£ same manner and to the same extent and as fully as sovereigns and half-sovereigns are current and shall be legal tender in the United Kingdom for the payment of any amount. (2) Currency notes under this Act shall be in such form and of such design and printed from such plate and on such paper and be authenticated in such manner as may be directed by the Treasury. (3) The holder of a currency note shall be entitled to obtain on demand, during office hours at the Bank of England, payment for the note at its face value in gold coin which i> for the time being legal tender in the United Kingdom. (4) The Treasury may, subject to such conditions as to time, manner, and order of presentation as they think fit, call in any currency notes under this Act on paying for those note< at their face value in gold.(b) (5) Currency notes under this Act shall be deemed to he bank 3 & 4 Geo. 5. notes within the meaning of the Forgery Act. 1913, (c) and any c. 27. other enactment relating to offence- in respect of bank notes which is for the time being in force in any part of the British Nlands, and to be valuable securities within the meaning of the Larceny Act, I861,( d ) and any other law relating to stealing 24 & 25 Yict. which is for the time being in force in any part of the British c. 96. Islands, and to be current coin of the realm for the purpose of the Ads relating to truck and any other like enactment. (6) For the purpose of meeting immediate exigencies all postal orders issued either before or after the passing of this Act shall temporarily be current and legal tender in the United Kingdom in the same manner and to the same extent and as fully ;b current coins, ami shall be legal tender in the United Kingdom for the payment of any amount. the holder of any such postal order shall be entitled to obtain on demand, during office hours at the Bank of England, payment for the postal order at it- face value in any coin which is for the time being legal tender in the United Kingdom for the amount of the note. (a) This Act is amended by the Currency and Bank Notes (Amendment) Act, 1914 (4 & 5 Geo. 5, s. 72), printed at p. 29 below. See also the Arrangement- made under the Act for placing Currency Notes at the disposal of the bank- for meeting exceptional demands, printed under the heading " Currency ani> Bank Notes," at p. 136 below. (b) or on exchanging the notes so called in for other notes. See 4 & 5 Geo. 5, c. 72, s. 1, printed at p. 29 below. (c) This Act does not extend to Scotland. See 3 & 4 Geo. 5, c. 27, s. 21. (d) This Act, except where expressly provided, does not apply to Scotland. 10 Ch. 14. Currency and Bank Notes Act, 1914. 4 & 5 Geo. 5. 8 Edw. 7. c. 48 Issue of currency notes. Authority to issue bank notes beyond limit. Power to make bank notes not otherwise legal tender legal tender in Scotland and Ireland. Interpreta- tion, short title, and extent. Provisoes (b) and (c) to subsection (1) of section twenty-four of the Post Office Act, 1908, shall not apply to any such postal orders. This subsection shall have effect only until His Majesty by proclamation(a) revokes the same, and any proclamation revoking this subsection may provide for the calling- in or exchange of any postal orders affected thereby. 2. Currency notes may be issued(b) to such persons and in such manner as the Treasury direct, but the amount of any notes issued to any person shall, by virtue of this Act and without registration or further assurance, be a floating charge in priority to all other charges, whether under statute or otherwise, on the assets of that person. 3. The governor and company of the Bank of England and any persons concerned in the management of any Scottish or Irish bank of issue may, so far as temporarily authorised by the Treasury and subject to any conditions attached to that authority, issue notes in excess of any limit fixed by law(c) ; and those persons are hereby indemnified, freed, and discharged from any liability, penal or civil, in respect of any issue of notes beyond the amount fixed by law which has been made by them since the first day of August nineteen hundred and fourteen in pursuance of any' authority of the Treasury or of any letter from the Chancellor of the Exchequer, and any proceedings taken to enforce any such liability shall be void. 4. Any bank notes issued by a bank of issue in Scotland or Ireland shall be legal tender for a payment of any amount in Scotland or Ireland respectively, and any such bank of issue -hall not be under any obligation to pay its notes on demand except at the head office of the bank, and may pay its notes, if thought fit, in currency notes issued under this Act : Provided that notes which are legal tender under this section shall not be legal tender for any payment by the head office of the bank by whom they are issued for the purpose of the payment of notes issued by that bank. This section shall have effect only until His Majesty by procla- mation^) revokes the same, and any proclamation revoking this section may provide for the calling in or exchange of notes affected thereby. 5. — (1) In this Act, the expression "bank of issue' means any bank having power for the time being to issue bank notes. (2) This Act may be cited as the Currency and Bank Notes AH. 1914. (3) This Ad shall apply to the Isle of Man as if it were part of the United Kingdom, but shall not apply to any other British possession. (a) No Proclamation has (September 30th, 1914) been made under Section 1 (6). (b) As to certificates covering issue of notes see 4 & 5 Geo. 5, c. 72, s. 2, printed at p. 29 below. (c) As to such limit as regards Bank of England see Bank Charter Act, 1844, ss. 2-6, and ten successive Orders in Council, 1855 to 1903, authorising additional issue of notes, and printed in " Statutory Rules and Orders Revised " (1904), Vol. 1, " Bank of England," pp. 25-37. (d) No Proclamation has (September 30th, 1914) been made under Section 4. 1914. Electoral Disabilities {Naval and Military Ch. 25. 11 Service) Removal Act, 1914. CHAPTER 25. An Act to remove electoral disabilities which may arise in the case of members of the Reserve and Territorial 1'oin- and in the case of Volunteers by reason of absence on the Naval or Militarv service of the Crown. [7th August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lord- Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. — (1) A person shall not be disqualified for being registered Absence oi for voting, either as a parliamentary or as a local government person in elector, in respect of a qualification for which any residence or P ursiiaiKe inhabitancy is required, by reason only that during the whole or military any part of the qualifying period he has as a member of the naval duties not to reserve, or the army reserve, or the territorial force, or as a disqualify as volunteer, been absent on actual naval or military service on elector - behalf of the Crown, whether beyond the seas or not. (2) A person so absent shall not be disqualified by reason of his wife or children having received poor relief during such absence. (•'!) The claim to be registered as a lodger may be made and signed, in the case of a person so absent, by any other person on bis behalf, and the form of the claim and declaration may in, those cases be modified accordingly. (4) In this Act the expression "volunteer" means any person who is entered or enlisted for temporary service only in connexion with any war as a member of His Majesty'.- naval or military forces. 2. This Act may be cited as the Electoral Disabilities (Naval Short title and Military Service) Removal Act, 1914, and shall apply only andduration to absence during the continuance of the present war in Europe. CHAPTER 26. An Act to enable Food, Forage, and Stores for His Majesty's Forces to be requisitioned in cases of emergency. [7th August 1914.] BE it enacted by the Eing's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. The power of requisitioning carriages, horses, vessels, and Extension aircraft in case of emergency conferred by the Army Act (a) shall of section * 115 of Army Act to food, (a) The Army Act (44 & 45 Yict. c. 58) has been repeatedly amended and forage, and has in accordance with s. 8 (2) of the Army Annual Act, iSs. 1 , , ;s & |;i Vict. s t< c. 8), been printed with the amendments made down to the passing of the Army (Annual) Act, 1914 (I <$ 5 Geo. 5. c. 2), and Mich print has been put on sale. 12 Short title. C ft. 26. Army (Supply of Food, Forage, and 4 & 5 Geo. 5. Stores) Act, 1914. extend so as to include a power of requisitioning food, forage, and stores of all descriptions, and, accordingly, at the end of sub-section (2) of section one hundred and fifteen of the Army A.ct(a) there shall be inserted the words " and also of food, forage, and -Hires of every description," and all the other provisions of that section and also the provisions of sections thirty-one, one hundred and sixteen, one hundred and seventeen, one hundred and nineteen, and one hundred and twenty-one of the Army Act(a) shall, so far as applicable, apply in relation to food, forage, and stores as they apply in relation to vessels. 2. This Act may be cited as the Army (Supply of Food, Forage, and Stores) Act, 1914. Extension of power to make rules. 7 Edw. c. 29. 5 Edw. c. 15. CHAPTER 27. An Act to extend the powers of the Board of Trade during the continuance of the present hostilities to make Rules under the Patents and Designs Act, 1907, and the Trade Marks Act, 1905. [7th August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1(b). — (1) The power of the Board of Trade under section eighty-six of the Patents and Designs Act, 1907, and section sixty of the Trade Marks Act, 1905, to make rules and to do such things as they think expedient for the purposes therein mentioned shall include power to make rules and to do such things as they think expedient for avoiding or suspending in whole or in part any patent or licence granted to, and the regis- tration of any trade mark the proprietor whereof is, a subject of any State at war with His Majesty, and any proceedings on any application made by any such person under either of the -aid Acts and for extending the time within which any act or thing may or is required to be done under those xlcts. (2) In relation to rules made under this Act the provisions of sub-section (3) of section sixty of the Trade Marks Act, 1905, -hall not apply. (a) The Army Act (44 & 45 Vict. c. 58) has been repeatedly amended and has in accordance with s. 8 (2) of the Army Annual Act, 1885 (48 & 49 Vict c Army sale 8), been printed with the amendments made down to the passing of the my (Annual) Act, 1914 (4 & 5 Geo. 5. c. 2), and such print has been put on (b) Subsection (1) of this section is amended, and a new subsection (4) added by the Patents, Designs, and Trade Marks Temporary Rules (Amendment) Act, 1914 (4 & 5 Geo. 5. c. 73), such amendment and addition taking effect from August 7th, 1911. Section 1 as so amended is reprinted in Appendix D. at p. 439 below. The Rules made under section 1 are printed at pp. 226-236 below. ID] I. Defence of the I train, Act, 1914. (ii. 27. 13 (3) If the rules made under this Act so provide the rules or any of them shall have effed a- from the passing of this A & 33 Vict. c. 44), 1872 (35 & 36 Vict. c. 67), 1883 (46 & 47 Vict. c. 32), 1885 (48 & 49 Vict. c. 42), and 1898 (61 & 62 Vict. c. 21), together with the Naval Knights of Windsor (Dissolution) Act, 1892 (55 & 56 Vict. c. 34). See Short Titles Act, 1896 (59 & 60 Vict. c. 14), and 61 & 62 Vict. c. 24, s. 5. 1914. Injuries in War (Compensation) ( H. 30. 15 Act, 1914. (4) AH pensions, grants, and other allowances under this Act shall be paid out of moneys provided by Parliament. (5) An Order in Council under this Ad may provide that ihe Order shall bave effed as from the third day of August nineteen hundred and fourteen, (a) and any such Order in Council may be revoked or varied by a subsequent Order. 2. This Act may be cited as the Injuries in War (Compensa- Shorttitle. tion) Act, 1914. CHAPTER 34. An Act to authorise the grant out of Police Funds of certain Allowances and Gratuities in respect of Police Reservists who are called out upon Permanent Service. (b) [10th August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :• — 1. — (1) Where a constable of a police force within the meaning Family of this Act belongs to the Naval Reserves or the Army Reserve, allowances and has, in pursuance of any Royal Proclamation, been called ^ P°^ out, in the case of a man belonging to the Naval Reserves, for Jj^J^g service during war or any emergency, or, in the case of a man serv i ce . belonging to the Army Reserve, on permanent service, the police authority may, if they think fit, grant out of the police fund, to or for the benefit of his wife and children, or any of them, or in the case of an unmarried man to or for the benefit of any person whom he is legally liable to maintain and towards whose support he has regularly contributed, an allowance of such amount and subject to such conditions and restrictions as they think equitable : Provided as follows : — (a) Any such allowance shall be granted for a limited period not exceeding one year, and may be renewed for a further period, but shall not be continued after the police authority have received notice that the man has ceased to be employed on naval or military service : (6) The aggregate amount of the weekly allowance granted in respect of a married man, together with the weekly amount of any separation or other allowance required to be paid out of naval or military funds in pur- suance of any Royal Warrant, and the weekly amount (a) The scheme printed at p. 182 so provides. (b) This Act is amended by the Police Constables (Naval and Military Service Act, 1914 (4 & 5 Geo. 5. c. 80), printed at p. 38 below. A similar Act but confined to Army police reservists (The Police Reservists (Allowances) -Vet, 1900, 63 Vict, c. 9) was passed on the occasion of the War in South Africa, and was repealed by the Statute Law Revision Act, 1903 (8 Edw. 7. c. 49). If) Ch. 34. Police Reservists (Allowances) 4 & 5 Geo. 5. Act, 1914. 3 & 4 Vict. 53 & 54 Vict. c. 45. Application to Scotland. 53 & 54 Vict. c. G7. 20 & 21 Vict, c. 72. Short title. of any compulsory deductions from the man's pay as a seaman or soldier, shall not exceed the total weekly amount which he was receiving- from police fund* when called out : (c) The allowance granted in respect of an unmarried man shall not exceed in the aggregate eight shillings a week. (2)(a) If the man dies or is disabled whilst employed on naval or military service, the police authority shall have the same powers with respect to the grant of gratuities as if he had been in the police force at the time of his death or disablement. (■'I) If he returns to the police force he shall return to a rank not less than the rank which he held at the time when he was- called out, and at a rate of pay not less than the rate which lis- received before that date. (4) Where a county is divided into districts for the purposes of the County Police Act, 1840, any allowances granted in accord- ance with this Act shall be deemed to be general expenditure within the meaning of that Act. (5) In this Act the expressions ' police authority," " police force," and " police fund " as respects the City of London mean the mayor, aldermen, and commons of the City of London in common council assembled, the city police force, and the fund out of which tli e expenses of the city police a r e defrayed, and elsewhere have the same meanings as in the Police Act, 1890. 2. This Act shall apply to Scotland with the substitution of the Police (Scotland) Act, 1890, for the Police Act, 1890, and of the Police (Scotland) Act, 1857, for the County Police Act, 1840. 3. This Act may be cited as the Police Reservists (Allowances) Act, 1914. Power for Board of Trade to take posses- sion of food- s-tuffs un- reasonably withheld. CHAPTER 51. .1// Act to enable the Board of Trade daring the present War to take possession of Foodstuffs unreasonably withheld. (b) [10th August 1914.] T>B it enacted by the King's most Excellent Majesty, hg and JL) with the ad rice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows : — 7. If the Board of Trade are of opinion that any foodstuff is being unreasonably withheld from the market, they mag, if (a) See the Police Constables (Naval and Military Service Act, 1914 (4 & 5 Geo. 5. c 80), s. 1 (printed at p. 38 below), which substitutes other enact- ment for this subsection. (b) This Act was repealed by s. 4 (3) of the Articles of Commerce (Returns &c.) Act, 1914 (4 & 5 Geo. 5. c. 65), printed at p. 23 below. 1914. / nreasouable // ithholding oj /■no// Supphe, Act, 1914. (n. 51, 17 so authorised by His Majesty's Proclamation^) (made generally or as respects any particular kind of foodstuff) and in manner provided by the Proclamation, take possession of any supplies of foodstuff to which the Proclamation relates, paying to the owner of the supplies such /nice os may in default of agreement be decided to be reasonable, having regard to all the circumstam of the ease, hi/ the arbitration of a judge <>f the High Court selected by the Lord Chief Justice of England. 2. — (1) TJiis Act may be cited as the Unreasonable II ithhold- ing of Fund Supplies Act, 1914. (2) This Ad shall ho re effect mill/ irhile o state of tear e.rists hetui i a II is Majesty and any foreign power. Short title and duration CHAPTER 52. An Act to give the Board of Agriculture and Fisheries in Agri- cultural districts and the Local Government Board elsewhere powers with respect to Housing- and to make similar provision for Scotland. (b) [10th August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. — (1) The Board of Agriculture and Fisheries in agricultural Powers as to districts and the Local Government Board elsewhere shall have acquisition power during the period of one year from the passing of this ° ^dhio-^for Act to acquire, with the consent of the Treasury and with the housing concurrence of the Development Commissioners, land and build- purposes, ings for housing purposes, and, with the consent of the Treasury, shall have power to dispose of any land or buildings so acquired. (2) The Board of Agriculture and Fisheries and the Local Gov- ernment Board respectively shall have power to do all other tilings which may appear to them necessary or desirable for housing purposes in connection with any land or buildings so acquired, and to make any arrangements for housing purposes with any local authority or authorised societv within the meaning of this Act : Provided that neither the Board of Agriculture and Fisheries nor the Local Government Board shall, in the exercise of their powers under this Act, in any case themselves build any dwellings unless they are satisfied after holding a public local inquiry that in that case there is an insufficiency of dwelling accommodation for the working classes, or that the existing accommodation is unsuitable and that dwelling accommodation cannot be otherwise satisfactorily provided. (a) No Proclamation was ever made under this power. (b) This Act as extended by the Housing (No. 2) Act, 1914 (4 & 5 Geo. 5. c. 71) (printed at p. 2'J below), now makes similar provision for Ireland. 5750 B 18 Ch. 52. Housing {No. 2) Act, 1914. 4 & 5 Geo. 5. Payment of expenses in- curred under the Act. 4 Edw. 7. c. 21. 29 & 30 Vict. c. 39. Interpreta- tion, applica- tion, and short title. 53 & 54 Vict, c. 70. 2.— (1) The Treasury shall, as and when they think fit, issue out of the Consolidated Fund or the growing- produce thereof such sums as may be required for the purpose of meeting any expenditure which is, in the opinion of the Treasury, of a capital nature, and which is incurred with the consent or approval of the Treasury, not exceeding in the aggregate four million pounds, and any expenses incurred for those purposes by the Board of Agriculture and Fisheries or the Local Government Board not being, in the opinion of the Treasury, of the nature of capital expenditure, shall be defrayed out of moneys provided by Parlia- ment, and any receipts arising in connection therewith shall be paid into the Exchequer. (2) The Treasury may, if they think fit, for the purpose of providing money for sums so authorised to be issued out of the Consolidated Fund, or for repaying to that fund any part of the sums so issued, borrow by means of terminable annuities for a term not exceeding thirty years; and all sums so borrowed shall be paid into the Exchequer. (3) The said annuities shall be paid out of moneys provided by Parliament, and if those moneys are insufficient, shall be charged on and paid out of the Consolidated Fund of the United Kingdom or the growing produce thereof. (4) The Treasury may also, if they think fit, for the same purpose, borrow money by means of the issue of Exchequer Bonds; and the Capital Expenditure (Money) Act, 1904, shall have effect as if this Act had been in force at the time of the passing of that Act. (5) The Treasury shall, within six months after the end of every financial year, cause to be made out and laid before the House of Commons accounts showing the amount of any expendi- ture of a capital nature incurred by the Board of Agriculture and Fisheries and the Local Government Board respectively, under this Act, and of the money borrowed and the securities created under this Act; and any such accounts of expenditure shall be audited and reported upon by the Comptroller and Auditor- General as appropriation accounts in manner provided by the Exchequer and Audit Departments Act, 1866. 3. — (1) In this Act, unless the context otherwise requires, — The expression ' housing purposes ' means the provision, maintenance, improvement, and management of dwellings and gardens and other works or buildings for or for the convenience of persons belonging to the working classes; and The expression ' local authority ' means the local autho- rity for the purposes of Part III. of the Housing of the Working Classes Act, 1890 ;(a) and The expression "authorised society' means any society, company, or body of persons approved by the Treasury, (a) See ss. 92, 102 (1) and Sch. 3 of that Act. But as to London, see s. 5 (2) and Sch. 2, part 2 of the London Government Act, 1899 (62 & 63 Vict. c. 13), and as to England and Scotland, ss. 1, 53 (5) of the Housing and Town Planning Act, 1909 (9 Edw. 7. c. 44). 1914. Special Constables (Scotland) Act, V)\A. Ch. 53. 19 whose objects include the erection, improvement, or man- agement of dwellings for working classes, which does ooi trade for profit, or whose constitution forbids the payment of any interest or dividend at a rale exceeding five per (•nil . per annum. (2) In the application of this Act to Scotland the Local Gov- ernment Board for Scotland shall be substituted for the Local Government Board, and the Board ol Agriculture for Scotland shall be substituted for the Board of Agriculture and Fisheries. (3) This Act sin:]] not apply to Ireland. (a) (4) This Act may be cited as the Bousing l Nu. 2) Act, L914. CHAPTER 53. An Act to amend and extend the law relating to the Appointment of Special Constables in Scotland. [10th August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. This Act may be cited as the Special Constables (Scotland) Act, 1914, and shall apply to Scotland only. 2. Sections ninety-six, ninety-seven and ninety-eight of the Burgh Police (Scotland) Act, 1892 (herein-after referred to as the Act of 1892), relating to the appointment of special constables in burghs in Scotland shall have effect throughout counties in Scotland (including, if the Secretary for Scotland so appoints, any burgh policed by the county) with the substitution of the standing joint committee for the magistrates, of the Police (Scotland) Act, 1857, for the Act of 1892, and of the county council and the county police rate for the town council and the burgh general assessment respectively: Provided that the words "residing within the burgh'' in section ninety-six aforesaid are hereby repealed, (b) and provided further that the Secretary for Scotland may by order(c) under his hand apply to special con- stables appointed in Scotland any statutory provision relating to special constables, with any necessary adaptations. Short title and citation. Appoint- ment of special con- stables in counties. 55 <£ a(3 Vict. c. 55. 20 <£ 21 Vict. (a) Sub-section (3) of section 3 was repealed by the Housing (No. 2) (Amendment) Act, 1914 (4 & 5 Geo. 5, c. 71) printed at p. 20 below. (b) Sections 96 to 98 of the Burgh Police (Scotland") Act, 1892, are printed in Appendix E at p. 440 below, as amended and extended to counties bv this Act. (c) See Order of the Secretary for Scotland, dated October 5th, 1914 (printed at p. .">74 above) adapting the provisions of this Act and of the Burgh Police (Scotland) Act. 1892 as regards Orkney and Shetland. 5750 B 2 20 Cit. 60. War Loan Act, 1914. 4 & 5 Geo. 5. CHAPTER 60. An Act to provide for raising- Money for the present War. (a) [28th August 1914.] Most Gracious Sovereign. AY E, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom of Great Britain and Ireland in Parliament assembled, towards raising the necessary supplies granted to Your Majesty in this session of Parliament, have resolved that money be raised in manner provided by this Act ; and do therefore most humbly beseech Your Majesty that it may be enacted: and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — Power to 1. — (1) Any money required for raising the supply granted raisejnoney to His Majesty for the service of the year ending the thirty-first day of March nineteen hundred and fifteen, may be raised in such manner as the Treasury think fit, and for that purpose they may create and issue any securities by means of which any public loan Las been raised or may be raised or such other securities bearing such rate of interest and subject to such conditions as to repay- ment, redemption, or otherwise as they think fit. (2) The principal and interest of any sums so raised (includ- ing any annuities created for the purpose) and any sums required for defraying any expenses incurred in connexion with the raising of those sums shall be charged on the Consolidated Fund of the United Kingdom or the growing produce thereof. (3) The powers given to the Treasury under this Act shall be- in addition to, and not in derogation of, any other powers of the Treasury for the time being' to borrow. for the purposes of war. Short title 2. This Act may be cited as the War Loan Act. 1914. Pf wer to make regu- lations with respect to special con- stables. CHAPTER 61. An Act to enable His Majesty, h\ Order in Council, to make- Regulations with respect to Special Constables appointed during the present War. [28th August 1914.] E it enacted by the King's most Excellent Majesty, by and with tin' advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. — (1) His Majesty may, by Order in Council, make regula- tions with respect to the appointment and position of special constables appointed during the present war under the Special (a) The War Loan Act, 1900 (63 Vict. c. 2), pass3cl on the occasion of the war in South Africa was of a far more restricted character limiting both the amount to be raised and the modes of raising. 1914. Special Constables Act, 1914. Ch. 61. '21 Constables A.i , L831, or under section one hundred and ninety-sis l & 2 Will. of the Municipal Corporations Act, L882, and may, by those j-/;. ' h l . Vi( , t regulal ions,(») provide — _ ,. 59, (a) thai the power to authorise the nomination and appoint- ini-ii 1 of special constables und< r the Special Constables A.i, lS-il, may be exercised although a tumult, riot, or felony has not taker place or is qo1 immediately apprehended ; and (6) thai any special constables to which the regulati pply shall, in the execution of their duty, ad under such d i feet ion as may lie spec i lied in the regulations ; and (c) for the applicatiou to special constables to which the regulations apply of any of the provisions of the Police Act-, is:',!) to 1910 (including those relating to the granl of allowances or gratuities to constables injured, and to the dependents of constables killed, in the execu- tion of their duty), subjeel to such modification- as may be specified in the regulations; and id) for giving validity and effect to the appointment ol special constables, or any other action taken with respect to special constables, since the commencement of the present war, but before the regulation- are made ; and (e) for such supplemental and ancillary matters as may be accessary or expedient for the purpose of giving full effect to the regulations. (2) His Majesty may, by Order in Council, revoke, alter, or amend any Order in Council made under this section a- occasion requires. (3) In the applicatiou of this Act to Scotland(b) the Burgh 55 & 56 Vict. Police (Scotland) Act, 1892, so far as relating to special constables, e. 55. the corresponding provisions of any local Act, and the Special 4 & 5 Geo. 5. Constables (Scotland) Act, .1914, shall be substituted for the 0. 53. Special Constables Act, 1831, and section one hundred and ninety-six of the Municipal Corporations Act, 1882; and the Police (Scotland) Act, 1857, the Police (Scotland) Act, 1890, 20&21Vict. the Burgh Police (Scotland) Act, 1892, and any Acts amending L \ 7 '^ the same shall be substituted for the Police Act-, L839 to L910. jr 6 * "* (4) In the application of this Act to [reland(c) the Special 2&3WUL4. Constables (Ireland) Act, 1832, shall be substituted for thee. 108. Special Constables Act, 1831; section fourteen of the Dublin 5 Geo. 4. Justices Act, 1824, shall lie substituted for section one hundred c. 102. and ninety-six of the Municipal Corporations Act, 1882; and the Acts relating to the Royal Irish Constabulary and Dublin Metro- politan Police, or either of those force-, -hall be substituted for the Police Ads. L839 to 1910. 2. This Act may be cited as the Special Constables Act. l!»ll. Short title. (a) See - The Special Constables Order, 1914," printed at p. 370 below. (b) As to Scotland see "The Special Constables (Scotland) Order, 1914," printed at p. 373 below. (c) Xo Order in Council has (September 30th, 1014) been made by Bis Majesty under the Act in its application to Ireland. 00 Power to extend cer- tain Acts to the Isle of Man. Short title. Extension of power to make regula- tions.^) 4 & 5 Geo. 5. c. 29. Ch. 62. Isle E it enacted by the King's most Excellent Majesty, by and ) with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. The Defence of the Realm Act, 1914, (c) shall have effect as if — (a) at the end of paragraph (a) of section one thereof the following words were inserted, '"' or to prevent the ' spread of reports likely to cause disaffection or " alarm " ; (/>) at the end of paragraph (b) of section one thereof there were added the following words, " or of any area ' which may be proclaimed by the Admiralty or Army ' Council to be an area which it is necessary to safe- ' guard in the interests of the training or concentra- " tion of any of His Majesty's forces " ; (a) Under this power His Majesty has (September 30th, 1914) made three Orders in Council, printed respectively at pp. 186, 189 and 190 below, under the heading "Isle of Man," extending to the Isle the Aliens Restriction Act, 1914, the Defence of the Realm Acts, 1914 (and the Regulations thereunder), and the Postponement of Payments Act, 1914. (b) By Order in Council of September 9th, 1914, printed at p. 189 below, this Act was extended to the Isle of Man. (c) This Act is printed at p. 13 above, and section 1 thereof as amended by the present Act is reprinted in Appendix B at the end of this Manual. (d) The Regulations made under the powers of the first Act, and under such powers as hereby extended, are printed as made at pp. 148-155 below under the heading " Defence of the Realm," and are also reprinted in consolidated form in Appendix B at the end of this Manual. The Regulations, like the Acts, apply to the Isle of Man. 1!)14. Customs {Exportation Prohibition) Act, 1!»1 1. Cm. 64. 23 (c) ;it the end of section one there were inserted the following words, "and may by such regulations also "provide for the suspension of anj restrictions on " the acquisition or user <>i Land, or the exercise oi "the power of making byelaws, or anj other powei " under the Defence Acts, L842 to L875, or the " Military Lands Acts, L891 to L903." 2. This Ad m;i\ be cited as the Defence of the Realm (No. 2) Short title. Act, L914. CHAPTER 64. An Act to extend and amend section eight of the Customs and Inland Revenue Act, 1ST!). L-' Sl1 ' August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — ■ 1. Section eight of the Customs and Inland Revenue Act, 1871), (which enables the exportation of certain articles to be prohibited) shall have effect, whilst a state of war in which His Majesty is engaged exists, as if, in addition to the articles therein mentioned, there were included all other articles of every description. 2. Any proclamation or Order in Council made under the said section as so amended 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. (a) 3. This Act may be cited as the Customs (Exportation Prohibition) Act, 1914. Extension of 42 & 43 Yict. c. 21. s. 8. Power to vary procla- mation and Order in Council. Short title. CHAPTER 65. An Act to give Powers in connection with the present War to obtain information as to Stocks of Articles of Commerce, and for enabling Possession to be taken of any such Article unreasonably withheld. [28th Augusl 1914.] Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. — (1) For the purpose of obtaining information as to the Power to quantity in the I niled Kingdom or in transit to the United JJg^J. (a) The three Proclamations made respectively August 3rd, 5th, and 10th under s 8 of the 1*79 Act and another Proclamation of August 5th made under section 1 of the Exportation of Anns Act, 1900 (63 & 64 Vict. c. 44) were modified by a Proclamation of August 20th, and these Proclamations were varied by Orders of Council under the 1914 Act. All five Proclamations, and the five Orders of Council which have (September 30th, I'.M-l) heen made, are printed at pp. 1 CO— 1 TO below under the heading "Exportation of Warlike Stores, Provisions, and Victuals." A sixth Order of Council of October (Uh, made while this Manual was in the press, is printed in the Supplement. To simplify reference the resulting Lists Prohibitions and Restrictions on Exportation, revised to October 6th, are reprinted in Appendix A at the end of this Manual. returns. &c. 24 Cn. 65. Articles of Commerce {Returns, 8fc.) Act, 1914. 4 & 5 Geo. 5. Power to take posses- sion of articles un- reasonably withheld. Kingdom of any article of commerce, the Board of Trade may, by notice served by registered post or otherwise on any person, require him to make a return to the Board, within such time as may be specified in the notice, giving- such particulars of any article of commerce of which he is the owner as may be required by the notice. (2) For the purpose of testing the accuracy of any return made to the Board under this section, or of obtaining informa- tion in case of a failure to make a return, any officer of the Board authorised in that behalf by the Board may enter any premises on which he has reason to believe that there are kept or stored any articles which have been or were required to be included in the return, and of which the person making or required to make the return is or was the owner, and may carry out such inspections of, and examinations on, the premises as the officer may consider necessary for testing the accuracy of the return or for obtaining- such information. (•'}) If any person — (a) wilfully refuses or without lawful excuse neglects to make a return under this Act to the best of his know- ledge and belief; or (b) wilfully makes or causes to be made any false return; or (c) obstructs or impedes an officer of the Board in the exer- cise of any of his powers under this Act; or (d) refuses to answer or wilfully gives a false answer to any question necessary for obtaining the information required to be furnished under this Act ; he shall be liable on summary conviction to a fine not exceeding- one hundred pounds, or, if the court is of opinion that the offence was committed wilfully, to imprisonment with or without hard labour for a period not exceeding three months. (4) No individual return or part of a return made under this Act, and no information obtained under this xVct, shall be published or disclosed except for the purposes of a prosecution under this Act. 2. — ( 1) If from any such return as aforesaid, or from any other source of information, the Board of Trade are of opinion that any article of commerce is being unreasonably withheld from the market, they may, if so authorised by His Majesty's proclamation (a) (made generally or as respects any particular kind of article of commerce) and in manner provided by the pro- clamation, take possession of any supplies of the article paying the owners of the supplies such price as may, in default of agree- ment, be decided to be reasonable, having regard to all the cir- cumstances of the case, by the arbitration of a judge of the High Court selected by the Lord Chief Justice of England in England; by a judge of the Court of Session selected by the Lord President of the Court of Session in Scotland; and by a judge of the High Court of Ireland selected by the Lord Chief Justice of Ireland in Ireland. (a) See Proclamation of September 17th, 1914, printed at p. 96 below. 1914. Elementary School Teachers I War Service Superannuation ) Act, 1914. Ch. 66. 25 (2) Nothing in this Act shall be construed as preventing the Board of Trade exercising their powers under this section with- out having first obtained, or endeavoured to obtain, returns under Hi is Act. 3. The Board of Trade may make arrange nts with any other Government Department for the exercise by thai Department on behalf of the Board of Trade of the powers of the Board under this Act with respect to any particular article of commerce, and in such c.isc the department and the officers thereof shall, as respects such article, have and exercise the same powers as are by this Ad conferred on the Board of Trade and the officers ol ihat Board. 4. — (1) This Act may be cited as the Articles of Commerce (Returns, &c.) Act, 1914. (2) For the purposes of this Act, "owner." in relation to any article of commerce, includes any person who, as factor or other- wise, has power to sell the article. (3) The Unreasonable Withholding of Foodstuffs Act, 1914. (a, is hereby repealed. (4) This Act shall have effect only while a state of war exists between I Lis Majesty and any foreign power, and for a period of six months thereafter. Interdepart- mental arrange- ment 9. Short title, construction, repeal, and duration. 4 & 5 Geo. 5. c. 51. CHAPTER 66. An Act to enable Certificated Teachers to reckon Service in con- nection with the present War as recorded Service for the purpose of the Acts relating to Elementary School Teachers' Superannuation. [28th August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1 # — (1) Service by a certificated teacher in any of the naval or military forces of the Crown in the -present war, or any service by such a teacher in connection with naval or military operations in that war which the Board of Education consider may properly be treated in the same manner as actual naval or military service, may be recorded for the purposes of the Elementary School Teachers (Superannuation) Acts, L898 to 1912, (b) hi the same manner as, and as equivalent to, service in the capacity of a certi- ficated teacher in a public elementary school. Service in the war to be equivalent for super- annuation purposes to service as a teacher. (a) This Act is printed at p. 1G above. (b) i.e., the Elemontan School Teachers (Superannuation) Act, 1898 (tU & 62 Vict. c. 57) : the Elementary School Teachers Superannuation (Isle of Man) Act, 1900 (63 & 6 1 Vict. c. 38) : the Elementary School Teachers Superannuation (Jersey) Act, 1900 (63 & G4 Vict. c. 40) ; and the Elementary School lead Superannuation Act, 1912 (2 & 3 Geo. 5. c. 12) ; see s. 4 of last named Act. 26 Ch. 67. Education {Scotland) War Service 4 & 5 Geo. 5, Superannuation) Act, 1914. Application to the Isle of Man and Jersey. 2 & 3 Geo. 5. c. 12. Short title. (2) The Board of Education may reckon as a period of service for the purposes of this Act any period during 1 which a teacher, though nut actually serving, is, as a result of his service, pre- vented or hindered from procuring work as a teacher owing to injury, illness, or any other cause. (3) Contributions in respect of any such service to the Deferred Annuity Fund may, notwithstanding 1 anything in the Elementary School Teachers (Superannuation) Acts, 1898 to 1912, or any rules made thereunder, (a) be received by the Board of Education at any time within six months after the end of the present war, or such later date as the Board of Education may by order determine. 2. Section three of the Elementary School Teachers (Super- annuation) Act, 1912, relating to the Isle of Man and the Island of Jersey (except the proviso thereto), shall, with the necessary modifications, apply to this Act as it applies to that Act. 3. This Act may be cited as the Elementary School Teachers (War .Service Superannuation) Act, 1914. Service by a teacher in the war to be recorded as service for super- annuation. 8 Edw. 7. c. 63. CHAPTER 67. An Act to authorise an amendment of the Superannuation Scheme for Teachers in Scotland for the purpose of enabling service in connection with the present War to be reckoned as recorded service under the Scheme. [28th August 1914.] BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows: — 1. — 1 1 ) Service for the purposes of the teacher's superannua- tion scheme made and issued under the Education (Scotland) Act, 1908 (herein-after referred to as the scheme), (*>) shall include service in any of the naval or military forces of the Crown in the (a) The following is a list of the Rules which have (September SOth, 1914) been made under those Acts : — The Elementarv School Teachers Superannuation Rules, 1899 (1HJ9. No. 174). The Elementary School Teachers Superannuation (Isle of Man) Rules, 1901 (1901, No. 421), applying the 1899 Rules to the Isle of Man. The Elementary School Teachers (Superannuation) (Jersey) Rules, 1902 (1902, No. 889), applying the 1899 Rules to Jersey. The Elementarv School Teachers Superannuation Rule. 1904. The Elementary School Teachers Superannuation Rule. 190."> (1905, No ''to). The Elementary School Teachers Superannuation Rules, 1907 (1907, N<». 485). The Elementary School Teachers Superannuation Rules (1909, No. 842). The Klernentary School Teachers Superannuation Rule, 1911 (1911, No. 596). Note : — All these Rules are printed in the " Elementary School Teachers Superannuation Pamphlet" — an official publication. (b) This scheme (called " The National Scheme") was approved by Order in Council of May 14th, 1912 (1912, No. 534) and was amended by Order in Council of August L2th, L913 (1913. No. 889). L914. Polia {Scotland) (Limit of Age) Act, L914. ( a. 69. si presenl wai or anj service in connection with naval 01 militarj operations in that war which the Scotch Education Depart- ment (herein-after referred to as the Department) consider maj properly be treated in the same manner as actual naval bi military sen ice. C-t) For the purposes of the scheme the Departmenl may Eurthei reckon as service any period during which a teacher, though nol actually serving as aforesaid, is. as a resull of such service, prevented or hindered from doing or procuring work owing to injury, illness, or any other cause. (3) For the purposes of the scheme the Departmenl may- record such service as aforesaid. (4) For the purposes of the scheme, as regards any period of service as aforesaid, salary shall mean such sum as the Depart- ment may determine to be the equivalent of the salaiy in reaped of which deductions from grants payable to managers would have been made in terms of the scheme had the teacher continued his ordinary employment as teacher. 2. This Act shall extend to Scotland only. Extent of Act. 3. This Act may be cited as the Education (Scotland) (War Short title Service Superannuation) Act, 1914; and this Act and the Educa- and citation, tion (Scotland) Acts, 1872 to 1913, and any other Act of this .session relating' to education in Scotland, (a) may be cited as the Education (Scotland) Acts, 1872 to 1914. CHAPTER 69. An Act to amend the provisions of the Act- relating to the Police in Scotland during- the continuance of the present War with respect to age at date of appointment to a police force. [28th August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. Notwithstanding anything contained in the Police (Scot- land) Act, 1890, (b) or any other Act. the limit of age of persons transferred or appointed to any police force in Scotland during the continuance of the present war shall be such as may from time to time lie prescribed or approved by the Secretary tor Scotland, (c) 2. This Act may he cited as the Police (Scotland) (Limit of Age) Act. 1914, and shall apply to Scotland only. Age of - ins appointed to police forces. 53 & 54 Vict, c. 67. short title ami extent. (a) i.e., The Education (Scotland) (Provision of Meals) Act. 1914 ( 1 >v 5 Geo. 5, C 68), which not being an "Emergency Statute" is not printed in this Manual. (b) See section 25 of that Act which imposes a limit of a$ (c) See Order by the Secretary for Scotland printed at p. 237 below under the heading "Police (Emir or Age) Scotland." 28 L'u. 70. Naval Billeting, \c. Act, 1914. 4 & 5 Geo. '). Power in cases of emergency to billet naval officers and men and to impress carriages, &c. for naval purposes. Short title. CHAPTER 70. An Act to extend to the Naval Forces the provisions of the Army Act relating' to the Billeting, and Impressment of CarriageSj &c. in cases of emergency. [28th August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. — (1) Where a proclamation has been issued by His Majesty calling out all or any of the men of the naval reserves in case of war or emergency, (a) the Admiralty may, by order distinctly stating that a case of emergency exists, authorise any commander-in-chief or flag officer, whose flag is Hying at any naval port or station in the United Kingdom, to issue a billeting requisition or a requisition of emergencv. (2) Where- (a) an order authorising the issue of a billeting requisition has been so made, the provisions of section 108a of the Army Act (which relates to the billeting of officers and soldiers of His Majesty's military forces and their horses in cases of emergency), and the other provisions of the Army Act relating to billeting thereby applied, (b) shall extend to the billeting of officers and men of His Majesty's naval forces borne on the books of any of His Majesty's ships in com- mission when employed on detached service in case of war or emergency ; and ( b) an order authorising the issue of a requisition of emergency has been so made, the provisions of section one hundred and fifteen of the Army Act (which relates to the impressment of carriages and other things in cases of emergency), and the other pro- visions of the Army Act(b) relating to the impress- ment of carriages and other things thereby applied, shall extend to the impressment of carriages, animals, vessels, aircraft, food, forage, and stores required for the purposes of such naval forces as aforesaid; subject to this modification, that the punishment of an offence under section thirty or section thirty-one of the Army Act as so applied shall be dismissal from His Majesty's service with dis- grace, or such other punishment inferior in degree as is mentioned in section fifty-two of the Naval Discipline Act, and to such other modifications and exceptions necessary to adapt the said provi- sions to the naval forces as the Admiralty may by regulations prescribe. (c) 2. This Act may be cited as the Naval Billeting, &c. Act, 1914. (a) See Proclamation of August 3rd calling out the men of the Naval Reserves, printed at pp. 206, 207 below, under the heading "Navy and Naval Reserves." (b) The Army Act (44 & 45 Tict. c. 58) has been repeatedly amended and has in accordance with s. H (2) of the Army Annual Act, 1885 (48 & 49 Vict. c. 8), been printed with the amendments made down to the passing of the Army (Annual) Act, 1914 (4 & 5 Geo. 5. c. 2), and such print has been put on sale. (c) See the Modifications effected in the Army Act as applied to Naval Billeting under this power, printed at pp. 21 2-220 below, and the Modifications effected in the Army Act as applied to Naval Requisitions of Emergency, printed at pp. 220-226 below. 1914. Housing (No. 2) (Amendment) Act, 1014. Ch. 71. 29 CHAPTER 71. An Ad to extend the Housing (No. 2) Ad. L914, to [reland. [28tli Augusi 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice mid consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, ;i]ii! by the authority of tin' same, as follows: — 1.— (1) The Housing (No. 'J) Act, 1914, |, ; ,1] extend to Extension Ireland Bubject to the following modifications, namely, any °* Housing reference to the Board of Agriculture and Fisheries or jo the L^ i Local Government Hoard shall be construed as a reference to Ireland, the Local Government Board for [reland. 4 g -, ,;,.,, - ( (2) Subsection (•'}) of section three of the Housing (No. 2) Act, '• ■"'-■ .1914. i> hereby repealed. 2. This Act may be cited a- the Housing (No. 2) (Amendment) Short title- Act, 1911. CHAPTER 72. An Act to amend the Currency and Bank Notes Act, 11)14. [28th August L914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- — - 1. The power of the Treasury to call in currency notes under Power to cull subsection (4) of section one of the Currency and Bank Note- in notes for Act, 1914, (to) shall be extended so as to include a power to call e P U1 in currency notes, on exchanging the notes so called in. for other f or Q ^* ° c notes of the same face value issued under that Act. notes. 4 & 5 Geo. .">. c. 14. 2. The Treasury may, if they think fit. instead of issuing anv Certifical notes to any person, give to that person a certificate entitling Cm ''" him to the issue, on demand from the Treasury, of the notes '^"J" mentioned in the certificate; and the notes covered by the certifi- cate shall, for the purposes of section two of the Currency and Bank Notes Act, 1914, be deemed to be notes issued to that person. 3. This Act may be cited as the Currency and Bank Notes Short title (Amendment) Act, 1914. (a) This An is printed at p. 17 above. (b) Tins Art is printed at p. ',> above. 30 Ch. 73. Patents, Designs, and Trade Marls 4 & 5 Geo. 5. Temporary Rules (Amendment) Act, 1914. CHAPTER 73. An Act to amend the Patents, Designs, and Trade Marks (Temporary Rules) Act, 1914. (a) [28th August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — Extension 1. The Patents, Designs, and Trade Marks (Temporary Rules) of power. Act. 1914, (a) shall have effect, and shall be deemed always to have had effect, subject to the following amendments, that is to make temporary rules. to say: — 4 £ 5 Geo. 5. (a) In section one, for the words "any patent or licence c - -'• "granted to, and the registration of any trade mark ' the proprietor whereof is, a subject of any State at " war with His Majesty, and any proceedings on any " application made by any such person under either "of the said x\cts," there shall be substituted the following words: "any patent or licence the person " entitled to the benefit of which is the subject of "any State at w T ar with His Majesty; for avoiding " or suspending the registration, and all or any rights " conferred by the registration, of any design or trade "mark the proprietor whereof is a subject as afore- ' said ; for avoiding or suspending any application made by any such person under either of the said " Acts; for enabling the Board to grant, in favour of "persons other than such persons as aforesaid, on " such terms and conditions, and either for the whole " term of the patent or registration or for such less "period, as the Board may think fit, licences to " make, use, exercise, or vend, patented inventions " and registered designs so liable to avoidance or " suspension as aforesaid " : (b) Ai the end of the same section the following subsection shall be added : — " C4) This Act shall apply to any person resident and carrying on business in the territory of a State at war with His Majesty as if he was a subject of that State; and the expression ' subject of any Stale at war with His Majesty' shall, with reference to a company, include any company, the business whereof is managed or controlled by such subjects, or is carried on wholly or mainly for the benefit or on behalf of such subjects, notwithstanding that (a) Section 1 of this Act (4 & 5 Geo. 5. c. 27) as thus retrospectively amended by 4 & 5 Geo. 5. (c. 73) is reprinted in Appendix D at p. 439 below. 1914. Slaughter of Animals Act, 1914. Cii. ::.. :n the company maj be registered within Bis Majesty's dominions; and, where a patent has been granted to any person in reaped of an invention declared in the application or any specification to have been com- municated tn him by some other person, tlial other person shall, for the purposes oi this Act, be deemed to be the person entitled to the benefit of the patent unless the contrary is proved." This Act ma\ m. be cited as the Patents, Designs, and T rade Marks Temporary Rules (Amend at) Act. 1914; and the Patents, Designs, and Trade Marks (Temporary Rules) Act. 1914, and this Act may be cited as the Patents, Designs, and Trade Marks (Temporary Rules) Acts, 1914. Short title. Power to restrict slaughter. CHAPTER 75. An Act to authorise the regulation and restriction of the slaughter of animals used for food. [31st August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. The Board of Agriculture and Fisheries may. for the purpose of maintaining a sufficient breeding stock, by Order regulate and restrict the slaughter in England and Wales, either generally or in any particular area, of animals used for human food, and may revoke, extend, or vary any Order so made, but any Order shall cease to operate at the expiration of one year from the passing of this Act except in relation to proceedings for any offence committed before such expiration. (at 2. This Act shall apply to Scotland and Ireland with the substitution for the Board of Agriculture and Fisheries of the Board of Agriculture for Scotland and the Department of Agri- culture and Technical Instruction for Ireland respectively. 3. If any person acts in contravention of, or fails to comply with, any provision of an Older made under this Act he shall be liable upon summary conviction to a fine not exceeding twenty pounds; or, if the offence is committed with respect to more than four animals, to a fine not exceeding five pounds for each animal. 4. This Act may be cited as the Slaughter of Animals Short title Act, 1914. Application to Scotland and Ireland. Offences * (a) The Board of Agriculture and Fisheries have (September 30, 1914), made no Order under this Act. 32 Gil. 76. Death Duties {Killed in War) Act, 1914. 4 & 5 Geo. 5. Extension of remission of death duties in case of persons killed in the present war. 63 & 64 Yict. c. 7. 4 & 5 Geo. o. c. 10. CHAPTER 76. An Act to extend and vary as respects the present War the relief from Death Duties given under section fourteen of the Finance Act, 1900. [31st August 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. — (1) Section fourteen of the Finance Act, 1900 (which relates to the remission of death duties in case of persons killed in war), shall have effect as respects the present war as if it applied to property passing to lineal ancestors as well as to property passing to the widow or lineal descendants, and as if the amount of the duty to be remitted or repaid under that section were, instead of the amount therein mentioned, the following amounts : — (a) Where the value for the purpose of estate duty of the property passing to the widow, lineal descendants, or lineal ancestors does not exceed five thousand pounds, the whole of the death duties leviable in respect of that property; and (b) Where the said value exceeds five thousand pounds — (i) in respect of the first five thousand pounds, the whole of the death duties ; and (ii) so much of the duties leviable in respect of the remainder as exceeds the sum which, if accumulated at compound interest at the rate of three per centum per annum from the date of death with half-yearly rests would, at the expiration of the period of the normal expectation of life of a person of the age of the deceased at the time of death (calculated in accordance with the Tables of Mortality of Government Life Annuitants, 1912), amount to the whole of the duties so leviable. (2) The benefits of the relief given by this section as respects the first five thousand pounds shall be apportioned rateably among the several persons who would otherwise bear the duties remitted or repaid according to the amounts which they would so bear and without regard to their respective rights of priority. (3) Where the relief in respect of estate duty afforded to the widow, lineal descendants, or lineal ancestors by section fifteen of the Finance Act, 1914, would be greater than that afforded to them in respect of estate duty by this section, the relief in respect of estate duty shall be that under the said section fifteen and not that under this section, but in other cases the relief afforded by the said section fifteen shall not apply to any estate duty to which this section applies. 1914, Death Duties {Killed in War) Act, 1914. Ch. 76. 33 2. -(I) Where the Commissioners of [nland Revenue are -,iiis- Remission fied that estate duty has become payable :issm:/ death of some other person to which section one of this Act applies, more t,J:u - the whole of the estate duty payable on such subsequent death in SJJa^Jjf 8 respect of the property so passing shall be remitted, or, in case the caused by duty has been paid, repaid, and the property shall not he aggre- the war.' gated with any other propertj passing on such subsequent death for the purpose of determining t he rate of estate duty. (2) This section shall apply whether or not on any such death any property passes to the widow or lineal descendant- or lineal ancestors of the deceased. 3. This Acl may be cited as the Death Duties (Killed in War) Short title. Act, 1914. CHAPTER 77. An Act to enable orders to be made in connection with the present war for restricting the sale or consumption of intoxicating liquor. [31st August 1914] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. — (1) The licensing justices for any licensing district may, Restriction if they think fit, upon the recommendation of the chief officer of of the sale police that it is desirable for the maintenance of order or the °- r con £ um P" suppression of drunkenness in any area, by order direct that the toxicatin" sale or consumption of intoxicating liquor on the premises of any liquor, persons holding any retailers' licence in the area, and the supply or consumption of intoxicating liquor in any registered club in the area, shall be suspended while the order is in operation, during such hours and subject to such conditions or exceptions (if any) as may be specified in the order : Provided that, if any such order suspends the sale, supply, or consumption of intoxicating liquor at an hour earlier than nine at night, the order shall not have effect until approved by the Secretary of State. (2) If any person acts in contravention of, or fails to comply with, any order under this section he shall be liable on summary conviction in respect of each offence to a fine not exceeding fifty pounds. If any person feels aggrieved by a conviction under this section he may appeal therefrom to quarter sessions in accord- ance with the Summary Jurisdiction Acts. 5750 C 34 Ch. Intoxicating Liquor ( Temporary Restriction ) Act, 1914. 4 & 5 Geo. 5. 10 Edw. 7. & 1 Geo. 5. c. 24. Interpreta- tion, appli- cation, short title, and duration. 10 Edw. 7. c. 8. 53 & 54 Yict. c. 45. 3 Edw. c. 25. (3) The licensing justices shall have power to make an order under this section at their general annual licensing meeting or at any special sessions held by them for the purpose of their duties under the Licensing (Consolidation) Act, 1910, or at any meeting specially called for the purpose under this Act. The clerk to the licensing justices shall specially call such a meeting if an application in writing is made to him for the pur- pose either by any two of their number or by the chief officer of police for the district. I 1) In the application of this section to the county of London the committee of the compensation authority appointed under section six of the Licensing (Consolidation) Act, 1910, shall be eubstituted for the licensing justices. 2. — (1) In this Act the expression "retailers' licence" means any of the retailers' licences specified in the First Schedule to the Finance (1909-10) Act, 1910, and the expression " chief officer of police " — (a) with respect to the city of London, means the Commis- sioner of the City Police ; and (o) elsewhere in England, has the same meaning as in the Police Act, 1890. (2) In the application of this Act to Scotland, the Secretary for Scotland shall be substituted for the Secretary of State, and the licensing court shall be substituted for the licensing- justices, and the general half-yearly meeting of the court, or any adjourn- ment thereof, shall be substituted for the general annual licensing meeting; " sheriff-depute " shall be substituted for " chief officer of police"; the reference to an appeal to quarter sessions shall not apply; "summary conviction' means summary conviction in the sheriff court; " intoxicating liquor ' means exciseable liquor, and "retailers' licence" means certificate as defined in Part VII. of the Licensing (Scotland) Act, 1903. (3) In the application of this Act to Ireland the Lord Lieu- tenant shall be substituted for the Secretary of State, and the expression "licensing district' means, as respects the police district of Dublin metropolis, that district, and elsewhere in Ireland the petty sessions district. The expression " chief officer of police" means, as respects the police district of Dublin metro- polis, either of the commissioners of police for that district, and elsewhere in Ireland a district inspector of the Royal Irish Constabulary, and the expression " licensing justices " means, as respects the police district of Dublin metropolis, the Recorder of the city of Dublin, and, as respects any other licensing district, two or more justices at petty sessions. (4) This Act may be cited as the Intoxicating Liquor (Tem- porary Restriction) Act, 1914. (5) This Act shall remain in force during the continuance of the present Avar, and for a period of one month after the close thereof. 1914. Courts {Emergency Powers) Act, 1914. Ch. 78. 35 CHAPTER 78. An Act to give, in connexion with the presenl War, further powers to Courts in relation to the remedies for the recovery of money, and in relation to other similar matters. [31si Augusl Hill.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consenl of the Lords Spiritual and Temporal, and Commons, in lln's presenl Parliament assembled, and by the authority of the same, as follows: — 1. — (1) From and alter the passing of this Ad no person Power of shall— courts to (a) proceed to execution on, or otherwise to the enforcement t t ^l^° of. any judgment or order of any court (whether entered or made before or after the passing of this Act) for the payment or recovery of a sum of money to -which this subsection applies, except after such application to such court and such notice as may be provided for by rules or directions under this Act ; or (6) levy any distress, take, resume, or enter into possession of any property, exercise any right of reentry, fore- close, realise any security (except by way of sale by a mortgagee in possession), forfeit any deposit, or enforce the lapse of any policy of insurance to which this subsection applies, for the purpose of enforcing the payment or recovery of any sum of money to which this subsection applies, or, in default of the payment or recovery of any such sum of money, except after such application to such court and such notice as may be provided for by rules or directions under this Act. This subsection shall not apply to any sum of money (other than rent not being- rent at or exceeding fifty pounds per annum) due and payable in pursuance of a contract made after the beginning of the fourth day of August nineteen hundred and fourteen . This subsection applies to life or endowment policies for an amount not exceeding twenty-five pounds, or payment equivalent thereto, the premiums in respect of which are payable at not longer than monthly intervals, and have been paid for at leasl the two years preceding the fourth day of August nineteen hundred and fourteen. (2) If, on any such application, the court to which the applica- tion is made is of opinion that time should be given to the person liable to make the payment on the ground thai he N unable immediately to make the payment by reason of circumstances attributable, directly or indirectly, to the present war. the court may, in its absolute discretion, after considering all the circum- stances of the case and the position of all the parties, by order, stay execution or defer the operation of any such remedies as afore- said, for such time and subject to such conditions ;i s the court thinks fit. 5750 C 2 36 Ch. 78. Courts {Emergency Powers) Act, 1914. 4 & 5 Geo. 5. 1 & 2 Vict. c. 74. Short title, application, and duration. (3) Where a bankruptcy petition lias been presented against any debtor, and the debtor proves to the satisfaction of the court having jurisdiction in bankruptcy that his inability to pay his debts is due to circumstances attributable, directly or indirectly, to the present war, the court may, in its absolute discretion, after considering 1 all the circumstances of the case and the position of all the parties, at any time stay the proceedings under the petition for such time and subject to such conditions as the court thinks fit. (4) This Act shall apply to all proceedings for the recovery of possession of tenements under the Small Tenements Recovery Act, 1838, as if they were in all cases proceedings for the payment or recovery of a sum of money due and payable on account of rent. (5) The Lord Chancellor may make such rules and give such directions as he thinks fit for the purpose of giving full effect to this Act, and may, by those rules or directions, provide for any proceedings for the purposes of this Act being conducted, so far as desirable, in private and for the remission of any fees. (a) (6) The powers given under this Act shall be in addition to, and not in derogation of, any other powers of any court. (7) Nothing in this Act shall affect any right or power of pawn- brokers to deal with pledges, or give any power to stay execution or defer the operation of any remedies of a creditor in the case of a sum of money payable by, or recoverable from, the subject of a Sovereign or State at war with His Majesty. (8) Any stay of execution or of other proceedings, and any postponement of the operation of the remedies of a creditor, which has been granted or ordered by any court since the commencement of the present war and before the passing of this Act shall be as valid as if this Act had been in operation when the stay or post- ponement was granted or ordered. 2,— (1) This Act mav be cited Powers) Act, 1914. as the Courts (Emergency (2) In the application of this Act to Scotland the Court of Session shall be substituted for the Lord Chancellor; "Act of Sederunt" shall be substituted for " rules "(b) ; "a petition for sequestration " shall be substituted for " a bankruptcy petition " : " diligence " shall be substituted for " execution " ; and " decree ' : shall be substituted for "judgment or order," and shall be deemed to include any warrant authorising- diligence; "creditor in a heritable security" shall be substituted for "mortgagee": and " proceedings in removings and ejections in the case of subjects let at a rent not exceeding twenty-one pounds " shall fa) The Rules made and Directions given by the Lord Chaucelloi under this power are printed at pp. 115-124 below under the heading " Courts (EMERGENCY Powers)." fb) See Act of Sederunt of September 28th printed at p. 125 below. 1914. Prize Courts (Egypt, Zanzibar and < ijprus) Act, 1914. Th. 79. 37 be substituted for 4 ' proceedings tor the recovery of possession of tenements under the Small Tenements Recovery Act, 1838." (3) In the application of this Act to Ireland the Lord Chancellor of Ireland(a) shall be substituted for the Lord Chancellor. (4) His Majesty may, by Order in Council, at any time deter- mine the operation of this Act, or provide that this Act shall have effect subject to such limitations as may be contained in the Order ;(b) but. subject to the operation of any such Order in Council, this Act shall have effect during- the continuance of the present war, and for a period of six months thereafter. CHAPTER 79. An Act to provide for the exercise of Prize Jurisdiction by certain British Courts in Egypt, Zanzibar, and Cyprus, in respect of the present War. [18th September 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and bv the authority of the same, as follows: — 1. If His Majesty is pleased to confer jurisdiction in matters Prize Courts of prize on any of the following courts, that is to say: — in Egypt, . . Zanzibar, (a) His Britannic Majesty's Supreme Court for the Dominions ;m d Cyprus. of the Sublime Ottoman Porte in Egypt ; (o) His Britannic Majesty's Court for Zanzibar in Zanzibar; (c) The Supreme Court of Cyprus in Cyprus; the Court shall, in respect of the present war, have, under the Naval Prize Courts Acts, 1864 to 1914, the jurisdiction thereby conferred on a Vice-Admiralty Prize Court, and those Acts and any Order in Council made thereunder shall apply accordingly, subject to such modifications (if any) as to His Majesty in Council may appear expedient or necessary. (c) 2. This Act may be cited as the Prize Courts (Egypt, Zanzibar, Short title, and Cyprus) Act, 1914. (a) See Rules made by the Lord Chancellor of Ireland, September 17th, printed at pp. 127-136 below. (b) See the Courts (Emergency Powers) Order in Council, 1914. printed at p. 114 below. (c) See Order in Council of September 30th, 1914, conferring jurisdiction on the three courts specified and printed at pp. 253-255 below under the heading " Pri/.k Courts," footnotes to which refer to the establishment of those courts .-'4 38 Cn. 80. Police Constables (Naval and Military 4 & 5 Geo. 5. Service) Act, 1914. Amendment of s. 1 (2) of 4 & 5 Geo. 5. c. 34. 53 & 54 Vict. c. 45. Application to constables who re-enlist &c. of certain enactments relating to police reservists. 6 Edw. 7. c. 7. CHAPTER 80. A- Act to amend the Police Reservists (Allowances) Act, 1914, (a) and to extend the provisions of that Act and certain other enactments relating' to police reservists to certain constables not being reservists. [18th September 1914.] I)E it enacted by the King's Most Excellent Majesty, by and J with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. The following subsection shall be substituted for sub- section (2) of section one of the Police Reservists (Allowances) Art. 1914(a): — (2) If the man dies or is disabled whilst employed on naval or military service the police authority shall have power to grant to his widow and children or to him pensions and allowances equal to one-half the amount payable out of naval or military funds in pursuance of any Royal Warrant, so however that the total amount receivable from the police authority when added to the amount payable from such funds as aforesaid shall not in any case exceed the maximum amount which could have been awarded under the Police Act, 1890, as amended by any subsequent enactment, if the injury had been received by the man in the execution of his duty as a constable without his own default and the injury had not been accidental. 2. — (1) If, with the consent of the chief officer of police of the force to which he belongs, a constable who has been a petty officer or non-commissioned officer re-enters or has re-entered the navy, ()]■ re-enlists or has re-enlisted in the regular forces, for the purposes of the present war, the Police Reservists (Allowances) Act, 1914, as amended by this Act, subsection (5) of section four of the Police Act, 1890, (b) and section four of the Police (Super- annuation) Act, 1906, (b) shall, subject to the necessary adapta- tions, apply to him in like manner as they apply to a constable who, being a man belonging to the naval reserves or the army reserve, has been called out for service during war or any emer- gency or, as the case may be, on permanent service. (2) A police authority may, if they think fit, by order extend the privileges conferred by this section to any constable who, for the purposes of the present war, enters or enlists, or has entered or enlisted, in any of His Majesty's naval or military force-, if the police authority are satisfied, after consultation with the Admiralty or Army Council, that the constable possesses qualifications not possessed by ordinary recruits for rendering (a) Printed at p. 10 above. (b) The enactments thus applied are printed in Appendix F. at the end of this Manual i ( jl4. National Insurance | Navy and Amu/) ('n. 81. 39 Act, 191 I. special service iii the navy or army, and thereupoD this sectiou, subject to the necessary adaptations, shall apply to the constable. (3) In the application of this Ad to Scotland, references to subsection (5) of section four of the Police (Scotland) Act, 53 & 54 Vict. L890,(a) and to section nine of the Police (Scotland) Ad (1890) c( "- Amendment Act, 1910, (a) shall be substituted for the references } ,J G ^ w j ' in subsection (5) of section lour of the Police Act, 1890, and c iq' to section four of the Police (Superannuation) Act, 1906, respect Lvely. 3. For the purposes of the present war subsection (5) of Special pro- section four of the Police Act, .1890, and section four of the p*mt Police (Superannuation) Act, 1906 (both as originally enacted Uity Police. and as applied by (his Act), shall apply to constables of the City Police Force as if that force were a police force within the meaning of the Police Act, 1890. 4. This Act shall be cited as the Police Constables (Naval Short title and Military Service) Act, 1914, and shall be construed as one J^J^n with the Police Reservists (Allowances) Act, 1914. CHAPTER 81. An Act to amend section forty-six of the National Insurance Act, 1911, as respects certain officers, warrant officers, and soldiers, [18th September, 1914.] BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. Section forty-six of the National Insurance Act, 1911, shall Extension of apply, and shall be deemed always to have applied, to soldiers f^o"-^ ^ specially enlisted for the purposes of the present war, and to all c 55" persons who, being previously insured, serve during the present war as commissioned or warrant officers of the naval reserves, or officers of the reserve or of the territorial force, or are granted temporary commissions in the regular forces during the continu- ance of the present war, as it applies to men of the territorial forces called out on embodiment. (b) 2. This Act may be cited as the National Insurance (Navy Short title and Army) Act, L91 1. (a) The enactments thus applied are printed in Appendix F. at the end of this Manual. (h) See Provisional Regulations made by the Insurance Commissioners and by the Welsh Insurance Commissioners under ihis power and printed at pp. 193-197 below in. In- the heading "National Health Insurance." It is (September 30th, 191 4) understood that the Scottish and the Irish Commissioners are about to make similar Regulations. 4(1 Ch. 82. Bills of Exchange Act, 1914. 4 & 5 Geo. 5. Delay in presentment of a bill for payment due to war. 45 & 46 Vict. c. 61. Provision as to bills of exchange lost owing to war. Duration. Short title CHAPTER 82. An Act to make provision in connection with the present war with respect to Bills of Exchange payable outside the British Islands. [18th September 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. Without prejudice to the operation of subsection (1) of sec- tion forty-six of the Bills of Exchange Act, 1882, delay in the presentment for payment of a bill of exchange, where the proper place for payment is outside the British Islands, is excused if the delay is, or has been, due either directly or indirectly to circumstances arising out of the present war, or to the impractic- ability, owing to similar circumstances, of transmitting the bill to the place of payment with reasonable safety. 2. Where, in any action or proceeding upon a bill of exchange payable outside the British Islands, it is shown to the court that the bill has been lost and that the loss can reasonably be presumed to be due to circumstances attributable directly or indirectly to the present war, the court may allow proof of the bill to be given by means of a copy thereof certified by a notary public, or by means of such other evidence as the court think reasonable under the circumstances : Provided that such indemnity be given against the claims of other persons as the court may require. 3. His Majesty may, by Order in Council, at any time deter- mine the operation of this Act, or provide that this Act shall have effect subject to such limitations as may be contained in the Order ;(a) but, subject to the operation of any such Order in Council, this Act shall have effect during the continuance of the present war and for a period of six months thereafter. 4. This Act may be cited as the Bills of Exchange Act, 1914. Mode of payment of pensions. CHAPTER 83. An Act to enable the Army Council to fix the mode of payment of Military Pensions. [18th September 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — 1. Xothwithstanding anything in any Act, Order, or Royal Warrant to the contrary, pensions payable in respect of military service shall be issued in advance at such intervals (not exceeding three months) as the Army Council may from time to time by order direct : (a) No Order in Council has (October 9th, 1914) been made under t his power. 1914. Irish Police Constables (Naval and Military ( ji. 84. 41 Service) Act, 1914. Provided that this section shall not apply in the case of pensions granted before the passing of this Act, and that an Order of the Army Council under this section may in any case provide that, where a soldier who has enlisted before the passing of this Act dies whilst in receipt of a pension, a sum not exceed- ing the amount of his pension for three months may be paid to his personal representatives. 2. This Act may be cited as the Army Pensions Ad. 1914. Short title. CHAPTER 84. An Act to make provision with respect to Constables of the Royal Irish Constabulary and Dublin Metropolitan Police who are Reservists or join the Naval or Military Forces. [18th September 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. — (1) "Where a constable of the Royal Irish Constabulary Xayal or or Dublin Metropolitan Police has, in pursuance of a Royal pro- military clamation, been called into actual service as a member of any j r Jb Police Royal Naval Reserve force, or been called out for permanent Reservists, service as a member of the Army Reserve, on his return to the police force his subsequent pay in that force, and any pension, allowance, or gratuity granted after his return to him or his dependents under the Acts relating to that force, may, if the Lord Lieutenant so directs, be calculated in like manner as if his service under the proclamation had been service in the police force. (2) The provisions of the Constabulary and Police (Ireland) 46 & 47 Ad, 188-3, with respect to constables oi the Royal Irish Con- Vict. a 14. stabulary and Dublin Metropolitan Police who belong to the Army Reserve shall extend to constables of those police forces who belong to any Royal Naval Reserve force, with the substi- tution of " required for training or called into actual service ' for " called out for training or for permanent service." (3) His Majesty may, by Order in Council, extend to con- stables of the Royal Irish Constabulary or Dublin Metropolitan Police all or any of the provisions of the Police Reservists 4&5Geo. 5. (Allowances) Act, 1914, or the Police Constables (Naval and c - 34. Military Service) Act, 1914, with such adaptations and modifica- * f ' tions as appear to Hi- Majesty to be necessary or expedient. (a) 2. This Act may be cited as the Crist Police Constables (Naval Short title, and Military Service) Act, 1914. (a) No Order in Council has (October 9th, 1914) been made under this power. 42 Ch. 85. Bates {Proceedings for Recovery) Act, 1914. 4 & 5 Geo. 5. Extension of time for taking pro- ceedings for recovery of rates. 11 & 12 Vict. c. 43. Short title. CHAPTER 85. An Act to extend the time within which proceedings may be taken for the recovery of Rates. [18th September 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. Section eleven of the Summary Jurisdiction Act, 1848, which limits the time within which proceedings may be com- menced, shall not apply, to any proceedings for the recovery of any rate where the institution of the proceedings has been de- ferred by the rating authority for the purpose of allowing time to persons who, by reason of circumstances attributable directly or indirectly to the present war, are temporarily unable to pay the rate. 2. This Act may be cited as the Rates (Proceedings for Recovery) Act, 1914. trading with enemy. CHAPTER 87. An Act to make provision with respect to penalties for Trading- with the Enemy, and other purposes connected therewith. [18th September 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — Penalties for 1. — (1) Any person who during the present war trades or has since the fourth dav of August nineteen hundred and fourteen, traded with the enemy within the meaning of this Act shall be guilty of a misdemeanour, and shall — (a) on conviction under the Summary Jurisdiction Acts, (a) be liable to imprisonment with or without hard labour for a term not exceeding twelve months, or to a fine not exceeding five hundred pounds, or to both such imprisonment and fine ; or (1>) on conviction on indictment, be liable to penal servitude for a term not exceeding seven or less than three years or to imprisonment with or without hard labour for a term not exceeding two years, or to a fine, or to both such penal servitude or imprisonment and fine; and the court may in any ease order that any goods or money, in respect of winch the offence lias been committed, be forfeited. (a) As to the present meaning of this expression in relation to each part of the United Kingdom, see footnote (a) at p. 7 above. 1914. Trading with the Enemy Act, 1914. Ch. 87. 13 (2) For the purposes oi this Act a person shall be deemed to have traded with the enemy if he has entered int.. any trans- action in- done any acl which was, at the lime of such transaction or net. prohibited by or under any proclamation issued by Eie Majest3 dealing with trading with the enemj l<>i the time being in force, (a) or which ;il common Law or by statute constitutes an offence of trading with 1 he enemy: Provided that any transaction or act permitted by oi under ;in\ such proclamation shall not be deemed to be trading with ( be enemy. (3) Where a companj has entered into a tran-;ict ion or lias (lone any act which i> an offence under this section, every director, manager, secretary, or other officer of the company who is knowingly a parly to the transaction or act shall also be deemed guilty of the offence. (4; A prosecution for an offence under this section shall not be instituted except by or with the consent of the Attorney- General : Provided that the person charged with such an offence may he arrested and a warrant for his arrest may be issued and executed, and such person may be remanded in custody or on bail notwithstanding that the consent of the Attorney-General to the institution of the prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained. (5) Where an act constitutes an offence both under this Act and under any other Act, or both under this Act and at common law, the offender shall be liable to be prosecuted and punished uuder either this Act or such other Act, or under this Act or at common law, but shall not be liable to be punished twice for the same offence. 2. — (1) If a justice of the peace is satisfied, on information Power to on oath laid on behalf of a Secretary of State or the Board of inspect Trade, that there is reasonable ground for suspecting that an d °° u ^en tb . offence under this Act has been or is about to be committed by any person, firm, or company, he may issue a warrant authorising any person appointed by a Secretary of State or the Board of Trade and named in the warrant to inspect all books or documents belonging to or under the control of that person, firm, or company, and to require any person able to give any information with respect to the business or trade of that person, firm, or company to give that information, and if accompanied by a constable to enter and search any premises used in cm meet ion with the business or trade, and to seize any such books or documents as aforesaid : (a) See Proclamation dated August 5th, I '.'14 (printed at p. :'>7."> below under the heading " TRAniNG with THE ENEMY"), which was extended to Ar.stria- Hungary by Proclamation of August 12th (printed at p. '.'7 above under head- ing " Austria-Hungary"). Both the Proclamation of August 5th and its extension of the 12th were revoked by the " Trading with the Enemy Proclama tion No. 2," (printed at p. 378 below under the heading "TRAniNG WITH nil Enemy"), and this Proclamation Xo. 2 was amended by Proclamation of October 8th, which is printed in the Supplement at the end of this Manual. 44 Ch. 87. Trading with the Enemy Act, 1914. 4 & 5 Geo. .3. Provided that when it appears to a Secretary of State or the Board of Trade that the case is one of great emergency and that in the interests of the State immediate action is necessary, a Secretary of State or the Board of Trade may, by written order, give to a person appointed by him or them the like authority as may be given by a warrant of a justice under this subsection. ^ (2) Where it appears to the Board of Trade— (a) in. the case of a firm, that one of the partners in the firm was immediately before or at any time since the commencement of the present war a subject of, or resident or carrying on business in, a state for the time being at war with His Majesty ; or (b) in the case of a company, that one-third or more of the issued share capital or of the directorate of the company immediately before or at any time since the commencement of the present war was held by or on behalf of or consisted of persons who were subjects of, or resident or carrying on business in, a state for the time being at war with His Majesty; or (c) in the case of a person, firm or company, that the person was or is, or the firm or company were or are, acting as agent for any person, firm, or company trading or carrying on business in a state for the time being at war with His Majesty ; the Board of Trade may, if they think it expedient for the purpose of satisfying themselves that the person, firm or company are not trading with the enemy, by written order, give to a person appointed by them, without any warrant from a justice, authority to inspect all books and documents belonging to or under the control of the person, firm or company, and to require any person able to give information with respect to the business or trade of that person, firm or company, to give that information. For the purposes of this subsection, any person authorised in that behalf by the Board of Trade may inspect the register of members of a company at any time, and any shares in a company for which share warrants to bearer have been issued shall not be reckoned as part of the issued share capital of the company. 63) If any person having the custody of any book or docu- ment which a person is authorised to inspect under this section refuses or wilfully neglects to produce it for inspection, or if any person who is able to give any information which may be required to be given under this section refuses or wilfully neglects when required to give that information,* that person shall on conviction under the Summary Jurisdiction Acts(a) be liable to imprisonment with or without hard labour for a term not exceeding six months, or to a fine not exceeding fifty pounds, or to both such imprisonment and fine. (a) As to the present meaning of this expression in relation to each part of the United Kingdom, see footnote (a) to p. 7 above. 1914. Trading with the Enemy At-/, 1 ( J14. Ch. s- 45 Power of Board of Trade to apply for receiver in certain cases. 3. Where it appears to the Board of Trade in reference to any firm or company — (a) that an offence under this Act has been or is likely to be committed in connexion with the trade or business thereof ; or tin that the control or management thereof ha> been or i- likely to be so affected by the state of war as to prejudice the effective continuance of its trade or business and that it is in the public interest that the trade or business should continue to be carried on ; the Board of Trade may apply to the High Court for the appoint- ment of a controller of the firm or company, and the High Court shall have power to appoint such a controller, for such time and subject to such conditions and with such powers as the court thinks fit, and the powers so conferred shall be either those of a receiver and manager or those powers subject to such modifications, restrictions or extensions as the court thinks fit (including, if the court considers it necessary or expedient for enabling the controller to borrow money, power, after a special application to the court for that purpose, to create charges on the property of the firm or company in priority to existing charges). The court shall have power to direct how and by whom the costs of any proceedings under this section, and the remunera- tion, charges, and expenses of the controller, shall be borne, and shall have power, if it thinks fit, to charge such costs, charges, and expenses on the property of the firm or company in such order of priority, in relation to any existing charges thereon, it- it thinks fit. 4. — ( L) This Act may be cited as the Trading with the Enemy Short title Act, 1914. andcon- . struction. (2) In this Act the expression Attorney-General means the Attorney or Solicitor General for England, and as respects Scotland means the Lord Advocate, and as respects Ireland means the Attorney or Solicitor General for Ireland. (3) In the application of this Act to Scotland the Secretary for Scotland shall be substituted for a Secretary of State, and the Court of Session shall be substituted for the High Court; the court exercising* summary jurisdiction shall be the sheriff court; references to a justice of the peace shall include references to the sheriff and to a burgh magistrate; and references to a receiver and manager shall be construed as references to a judicial factor. (4) In the application of this Act to Ireland, the Lord Lieutenant shall be substituted for a Secretary of State. (5) Anything authorised under this Act to be done by the Board of Trade may be done by the President or a Secretary or Assistant Secretary of the Board, or any person authorised in that behalf bv the Presideni of the Board. 46 Ch. 88. Suspensory Act, 191-1. 4 & 5 Geo. 5. Suspension of the opera- tion of the Government of Ireland Act, 1914, and the Welsh Church Act, 1914. 4 & 5 Geo. 5. c. 90. 4 & 5 Geo. 5. c. 91. Short title. CHAPTER 88. An Act to suspend the operation of the Government of Ireland Act, 1914, and the Welsh Church Act, 1914. [18th September 1914.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. — (1) Notwithstanding anything in the Government of Ireland Act, 1914, no steps shall be taken to put that Act into operation, and notwithstanding anything in the Welsh Church Act, 1914, the date of disestablishment under that Act shall be postponed, until the expiration of twelve months from the date of the passing of those Acts respectively, or, if at the expiration of those twelve months the present war has not ended, until such later date (not being later than the end of the present war) as may be fixed by His Majesty by Order in Council ; and the provisions of those Acts shall have effect accordingly. (2) In this Act the Government of Ireland Act, 1914, means any Act which becomes law during the present session, and which may be cited by that short title ; and the Welsh Church Act, 1914, means any Act which becomes law during the present session and which may be cited by that short title. 2. This Act may be cited as the Suspensory Act, 1914. Application to navy of provisions of Army Act as to pledging of uniforms, certificates, &c. Short title. CHAPTER 89. An Act to prevent the Disposal or Pledging of Certificates. Naval Uniforms, or other Property, and for purposes connected therewith. [18th September 1914.] I > E it enacted by the King's most Excellent Majesty, by and D with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: — 1. Section one hundred and fifty-six of the Army Act (which imposes a penalty on purchasing from soldiers regimental necessaries, equipment, stores, &<-.)(») shall apply to persons serving in the naval forces of the Crown as it applies to soldiers, with such adaptations as the Admiralty may by regulations pre- scribe; and the Admiralty may by those regulations extend the application of subsection nine of the said section so as to make it- applicable to any certificate relating to the service of any person serving in the naval forces of the Crown. 2. This Act may be cited as the Navy (Pledging of Certificates, &c.) Act, 1914. (a) The Army Act (44 & 45 Vict. c. 58) has been repeatedly amended and has in accordance with s. 8 (2) of the Army Annual Act, 1885 (48 & 39 Vict. c. 8), been printed with the amendments made down to the passing of the Army (Annual) Act, 1914 (4 & 5 Geo. 5, c. 2), and such print has been put on sale. [Atte?ition is directed to the Prefatory Note at p. Hi. which 47 described the scope und arrangement of the Manua\I\ Part III. EMERGENCY PROCLAMATIONS. ORDERS, AND REGULATIONS. [Note. — These Proclamations, Orders &c. are as printed in this Manual grouped under subject headings, the advantage of such grouping being that it brings immediately together Proclamations, &c. dealing with the same matter, instead of (as a chronological sequence would necessitate), separating them. The Chronological Table (pp. v-x) above gives a list of all these Proclama- tions, Orders, &c. arranged in order of date. Those Proclamations, Orders &c. which have been repealed or superseded are printed in italic type, and the like type is employed to indicate partial repeals. This, like the other parts of the Manual, is revised to the 30th of September inclusive.] AERIAL NAVIGATION. Order made by the Secretary of State, dated August 2, 1914, under the aerial navigation acts, 1911 (1 & 2 geo. 5. c. 4) and 1913 (2 & 3 Geo. 5. c. 22). 1914. Xo. HIT. In pursuance of the powers conferred on me by the Aerial Navigation Acts, 1911 and 1913, I hereby make, for the purposes of the safety and defence of the realm, the following Order: — I prohibit the navigation of aircraft of every class and descrip- tion over the whole area of the United Kingdom, and over the whole of the coast-line thereof and territorial waters adjacent thereto. This Order shall not apply to naval or military aircraft or to aircraft flying under naval or military orders : nor shall it apply to an j- aircraft flying within three miles of a recognized aerodrome. Home Office, Whitehall, 2nd August, 1914. R. McKcnna, One of His Majesty's Principal Secretaries of State. 48 Aliens Restriction Order, 1914. ALIENS RESTRICTION.^) The Aliens Restriction Order, 1914. (b) (c) 1914. No. 1161. At the Court at Buckingham Palace, the 5th day of August, 1914. Present. The King's Most Excellent Majesty in Council. Whereas by the Aliens Restriction Act, 1914,(d) power is con- ferred upon His Majesty in time of war or imminent national danger or great emergency by Order in Council to impose restric- tions on aliens, and to make such provisions as may be necessary or expedient for carrying such restrictions into effect: And whereas a state of icar at present exists between Great Britain and Germany : A oiv, therefore, His Majesty is pleased, by and tvith the advice of His Privy Council, to order, and it is hereby ordered, as follows : — Part I. Restrictions on Aliens Entering and Leaving the United Kingdom. Approved Ports and Prohibited Ports. Definition of 1- — (1) V or tJie purposes of this Order, the following ports approved are approved ports, that is to say : — P ° r rhT d el Aberdeen, Bristol, Dundee, Holyhead, West Hartlepool, Liverpool, Hull, Greenock, London, Dublin, Folkestone, Rosslare; Falmouth, and any other port or place in the United Kingdom is, for the purposes of this Order, a prohibited port. (2) For the purposes of this Order the limits of the approved ports shall be those specified in the First Schedule to this Order, and any part of an approved port outside those limits shall be treated as though it were part of a prohibited port. (a) The Order in Council of September 30th, 1914, under the Isle of Man (War Legislation) Act, 1914 (4 & 5 Geo. 5. c. 62), extending the Aliens Restriction Act, 1914 (4 & 5 Geo. 5. c. 12) to the Isle of Man, and the Aliens Restriction (Isle of Man) Order, 1914, are printed under the heading " Isle of Man " at pp. 186-189 below. (b) This Order was amended by the Aliens Restriction Orders Nos. 2, 3, and 4 printed at pp. 63-67 below. All four Orders were repealed by the Aliens Restriction (Consolidation) Order, 1914 (printed at pp. 68-85 above) as from September 9th, 1914. (c) This Order was published in the " London Gazette " of August 6th, 1914, being the 3rd Supplement to the Gazette of August 4th ; in the "Edinburgh Gazette" of August 8th, 1914, being the 1st Supplement to the Gazette of August 7th ; and in the "Dublin Gazette" of August 10th, 1914. being the 2nd Supplement to the Gazette of August 7th. (d) 4 & 5 Geo. 5. c. 12. This Act is printed at pp. 6-8, above. ports. Aliens Rest rnt ion Order, 1914. 49 Aliens entering the L'niled Kingdom. %—(l) - l " alien shall not land in the United Kingdom at a Aliensnot to prohibited port : /,,„,/ „/ Provided that — prohibited (a) where an aliens officer is satisfied that an alien friend >""''*' who has arrived at a prohibited port had embarked for tii nt port before this Order en me into operation, anil may safely be permitted to hind, he man grant In in permission accordingly; and (In wht re a Secretary of State is satisfied that an alien friend has arrived at a prohibited port in ignorance of the provisions of this Order or in any other circumstance entitling him to special consideration, and may safe/,/ be permitted to land, he may grant him permission accordingly; and (c) subject to the p ran si ons of this Order the forego/ tip pro- hibition shall not, ttnless in any particular case an aliens officer so directs, apply to an alien friend who is the master or a mem her of the crew of a vessel arriving at a prohibited port, if whilst he is on shore he complies with such requirements (if any) as may he imposed upon him or upon masters and seamen generally hy an aliens officer at the port; and any alien friend who lands in accordance with this pro- viso, and, if conditionally disembarked, who complies with the conditions, shall not he liable to any penalty for landing at the port in question. 3. An alien enemy shall not land in the United Kingdom, Alien at an approved port, unless provided with a permit issued by the enemies not Secretary of State for Foreign Affairs. to land without permits. 4. An alien arriving at an approved port may, if a Secretary Powers of State so directs, or if an aliens officer at the port is satisfied with respect that he cannot safely he permitted to land in theUnited Kingdom, to a ^'«"« be treated as though the port were a prohibited port. landing at approved port. 5. An alien landing in contravention of this Order, and an Detention alien arriving at any port in circumstances in which he is pro- of aliens hibited from landing, may, until dealt ivith under this Order, arriving m be detained in such manner as a Secretary of State may direct, lj nte d and whilst so detained shall he deemed to he in legal custody. ^■•ngdom. 6. An alien shall not land at any port in the United Kingdom u;, nS notto having in his possession— enter Ui (a) any firearms, ammunition, or explosives; Kingdom (b) any petroleum spirit, naphtha, benzol, petroleum, or l, ' ltfi other inflammable liquid in quantities exceeding three J ire - ari "^ ,v '' gallons; (c) ani/ apparatus or contrivance intended for or capable of being used for signalling apparatus, cither visual or other/rise; (d) any carrier or homing pigeons; (e) any motor car, motor cycle, or aircraft ; or •"■750 d 50 Aliens Restriction Order, 1914. Conditional landing. (f) any cipher code or other means of conducting secret correspondence; and where an alien lands with any such articles in his possession he shall forfeit the articles and shall be deemed to have imported them in contravention of the provisions of the Customs Consoli- dation Act, 1876, (&) as though the articles in question were con- tained in the table of prohibitions and restnetions set out in section forty-two of that Act : Provided that where an aliens officer considers that an alien friend arriving at any port may safely be permitted to land with any such articles as aforesaid in his possession, he may permit him to land accordingly, and the foregoing provisions of this article shall not apply. 7. An alien conditionally disembarked under the directions of an aliens officer for the purpose of inquiry or examination shall not for the purposes of this Order be deemed to have landed so long as the conditions are complied with. Aliens not to embark at ■prohibited ports. Provision as to alien enemies leaving a port without having landed. Alien enemies not to embark icithout 'permit. Aliens leaving the United Kingdom. 8. An alien shall not, except in pursuance of an order of deportation under this Order, embark in the United Kingdom at a prohibited port : Provided that — (a) an alien friend shall be permitted to embark at a pro- hibited port if he satisfies an aliens officer at that port that he had booked a passage on a vessel sailing from that port before this Order came into operation, and that lie can safely be permitted to leave the United Kingdom; and (b) where a Secretary of State is satisfied that any alien friend who desires to embark at a prohibited port may safely be permitted to do so, he may grant him permission accordingly ; and (c) subject to the provisions of this Order the foregoing prohibition shall not, unless in any particular case an aliens officer so directs, apply to an alien friend who is the master or a member of the crew of a vessel leaving a prohibited port; and any alien friend who embarks in accordance with this proviso shall not be liable to any penalty for embarking in the United Kingdom at the port in question. 9. Where an alien enemy is about to leave any port on board a vessel on which he has arrived at the port lie may for the purposes of this Order, if a Secretary of State so directs or if it appears necessary to an aliens officer in the interests of public safety, be treated as though he had embarked at that port in contravention of this Order, but shall not be subject to any fine or imprisonment for so embarking. 70. As from a date to be fixed by a Secretary of State an alien enemy shall not, except in pursuance of an order of deporta- tion under this Order, embark in the United Kingdom at an (a) 39 & 40 Yict. c. 36. Aliens Restriction Order, 1914. 51 Detent"!,/ of aliens embarking. approved port, unless provided with a permit issued by a Secretary of StaU : I'mmled that mi alien enemy about to embark in flu United Kingdom >u i y. L'nston- on-the-Hill, Seven Oaks, Stockton Heath, Stretton, Thelwall, Walton Inferior, Walton Superior, Aston-by-Sutton, Aston Grange, Clifton, Halton, Norton, Sutton, and Weston only): Wirral. i Cornwall, Municipal Boroughs. — Falmouth : Heist on: Penryn: Penzance: St. Iv Saltash : Truro. Urban Districts. — Camborne : Hayle: Ludgvan: Madron: Paul: Phillack: Redrulii: St. Just: Torpoint. Rural Districts.— East Kerrier: Heist on-: Redruth: St. Germans: Truro: W( st Penwith. Devonshire. County Boroughs. — Devonport : Plymouth. Urban Districts. — East Stonehouse : Ivybridgc. Rural Districts.- Plympton St. Mary: Tavistock (Civil Parish of Ben F rrers <>>dy). Dorsetshire. Municipal Boroughs. — Dorchester: Poole: Weymouth and Melcombi R( tyis. Urban Districts.—- Portland: Swanage. Rural Districts. — Dorchester: Poole: Wareham and Porbeck: Weymouth. DURHAil. County Boroughs. — Gateshead: South Shields: Sunderland: West Ha rlh pool. Municipal Boroughs. — Durham : Hartlepool: Jarrow: Stockton-on-Tees. Urban Districts. Ann-field Plain: Benfieldside : Blaydon: Brandon and Byshottles: n the Moor, Shilbottle, Sturton Grange, Swarland, Togston. WalkmiM, Warkioorth . Whittle, and Woodhouse only): Castle Word: Hexham — (Civil Parishes of— Bearl. Broomhaugh, Broomley, Bywell, Dukershagg, Esper 'shields, Healey, Hedley, High Fotherley, Horsley, Nafferton. Newlands, Newton. Newton Hall, Ovingham, Ovington, Biding, Shotley High Quarter, Shotley Low Quarter, Spital, Stelling, Styford\ Welton Whittle, Whittonstall, and Wylam cnly): Morpeth. Suffolk. County Borough.- Ipswich. Municipal Borough. --Aldcburgh . Urban Districts. — Felixstowe and Walton: Saxmundham: Woodbridge. Rural Districts. Plomesgate: Samford: Woodbridg* . Sussex. County Boroughs. — Brighton: Eastbourne. Municipal Boroughs. — Hove: Lewes. Urban Districts. Newliaven: Portskide-by-Sea: Seaford. Rural Districts. — Charley: Eastbourne: Hailsham — (Civil Parishes of — Arlington, Chalvmgton, Chiddingly, llailsham, Hellingly, Laughton, liipe only): Newhaven: Steyning East: Westboume: West Il>> •; [>m ft — (Civil Parishes nf—Applcdram, B'urlham, Donninghm. Earnley, East Wittering, Hunston, Merston, New Fishbourne, North Mundham, Oving. Selsey, Sidlesham, West Itchenor, and West Wittering only). Yorkshire. County Borough. Kingston-upon-HuU. Municipal Boroughs. Beverley: Hedon. Urban Districts. — Cottingham: Hessh : Hornsea: Withernsea. Rural Districts. — Beverley: Patrington: Sculcoates: Skirlaugh. The following areas ore prohibited arm, ,n Wales: — GLAMORO INSHIRB. The whole county. 60 Aliens Restriction Order, 1914. Pembrokeshire. Municipal Boroughs. — Haverfordwest : Pembroke: Tenby. Urban Districts. — Fishguard : Mil ford Haven: Neyland. Rural Districts. — 'Haverfordwest: Narberth: Pembroke. The following areas are prohibited areas in Scotland: Argyllshire. Parishes. Campbeltown. Kilfinan. Saddell and Skipness Dunoon and Kilmun. Kill can and* Kilchenzie. Southend. Inverchaolain. Kilmodan. Strachur. Kilcalmonell. Lochgoilhead. A YRSHIRE. Parishes. Stralachlan. Ardrossan. Fenwick. Monkton and Prest- Ayr. Irvine. wick. Beith. Kilbimie. Ochiltree. Coylton. Kilbride, West. Biccarton. Craigie . Kilmarnock. Stair. Dairy. Kilmaurs. Stevcnston. Dairy mple. Kihcinning. Stewarton. Dreghorn. Largs. Symington. Dundonald. Mauchline. Tarbolton. Dunlop. Maybole. Buteshire. The ichole county. Dumbartonshire. Parishes. ■ Arroch-ar. Kilmarnock. Boseneath. Bonhill. Kit pat rich, New. Bow. Cardross. Kilpatrick, Old. Dumbarton. Luss. Borthwick. Colder, Mid. Colder, West. ''mi tngton. Cock pen. Colinton. Cbrstorphine. Cram ond. Cranston. EDI.XBIRaSHIRE (Ml D-LOTll I.l.x). Parishes. Crichton. Currie. Dalkeith. Edinburgh. Fala. Glencorse. Inveresk. Kirknewton. Lasswade. Leith. Liberton. Newbattle. Newton. Penicuik. Batho. Temple. Alves. Bellie. Birnie. Dallas. Drainie. Duff us. Elginshire i Parishes. Dyke and Edinkillie. Elgin. Forres. Kinloss. New Spynie Moy. Bafford. "Rothes. St. Andrews Lhanbryd. Speymouth. Vrquhart. Aliens Rest net ion Order, 1914. 61 Abdie. Aberdour. Anstruther Easter. Anstruther Wester. Audit erderran . Auchtermuchty. Auchtertool. Ballivgry. Balmerino Beat!,. Burntisland. Cameron . Cambet . Car in >ck . Cer> t 'oUessii Crail. ich . I ' id ; OSS. Cults. Cupar. Fifsshtbi . Parishes. Dairsie. Dalgety. Dunino. I >un bog. Dun fi i inline. Elie. Falkland. Fen i/-l'"i t-on-Craig. FlisU. Forgan. Jnvi i ki ilh ing. K< ■in bark. Ki n noway. Kettle. Kilconquhar. Kilmany. K'iI min if. Kinghom. Kinglassie. Kingsbams. Kirkcaldy and Dysart. Largo. Leslie. /.< uchars. Logie. Markinch. M "iii mail . Moonzie. Newburgh . \ ■ n'liirn. Pittenweem. St. A ndri a- "ml St. Leonards. St. Monans. Saline. Small ir. Strath miglo. Ton yburn. Tulliallan. Wemyss. Arbirlot. Arbroath ami St. Vigean. A uchterhouse. Barry. Brechin. Carmylie. Craig. Dun. Dundee Combination. Dunnichen. Eassie anil X'"vay. Farnell. /■ IRFABSHIRE. Parishes. Forfar. Foiclis Easter. (.'I a mis. Guth vie. Inverarity. I n ri rheilor. Kettins. Kin n i II . I\~ i n nettles. Kirkden . Liff and Benvie. Logie Pert. Lunan. Luii die. Mains and Strathmar- tine. M a niton. Monifieth. Monikie. Montrose. Murines. Newtyle. I 'a n bride. T coding. II WDINOTOHSHIRE. The whole count;/. Ard' isn i Croy. Daviot. ISYERNESSSHIRE. Parishes. Dores. I n in mess. Kirk hill. Moy and Dalarossie. Petty. ( 'Irish . Fossoway. Kinross. Parish s. Kinross. (hirill. /'• rimoak. Linlithgowshire (Wb& /arm ax.) The whole county. 62 Aliens Restrict ion Order, 1914. Abernytc. Errol. Er shine. Greenock. Houston. Alness. Avoch. Cromarty. DinuiraJl. Edderton. Fearn. Airth. Buchanan. X urnsbire. The whole county. Orkney. The whole county. Perthshire. Parishes. Inchture. RENFRE WSH III E Parishes. Inchinnan. In verkip. Kilbarchan. Boss and Cjiom.uitv. Parishes. Killearnan. Kilmuir-Easter. Kiltcam. Knockbain. Tjoijie Easter. Nigg. Stirlingshire. Parishes. Grangemouth. Sl'THERLANDSHIRE. Parishes. Clyne (East of river Dornoch. Shin). Golspie. Greich. Loth. Long f organ. Kilmalcolm. Lochwinnoch. Port Glasgow. Besolis. Bosemarkic . Bosskeen. Tain. Tarbat. Urquhart. Mviravonside. Bogart. Zetland. The whole county. The following areas are prohibited areas in Ireland: — Antrim. County Borough. — Belfast. Urban Districts. — Ballyclare : Ballymena: Garrickfergus: Larne : Lisburn. Rural Districts. — Antrim: Ballymena: Belfast: Lame: Lisburn. Cork. County Borough. — Cork. Urban Districts. — Midleton: Queenstown: Youghal. Rural Districts. — Bandon: Cork: Kinsale: Midleton: Youghal, No. 1. Donegal. Rural Districts. — Inishowen: Millord: Londonderry, No. 2. Aliens Restriction (No. 2) Order, L914. 63 Dom \. Urban Districts. Hangar: I'onaghadee: Kolywood: Newtown A Rural Districts. Costlereagh: Dowwpatrick: Hilsborough: Newtown Ards. ItO \ DOXDEItRi . County Borough. — Londonderry. Rural District. Londonderry ( " Vorth West Liberti - ' only). II ' I'fERFOIW. Rural District. Youghal No. 2. Tin it it Sriir.hi-Li:. Matteiis is iti:sri:ic, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows ; Carrying on of Banking Business. /. An alien enemy shall not carry on or engage in any banking business except with the permission in writing of the Secretary of State, and to such extent and subject to such conditions and super- vision as the Secretary of State may direct, and an alien enemy who is or has been carrying on or engaged in banking business shall not, except with the like permission, part with any money or securities in the bank where he is or has been carrying on or engaged in business, and shall, if so required, deposit any such money or securities in such custody as the Secretary of State may din Any constable, if authorized by a superintendent of police, or officer of higher rank, may, for the purpose of enforcing the pro- visions of this Article, enter, if necessary by force, and search or occupy any premises in which the business of banking is or has been carried on by an alien enemy. For the purposes of this Article, any person who is a. member of a firm or a director of a company carrying on banking business in the United Kingdom shall be deemed to be carrying on banking business. This Article shall have effect as though it were included and had always been included in the Aliens Restriction Order, 1914. Amendment of Article 12 of the Aliens Restriction Order, 1914. 2. The power under Article Twelve of the Aliens Restriction Order. 1914, of detaining an alien ordered to be deported under that Order ivhilst awaiting the departure of his ship, and whilst being conveyed to the ship, and whilst on board the ship, until the ship finally leaves the United Kingdom, extends so as to include a power of detaining, in such manner as the Secretary of State may direct, any alien so ordered to be deported, until he can, in tin opinion of the Secretary of State, be conveniently conveyed to and /dared on board a ship about to leave the United Kingdom, and he shall whilst so detained be deemed to be in legal custody. Amendment of Article 3 of the Aliens Restriction Order, 1914. 3. The following Article shall be substituted for Article Three of flu Aliens Restriction Order, 1914: — ' 3. An alien enemy shall not land in the United King- dom at an approved port without the permission of a Secre- tary of State.''' I. This Onlrr may be cited as the Aliens Restriction (No. 2) Order. 1914. Almeric Fitzrov. Aliens Restriction (No. 3) Order, 1914. 65 The Aliens Restriction (No. 3) Order, 1914. (a)(b) 1!M1. \o. 1220. At the Court -8 above. (d) Printed at p. 63 above. 5750 v 66 Aliens Restriction (No. 3) Order, 1914. "Provided also that where any such permit is //ranted to any person with a view to his lea ring one registration district and going to reside in another, the permit may, at the end of the period for which it was issued, be delivered to tlte registration officer of the new district instead of being returned to the registration officer by whom it teas granted." (4) The following additions shall be made to subsection (I) of Article twenty-three of the Principal Order: — /// paragraph (a) thereof, after the word " explosives " there shall be inserted the words " or material intended to be Cl used for the manufacture of explosives " : In paragraph (e) thereof, after the word " cycle " there shall be inserted the words " motor-boat, yacht " ; At the end of paragraph (1) thereof there shall be inserted the following additional paragraphs : — " (o) an !J telephone installation; " (h) any camera or other photographic apparatus; " (i) any military or naval map, chart, or handbook . (5) The following subsection shall be added to Article twenty- seven of the Principal Order: — " The Secretary of State with a view to giving full effect to tin's Order may direct that passengers on ships entering or leaving any port in the United Kingdom, shall be subject to such restrictions, control, and super- vision as may appear necessary or expedient, and may impose general conditions as respects ships entering or leaving any such port, and it shall be the duty of all persons to comply with any such direction." (6) The First Schedule of the Principal Order shall be amended as respects the first column thereof by the omission of the ports of Greenock and Rosslare, and by tlte inclusion of the ports of Glasgow and Newcastle-upon-Tyne, and as respects the second, column thereof by the omission of " Prince's Pier" and " Hallway Pier ' as applicable to Greenock and Rosslare respectively, and by the insertion of ' Meadow side Quay" and " Newcastle Quay " as applicable to Glasgow and Newcastle-upon- Tyne respectively. (7) In the Second Schedule of the Principal Order, in the list of prohibited areas in Cheshire, Wallasey shall be transferred from the urban districts to tlte county boroughs, in the list of prohibited areas in Lancashire, Bootle shall be added to the county boroughs, and in the list of prohibited areas in Monmouth- shire, M ynyd dislwya shall be added to the urban districts. Short title 2. — This Order may be cited as the Aliens Restriction (No. 3) Order, 1914, and the Principal Order, the Aliens Restriction, (No. 2) Order, and this Order shall be construed together as one Order and may be cited together as the Aliens Rest rid ion Orders, 1914. Almeric FitzRoy. strurtion. nit s. Aliens Restriction (No. -i) Order, 1914. 67 The Aliens Restriction (No. h Order, 1914. (a)(b) /.';//. ,\o. /j.;s. .1/ the Court } August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas by the Aliens Restriction (inter, 1914, (c) His Map ty luis been pleased to impose rest net ions upon aliens, mo! to make various provisions for carrying those restrictions into effect: And whereas it is desirable to extend the said Orders m manm ■ hereinafter provided : Now, therefore, Ills Majesty is pleased, by mid with the advia of His Privy Council, to order, mid it is hereb// ordered, o follows :— /. The following Article shall he inserted offer Article twenty- Restriction three of the Aliens Restriction Order, 1914: — on circula- tion of Restriction with respect to Newspapers. amoS™ 23a. — (1) The circulation among alien enemies of any news- paper wholly or mainly in the language of a State, or any part of a State, at war with His Majesty, is prohibited, unless the permission in writing of a Secretary of State has been first obtained, and such conditions as may be prescribed by the Secretary of State are com plied with. (2) An// person publishing an// newspaper for circulation in Contravention of this Order shall be deemed to hare acted in contravention of this Order, and where u Secretary of State is satisfied that an// neirspapcr has been, or is about to be, published for circulation in contravention of this Order, he man authorize such persons as he thinks fit to enter, if needs be by force, an// premises, and to seize any copies of the newspaper found thereon. and also an// type or other plant used or capable of bcin/i used for the printing or prod action of the ncirspaper , and to deal with an// articles so seized in such manner as the Secretary of State may direct. (3) In this Article, the expression "newspaper' includes periodical. 2. Tins Order ma// be cited as the Aliens Restriction (No. 4) Order. 1914, and shall be construed as one with the Aliens Rest net ion Orders, 1914, and ma// be cited with those Orders as the Aliens Restriction Orders. 1914. Almeric FitzRoy. (a) This Order was repealed by the Aliens Restriction (Consolidation) Order, H>14 (printed at pp. 68-85 above), as from September 9th, 1914. (b) This Order was published in the "London Gazette" of August "20th, 1914, being a Supplement to the Gazette of August 18th : in the " Edinburgh Gazette" of August 21st, 1914 ; and in the " Dublin Gazette" of Aligns 21st, 1914. (c) Printed at pp. 48-63 above. -.0 E 2 68 Aliens Restriction (Consolidation) Order, 1914. The Aliens Restriction (Consolidation) Order, 1914. (a) (b) 1914. No. 1374. At the Court at Buckingham Palace, the 9th day of September, 1914. present : The King's Most Excellent Majesty in Council. Whereas by the Aliens Restriction Act, 1914, (c) power is con- ferred upon His Majesty in time of war or imminent national danger or great emergency by Order in Council to impose restrictions on aliens, and to make such provisions as may be necessary or expedient for carrying such restrictions into effect: And whereas a state of war at present exists between Great Britain and Germany and also between Great Britain and Ausli in- Hungary (d) ; And whereas by Orders in Council dated respectively the fifth, (e) tenth, (f) twelfth, (gr) and twentieth(h) f August in the present year His Majesty was pleased to make various provisions under the said Act, and it is desirable to consolidate the said Orders in Council, with amendments : Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows : — Part I. Restrictions on Aliens entering and leaving the United Kingdom. Approved Ports and Prohibited Ports. Definition of 1- — (1) For the purposes of this Order, the following ports- approved are approved ports, that is to say: — - ports and Aberdeen, Falmouth, prohibited Dundeej Briatolj Newcastle-upon-Tyne, Holyhead, West Hartlepool , Liverpool , Hull, Glasgow, London, Dublin; Folkestone, and any other port or place in the United Kingdom is, for the purposes of this Order, a prohibited port. (a) This Order is extended by the Aliens ^Restriction (Change of Name) Order, 1914, printed in the Supplement at the end of this Manual, which adds a new Article (2oa). (b) This Order was published in the "London Gazette "of September 9th, 1914, being the 2nd Supplement to the Gazette of September 8th; in the • Edinburgh Gazette" of September 11th, 1914 ; and in the " Dublin Gazette '' of September 11th, 1914. (c) 4 & 5 Geo. 5 c. 12. This Act is printed at pp. G 8 above. (d) Se$ Notifications of a State of War, printed p. 1 above. (e) Printed at p. 48 below. (f ) Printed at p. 63 below, (g-) Printed at p. 65 below, (h) Printed at p. 67 below. Aliens Restriction (Consolidation) Order, L914, »» C J (2) For the purposes of this Order the limits of the approved ports shall be those specified in the First Schedule to this Order, and any part of an approved port outside those Limits shall be treated as though it were part of a prohibited port. (3) A Secretary oi State may by order, after consulting the Admiralty and the Army Council, add any porl to the Lis1 of approved ports, or remove ;m\ porl Prom thai list, and prescribe or alter the limits of any approved port ; and this Order shall thereupon have effect accordingly. .Minis entering the United Kingdom. o — (i) ^ n a ii en gna i] no t band in the United Kingdom at Aliens not a prohibited port: to land at Provided that- . ^ lblted (a) where a Secretary of State is Satisfied that an alien 1 '" friend has arrived at a prohibited port in ignorance of the provisions of this Order or in any other circumstances entitling him to special consideration, and may safely be permitted to land, he may gralrl him permission accordingly; and (b) subject to the provisions of this Order the foregoing prohibition shall not, unless in any particular case an aliens officer so directs, apply to an alien friend who is the master or a member of the crew of a vessel arriving at a prohibited port, if whilst he is on shore he complies with such requirements (if any) as may be imposed upon him or upon masters and seamen generally by an aliens officer at the port : and any alien friend who lands in accordance with this proviso, and, if conditionally disembarked, who complies with the condi- tions, shall not be liable to any penalty for landing at the port in question. 3. An alien enemy shall not land in the United Kingdom Alien at an approved port without the permission of a Secretary of ^llSdwith- otate. ou t permits. 4. An alien arriving at an approved port may, if a Secretary Powers with of State so directs, or if an aliens officer at the port is satisfied ^^ t0 that he cannot safely be permitted to land in the United | l ;l ^ ma at Kingdom, be treated as though the port were a prohibited port. approved port. 5. An alien landing in contravention of this Order, and an Detention alien arriving at any port in circumstances in which lie is pro- of aliens hibited from landing, may, until dealt with under this Order, United? * be detained in such manner as a Secretary of State may direct Kingdom, and whilst so detained shall be deemed to be in legal custody. 6. An alien shall not land at any port in the United Kingdom Aliens not having in his possession — lt ! c "' (a) any firearms or other weapons, ammunition, or explo- K |"^} ora sives; withfire- (6) any petroleum spirit, naphtha, benzol, petroleum, or arms, &c. other inflammable liquid in quantities exceeding three 'gallons ; 70 Aliens Restriction (Consolidation) Order, 1914. Conditional landing. (c) any apparatus or contrivance intended for or capable of being used for signalling apparatus, either visual or otherwise; (d) any carrier or homing pigeons; (e) any motor car. motor cycle, or aircraft; or (/) any cipher code or other means of conducting secret correspondence ; and where an alien lands with any such Articles in his possession he shall forfeit the articles and shall he deemed to have imported them in contravention of the provisions of the Customs Consoli-. datiou Act, 1876,(») as though the articles in question were con- tained in the table of prohibitions and restrictions set out in section forty-two of that Act: Provided that where an aliens officer considers that an alien friend arriving at any port may safely be permitted to land with any such articles as aforesaid in his possession, he may permit him to land accordingly, and the foregoing provisions of this article shall not apply. J. An alien conditionally disembarked under the directions of an aliens officer for the purpose of inquiry or examination shall not for the purposes of this Order be deemed to have landed so long as the conditions are complied with. Aliens not to embark at prohibited ports. Provision as to alien enemies leaving a port without having landed. Alien enemies not to embark without per- mit. Aliens leaving the United Kingdom. 8. An alien shall not, except in pursuance of an order of deportation under this Order, embark in the United Kingdom at a prohibited port : Provided that — (a) where a Secretary of State is satisfied that any alien friend who desires to embark at a prohibited port may safely be permitted to do so, he may grant him permission accordingly; and (b) subject to the provisions of this Order the foregoing prohibition shall not, unless in any particular case an aliens officer so directs, apply to an alien friend who is the master or a member of the crew of a vessel leaving a prohibited port; and any alien friend who embarks m accordance with this proviso shall not be liable to any penalty for embarking in the Tinted Kingdom at the port in question. 9. Where an alien enemy is about to leave any port on board a vessel on which he has arrived at the port he may for the purposes of this Order, if a Secretary of State so directs or if it appears necessary to an aliens officer in the interests of public safety, be treated as though he had embarked at that port in contravention of this Order, but shall not be subject to any fine or imprisonment for so embarking. 10. An alien enemy shall not, except in pursuance of an cider of deportation under this Order, embark in the United Kingdom at an approved port, unless provided with a permit issued by a Secretary of State: (a) 39 & 40 Vict. c. 36. Aliens Restriction (Consolidation) Order, 1914. 71 Provided thai an alien enemy aboirl to embark in the United Kingdom a1 an approved port, even when provided with such permit as aforesaid, may, if a Secretary of State so directs, or if in the opinion of an alien- officer be cannol safely be permitted to embark, be treated as though the port were a prohibited port. 11. An alien embarking or aboirl to embark in the I nited Detention Kingdom in contravention of this Order may, until dealt with of alk-.is under this Order, be detained in such manner as a Secretary of embarking. Stat*- may direct, and whilst so detained shall be deemed to be in legal custody. 12. — (1) A Secretary of State may order the deportation of Deportation any alien, and any alien with respect to whom such an order is of alien-. made shall forthwith leave and thereafter remain out of the United Kingdom. (2) Where an alien is ordered to be deported under this Order, lie may, until he can, in the opinion of the Secretary of State, be conveniently conveyed to and placed on board a ship about to leave the United Kingdom, and whilst being conveyed to the ship, and whilst on board the ship until the ship finally leaves the ( 'nited Kingdom, be detained in such manner as the Secretary of State directs, and, whilst so detained, shall be deemed to be in legal custody. Obligations on Masters of Vessels. y.\ — (J) The master of every vessel, whether British or foreign, Obligations arriving at or leaving a port in the United Kingdom shall, imme- onmastersof diately ou the arrival of the vessel at that port, or, as the case assets, may be, not more than twenty-four hours before leaving that port, furnish to an aliens officer at that port, with respect to all persons on board the vessel, or intending to embark on the vessel, such particulars in such manner as the Secretary of State may direct, and shall otherwise take all reasonable steps in his power for securing the enforcement of this Order. (2) The master of a vessel arriving at or leaving any port shall not permit any persons to land or to embark without the sanction of an aliens officer at the port. (3) Where a person lands or embarks at any port in contraven- tion of this Order, the master of the vessel from which he lands or on which he embarks shall, unless he proves the contrary, be deemed to have aided and abetted the offence. 14. The master of a ship about to call at any port shall, if so Obligation to required by a Secretarv of State or an aliens officer, receive an afford pj alien and his dependants, if any. on board his ship and afford age to aliens, him or them a passage to that port, and proper accommodation and maintenance during the passage, and, if the ship is the same or belongs to the same owners as the ship in which the alien arrived in the United Kingdom, shall, if so required as afore- said, afford such passage, accommodation, and maintenance free of charge. 72 Aliens Restrict ion (Consolidation) Order, 1914. Aliens officer-;. Aliens Officers. 15. — (1) The following persons, that is to say — (a) any immigration officers appointed under tne Aliens Act, 1905; and (b) anv persons appointed for the purpose by a Secretary of State; shall be aliens officers for the purposes of this Order at the various ports in the United Kingdom, and shall in the exercise of their powers ad under general or special instructions from the Secre- tary of State, ami. subject to such instructions, shall have power to enter on board any vessel, and to detain and examine all persons arriving at or leaving any port in the United Kingdom, and to require the production of any documents by such persons* and generally to take such steps as are sanctioned by this Order or as may be necessary for giving effect to this Order. Part I. not to apply in certain cases. Exceptions. 16. This Part of the Order shall not apply— (a) to prisoners of war; or (b) to children appearing to an aliens officer to be under the a"-e of fourteen. Power to order aliens to reside in certain areas. Prohibition on alien enemies residing in prohibited areas. Registration of aliens. Part II. Kestrictions on Aliens residing in the United Kingdom. Residence and Registration of Aliens. 17. A Secretary of State may by order require any alien enemy to reside or continue to reside in any place or district specified in the order, and the alien shall comply with the order. 18. — (1) An alien enemy shall not enter, or reside or continue to reside either temporarily or ^permanently in, any of the areas specified in the Second Schedule to this Order (in this Order referred to as prohibited areas) unless provided with a permit issued by the registration officer of the district, subject to the general or special instructions of a Secretary of State. (2) A Secretary of State may by order, after consulting the Admiralty and the Army Council, add any area to the list of prohibited areas in the said Schedule, or remove any area or part of an area from that list; and this Order shall thereupon have effect accordingly. 19. — (1) An alien residing in a prohibited area, and an alien enemy wherever resident, shall comply with the following requirements as to registration: — (a) he shall as soon as»may be furnish to the registration officer of the registration district in which he is resident particulars as to the matters set out in the Third Schedule to this Order : (b) he shall, if he is about to change his residence, furnish to the registration officer of the registration district in which he is then resident particulars as to the date on which his residence is to be so changed, and as to Aliens Restriction {Consolidation) Order, L914. 73 his intended place of residence, unci on effecting any such change of residence he shall forthwith report himself to the registration officer of the registration district into which he moves : (c) he shall furnish to the registration officer of the registra- tion district in which he is resident particulars of any circumstance affecting in any manner the accuracy of the particulars previously furnished by him for the purpose' of registration within forty-eight hours ait. i the circumstance has occurred. (2) Where an alien is lodging with or living as a member oi the household of any other person, it shall he the duty of thai person either himself to furnish with respect to the alien the particulars aforesaid, or to give notice of the presence of the alien in his household to the registration officer. (3) Where an alien has a household he shall furnish the par- ticulars as aforesaid not only as respects himself, but as respects every alien who is living as a member of his household. 20. — (1) For the purposes of this Order, the chief officer of police of the police district shall be the registration officer, and the police district shall be the registration district: Provided that where a prohibited area includes the whole or part of more than one police district, arrangements may be made by a Secretary of State for constituting that prohibited area a single registration district, and for the appointment of a regis- tration officer for that district. (2) A registration officer shall — (a) keep for his registration district a register for the pur- poses of this Act(a) ; (&) register therein all aliens resident in his district who furnish particulars for the purpose, by entering these particulars on the register; (c) enter on the register all other particulars furnished in accordance with this Order with respect to any alien so registered ; and (d) if a registered alien ceases to be resident in his district. record the fact in the register. (3) The obligation of a registration officer to enter particulars upon the register shall not be a fleeted by the fact that the parti- culars may not have been furnished within the time required by this Order, without prejudice, however, to the liability of an alien to a penalty for not furnishing the particulars within the required time. (4:) Every alien shall furnish to the registration officer, in addition to any such particulars as aforesaid, any information which may reasonably be required for the purpose of registerine the alien, or maintaining the correctness of the particulars entered on the register. 21. An alien enemy shall not travel more than five miles from his registered place of residence unless furnished with a permit from the registration officer of the req'istratiou district in which Register of aliens. (a) The Aliens Restriction (Change of Name) Order, 1914, of October 8th, printed in the Supplement at the end of this Manual >ulstitutes the word •'Order" for " Act." Prohibition on alien enemies tra- velling more than five miles from registered address. 'i Alien* Restriction (Consolidation) Order, 1914. that place of residence is situate, which permit shall not cover a period exceeding twenty-lour hours from the date of its issue and shall be returned to the registration officer at the end of the period for which it was issued : Provided that — (a) any such permit may, if the registration officer in view ol any special circumstances so decides, cover a period exceeding twenty-four hours, but not exceeding four days, from the date of its issue, subject, however, to the condition that the holder thereof shall on each day during the currency of the permit report him- self to the registration officer of the district in which he then i-. and subject also to any other conditions which may be prescribed by the registration officer granting the permit; and (b) where any such permit is granted to any person with a view to his leaving one registration district and going to reside in another, the permit may, at the end of the period for which it was issued, be delivered to the registration officer of the new district instead of being returned to the registration officer by whom it was granted : and (c) in the case of an alien enemy having a bond fide place of business more than five miles from his registered place of residence the registration officer may, if he thinks fit. grant a permit enabling him to travel to or from his place of business, which shall be renew- able from time to time as and when the registration officer so directs. Possession of Firearms, Sfc., by Alien Enemies. Prohibition 22. — (1) An alien enemy shall not, except with the written on alien permission of the registration officer of the district in which he enemies resides^ be in possession of — armaNScc. (a ) a ". v firearms or other weapons, ammunition or explosives, in their or material intended to be used for the manufacture ion. of explosives; (6) any petroleum spirit, naphtha, benzol, petroleum, or other inflammable liquid in quantities exceeding three gallons ; (c) any apparatus or contrivance intended for, or capable of being used for, a signalling apparatus, either visual or otherwise ; (d) any carrier or homing pigeons; (e) any motor car, motor cycle, motor boat, yacht, or air- craft : or (f) any cipher code or other means of conducting secret correspondence ; (g) any telephone installal ion ; (h) any camera or other photographic apparatus; (i) a ny military or aaval map, chart, or handbook. Aliens Restriction (Consolidation) Order, 1914. 75 (2) If a justice of the peace is satisfied by information on oath thai there is reasonable ground for suspecting any con- travention of the foregoing provision, be may grant a search warrant authorising any constable named therein to enter at any time any premises or place named in the warrant, if necessary l,\ force, and to search the premises or place and every person found therein, and to seize any article which is being kept in the premises or place in contravention of this Article. Where it appears to a superintended or inspector of police, or any police officer of higher rank, that the case is one of great emi rgency, and that in the interests of the Stale immediate action is necessary, he may by a written order under his hand give to any constable the like authority as may be given by the warrant of a justice under this Article. Restriction on Circulation of Newspapers. •Zo. — (1) The circulation among' alien enemies of any news- paper wholly or mainly in the language of a State, or any part of a State, at war with His Majesty, is prohibited, unless the permission in writing of a Secretary of State has been first obtained, and such conditions as may be prescribed by the Secretary of State are complied with. (2) Any person publishing any newspaper for circulation in contravention of this Order shall be deemed to have acted in contravention of this Order, and where a Secretary of State is satisfied that any newspaper has been, or is about to be, published for circulation in contravention of this Order, he may authorize such persons as he thinks fit to enter, if needs be by force, any premises, and to seize any copies of the newspaper found thereon, and also any type or other plant used or capable of being used for printing or production of the newspaper, and to deal with any articles so seized in such manner as the Secretary of State may direct. (3) In this Article, the expression "newspaper' includes periodical. Carrying on of Banking Business. 24. — (1) Au alien enemy shall not carry on or engage in any banking business except with the permission in writing of the Secretary of State, and to such extent and subject to such con- ditions and supervision as the Secretary of State may direct, and ar* alien enemy who is or has been carrying on or engaged in banking business shall not. except with the like permission, part with any money or securities in the hank where he is or has been cairying on or engaged in business, ami shall, if bo required, deposit any such money or securities in such custody as the Secretary of State may direct. (2) Any constable, if authorized by a superintendent of police. or officer of higher rank. may. for the purpose of enforcing tip' provisions of this Article, enter, if necessary by force, and search or occupy any premises in which the business of banking is or has been carried on bv an alien enemv. Restriction on circula- tion of news- paper- amongst alien enemi*--. Restrictions with respect to banking. 76 Aliens Restriction (Consolidation) Order, 1914. Power to close chit is. (3) For the purposes of this Article, any person who is a member of a firm or a director of a company carrying on banking business in the United Kingdom shall be deemed to be carrying- on banking business. Provisions as to Clubs frequented by Alien Enemies. 25. — (1) A chief officer of police, if so authorised by general or special order of the Secretary of State, may direct that any premises within his jurisdiction which, in his opinion, are used for the purposes of a club which is habitually frequented by alien enemies, shall be kept closed, either altogether or during such hours as may be required by him; and where any such direction is given in respect of any premises, no alien enemy shall enter or be on the premises at any time when the premises are directed to be closed. (2) Any constable, if authorised by the chief officer of police, may. for the purpose of enforcing the provisions of this Article, enter, if necessary by force, and search or occupy any premises to which an order under this Article relates. Penalty. Disobedience to aliens officers and other offences. Part III. General. 26. If any person acts in contravention of or fails to comply with any provisions of this Order, he is liable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment with or without hard labour for a term not exceeding six months, and the court before which he is convicted may, either in addition to or in lieu of any such punishment, require that person to enter into recognizances with or without sureties to comply with the provisions of this Order or such provisions thereof as the court may direct. If any person fails to comply with an order of the court requiring him to enter into recognizances the court or any court of summary jurisdiction sitting for the same place may order him to be imprisoned with or without hard labour for any term not exceeding six months. 27. — (1) If any alien, master of a ship, or other person arriving at or leaving any port lands or embarks without the permission of an aliens officer, or refuses to answer any question reasonably put to him by an aliens officer, or makes or causes to be made any false return, false statement, or false repre- sentation to an aliens officer, or refuses to produce any document in his possession which he is required by an aliens officer to produce, or obstructs or impedes an aliens officer in the exercise of his powers or duties under the Order, he shall be deemed to have acted in contravention of this Order. (2) It any person furnishes or causes to be furnished to a registration officer any false particulars, or, with a view to obtaining any permit or permission under this Order, makes or causes to be made any false statement or false representation, he shall be deemed to have acted in contravention of this Order. Aliens Restriction {Consolidation) Order, 1914. ~< 28. If any pemon aids or abets any person in any contra- Persons vention of this Order, or knowingly harbours any person whom aidingand he knows or has reasonable "•round for supposing to have acted abetting, in contravention of this Order, he -diall be deemed himself to have acted in contravention of this Order. 29. Any person who acts in contravention of this Order, or is Arret reasonably suspected. of having so acted, or being about so to act, ma\ be taken into custody withoul warrant by an aliens officer or by any constable. 30.— (1) A Secretary of State may, if he thinks it necessary Additional in the interests of public safety, direct thai any of the provisions g|™ '^ of of this Order as to alien enemies shall in particular cases be state. applicable to other aliens, and thereupon such provisions shall apply accordingly. (2) A Secretary of State may, if he thinks fit. direct that any powers or duties assigned under this Order to aliens office! - or to registration officers shall be discharged by other person- deputed by the Secretary of State for the purpose. (3) The Secretary of State, with a view to giving full effect to this Order, may direct that passengers on ships entering or leaving any port in the United Kingdom shall be subject to such restrictions, control, and supervision as may appear neces- sary or expedient, and may impose general conditions as respect- ships entering or leaving any such port, and it shall be the duty of all persons to comply with any such direction. 31. For the purposes of this Order — Interpretu- The expression "police district" means any district for uon ' which there is a separate police force; and the expres- sion " chief officer of police " means the chief con- stable, or head constable, or other officer, by whatever name called, having the chief command of the police force of the district ; The expression " alien friend ' means an alien whose sovereign or State is at peace with His Majesty, and the expression " alien enemy " means an alien whose sovereign or State is at war with His Majesty; and References to landing or embarking shall, unless the context otherwise implies, be deemed to include reference- to attempting to land or attempting to embark respectively. 32. — (1) In the application of this Order to Scotland — Application mi u ,i ■ >) i (< , n to SfOtl:Ul«i the expressions the court and any court ot summary j [reland jurisdiction" mean the sheriff; The expressions "enter into recognisances with or without sureties " and '" enter into recognisance- ' mean " find caution." (2) In the application of this Order to Ireland — The expression " police district " means the police di-trict of Dublin metropolis and any county or other area 78 Aliens Restriction (Consolidation) Order, 1914. Order not to apply to ambassadors, &c. Short title, construction, and revoca- tion. for which a county inspector of the Royal Irish Constabulary or officer having the rank of such county inspector is appointed, and the expression "chief officer of police" means, as respects the police dis- trict of Dublin metropolis, the Chief Commissioner of the Dublin Metropolitan Police and as respects any other police district the county inspector of the Royal Irish Constabularly or officer having the rank of such county inspector as the case may be. The expression "superintendent of police" includes in the case of the Royal Irish Constabularly a sergeant and any officer of higher rank. 33. Nothing in this Order shall be construed as imposing any restriction or disability on any foreign ambassador or other public minister duly 'authorised, or any servants in actual attendance upon any such ambassador or public minister. 34. d) This Order may be cited as the Aliens Eestriction (Consolidation) Order, 1914. (2) The Interpretation Act, 1889, (a) shall apply for the purpose of the interpretation of this Order in like manner as it applies for the purpose of the interpretation of an Act of Parliament. (3) The said Orders in Council of the fifth, tenth, twelfth, and twentieth of August, imposing restrictions on aliens, are hereby revoked : Provided that the revocation of any such Order shall not — (a) affect the previous operation of any Order so revoked or anything duly done or suffered under any Order so revoked ; or (b) affect any right, privilege, obligation, or liability acquired accrued or incurred under any Order so revoked ; or (c) affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any Order so revoked ; or (d) affect any proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, for- feiture, or punishment as aforesaid, and any permission or direction given, or order or requirement made, or other action taken under any Order so revoked shall be deemed to have been given, made, or taken under the corresponding provision of this Order. A Im eric FitzRo y . (a) 52 & 53 Vict. c. 63. Aliens Restriction (Consolidation) Order, 1914. Srlu dules I'tU-l S< ill I'l II- Limits ov Apfboved Pob ca. A ppi "\ i il Port, Aberdeen Dundee ... Newcastle-upon-Tyne West Hartlepool Hull London ... Folkestone Falmouth Bristol Holyhead Liverpool Glasgow Dublin Parts in< In led within Limits of Port. North of Scotland and Orkney and Shetland Steam Navigation wharf, outside the lock of Victoria Dork. Camperdown jetty. Newcastle quay. Central dock. Riverside quay. Tilbury docks and pontoon. I! ail way pier. Outer arm of harbour pier. Landing stage, Avonmouth dock-. London and North- Western Rail- way quay, east side. Landing stage. Meadowside quay. North wall and Kingstown Pier. Second Schedule. Prohibited Areas. The following areas are prohibited areas in England: — Cheshire. County Boroughs. — Birkenhead: Chester: Wallasey. Urban Districts. — Bromborough : Ellesmere Port and Whitby: Higher Bebington: Hoole : Hoylake and West Kirby: Lower Bebington : Neston ami Parkgate : Runcorn. liural Districts. — Chester (Civil Parishes of— Bache, Backford. Blacom cum Crabwall, Bridge Trafford, Capenhurst, Caughall, Chorlton by Backford, Croughton, Dunham-on-the-Hill, Elton, Great Saughall, Hapsford, Hoole Village, Ince, Lea by Backford, Little Saughall. Little Stanney, Mickle Trafford, Mol'lington, Moston, Newton-by- Chester, Picton, Shotwick, Shotwick Park. Stoke, Thornton-le-Moors, Fpton-by-Chester, Wervin, Wimbolds Trafford. and Woodbank only): Runcorn (Civil Parishes of — Acton Grange, Antrobus, Appleton, Partington, Crowley, Daresbury, Dutton, Grappenhall, Great Bud- worth, Hatton. Higher Whitley. Keckwick, Latchford Without. Lower Whitley. .Moore. Newton-by-Daresbury, Preston-on-the-Hill. Seven Oaks, Stockton Heath, Stretton, Thelwall, Walton Inferior. Walton Superior, A.ston-by-Suttcn, Aston Grange, Clifton. Halton, Norton. Sutton, and Weston only): Wirral. Cornwall. -Falmouth : Helston Ludgvan Penryn : Penzance: St. Ives: .Madron : Paul : Phil- Municipal Boroughs Saltash: Truro. Urban Districts. — Camborne: Hayle: lack: Redruth: St. Just: Torpoint. liural Districts. — East Kerrier : Helston: Redruth: St. Germans: Truro West Penwith. 80 Aliens Restriction (Consolidation) Order, 1914. Devonshire. County Boroughs. — Devonport : Plymouth. Urban Districts.— -East Stonehouse : Ivybridge. Rural Districts.— Plympton St, Mary: Tavistock (Civil Parish of Bere Ferrers only). Dorsetshire. Municipal Boroughs.— Dorchester : Poole: Weymouth and Melcombe Regis. Urban Districts. — Portland: Swanage. Rural Districts.— Dorchester : Poole: Wareham and Porbeck : Weymouth. Durham. County Boroughs. — Gateshead: South Shields: Sunderland: West Hartlepool. Municipal Boroughs. — Durham : Hartlepool: Jarrow: Stockton-on-Tees. Urban Districts.— Annfield Plain: Benfieldside : Blaydon : Brandon and Bvshottles: Chester-le-Street : Consett : Felling: Hebburn : Hetton : Houghton-le-Spring : Leadgate : Ryton : Seaham Harbour: South- wick-on-Wear : Spennymoor : Stanley: Tanfield : Tow Law: Whick- ham : Willington. Rural Districts.— Chester-le-Street: Durham: Easington : Hartlepool: Houghton-le-Spring : Lanchester : Sedgefield : South Shields : Stockton: Sunderland. Essex. Municipal Boroughs. — Chelmsford : Colchester : Harwich : Maldon : Southend-on-Sea. Urban Districts.— Brentwood : Brightlingsea : Burnham-on-Crouch : Clac- ton : Frinton-on-Sea : Grays Thurrock : Leigh-on-Sea : Shoeburyness : Tilbury : Walton-on-the-Naze : Witham : Wivenhoe. Rural Districts.— Billericay : Braintree— (Civil Parishes of— Feering, Great Coggeshall, Kelvedon, Little Coggeshall, Markshall, Rivenhall, Fairsted, Faulkbourne, Hatfield Peverel, and Terling only); Chelms- ford: Lexden: Maldon: Orsett, Rochf ord : Tendring. Gloucestershire. County Borough. — Bristol. Urban Districts. — Colef ord : Kingswood. Rural Districts.— Chipping Sodbury : Lydbury : Thornbury : Warmley : West Dean. Hampshire. County Boroughs. — Bournemouth: Portsmouth: Southampton. Municipal Boroughs. — Christchurch : Lymington : Romsey. Urban Districts. — Eastleigh and Bishopstoke : Fareham : Gosport and Alverstoke : Havant : Itchen : Warblington. Rural Districts.— Christchurch: Fareham: Havant: Lymington: New Forest: Romsey: South Stoneham. Isle op Wight. Municipal Boroughs. — Newport: Ryde. Urban Districts.— Cowes : East Cowes : St. Helens: Sandown : Shanklin : Ventnor. Rural District. — Isle of Wight. Aliens Restriction (Consolidation) Order, 1914. 8] Kent. Count;/ Borough. — Canterbury . Municipal Boroughs. Chatham: Deal: Dover: Faversham: Folkestone: Gillingham: Gravesend: Bythe: Lydd: Maidstone: Margate: New Romney: Queenborough : Ramsgate: Rochester: Sandwich. Urban Districts. Ashford: Broadstairs and St. Peter's: Cheriton: Eerne Bay: .Milton Regis: Northfleet: Sandgate: Sheerness: Sittii bourne: Walmer: Whitstable: Wrotham. Rural Districts. Blean: Bridge: Dover: Easl Ashford: Eastry: Blham: Faversham: Hollingbourne : Hoo: Isle of Thanet: Maidstone: Mailing: Milton: Romney Marsh: Sheppey: Strood: Wesl Ashford. LAN< \ -II IKK. County Boroughs. — Barrow-in-Furness : Blackpool: Bootle: Liverpool: St. Helens: Southport. Municipal Boroughs. — Lancaster: Morecambe: Widnes. Urban Districts. Allerton: Birkdale: Carnforth: Childwall: Dalton-in- Furness: Fleetwood: Formby: Grange: Great Crosby: Eeysham: Huyton-with-Roby : Kirkham: Lathom and Burscough: Litherland: Little Crosby: Little Woolton : Lytham: Much Woolton : Ormskirk: Poulton-le-Fylde : Preesall: Prescot: Rainford: Saint Annes-on-the Sea: Skelmersdale : Thornton: Ulverton: Waterloo with Seaforth. Bural Districts. — Fylde: Garstang: Lancaster: Lunesdale: Sefton: Ulverton: West Lancashire: Whiston. Lincolnshire. Count ii Borough. — Grimsby. Municipal Borough. Louth. Urban Districts. — Alford: Barton-upon-Humber : Brigg: Broughton: Brumby and Frodingham: Cleethorpe with Thrunscoe: Mablethor] .Market Rasen : Uoxliycnm Kisby: Scunthorpe: Skegness: Winterton. Bural District*. -Caistor: Glanford Brigg: Grimsby: Louth: Spilsby. -Monmouthshire. The whole county. Norfolk. County Boroughs. — Gt. Yarmouth: Norwich. Urban Districts. — Cromer: North Walsham : Sheringham. Bural Districts. — Aylsham: Blofield : East and West Flegg : Erpingham: Loddon and Clavering: Smallburgh. NORTHIMIiKHI.WD. County Boroughs. — Newcastle-upon-Tyne : Tynemouth. Municipal Boroughs. — Morpeth : • Wallsend. Urban Districts. — Amble: Ashington : Bedlingtonshire : Blyth : Cram- lington : Earsdon : Gosforth : Longbenton : Newbiggin-by-the-Sea : Newburn: Prudhoe: Seaton Delaval: Seghill: Weetslade": Whitley and Monkseaton : Willington Quay. Bural Districts. — Alnwick — (Civil Parishes of — Gloster Hill, Greens and Glantlees, Guyzance, Hauxlev. Hazon and Hartlaw, High Buston, Leebury, Low Bust on. Morwick, Newton on the Moor, Shilbottle, Sturton Grange, Swarland, Togston, Walkmill, AVarkworth. Whittlej and Woodhouse only): Castle Ward: Hexham — (Civil Parishes of — Bearl, Broomhaugh, Broomlev, Bywell, Dukershagg, Espershields, Healey, Hedley, High Fotherley, Horsier, Nafferton, Newlands, Newton, Newton Hall. Ovingham, Ovington, Biding, Shotley High Quarter, Shotley Low Quarter. Spital, Stelling. Styford, Welton Whittle, Whittonstall, and Wylam only) : Morpeth. 82 Aliens Restriction (Consolidation) Order, 1914. Somerset. Urban Districts.— Burnham : Clevedon : Highbridge : Portishead : Weston-super-Mare. liural Districts. — Axbridge : Clutton (except the Parishes of Chilcompton, Farrington Gurmey, and Stone Easton) : Keynsham: Long Ashton. Suffolk. C mnty Borough. — Ipswich. Municipal Boroughs. — Aldeburgh : Beccles : Lowestoft: Southwold. Urban Districts.— -Bungay: Felixstowe and Walton: Halesworth: Leiston-cum-Sizewell : "Saxmundham: Woodbridge. liural Districts.— Plomesgate : Samford : Woodbridge. Sussex. County Boroughs. — Brighton: Eastbourne. Municipal Boroughs. — Hove: Lewes. Urban Districts. — Newhaven : Portslade-by-Sea : Seaford. liural Districts. — Chailey: Eastbourne: Hailsham— (Civil Parishes of— Arlington, Chalvington, Chiddingly, Hailsham, Hellingly, Laughton, Ripe only): Newhaven: Steyning East : Westbourne : AVest Hampnett (Civil ' Parishes of — Appledram, Birdham, Donnington, Earnley, East Wittering. Htinston, Merston, New Fishbourne, North Mund- ham, Oving, Selsey, Sidlesham, West Itchenor, and West Wittering only). Yorkshire. County Boroughs.— Kingston-upon-Hull : Middlesborough. Municipal Boroughs. — Beverley: Bridlington: Hedon : Scarborough: Thornaby-on-Tees. Urban Districts . — Cottingham : Est on : Filey: Great Driffield: Guis- borough: Hessle : Hinderwell : Hornsea: Loftus : Malton : Norton: Pickering: Redcar : Saltburn-by-the-Sea : Skelton and Brotton : South Bank in Normanby: Whitby: Withernsea. Ttural Districts.— Beverley: Bridlington: Driffield: Guisborough : Kirby Moorside: Malton: "Middlesborough: Norton: Patrington : Picker- ing: Scarborough: Sculcoates: Sherburn : Skirlaugh: Stokesley: Whitby. The following areas are prohibited in Wales: — Glamorganshire. The whole county. Pembrokeshire. Municipal Boroughs. — Haverfordwest : Pembroke: Tenby. Urban Districts.— Fishguard: Milford Haven: Neyland. Bural Districts.— Haverfordwest: Narberth: Pembroke. The following areas are prohibited areas in Scotland: — Aberdeenshire. I'arish cs. — Aberdovx : Belhelvie : Crimond : Cruden : Drumoak : D3 Echt: Ellon: Fintray: Foveran : Fraserburgh: Kmellar: Lo Buchan: Longside : Lonmay: Methlick: New Deer : Newhi lis : Non Machar: Old Deer: Old Machar: Peter Culter : Peterhead: 1 itshgo : Rathen: St. Nicholas: St. Fergus : Skene: Slains: Strichen: rarves: Tvrie : Udny. Aliens Restriction (Consolidation) Order, 1914. Argyllshire. Parish Campbeltown: Dunoon and Kilmun: Enverchaolain : Kilcal- monell; Kilfinan: Killean and Kilchenzie: Kilmodan: Lochgoilhead ■ Saddel and SkipneBs: Southend: Strachur: Stralachlan. AVHMIIRE. Parishes.— Ardrossan : Ayr: Beith : Coylton : Craigie: Dairy: Dalrymple: Dreghorn: Dundonald : Dunlop : Fenwick : Irvine: Kilbirnie: Kil- bride, West: Kilmarnock: Kilmaurs: Kilwinning: Largs: Mauch- line: Maybole: .Monkton and Prestwick : Ochiltree: Hiccarton: Stair: Stevenston : Stewarton : Symington: Tarbolton. Buteshire. The whole county. Caithness-shire. The whole county. Dumbartonshire. Parishes. — Arrochar: Bonhill : Cardross: Dumbarton: Kilmarnock: Kilpatrick, New : Kilpatrick, Old : Luss : Roseneath : Row. Edinburghshire (Mid-Lothian). Parishes. — Borthwick : Calder, Mid. : Calder, West: Carrington : Cockpen Colinton: Corstorphine : Cramond: Cranston: Crichton : Currie Dalkeith : Edinburgh : Fala : Glencorse : Inveresk : Kirknewton Lasswade : Leith : Liberton : Newbattle: Newton: Penicuik: Ratho- Temple. Elginshire. Parishes. — A Ives : Bellie : Birnie : Dallas: Drainie : Duffus : Dyke and Moy: Edinkillie: Elgin: Forres: Kinloss: New Spynie : Rafford : Rothes: St. Andrews Lhanbryd : Speymouth : Urquhart. Fifeshire. Parishes. — Abdie: Aberdour: Anstruther Easter: Anstruther Wester Auchterderran : Auchtermuchty : Auchtertool: Ballingry: Balmerino Beath : Burntisland: Cameron: Carnbee : Carnock-Ceres : Collessie Crail : Creich: Culross: Cults: Cupar: Dairsie : Dalgety : Dunino Dunbog: Dunfermline: Elie : Falkland: Ferry-Port-on-Craig : Flisk Forgan: Inverkeithing : Kemback: Kennoway: Kettle: Kilcon- quhar: Kilmany: Kilrenny : Kinghorn: Kinglossie: Kingsbarns : Kirkcaldy and Dysart : Largo: Lesie : Leuchars : Logie : Markinch : Monimail: Moonzie: Newburgh: Newburn: Pittenweem : St. Andrews and St. Leonards: St. Monans: Saline: Scoonie : Strathmiglo: Torryburn : Tulliallan : Wemyss. Forfarshikk. Parishes. — Arbirlot: Arbroath and St. Vigean : Auchterhouse: Barry: Brechin: Carmylie: Craig: Dun: Dundee Combination: Dunnichen: Eassie and Nevay: Farnell: Forfar: Fowlis Easter: Glamis : Guthrie: Inverarity: Inverkeilor: Kettins: Kinnell: Kinnettles: Kirkden: Lift" and Benvie: Logie Pert: Lunan: Lundie: Mains and Strathmartine : Maryton: Monifieth: Monikie: Montrose: Murroes' Newtyle: Panbride : Tealing. 5750 F - S3 84 Aliens Restriction (Consolidation) Order, 1914. Haddingtonshire. The whole county. Inverness-shire. Parishes. — Ardesier: Croy: Daviot: Dores: Inverness: Kirkhill: Mov and Dalarossie: Petty. Kinross. Parishes. — Cleish: Fossoway : Kinross: Orwell: Portmoak. Linlithgowshire (West Lothian). The whole county. Nairnshire. The whole county. Orkney. The whole county. Perthshire. Parishes. — Abernyte : Errol: Inchture : Longforgan. Renfrewshire. Parishes. — Erskine : Greenock: Houston: Inchinnan : Inverkip : Kil- barchan : Kilmacolm : Lochwinnoch : Port Glasgow. Ross and Cromarty. Parishes. — Alnes : Avoch : Cromarty: Dingwall: Edderton : Fearn : Killearnan: Kilmuir-Easter : Kiltearn: Knockbain : Logie Easter: Xigg : Resolis : Rosemarkie : Rosskeen : Tain: Tarbat : Urquhart. Stirlingshire. Parishes. — Airth: Buchanan: Grangemouth: Muiravonside. SuTHERLANDSHIRE. The whole county. Zetland. The whole county. The following areas are prohibited areas in Ireland: — Antrim. County "Borough .—Belfast. Urban Districts. — Ballyclare : Ballymena: Carrickf ergus : Lame: Lisburn. Uwal Districts. — Antrim: Ballymena: Belfast: Larne : Lisburn. Cork. ('(nint;/ liormii/h . Cork. / rban Districts. — Midleton : Queenstown : Youghal. llural l'i tricts. — Bandon : Cork: Kinsale: Midleton: Voughal. No. L Aliens Restriction (Consolidation) Order, 1914. Donegal. Rural Districts. — Inishowen : Millord: Londonderry No. 2 Down. Urban Districts. Bangor: Donaghadee: Holywood: Newtown Aids. Rural Districts. — Castlereagh: Downpatrick: Hilsborough : Newton Ards. Dublin. The whole county. Londonderry. Co u n t if Bo ro ugh . — I Londonderry . Rural District. — Londonderry (''North West Liberties'' only). Waterford. Rural District. — Youghal No. 2. Third Schedule. Matters in respect op which Particulars are to be Furnished. Name Nationality and birth-place Occupation Sex Age Persona! description and, if so re- quired, a photograph of the alien. Descriptive mark (if any) ... Finger prints, if so required Place of residence (including nature of tenure or occupancy) ... Place of business (if any) ... Date of commencement of residence Whether the alien has been or is in the service of any foreign govern- ment, and, if so, for how long and in what capacity. Note. — If the alien lias a household, he must furnish the particulars aforesaid not only as respects himself, but also as respects every alien who is living as a member of his household. 86 Continuation of Soldiers in Army Service. ARMY, ARMY RESERVE, AND TERRITORIAL FORCE. 1. Continuation of Soldiers in Active Service; Calling out of Army Reserve; Embodiment of Territorial Force. Proclamation, dated August 4, 1914, under the Army Act, Continuing Soldiers in Army Service. (a) 1914. No. 1173. By the King. A Proclamation for Continuing Soldiers in Army Service. George R.I. Whereas by the Army Aet(b) it is, amongst other things, enacted that it shall be lawful for Us in case of imminent national danger or of great emergency by Proclamation, the occasion being first communicated to Parliament, to direct from time to time that all or any persons who would otherwise be entitled in pursuance of the terms of their enlistment to be transferred to the Reserve shall continue in Army Service, and such persons shall accord- ingly continue in Army Service for the same period for which they might be required to serve if they had been transferred to the Reserve and called out for permanent service by a Proclama- tion issued by Us under the enactments relating to the Reserve : And whereas the present state of Public Affairs and the extent of the demands on Our Military Forces for the protection of the interests of the Empire do in Our opinion constitute a case of great emergency within the meaning of the said Act and We have communicated the same to Parliament : Now, therefore, We do in pursuance of the said Act hereby direct that all soldiers who on or after this date would otherwise be entitled in pursuance of the terms of their enlistment to be transferred to the Reserve .shall continue in Army service until legally discharged or transferred to the Army Reserve : And We do hereby direct the Right Honourable Herbert Henry A>quith, one of Our Principal Secretaries of State, to give all necessary directions herein accordingly. Given at Our Court at Buckingham Palace, this Fourth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. (a) This Proclamation was published in the " London Gazette " of August 4th. 1914, being the 5th Supplement to the Gazette of July 31st ; in the '• Edinburgh Gazette" of August 5th, being the 1st Supplement to the Gazette of August 4th ; and in the "Dublin Gazette" of August 5th, 1914, being the 2nd Supplement to the Gazette of August 4th. (b) The Army Act (44 & 45 Vict. c. 58) has been repeatedly amended and has in accordance with s. 8 (2) of the Army Annual Act, 1885 (48 & 49 Vict, c. 8), been printed with the amendments made down to the passing of the Army (Annual) Act, 1914 (4 & 5 Geo. 5. c. 2), and such print lias been put on sale. ChIUiuj nut of Army Reserve, ^7 Proclamation, dated August I. I'M!, [jndee the Reserve Fohces Act, 1882 (4-") & l<; Vict. c. 18), Calling oui i jik Ahmv Reserve, and Embodying the Territorial Fori e.(») 1914. No. 1171. 13 y Tin: King. A ProclamatioD tor Calling out the Army Reserve, and Embodying the Territorial Force. George R.l. Whereas by the Reserve Forces Act, L882,(b) ii is, amongsl othei things, enacted that in ease of imminent national danger or of great emergency it shall Ik* lawful for Us by Proclamation, the orcasion having first been communicated to Parliament, to order that the Army Reserve shall be called out on permanent service; and by any such Proclamation to order a Secretary of State from time to time to give and when given to revoke or vary Buch directions as may seem necessary or proper for calling out the forces or force mentioned in the Proclamation or all or any of the men belonging thereto : And whereas the present state of public affairs and the extent of the demands on Our Military Forces for the protection of the interests of the Empire do in Our opinion constitute a case of great emergency within the meaning of the said Act and We have communicated the same to Parliament: And whereas by the Territorial and Reserve Forces Act, 1907, (C) it is, amongst other things, enacted that immediately upon and by virtue of the issue of a Proclamation ordering the Army Reserve to be called out on permanent service, it shall be lawful for Fs to order Our Army Council from time to time to give and, when given, to revoke or vary such directions as may seem neeessary or proper for embodying all or any part of the Territorial Force, and in particular to make such special arrangements a- they think proper with regard to units or individuals whose services may be required in other than a Military capacity : Xow, therefore, We do in pursuance of the Reserve Forces Act. 1882, hereby order that Our Army Reserve be called out on per- manent service, and We do hereby order the Right Honourable Herbert Henry Asquith, one of Our Principal Secretaries of State, from lime to time to give and, when given, to revoke or vary such directions as may seem necessary or proper for calling out Our Army Reserve or all or any of the men belonging thereto: And We do hereby further order Our Army Council from tit: to time to give and. when given, to revoke or vary such directii as may seem necessary or proper for embodying all or any pari of the' Territorial Force, and in particular to make such special (a) This Proclamation was published in the "London Gazette" of August 4th. 1914, being the 5th Supplement to the Gazette of July .">l>t ; in the "Edinburgh Gazette" of August 5th, 1914, being the 1st Supplement to th Ga ette of August Ufa ; and in the "Dublin Gazette" of August 5th, 1914, being the 2nd Supplement to the Gazette of August 1th. (to) 45 & 40 Tin. .-. is. (c.» 7 Bdw. 7. c. 9. ^ v Calling out of Army Reserves. arrangements as they think proper with regard to uiiits or in- dividuals -whose services may be required in other than a Military rapacity. Given at Our Court at Buckingham Palace, this Fourth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Beign. God save the King-. 2. Billeting. An Order Authorizing General or Field Officers to Issue Billeting Requisitions. (a) (Under the Army Act, Section 108a.) Gi orge R.I. Whereas by Section 108a of the Army Act(b) it is amongst other things enacted that where directions have been given for embodying all or any part of the Territorial Force it shall be law- ful for His Majesty by Order distinctly stating that a case of emer- gency exists and signified by a Secretary of State to authorize any General or Field Officer Commanding any part of His Majesty's Forces in any military district or place in the United Kingdom to issue a billeting requisition under his hand requiring chief officers of police to provide billets in such places and for such number of officers and soldiers and their horses and for such period as may be specified in the requisition in accordance with the provisions of the said Section : And whereas directions have been given for embodying all of the Territorial Force: And whereas a case of emergency exists within the meaning of the said Act : Xow, therefore, His Majesty, in pursuance of the said Act, i^ pleased to order and authorize any General or Field Officer Commanding any part of His Majesty's Forces in any military district or place in the United Kingdom to issue billeting requisi- tions under the said Act. The Fourth day of August, 1914. 77. H. Asquith. By the Lord Lieutenant-General and General Governor of Ireland . . i berdeen. An Order Authorising General or Field Officers in Ireland to tssik Billeting Requisitions. (c) (Under the Army Act, Section 108a.) Whereas by Section 108a of the Army Act(b) it is amongst other things enacted that where directions have been given for embody- ing all or any part of the Territorial Force it shall be lawful (a) This Order was published in the "London Gazette" of August 5th, 1914, being the 2nd Supplement to the Gazette of August 4th ; in the "Edin- burgh Gazette" August 6th, 11)14, being the 2nd Supplement to the Gazette of August 4th ; and in the " Dublin Gazette" of August Cth, 1914, being the 3rd Supplement to the Gazette of August 4th. (b) As to the Army Act, .see footnote (b), p. 86. (c) This Order was published in the "Dublin Oazette" of August 4th, 1914, being a supplement to the Gazette of the same date. . 1 uihorizing Billeting Requisitions. - for His Excellency the Lord Lieutenanl of [reland, by Order dietinctly stating thai a case of emergency exists and signified by the Chief Secretary or Under Secretary for Ireland to authorise any General or Field Officer Commanding any pari of His Majesty's Forces in any military districl or place in [reland to issue a billeting requisition under his hand, requiring chief officers of police to provide billets in such places in [reland, and for such number of officers and soldiers and their horses, and for such period as may be specified in the requisition, in accord- ance with the provisions of the said Section: And whereas directions have been given for embodying all of the Territorial Force : And whereas a case of emergency exists within the meaning •of the said Acl : Now, therefore, We, the Lord Lieutenant of Ireland, in pur- suance of the said Act, are hereby pleased to order and authorise any General or Field Officer Commanding any part of His Majesty's Forces in any military district or place in Ireland to issue billeting requisitions under the said Act. Given at His Majesty's Castle of Dublin, this 4th day of August, 1914. By His Excellency's Command, J. B. Dougherty. Army Order published August 4, 11)14. promulgating Special Rates to be paid for Billeting in cases of Emergi nut. 1914. No. 1452. VII. — Special rail's to be paid for billeting in cases of emer- gency. — 1. Pursuant to Section L08 A (3) (c) of the Army Act,(a) the prices to be paid to an occupier other than the keeper of a victualling house for billets requisitioned in accordance with the provisions of Section 108 A have been fixed at the rates shown in the subjoined schedule: — Price to be paid to an occupier other than the tier per of a victualling; house. Accommodation to be provided. Lodging and attendance for soldier where meals furnished. Breakfast as specified in Part I. of the Second Schedule to the Army Act. Dinner as so specified Supper as so specified Where no meals furnished, Lodging and attend- ance, and candles, vinegar, salt, and the use of fire, and the necessary utensils for dressing and eating his meat. Stable room and ten pounds of oats, twelve pounds of hay, and eight pounds of straw per day For each horse. Stable room without forage Lodging and attendance for officer s. d. 9 per night. 1 7h each. 7\ each. -U each. '.) per day. 2 T\ per day I) per day. 3 per night. A.Q. 289. 1914. Inll- Note. — An officer must pay for his food. (a) As to the Army Act, see footnote ( b). p. 86 90 Special Bates for Emergency Billeting. 2. The following special rates have been fixed for troops accommodated in buildings (other than dwelling houses) where bed and attendance are not provided, and for horses where proper stabling is not provided : — Price to be paid. For each officer or soldier j 3^ nf u For each horse J ^ 3. A revised form (A.B. 12-'! M) for payment of billets is now being issued to all units in lieu of A.B. 123. Army Order dated September 15, 1914. as to Special Eates to be paid for billeting ix cases of emergexcy. 1914. No. 1453. XXI. — Billeting in cases of emergency, — With reference to Bills paragraph 2 of Army Order 289 of 1914, the rate payable for. 1255. troops billeted under Section 108a of the Army Act, (a) in empty dwelling houses (unfurnished) is 3d. per head per night; in the case of troops billeted in occupied dwelling houses, but where, in accordance with Appendix H, Mobilization Regulations, the pro- vision of beds. &c, is not demanded the full rate of 9<7. per head is payable. Before " dwelling " in line 2 of paragraph 2 of the above Army Order " occupied " should be inserted. 3. Requisitions of Emergency. Ax Order Actiiorizixg Gexerat. or Field Officers to Issue Requisitions of Emergency, (b) (Under the Army Act, Section 115.) George R.I . Whereas by Section 115 of the Army Act(a) it is. amongst othei things enacted that it shall be lawful for His Majesty, by Order distinctly stating that a case of emergency exists, and signified by a Secretary of State, to authorize any General or Field Officer (fimmanding His Majesty's Regular Forces in any military dis- trict or place in the United Kingdom to issue a Requisition of Emergency under his hand, requiring Justices of the Peace to issue warrants for the provision, for the purposes mentioned in the Requisition, of carriages, animals, vessels and aircraft, as prescribed by the said Act : And whereas it is further enacted by the said Act that, when- ever a proclamation ordering the Army Reserve to be called out on permanem service or an Order for the embodiment of the Militia is in force, His Majesty's Order may authorize such (a) As to the Army Act, see footnote (b), p. 86. (b) This Order was published in the "London Gazette" of August 5th, 1914. being the 2nd Supplement to the Gazette of August 4th ; in the " Edinburgh Gazette" of August 6th, 1914, being the 2nd Supplement to the Gazette of August 4th ; and in the "DubliD (razette" of August 6th, 1914, being the 3rd Supplement to the Gazette of August 4th. Authorizing Requisitions <>/ Emergency. Offic< i- to extend such Requisitions to the provision of carriages, animals, vessels and aircraft for the purpose of being purchased, as well as of being hired, on Eis MLaj< 3tj 's behalf : Ami whereas a proclamation ordering th< Aim;. Reserve to be called out on permanent service is in force: Ami whereas a case oi emergency exists within the meaning of the said Ad : Now. therefore, His Majesty, in pursuance of the said Act, \& pleased to order and authorize any Genera] or Field Officer Com-, manding the Regular Forces in any military district or place in the United Kingdom to issue Requisitions of Emergency under the said Am and to extend such Requisitions as bj the said Act authorized, The Fourth day of August, 1914. H. II. Asqvith. By the Lord Lieutenant-General and General Governor of Ireland. . I berdet n . An Ordeh Authorising General or Field Officers in Ireland to [ssi k Requisitions of Emergency, (a) (Under the Army Act, Section 115.) Whereas by the Army Act(b) it is amongst other things en icted that it shall' be lawful for His Excellency the Lord Lieutenant of Ireland, by Order distinctly stating that a case of emergency exists, and signified by the Chief Secretary or Under Secretary for Ireland, to authorise any General or Field Officer Commanding His Majesty's Regular Forces in any military district or place in Ireland to issue a Requisition of Emergency under his hand, requiring Justices of the Peace to issue warrants for the pro- vision, for the purposes mentioned in the Requisition, of car- riage-, animals, vessels and aircraft, as prescribed by the said Ac1 : And whereas a case of emergency exists within the meaning of the said Act : Xow, therefore, in pursuance of the said Act, We. the Lord Lieutenant of Ireland, are hereby pleased to order and authorise any General or Field Officer Commanding His Majesty's Regular Force- in any military district or place in Ireland to issue Requisitions of Emergency under the said Act. Given at His .Majesty*- Castle of Dublin, this 4th day of August. 1914. By His Excellency's Command. J. II. Dougherty. (a) This Order was published in the " Dublin Gazette" of August 4th 1914, being a supplement to the Gazette of the same date. (b) As to the Arni\ A.ct see footnote (b), p. 86. 92 Authorizing Requisitions of Emergency. *Ax Order Authorizing General or Field Officers to issue Requisitions of Emergency.(») (Under the Army Act, Section 115.) • r< '• ■ //' R.I. Whereas by Section 115 of the Army Act it is amongst other things enacted thai it shall he lawful for His Majesty, by Order distinctly stating- that a case of emergency exists, and signified by a Secretary of State, to authorize any General or Field Officer Commanding His Majesty's Regular Forces in any military dis- trict or place in the United Kingdom to issue a Requisition of Emergency under his hand, requiring Justices of the Peace to issue warrants tor the provision, for the purposes mentioned in the Requisition, of carriages, animals, vessels, aircraft, food, forage and stores of every description, as prescribed by the said Act: And whereas it is further enacted by the said Act that, when- ever a proclamation ordering the Army Reserve to be called out on permanent service or an Order for the embodiment of the Militia is in force, His Majesty's Order may authorize such Officers to extend such Requisitions to the provision of carriages, animals, vessels, aircraft, food, forage and stores of every description, for the purpose of being purchased, as well ns of being hired, on His Majesty's behalf: And whereas a proclamation ordering the Army Reserve to be called out on permanent service is in force : And whereas a case of emergency exists within the meaning of the said Act : Xow, therefore, His Majesty, in pursuance of the said Act is pleased to order and authorize any General or Field Officer Com- manding the Regular Forces in any military district or place in the United Kingdom to issue Requisitions of Emergency under the said Act and to extend such Requisitions as by the said Act authorized. The Tenth day of August, 1914. Kitchener. By the Lord Lieutenant-General and General Governor of Ireland. Ax Ordeh Authorizing General or Field Officers in Ireland to issue Requisitions of Emergency. (b) ( Under the Army Act, Section 115.) Aberdeen. Whereas by the Army Act it is amongst other things enacted that it shall be lawful for His Excellency the Lord Lieutenant (a) This Order was published in the "London Gazette" of August 10th, 1914, being the 2nd Supplement to the Gazette of August 7th ; in the "Edin- burgh Gazette" of August 11th, 1914 ; and in the " Dublin Gazette" of August 11th, 1914. (b) This Order was published in the "Dublin Gazette" of August 11th, 1914. Author/://i'/ Requisitions of Emergency. of [reland, by Order distinctly stating thai a case oi emergency exists, and signified by the Chief Secretary or Under Secretary for [reland, to authorize any General or Field Officer Commanding Eis Majesty's Regular Forces in any military districl or place in [reland (<> issue a Requisition oJ Eniergencj under hie hand, requiring Justices of (lie Peace to issue warrants for the provi- sion, for the purposes mentioned in the Requisition, of carriages, animals, vessels, aircraft, food, forage and stores of every descrip- tion, as prescribed l»y the said Act : And whereas a case of emergency exist, within the meaning <»t the said Act : Now, therefore, in pursuance of the said Act, We. the Lord Lieutenant of [reland, are hereby pleased to order and authorize any General or Field officer Commanding His Majesty's Regular Forces in any military district or place in Ireland to issue Requisitions of Emergency under the said Act. Given at His Majesty's Castle of Dublin, this 11th day ol August, 1914. By His Excellency's Command. J. 15. Dougherty. 4.— Additional Number of Men Required. ARMY, 1914-15. Supplementary Estim \ti:. Vote A. Number of men of all ranks required for Army Service, in addition to the number already voted — 500.UOU. This number represents the probable exces> beyond the numbers already voted for the year 1914-15. in consequence of the Pro- clamations calling out the Army Reserve and continuing soldiers in Army Service, and of further enlistments : — All Ranks. Original Estimate 180.400 Supplementary Estimate now presented 500.000 Revised Total 686. 400 War Office, 5th August, 1914. KlT< HENER. H. J. Texxavi. H. T. Hvkkr. C. W. Douglas, C.I.G.S. H. C. S< LATER, A.G. J. S. Cow \xs. Q.M.G. S. B. Vox Donop, M.G.O. R. H. Brade. Secretarv. 94 Additional Number of Men of the Regular Army. ARMY, 1914-15. Supplementary Estimate. Vote A. Number of Men of all ranks of the Regular Army required for Army Service, in addition to the number already voted: — 500,000. This number represents the probable excess beyond the numbers already voted for the year 1914-15, in consequence of further enlistments. The numbers of the Territorial Force are not included : — All Ranks. Original Estimate 186,400 Supplementary Estimate, 5th August, 1914 ... ... 500,000 Supplementary Estimate now presented 500,000 Revised Total 1,186,400 War Office, 9th September, 1914. Kitchener. H. J. Tennant. H. T. Baker. C. W. Douglas, C.I.G.S. H. C. Sclater, A.G. J. S. Cowans, Q.M.G. S. R. Yon Donop, M.G.O. R, H. Brade, Secretary. 5. Separation Allowance. Increased Rates of Separation Allowance for the Wives and Children of Soldiers. 1. The rates of Army Separation Allowance have been increased, for the period of the war, with effect from 1st October, 1914, on which date the first payment at the increased rates will be made. 2. The rates have been so increased that the total income of the family derived from this source and from the minimum allotment which the married soldier must make from his pay, whether at home or abroad, will be as shown in the following table. Separation Allowances to Soldiers* Wives and Children. Any allotment above the minimum rate which a soldier may make will be paid in addition. Wekki.v Rates of Separation Allow w< k in. luding the Comptjlsori Allotment of Pay. Rank of soldier. Private and corporal. Serjeant. ( i >lour- b 'rjea ui . Quarter- ... T C r- Warrant Serjeant. officer " 8. d. 8. d. 8. d. 8. d. d. d. Wife 12 6 15 it; t; 22 23 i) Wife and 1 child... 15 18 19 6 25 26 ii Wife and 2 children 17 6 21 22 6 28 29 i) Wife and 3 children 20 24 1) 25 ii 31 32 'I Wife and 4 children 22 26 ii 27 6 33 34 And s o on, with an addition of 2?. for each additional child. Deduction if in jn/blic ) quarters with fuel and y 6 o 6 7 6 13 14 I if/lit J The extra os. Qd. a week issuable to London families and the special compensation allowance granted to families on the married establishment will continue to be paid as at present. 3. The compulsory allotments of pay included above are — a -i t . i i ,i i (Wife, 5s. lOd. per week, with ooldiers not below the rank) -, c,i S x. i -i i £ < Is. Id. tor each child, up to of sergeant ... ...J „, • e n AJ ° v a maximum ot 9s. 4#. Other soldiers ... ... \\ 'ife, 35. 6d. per week, with ~d. for each child, up to a maximum of 5s. 3d. 4. The separation allowance for motherless children will be at the rate of 3s. a week for each child, with the regulated allotment from the soldier in addition. This allotment is as -lated in paragraph 3 above. 5. From 1st October, payment will be made weekly in advance, through the Post Office, on the orders of the Regimental Pay- master of the soldier's unit (or of the Territorial force County Association in the case of soldiers of the Territorial Force). 9C> Articles of Commerce Unreasonably Withheld. ARTICLES OF COMMERCE UNREASONABLY WITHHELD. Proclamation, dated September 17, 1914, under section 2 of the Articles of Commerce (Returns, &c.) Act, 1914 (4 & 5 Geo. 5, c. 65) authorising the Board of Trade to take Possession of Supplies of any Articles of Commerce which are being unreasonably withheld from the MARKET.(a) 1914. No. 1403. By the King. A Proclamation authorising' the Board of Trade to take Possession of Articles of Commerce which are being 1 unreasonably with- held from the Market. George R.I. Whereas by the Second Section of the Articles of Commerce .(Returns, &c.) Act, 1914, (b) it is enacted as folloAvs : — " (1) If from any such return as aforesaid " (meaning the return provided for by Section 1 of the said Act) " or from any other source of information the Board of Trade are of opinion that any article of commerce is being unreasonably withheld from the market, they may, if so authorised by His Majesty's Proclamation (made generally or as respects any particular kind of article of commerce) and in manner provided by the Proclamation, take possession of any supplies of the article, paying the owners of the supplies such price as may, in default of agreement, be decided to be reasonable, having regard to all the circumstances of the case, by the arbitration of a Judge of the High Court selected by the Lord Chief Justice of England in England ; by a Judge of the Court of Session selected by the Lord President of the Court of Session in Scotland ; and by a Judge of the High Court of Ireland selected by the Lord Chief Justice of Ireland in Ireland." " (2) Nothing in this Act shall be construed as preventin the Board of Trade exercising their powers under this Sec tion without having first obtained, or endeavoured to obtain, returns under this Act." And whereas We, by and with the advice of Our Privy Council, deem it necessary and expedient that the Board of Trade should be authorised in manner following: — Now We, by and with the advice aforesaid, do hereby authorise the Board of Trade, if from any such return as aforesaid, or from (a) This Proclamation was published in the " London Gazette" of September 17th. 1914, being the 2nd Supplement to the Gazette of September I5th ; in •• Edinburgh Gazette" of Septemlx-r 19th, being a Supplement to the Gazette of September 18th ; and in the " Dublin Gazette " of September 18th. 1914. (b) 4 & 5 Geo. 5. c. 65, printed at p. 23 above. Articles of Commerce Unreasonably Withheld. 97 any other source of information, they are of opinion that any article of commerce is being unreasonably withheld from the market, to lake possession of any supplies of such article, paying the owner of sued supplies such price ae in defaull oi agreement may be decided to be reason;) bit', having regard to all the cir- cumstances of the case, by the arbitration of ;i •! tidge of the High Court selected by the Lord Chief Justice of England in England; by a Judge of the Court of Session selected by tin* Lord President of the Court of Session in Scotland; and by a Judge of the High Court of Ireland selected by the Lord Chief Justice of Ireland in Ireland; and lor tbe purpose of so taking possession of any such article as aforesaid We do further aulborise thai any < Hfieer of the Board or any Officer of any other Government Department or any other person authorised in that behalf by the Board may enter any premises on which he has reason to believe that there is kept or stored any such article and take possession thereof. Given at our Court at Buckingham Palace, this Seventeenth day of September, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of our Eeign. God Save the King. AUSTRIA-HUNGARY. Proclamation-, dated August 12, 1914, Extending to Austria-Hungary certain Proclamations relating to Financial Assistance to the Enemy, Tkading with the Enemy, and Contraband of War, and an Order in Council relating to "Days of Grace" to Enemy Ships, (a) 1914. No. 1254. By the King. A Proclamation extending the Scope of certain existing Pro- clamations and a certain Order in Council connected with the War. George, R.I. Whereas on the fourth day of August one thousand nine hundred and fourteen a State of War came into existence between Us on the one hand and the German Empire on the other (b) : (a) This Proclamation was published in the " London Gazette " of August 13th, lit 14, being the 1st Supplement to the Gazette of August 11th; in the " Edinburgh tiazette" of August 14th, 11)14 ; and in the "Dublin Gazette" of August 14th, 11)14. (b) See Notification of August 4th of a State of War with the German Empire, printed at p. 1 above. 5730 G ^ 98 Extension to Austria-Hungary of Proclamations, 8fc. And whereas We did on the same date and on the fifth day of August one thousand nine hundred and fourteen issue certain Proclamations and Orders in Council connected with such State of War : And whereas a State of War now exists between Us on the one hand and the Dual Monarchy of Austria-Hungary on the other (a): And whereas it is therefore desirable to extend the scope of certain of the Proclamations and Orders in Council aforesaid : Now, therefore, We have thought fit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation declaring and it is hereby declared as follows : — 1. The Proclamation (b) warning all Our Subjects and all persons resident or being in Our Dominions from contributing to, or participating in or assisting in the floating of, any loan raised on behalf of the German Government, or from advancing money to or entering into any contract or dealings whatsoever with the said Government, or otherwise aiding, abetting, or assisting the said Government, shall be deemed as from this date to apply to all loans raised on behalf of, or contracts or dealings entered into with, or to aiding, abetting, or assisting the Austro-Hungarian Government. 2(c). The Proclamation on Trading with the Enemy (d) shall be deemed as from this date to prohibit with the Phial Monarchy of Austria- Hungary all commercial intercourse, which under the said Proclamation is prohibited with the German Empire, and for this purpose such Proclamation shall be read an if throughout the operative portion thereof, the words, " either the German Empire or the Dual Monarchy of A u stria- Hungary" were substituted for the words " the German Empire." 3. — (1) In the Order in Council issued with reference to the departure from Our Ports of enemy vessels, which at the outbreak of hostilities were in any such Port or which subsequently entered the sanie(e), the word "enemy," as applied to either ships or cargo, shall be deemed as from this date to include Austro-Hungarian ships or cargo. (2) In the application of this Article to Austro-Hungarian ships the date Saturday, the Fifteenth day of August, shall be substi- tuted for the date mentioned in Article 2 of the said Order in Council, and the date Saturday, the Twenty-second day of August, shall be substituted for the date mentioned in Article 3 of the said Order in Council. (a) See Notification of August 12th of a State of War with Austria-Hungary, printed at p. 1 above. (b) See Proclamation of August 5th, printed at p. 177 below under the heading of " Financial Assistance to the Enemy." (c) Paragraph 2 of this Proclamation is revoked by the " Trading with the Enemy Proclamation No. 2," printed at p. 378 below under the heading " Trading with the Enemy." (d) The Proclamation on Trading with the Enemy of August 5th (which is printed at p. 375 under the heading " Trading with the Enemy ") was revoked by " The Trading with the Enemy Proclamation No. 2." (e) This Order in Council is printed at p. 138 below under the heading " ' Days of Grace ' to Enemy's Ships." Extension to Austria-Hungary of Proclamations, 8ft . 99 4. The Proclamation specifying- the articles which it i Our intention to treat as Contraband of War during the war with Grermany(a) shall be deemed to specify the articles which it i~ Our intention to treat as Contraband of War during the war with Austria-Hungary. •'). In the Proclamation forbidding the carriage in British vessels from any Foreign Port to any other Foreign Pert of any article comprised in the list of Contraband of Wnr issued by Us, unli the shipowner shall have first satisfied himself thai the article- are not intended ultimately Eor use in the enemy count ry(b), the word-; '• enemy country" shall be deemed as from this date to include the Dual Monarchy of Austria-Hungary. (liven at Our Court at Buckingham Palace, this Twelfth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. BANK HOLIDAYS. Proclamation, dated August •'!, 1914, appointing Tuesday August 4th, 1914, Wednesdw August 5th, 1914, and Thursday August 6th, 1914, Bank Holidays throughout the United Ki.\<;dom.(c) 1914. No. 1172. By the King. A Proclamation for appointing Tuesday August 4, Wednes- day August 5, and Thursday August 6, Bank Holidays throughout the United Kingdom. George R.I. We, considering that it is desirable in view of the critical situation in Europe and the financial difficulties caused thereby thai Tuesday the 11 h instant, Wednesday the nth instant, anil Thursday the 6th instant, should be observed as Bank Holidays (a) The Proclamation of August 4th is printed at p. 108 below under the heading "Contraband of War." By Proclamation of September 21st, printed at p. Ill below, the list of Articles to be treated as conditional contraband was added to. A list of contraband goods is printed in Appendix A III. at p. 107 below. (b) This Proclamation is printed at p. 110 below under the heading "Con- TKAHAxn of War." (c) This proclamation was published in the "London Gazette "of August .".rd, 1914, being the 4th Supplement to the Gazette of July 31st : in the " Edinburgh Gazette " of August 4th, 1914 : and in the " Dublin Gazette " of August 3rd, 1914, being the 2nd Supplement to the Gazette of July 31st. 5750 G 2 100 Special Bunk Holidays. throughoui the United Kingdom, and iu pursuance of the pro- visions of The Bank Holidays Act, 1871, (a) do hereby, by and with the advice of Our Privy Council and in exercise of the powers conferred bv the Act aforesaid, appoint Tuesday the 4th instant, Wednesday the 5th instant, and Thursday the 6th instant, as special days to be observed as Bank Holidays throughout the United Kingdom, under and in accordance with the said Act, (10 and We do, by this Our Royal Proclamation, command the said days to be so observed, and all Our loving Subjects to order them- selves accordingly. Given at Our Court at Buckingham Palace this Third day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. Oedee in Council and Proclamation or the Lord Lieutenant appointing Tuesday, August 4th, Wednesday, August 5th, and Thursday, August 6th, 1914, as Bank Holi- days, (c) By the Lord Lieutenant and Privy Council in Ireland. Aberdeen. Whereas His Majesty King George V. has been pleased by Proclamation^) to appoint that Tuesday, the 4th instant, Wednesday, the 5th instant, and Thursday, the 6th instant, should be observed as Bank Holidays throughout the United Kingdom, in pursuance of the provisions of the Bank Holidays Act, 1871 :(e) And whereas by the Bank Holidays Extension Act, 1875, (f) it is amongst other things enacted that the powers conferred by Section 4 of the Bank Holidays Act, 1871, may be exercised in Ireland as far as relates to that part of the United Kingdom by the Lord Lieutenant in Council : Now We, the Lord Lieutenant-General and General Governor of Ireland, do hereby, by and with the advice of His Majesty's Privy Council in Ireland, and in exercise of the powers conferred by the Acts aforesaid, appoint Tuesday, the 4th instant, Wednes- day, the 5th instant, and Thursday, the 6th instant, as special davs to be observed as Bank Holidavs throughout Ireland, and (a) 34 & 35 Vict. c. 17. (b) That Act provides that certain payments due on a special bank holiday appointed by proclamation shall be payable on the following day, and s. 14 of the Bills of Exchange Act, 1882 (45 & 46 Yict. c. 61), provides for the computation of payments. (c) This Order and Proclamation was published in the " Dublin Gazette " of August 3rd, 1914, being the 2nd Supplement to the Gazette of July 31st. (d) Printed at p. 99 above. (e) 34 & 35 Vict. c. 17. (fj 38 & 39 Vict. c. 13. Sjin ial Bank Holidays. 101 every pari thereof, under and in accordance with the 3aid A.ctB,(a) and We do, by this Out Proclamation, command the said days to be so observed. Given al the Council Chamber, Dublin rustic, the 3rd day of August, 1914. I limit i us ./. O'Brien, I W. F. Bailey. Jomitlmn I'iiii. God save the Sing. BILLS OF EXCHANGE (ASSISTANCE IN REGARD TO).' b » (i) Letter from the Chancellor of the Exchequer to the Bank of England dated the \.2th August, 1914. Treasury Chambers, Gentlemen, 1 Ji h August, 1914. I have the honour to transmit to you herewith a copy of a notice which His Majesty's Government are causing to be pub- lished to-morrow, explaining- the nature of the arrangement reached after consultation with you to-day for providing Govern- ment assistance for the discounting of bills of exchange covered by the Proclamation of the 2nd August, 1914, (c) in regard to post- ponement of payments. I have the honour to convey to you the authority of His Majesty's Government to take action on their behalf in accord- ance with the scheme and an assurance that they will in due course ask Parliament to give statutory authority for the arrange- ments adopted, and for the charge against the Exchequer of any loss which may be incurred by the Bank as the result of their operations in the matter. I have the honour to be, Gentlemen, Your obedient Servant, (Signed) 1). LLOYD GEORGE. The Governor and Deputy Governor, Bank of England. (a) See footnote (b) to His Majesty's Proclamation at p. 100 above. (b) See also the Proclamations as to Postponement of Payments printed under the heading "POSTPONEMENT OF Payments'' at pp. 'J.'ls -Jis Mow. Postponement of certain payments was also effected l>y the appointment by Proclamations (printed at pp. 99, 100, above under the heading " Hank Holidays") of three successive bank holidays. (c) Printed at p. 238 below. 102 Assistance in regard to Bills of Exchange. Enclosure to (i). The Chancellor of the Exchequer has for several days past been in close and constant consultation with the Governor of the Bank of England, the bankers, the accepting houses and the principal traders for the purpose of providing the country with all the banking facilities it needs in the present emergency. We are now able to announce that the Chancellor of the Exchequer has completed arrangements with the Bank of England for termin- ating the present deadlock in the money market and for enabling the trade and commerce of the country to resume its normal course. The greatest difficulty arose from the stoppage of remit- tances to London both from the provinces and from other countries not only in Europe but in all parts of the world. This caused a breakdown in the foreign exchanges and deterred bankers from discounting bills in the normal way. To overcome this difficulty as well as that of providing traders in this country with all the banking facilities they need, the Government have now agreed to guarantee the Bank of England from any loss it may incur in discounting bills of exchange either home or foreign, bank or trade, accepted prior to August 4th, 1914. Accordingly we are authorised to make the following announcement : — : The Bank of England are prepared on the application of the holder of any approved bill of exchange accepted before the 4th day of August, 1914, to discount at any time before its due date at Bank rate without recourse to such holder, and upon its matu- rity the Bank of England will in order to assist the resumption of normal business operations give the acceptor the opportunity until further notice of postponing payment, interest being pay- able in the meantime at 2 per cent, over Bank rate varying. Arrangements will be made to carry this scheme into effect so as to preserve all existing obligations. " The Bank of England will be prepared for this purpose to approve such hills of exchange as are customarily discounted by them and also good trade bills and the acceptances of such foreign and colonial firms and bank agencies as are established in Great Britain." Treasurv Chambers, S.W., 12th August, 1914. (ii) Letter from Treasury to Bank of England dated 21th August, 1914. ' Treasury Chambers, Gentlemen, 27th August, 1914. With reference to the letter addressed to the Governors of the Bank by the Chancellor of the Exchequer on the 12th instant on the subject of the discounting by the Bank of England of Bills of Exchange accepted prior to August 4th, I am directed by Assistance in regard to Bills of Exchange. L03 the Lords Commissioners o\ Eia Majesty's Treasurj no* to pL ou formal record the arrangemenl announced in the Press Notice accompanying the Letter referred to, as follows: — 1. The Bank of England will, upon the application oi the holder of any approved bill of exchange accepted before tic tth August, 1914, discounl such hill at any time before Its due date at Bank rate without recourse to such bolder. iln ilir case of date bills the acceptance, it undated, may he deemed to have been given in course of posl from the .hit.- on which t he lulls wen- drawn.) 2. It will he lor the Bank of England to decide in any par- ticular east" whether a hill is to he approved, hut the Bank will be prepared to approve such lulls of exchange as are customarily discounted by them and also good trade hills and the acceptances of such foreign and colonial firms and hank agencies ;i- are estab- lished in Great Britain. 3. CTpon the maturity of any hill so discounted the Bank of England will give the acceptor the opportunity of postponing payment pending further notice, interest being- payable in the meantime at 2 per cent, over Bank rate varying. 4. The date at which such further notice shall be given shall be determined by the Bank after consultation with the Treasury. 5. Arrangements will be made for preserving all existing obli- gations, so far as possible, in respect of bills discounted. 6. The Bank of England are to be indemnified for any action taken by them in the matter, and to be guaranteed by the Treasury against anv loss which may be incurred by the Hank as the result of their operations. 7. Such loss is to be calculated in accordance with an account to be kept in the following form: — Amount of approved bills discounted at Bank rate, payment of which has been postponed Net deficienc}^ ... Amount realised by the Bank in respect of approved bills, pay- ment of which has been postponed Interest received at 2 per cent, (above Bank rate varying) in re- spect of approved bills, payment of which lias been post- poned, less allowance to the Bank for interest (at 1 pei- cent. below Hank rate varying) and ex- penses (I per cent.) ... 8. The Chancellor of the Exchequer has undertaken to ask Parliament to pass the legislation necessary for giving statutory 104 Assistance in regard to Bills of Exchange. authority for this scheme, and for charging against the Exche- quer the amount of the ultimate loss which may be incurred by the Bank in carrving it into effect. I am to request that my Lords may be informed whether you concur in the statement of the arrangement as set out in this letter. I am, Gentlemen, Your obedient Servant, (Signed) JOHN" BRADBURY. The Governor and Deputy Governor, Bank of England. (iii) Letter from Bank of England to Treasury, dated 21th August, 1914. Bank of England, London, E.G., 27th August, 1914. Gentlemen, I am directed by the Governors to acknowledge the receipt of Sir John Bradbury's letter of this day's date, setting forth in detail the conditions under which it is desired that the Bank should accept for discount, without recourse to the holders, approved Bills of Exchange accepted prior to the 4th August, in terms of the announcement published on the 13th inst. by His Majesty's Government. In reply, I am to say that the Bank are prepared to accept for discount such bills as are defined under head (2) on the terms set forth under head (7) and subject to the guarantee by the Treasury against any loss which the Bank may incur as the result of their operations, as expressed under head (6) of the letter under reply. I am, Gentlemen, Your obedient Servant, (Signed) J. G. XAIRNE, Chief Cashier. The Joint Secretaries to the Treasury, Treasury Chambers, S.W. (iv) Statement appearing in the Press, Saturday, September 5th. The breakdown of the foreign exchanges has caused, and is still causing, very great inconvenience to traders throughout the country, and strong representations have been made to the Chancellor of the Exchequer upon the subject. It has been pointed out to him that the dislocation of exchange is exercising an extremely prejudicial influence upon trade generally, and especially upon the foreign trade of the country, and that in the absence of the usual exchange facilities, goods can neither be Assistance in regard to Bills of Exchange. 105 imported nor exported in any appreciable quantity. To ascertain the causes and to find a remedy Eoi the difficulties in obtaining international exchange the Chancellor oJ the Exchequer con- sulted a large number of leading traders, members oJ accepting bouses, and bankers. After a series of conferences al theTreasurj the Chancellor of the Exchequer now wishes to announce thai an arrangement lias been arrived a1 which ia designed to removi the difficulties. Principal Features of the Scheme. The main features of the arrangement may be summarized as follows : — (1) The Hank of England will provide where required acceptors with the funds necessary to pay all approved pre-moratorium hills at maturity. This course will release the drawers and indorsers of such bills from their liabilities as parties to these bills, but their liability under any agreement with the acceptors lor pay- men' or cover will be retained. (2) The acceptors will be under obligation to collect from their clients all the funds due to them as soon as possible, and to apply those funds to repayment of the advances made by the Bank of England. Interest will be charged upon these advance- at 2 per cent, above the ruling Bank rate. (3) The Bank of England undertakes not to claim repayment nf any amounts not recovered by the acceptors from their clients for a period of one year after the close of the war. Until the end of this period the Bank of England's claim will rank after claims in respect of post-moratorium transactions. (4) In order to facilitate fresh business and the movement of produce and merchandise from and to all parts of the world the j(»int->t(>ck banks have been arranged with the co-operation, if necessary, of the Hank of England and the Government to advance to clients the amounts necessary to pay their acceptances at maturity where the funds have not been provided in due time by the clients of the acceptors. The acceptor would have to satisfy the joint stock banks or the Bank of England both as to the nature of the transaction and as to the reason why the money is not forthcoming from the client. These advances would be on the same terms as regards interest as the pre-moratorium bill advances. The Government is now neg-otiating with a view to assisting the restoration of exchange between the United States of America and this country. (v) Statement appearing in the /'/ess, Friday, October 2nd. East night the Bank of England issued the following notice with regard to the manner in which the Bank will provide all necessary funds to pay, on behalf of acceptors, approved pre- moratorium bills at maturity : — (1) All applications to the Bank of England from acceptors to provide funds necessary to pay approved pre-moratorium 106 Assistance in regard to Bills of Exchange. bills at maturity, in terms of the Government announcement of September 5, must be Lodged in duplicate at the Bank of England not less than eight days before the advance is required. The name of the drawer, the amount, and the date of maturity of each bill must be stated in the application. If the Bank does not approve a bill notice will be given to the acceptor at least three days before the date of maturity. (2) Applications from persons and firms unknown to the Bank must be submitted through their own bankers with a satisfactory letter of introduction. (3) The Hank of England, provided they agree to make the advance, will pass to the credit of the applicant, as required, the amount necessary to meet the acceptances, which the acceptor will arrange to have referred to the Bank of England at maturity. The bills will then be held by the Bank until the advance is repaid. Applicants who have not already an account with the Bank of England will be required to keep an account, for this purpose only, with the Bank of England, through which the money advanced will be passed. (4) The acceptor can arrange, if he prefers, that his own bankers should provide the required amount and then refer the acceptances (if previously approved), uncancelled, on the day of maturity, to the Bank of England, who will pay the bills to the acceptor's bankers. CONSULAR REPRESENTATIVES OF THIRD POWERS. Royal Warrant under Sign Manual revoking the Exequaturs or other recognitions granted to german or austro- hungarian subjects who exercise in hls majesty's Dominions, or in British Protectorates or in places subject to British Occupation or Control, the functions of Consular representatives for any third Power. (a) (l.s. i George R.I George, by the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India, &c, &c, &c. To all to whom these Presents shall come, Greeting ! Whereas We, and also Her late Majesty Queen Victoria of Happ\ Memory, and Tlis late Majesty King Edward the Seventh (a) This Order was published in the " London Gazette" of August 25th, 1914 ; in the "Edinburgh Gazette" of August 24th, 1914, being a Supplement to the Gazette of August 21st : and in the ''Dublin Gazette" of August 25tb, 1914. Revocation of Exequaturs of certain Consular Representatii iOi r,t Eappj Memory, have from time to time, by the Granl oi Exequaturs, or otherwise, recognised and approved divers persons, being subjects of the German Empire or ol the Dual Monarchy of Austria-Hungary, as Consular Representatives oi oilier foreign Powers within Our Dominions or Protectorates, oi within places subject to Our occupation or control; Am! whereas a state of War exists between CTs and the German Empire(a), and also between Us and the Dual Monarchy oi A ust iia-II angary(b) ; And whereas, for divers good causes and considerations D"e thereunto moving, we have deemed it expedient no Longer to recognise nn\ sucb persons as such Consular Representatives as aforesaid, and further to withdraw all Die Exequaturs heretofore granted to any of such persons : Now know ye that we do hereby declare, order, and direct thai any person, being a subject id' the German Empire or of the Dual Monarchy of Austria-Hungary, and now being a Consular Repre- sentative of any other foreign Power within Our Dominions or Protectorates, or within places subject to < >ur occupation or con- trol, shall henceforth no longer be recognised as such Consular Representative, or permitted to perform any duties, or act in any respect as such Consular Representative within Our Domi- nions or Protectorates, or within places subject to Our occupation or control, and that We do hereby withdraw accordingly all and singular the Exequaturs and Exequatur heretofore granted to any of such persons. Given at Our Court of St. James the 13th day of August, in the year of Our Lord one thousand nine hundred and fourteen, and in the Fifth Year of Our Reign. By His Majesty's Command. E. Grey. (a) Set Notification of a State of War with the German Empire, printed at p. 1 above. (b) See Notification of a State of War with the Dual Monarchy, printed at p. 1 above. 108 Articles to be treated as Contraband of War. CONTRABAND OF WAR. Proclamation, dated August 4, 1914, Specifying the Articles to be treated as Contraband of W,\R.(a), (b), (c), (d). 1914. No. 1250. By the King. A Proclamation specifying the Articles to be treated as Contra- band of War. George R.I. Whereas a state of War exists between [Js on the one hand and the German Empire on the other(e) : And whereas it is necessary to specify the Articles which it is ( )nr intention to treat as Contraband of War : Now, therefore, We do hereby Declare, by and with the advice of Our Privy Council, that during the continuance of the War or until we do give further public notice the articles enumerated in Schedule I. hereto will be treated as Absolute Contraband, and the articles enumerated in Schedule II. hereto will be treated as Con- ditional Contraband : — Schedule I. The following articles will be treated as Absolute Contraband : — 1. Arms of all kinds, including arms for sporting purposes, and their distinctive component parts. 2. Projectiles, charges, and cartridges of all kinds, and their distinctive component parts. 3. Powder and explosives specially prepared for use in war. 4. Gun mountings, limber boxes, limbers, military waggons, field forges, and their distinctive component parts. (a) The Proclamation of August 12th, printed at p. 97 above, under the heading " Austria-Hungary " provides that this Proclamation of August 4th shall be deemed to specify the articles to be treated as Contraband of War during the war with Austria-Hungary. (b) The Order in Council of August 20th, 1914, printed at p. 143 below, under the heading "Declaration of London" provides that the Lists of Absolute and Conditional Contraband contained in this Proclamation shall be substituted for those contained in Articles 22 and 24 of the said Declaration. The Declaration, as signed and unmodified, is printed in Appendix H at p. 447 below, and the Commentary thereon (by the light of which the Order directs that all Prize Courts shall interpret the Declaration) at pp. 464-514 below. (c) By Proclamation of September 21st, printed at p. Ill below, the list of articles to be treated as Conditional Contraband was added to. Lists of Contra- band Goods (Absolute and Conditional) are printed in Appendix A III. at p. 407 below. (d) This Proclamation was published in the "London Gazette" of August 5th, 1914, being the 1st Supplement to the Gazette of August 4th ; in the " Edin- burgh Gazette " of August 6th, 1914, being the 2nd Supplement to the Gazette of August 4th, and in the "Dublin Gazette" of August 5th, 1914, being the 2nd Supplement to the Gazette of August 4th. (e) See Notification of August 4th of a State of War, printed at p. 1 above. Articles to he treat ed as Contraband of War. 109 5. Clothing and equipment of a distinctively military character. 6. All kinds of harness of a distinctively military character. 7. Saddle, draught, and pack animals suitable Eor use in war. 8. Articles of camp equipment, : t r i « I their distinctive component parts. 9. A rmour plates. 10. Warships, including boats, and their distinctive component parts of such a nature that they can only he used on a vessel of war. 11. Aeroplanes, airships, balloons, and aircraft of all kinds, and their component parts, together with accessories ami articles recognisable as intended for use in connection with balloons and aircraft. 12. Implements and apparatus designed exclusively for the manu- facture of munitions of war, for the manufacture or repair of arms, or war material for use on land and sea. Schedule //.(a) The following articles will be treated as Conditional Contraband : — 1 . Food-stuffs. 2. Forage and grain, suitable for feeding animals. 3. Clothing, fabrics for clothing, and boots and shoes, suitable for use in war. 4. Gold and silver in coin or bullion : paper money. 5. Vehicles of all kinds available for use in war, and their com- ponent parts. 6. Vessels, craft and boats of all kinds ; floating docks, parts of docks, and their component parts. 7. Railway material, both fixed and rolling stock, and materials for telegraphs, wireless telegraphs, and telephones. 8. Fuel ; lubricants. 9. Powder and explosives not specially prepared for use in war. 10. Barbed wire, and implements for fixing and cutting the same. 11. Horse-shoes and shoeing materials. 12. Harness and saddlery. 13. Field-glasses, telescopes, chronometers, and all kinds of nautical instruments. Given at Our Court at Buckingham Palace, this Fourth day of August, in the year of our Lord One thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. (a) Additions were made to this Schedule by the Proclamation of Sep- tember 21st, printed at p. 111 below, and a List of Articles which are Conditional Contraband is printed in Appendix A III. at p. 408 below. HO Carrying Contraband of War between Foreign Ports Prohibited. Pbo< lamation, dated August 5, 1914, Prohibiting BrciTrsH Vessels from carrying Contraband of War from one Foreign Port to any other Foreign POET.(a) 1914. No. 1251. By the King. A Proclamation prohibiting British Vessels from carrying Contraband from one Foreign Port to any other Foreign Port. George R.I. Whereas a state of war exists between Us on the one hand and the German Empire on the other :(b) And whereas We have by Proclamation warned all persons resident, carrying on business, or being in Our Dominions, that it is contrary to law for them to have any commercial intercourse with any person resident, carrying on business, or being in the said Empire^ or to trade in or carry any goods, wares, or merchandise destined for or coming from the said Empire, or for or from any person resident, carrying on business, or being therein ;(c) Now we do hereby further warn all Our subjects that conformably with that prohibition it is forbidden to carry in British Vessels from any Foreign Port to any other Foreign Port any article comprised in the list of contraband of war issued by Us(d) unless the shipowner shall have first satisfied himself that the articles are not intended iiltimately for use in the enemy country.( e ) Any British Vessel acting in contravention of this Proclamation will be liable to capture by Our Naval Forces and to be taken before Our Prize (a) This Proclamation was published in the " London Gazette " of August 5th, 1914, being the 2nd Supplement to the Gazette of August 4th ; in the "Edin- burgh Gazette" of August 7th, 1914; and in the "Dublin Gazette" of August 6th, 1914, being the 3rd Supplement to the Gazette of August 4th. (b) See Notification of a State of War with Germany, printed at p. 1 above. (c) The Proclamation on Trading with the Enemy of August 5th (which is printed at p. 375 under the heading "Trading with the Enemy"), was extended to Austria-Hungary by paiagraph 2 of Proclamation of August 12th ( ] Tinted at p. 97 above) under the heading " Austria-Hungary." By the Trading with the Enemy Proclamation No. 2 (printed at p. 378 below), the Proclama- tion of August 5th and paragraph 2 of that of August 12th were revoked. (d) See Proclamation of August 4th, 1914, printed at p. 108 above, pre- scribing a list of articles to be treated as Contraband of War, which list was, so far as Conditional Contraband is concerned, added to by the Proclamation of tember 21st, 1914, printed at p. Ill below. A list of Contraband of War i- printed in Appendix A III at p. 407 below. (e) The Proclamation of August 12th, printed at p. 97 above under the heading " Ar;sii;i,\ IIincahy" provides that the words "enemy country"' shall be deemed to include the Dual Monarchy of Austria-Hungary. Additional Articles to be treated as Conditional Contraband. Ill Courts (a) for adjudication, and any of Our subjects acting in con- travention of this Pioclamation will be liable to such penalties as the law prescribes. Given at Our Court at Buckingham Palace, this Fifth dai oJ August, in the year of ■ Lord one thousand nine hundred and fourteen, and in the Fifth year of < )nr Reign. ( rod -a\ e tin- Kin-. Proclamation, datkd Septkmbee 21, 1914, Specifying certain Additional Articles to be treated as Contraband <>i WAR.(b) 1914. No. 1410. By the King. A Proclamation specifying certain additional Articles which are to be treated as Contraband of War. George R.I. Whereas on the fourth day of August last We did issue Our Royal Proclamation(c) specifying the articles which it was Our intention to treat as Contraband of War during the War between Us and the German Emperor : And whereas on the twelfth day of August last We did by Our Royal Proclamation of that date(d) extend our Proclamation afore-mentioned to the War between Us and the Emperor of Austria, King of Hungary : And whereas by an Order in Council of the twentieth day of August, 1914, (e) if was ordered that during the presenl hostilities the Convention known as the Declaration of Londorr(f) should. subjeci to certain additions and modifications therein specified, be adopted and put in force as if the same had been ratified by Us: And whereas it is desirable to add to the list of articles to be treated as Contraband of War during the present War: And whereas it is expedient to introduce certain further modi- fications in the Declaration of London as adopted and put in force : (a) See Orders in Council of August 5th and 20th, printed at pp, 248-252 below under the hoading " Prize Courts" providing for the Constitution of a Prize Court (High Court), that of September 30th as to constitution of Prize Courts for Egypt, Zanzibar, and Cyprus (p. 2 ."».'!). ami Notification of October 8th as to constitution of Prize Courts in certain Oversea Dominions (p. ,V27). (b) This Proclamation was published in the " London Gazette " of September "21st, 1914, being the 2nd Supplement to the Gazette of September 18th : in the " Edinburgh Gazette " of September 22nd. 1 '. » 1 4 : and in the '■ Dublin Gazette " of September 22nd, 1914. (c) Printed at p. 108, above. (d) Printed under the heading " AUSTRIA-HUNGARY " at p. 97, above. ie) Printed at p. 14.5 below, under the heading "Declaration of London.' (f) The Declaration of London is printed in Appendix H at pp. 447-463 below. 112 Additional Articles to be treated as Contraband of War Now, therefore, We do hereby Declare, by and with the advice of Our Privy Council, that during the continuance of the War. or until We do give further public notice, ihe articles enumerated in the Schedule hereto will, notwithstanding anything contained in Article 28 of the Declaration of London, be treated as con- ditional Contraband. Schedule. ( topper, unwrought. Lead, pig, sheet, or pipe. Glycerine. Ferrochrome. Haematite Iron Ore. Magnetic Iron Ore. Rubber. Hides and Skins, raw or rough tanned (but not in- cluding dressed leather). Given at Our Court at Buckingham Palace, this Twenty-first day of September, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. COUNTY COURT (ENGLAND) RULES AND FEES.( a ) Order VII., Rule 36, pars. 2, 3. Where judgment cannot be entered by reason of Proclama- tion under 4 & 5 Geo. 5, c. 11. County Court Rule, dated September 10, 1914. The Postponement of Payments Act, 1914. 1335 1914. No. L. 31 The following Rule shall have effect during the currency of any Proclamation(b) issued under the Postponement of Payments Act, 1914, and for two months thereafter. Order VII. Plaint Note and Summons. Service Default Summons and Service. The following paragraphs shall be added to Order VII., Rule 36, viz. : — (2) Where a default summons has been issued in an action in respect of a claim to which any Proclamation issued under or (a) The Rules and Directions of the Lord Chancellor under the Courts (Emergency Powers) Act, 1914, are printed at pp. 115-124 below, under the heading "Courts (Emergency Powers)." (b) The Proclamations in question are printed at pp. 238-248 below under the heading " Postponement of Payments." County Court Rule as to Postponement of Payments. 113 confirmed by the Postponement of Payments Act, 1914, applies, and notice of intention to defend has not been given or leave to defend has not been obtained, the period during which such Proclamation was or shall be in force shall be excluded in the computation of the time within which judgment may be entered. (3) Where any such action has been struck out on default of judgment being entered, and the court is satisfied that the plaintiff was unable to have judgment entered by reason of any such Proclamation, or of any directions given for carrying any such Proclamation into effect, the court may, at any time before the expiration of the time limited for entering judgment (such time to be computed) in accordance with the preceding para- graph, order the action to be reinstated. Wm. L. Selfe. Wm. C. Smyly. R. Woodfall. T. C. Granger. H. Tindal Atkinson. Approved by the Rules Committee of the Supreme Court. Kenneth Muir Mackenzie, Secretary. I allow this Rule, which shall come into operation forthwith. Haldane, C. The 10th day of September, 1914. Treasury Order, dated September 15, 1914, regulating Fees in County Courts. ^t 1387 l914 ' No -LZT3' In pursuance of the powers given by the County Courts Act, 1888, and of all other powers enabling Us in this behalf, We, the undersigned, being two of the Commissioners of His Majesty's Treasury, whose names are hereunto subscribed, do hereby, with the consent of the Lord Chancellor, order that, on and after the 15th day of September, 1914, the several alterations and addi- tions to the Schedules to the Treasury Order regulating Fees in County Courts, dated the 30th day of December, 1903 (as amended by Treasurv Orders, dated the 30th day of Mav, 1907. the 7th day of July,' 1909, the 15th day of Mav", 1912, the 18th day of November, 1913. and the 26th day of May. 1914),(a) specified in the Schedule hereunder written shall have effect. John 11'. CuJland. William Jones. I concur. Haldane, C. (a) The main Order, that of 1903, is printed in Statutory Bales and Orders Revised (1004) III.. County Court, E., pp f.77 f*)'.»7. and the subsequent ones mentioned above form Statutory Rules and Orders, 1907, No. 460 : 1909, No. 76(i ; 1912, No. 633 ; 1913, No. 1228 : and 1914, No. 708. 5750 H 114 Treasury Order as to County Court Fee under Courts {Emergency Powers) Act. Schedule B, Part I. General. Registrar 's Fees. The following paragraph shall be added : — Courts {Emergency Powers) Act, 1914, and Courts (Emergency Powers) Pules, 1914. 33c. On any summons under these Rules : Sixpence for each pound or part of a pound, calculated on the amount of the subject matter of the application, but so that the total fee does not exceed two shillings and sixpence. COURTS (EMERGENCY POWERS). 1. Jurisdiction. The Courts (Emergency Powers) Order, 1914. (a) 1914, No. 1404. At the Court at Bucking-ham Palace, the 17th day of September, 1914. Present : The King's Most Excellent Majesty in Council. Whereas, under subsection (4) of section two of the Courts (Emergency Powers) Act, nineteen hundred and fourteen, (b) His Majesty has power, by Order in Council, to provide, amongst other things, that that Act shall have effect subject to such limitations as may be contained in the Order: And whereas it is desirable that that Act shall have effect subject to the limitation hereinafter set out: Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered as follows : — 1. The Courts (Emergency Powers) Act, nineteen hundred and fourteen, shall have effect subject to the following limitation, that is to say, that subsection (1) of section one thereof shall not apply in the case of any proceedings for the levying of any fine, or for the enforcement of the payment of any sum due under (a) This Order was published in the "London Gazette" of September 17th, 1914, being the 2nd Supplement to the Gazette of September ISth ; in the "Edinburgh Gazette" of September 19th, 1914, being a Supplement to the Gazette of September 18th ; and in the " Dublin Gazette" of September '22nd, 1914. In the " Dublin Gazette " the date of the Order is correctly given, but in the two other Gazettes it is given as of " the 18th " — on which day His Majesty did not make any Orders in Council. (b) 4 & 5 Geo. 5. c. 78, printed at p. 35 above. Courts (Emergency Powers) Order, 1914. 115 a recognizance, or for the enforcement of any order of affiliation or any order enforceable in the same manner as an order of affiliation. 2. This Order may he cited as the Courts (Emergency Powers) Order, 1914. Almeric FitzRoy. 2. Procedure in England. The Courts (Emergency Powers) Rules, 1914, dated September 8, 1914, made by the Lord Chancellor under the Courts (Emergency Powers) Act, 1914 (4 & 5 Geo. 5, c. 78). 1914. No. "». L. 30 1. In these Rules — Definitions. The expression "the Act" means the Courts (Emergency Powers) Act, 1914; (a) The expressions " paragraph (a) " and " paragraph (6) " mean respectively paragraph (a) and paragraph (6) of subsection (1) of section one of the Act; The expression "creditor" means any person who has obtained or is seeking to obtain any judgment or order for the payment or recovery of a sum of money to which para- graph (a) applies, or who is (apart from the provisions of the Act) entitled to enforce any of the remedies mentioned in paragraph (b) ; and the expression "debtor" has a corresponding meaning. The expression " application " means an application to the Court under section one of the Act. 2. — (1) For the purposes of paragraph (a) the court to which Courts by application is made shall be the court by which the judgment wnicn or order for the payment or recovery of a sum of money has been ^^b' 1 ' 161 ' given or made or in which it is being sought. exercised (2) For the purposes of paragraph (6) the court to which application is made may be — (a) in any case whatever, the High Court; (6) alternatively, in cases where the value of the subject- matter (as hereinafter defined) of the application does not exceed one hundred pounds, the county court; and (c) as a further alternative, in the case of distress for rent where the amount of the yearly rent does not exceed twenty pounds, or in cases where it is sought to enforce either the lapse of a policy to which sub- section (1) of section one of the Act applies, or a hire-purchase agreement the original liability on which does not exceed twenty pounds, a court of summary jurisdiction. (a) 4 & 5 Geo. 5. c. 78, printed at p. 35 above. 57. "i0 II 2 116 Courts (Emergency Powers) Rules, 1914. Mode of application under para- graph (a). (3) For the purposes of this Rule, the value of the subject matter of an application shall be deemed to be — in the case of an application for leave to levy distress, the amount for which distress is proposed to be levied; in the case of an application for leave to take, resume, or enter into possession of any property, or to exercise any right of re-entry, the amount of the sum sought to be recovered ; in the case of an application for leave to foreclose, or realise any security, the amount of the principal sum secured ; in the case of an application for leave to forfeit any deposit, the total amount payable in respect of which the deposit has been made; and in the case of an application for leave to enforce the lapse of a policy of insurance to which subsection (1) of section one of the Act applies, the amount ultimately recoverable under the policy. (4) Applications shall, in the absence of special circumstances, be made to a county court or to a court of summary jurisdiction, as the case may be, where application to such a court is permitted by this Rule. The court may order any increased costs occasioned by dis- regard of this sub-rule to be borne by the applicant. Where an application is made to the High Court which in the opinion of that court ought to have been made to a county court or to a court of summary jurisdiction, the case may, if thought fit, be remitted or transferred to the proper court; and where an application is made to a county court which in the opinion of that court ought to have been made to a court of summary jurisdiction, the county court may remit or transfer the case to a court of summary jurisdiction. 3. — (1) In cases under paragraph (a) where a judgment or order has been already made, application shall be made by summons(a) to be served at such time and in such manner and to be dealt with according to such practice generally as may be in conformity with the practice of the court, or division of the court, in question. Provided that such summons shall have appended to it a note corresponding, mutatis mutandis, with the note to the Notice of Application in Form I. in the Schedule to these Rules. (2) In cases under paragraph (a) where no judgment or order lias been already made, application may be made at the time of the making of the judgment or order without any summons : Pro- vided that unless the debtor is actually present by himself or his solicitor at the time of the making of the judgment or order such application shall not be entertained unless the creditor shall have served on the debtor, in accordance with the practice of the court in question as to the service of summonses, a notice of intention to make the application, which shall be in the form or to the effect set out in Form I. in the schedule to these rules. (a) See Directions given by the Lord Chancellor September 11th, printed at p. 120 below Courts {Emergency Powers) Rules, 1914. (3) Any such notice as in sub-rule (2) of this rule mentioned may be served either with the writ or other document originating the proceedings or at any later time not being less than two clear days before the marking of the judgment or order unless in any case the court shall otherwise order. (4) The practice of the court in question as to the time and place and method of service and as to substituted service and otherwise shall apply to the service of a notice under this rule as if sucli notice were a summons. 4(a). — (1) Application to the High Court under paragraph (6) shall be made by way of originating summons, and shall be dealt with in chambers in accordance with the practice of the division of the High Court in which the application is made; but any such application may be adjourned into court at any stage of the pro- ceedings or during the hearing. (2) Application shall be to the Division of the High Court which ordinarily deals with subject matters similar to the subject matter of the application. Any application made in contraven- tion of this sub-rule may be remitted to the proper division, but may, if it is thought fit, notwithstanding any tiling in this sub- rule, be dealt with by the division in which it is made. (3) The debtor shall not be required to enter any appearance to any such originating summons as aforesaid, and accordingly Rule 4 E of Order LIV. of the Rules of the Supreme Court as well as the general practice of the High Court shall apply thereto. (4) Any originating summons under this rule shall be in the form or to the effect of Form II. in the Schedule to these rules. In particular it shall have a note as to the effect of the Act sub- joined to it in the form or to the effect shown in Form II. 5. — (1) Applications to the county court under paragraph (6) may be made to any court which would have jurisdiction in the matter if the creditor were a plaintiff, and the debtor a defendant, in an action for debt not exceeding 100Z. (2) The application shall be made by means of a summons entitled " In the matter of the Courts (Emergencv Powers) Act, 1914." (3) Application may be made to the registrar of the court ; but— (i) the registrar may in any case refer the matter to the judge; (ii) where the amount of the subject matter of the applica- tion exceeds five pounds, the registrar shall, on the application of either party, refer the matter to the judge ; and (iii) the judge may vary or rescind any order made by the registrar and may make such order as may be just. 6. Applications to a court of summary jurisdiction under paragraph (b) shall be made by means of a summons entitled, "In the matter of the Courts (Emergency Powers) Act, 1914," and shall be dealt with by the court. (a) An additional Rule (4a) made by the Lord Chancellor, September 18th, and printed at p. 124 below, provides for applications in the King's Bench Division under paragraphs (a) and (b) being dealt with by Masters or District Registrars. 117 [.See order 54, rule4e.] .Mode of application to the High Court under paragraph (6). Mode of application to county court under paragraph (b). Mode of application to courts of summary jurisdiction under paragraph (6). 118 Courts (Emergency Powers) Rules, 1U14. Note as to effect of Act to be sub- joined to summons in inferior courts. Procedure under Small Tenements Recovery Act. Evidence in support of application. Power to hear cases in private. Power to require security. Power to revoke or vary orders Fees. Ordinary practice of court to be followed. 7. In the case of any application under paragraph (b) either to a county court or to a court of summary jurisdiction the summons shall have subjoined to it a note stating the effect of the act in terms similar to those of the note to Form II. in the schedule to these rules. 8. The procedure under the Act and these Rules in the case of an application to a court of summary jurisdiction under section one of the Small Tenements Recovery Act, 1838. (a) shall be the same as if the issue of a warrant under that section were an order <>i a court of summary jurisdiction. 9. It shall not be necessary in the first instance for a creditor to support any application either under paragraph (a) or under paragraph (b) by any affidavit or other evidence except such evidence, if any, as may be required to show the nature and extent of the relief required by him. But if any contest arises between the parties the court to which the application is made may make such requirements or give such directions as to evidence on the part of either party or both parties as the case shall require. 10. The court may at any stage of the proceedings on an appli- cation under the Act order that the case shall thenceforward be heard in private. 11. The conditions on which under sub-section (2) of section one of the Act a court may stay execution or defer the operation of any of the remedies therein referred to may, if the court thinks fit, include the giving of any undertaking or the deposit in court or otherwise of any securities or (in the case of the High Court or a county court) the appointment of a receiver or the granting of an injunction. 12. Any order made under the Act or these rules may, should subsequent circumstances render it just so to do, be suspended, discharged, or otherwise varied or altered on application by summons to the court which made such order. 13. The following fees shall be payable under these rules, that is to say : — On any summons in the High Court, 2s. Qd. On any summons in a county court, ls.(b) On any summons in a court of summary jurisdiction, Is. Provided that any court to which an application is made under the Act may remit or excuse in whole or part any court fees paid or payable under this rule in respect of the application. 14. The proceedings on any application under the Act shall, so far as not expressly provided for by these rules, be conducted in accordance with the ordinary practice of the court to which the application is made in dealing with similar matters. (a) 1 & 2 Vict. c. 74. (b) But see Treasury Order of September 15th printed at p. 113 above amend- ing the Orders as to Fees in County Courts by prescribing that on any summons under the Courts (Emergency Powers) Rules, 1914, the Fee shall be Sixpence for each pound or part of a pound, calculated on the amount of the subject matter of the application, but so that the total fee does not exceed two shillings and sixpence. Courts (Emergency Powers) /i"/<;s, 1914. 119 15. Any application under paragraph (b) which under these Palatinate rules may be made to the Chancery Division of the High Court courts and may, in cases within the jurisdiction of a palatinate court, be London made to that court; and au\ such application which under these Court, rules may be made to a county eouii may, in cases within the jurisdiction of the City of London court, be made to that court; and these rules shall apply to any such court accordingly with the necessary modifical ions. 16. The costs of ;m\ application under the Act -hall be in the Lests. absolute discretion of the court; and the court may, if it thinks fit, fix the amount of the costs, and direct that they shall be pay- able forthwith. 17. These rules may be cited as the Courts (Emergency Powers) Short title Rules, 1914, and shall come into operation forthwith. mencement Dated the 8th of September, 1914. H aid (ui e, C. Schedule. Form I.— Form of Notice under Paragraph (a). [Title of Proceedings.] Take notice that on the occasion of the making of any judgment or order herein for the payment or recovery of a sum of money, I [we] intend to make without any further notice an application to the court under the Courts (Emergency Powers) Act, 1914, for leave of the court to proceed to execution on, or otherwise for the enforcement of any such judgment or order. (Signature) (Date) Note. — The effect of the above-mentioned Act is to prevent execution on or enforcement of the judgment or order in question if the court is of opinion that you arc unable immediately to make the payment thereby directed by reason of circumstances attributable directly or indirectly to the present war. It is for you to show this to the Court if it is the case. Form II. — Form of Originating Summons under Paragraph (6). In the High Court of Justice Division (// in the Chancery Division add the name of the Judge to whom the matter is assigned.) In the matter of the Courts (Emergency Powers) Act, 1914. Let A.B. of attend [if in the Chancery Division at the Chambers of Mr. Justice at the time specified in the margin hereof] [if in the King's Bench Division to the Judge [or Master] in Chambers, Centra] Oflice, Royal Courts of Justice, Strand, London] on the day of 19 at o'clock in the noon on the hearing of an application on the part of CD. of that notwithstanding the provisions of 120 Courts (Emergency Pavers) Rules, 1914. section 1, subsection 1 (b) of the above-mentioned Act the applicant may be at liberty to exercise the following remedy for enforcing the payment or recovery of money or in default of such payment or recovery, that is to say [may be at liberty to levy a distress for rent amounting to £ on property situate at ; or to take, resume, or enter into possession of property situate at ; or to forfeit a deposit of £ made on the occasion of (state nature of contract) ; or as the case may be]. Note. — The Courts {Emergency Powers) Act, 191^, provides that during its operation certain remedies for the payment or recovery of money (including the remedy above mentioned) are not to be taken or executed except on an application to the court and that the court may in its dis- cretion defer the exercise of such remedies for such time and subject to such conditions as the court thinks fit, if of ojrinion that the inability to make payment is due to circumstances attributable directly or indirectly to the present war. If you desire to take advantage of the Act you should attend by yourself or your solicitor and satisfy the court that your inability to pay is due to the war. Further Note. — It will not be necessary for you to enter an appearance in the Central Office, but if you do not attend either in person or by your solicitor at the time and place above mentioned [or at the time mentioned in the endorsement hereon] such order will be made and proceedings taken as the judge may think just and expedient. Directions dated September 11, 1914, given by the Lord Chancellor for Judges and Registrars of County Courts pursuant to the courts (emergency powers) act, 1914 (4 & 5 Geo. 5, c. 78). 1379 1914. No. f^-. L. 32 1. In the application of Rule 3 of the Courts (Emergency- Powers) Rules, 1914, (a) to the County Courts, the word "summons" shall mean "interlocutory application." 2. Paragraph 4 of Rule 4 of the said Rules shall apply to summonses issued under paragraph 2 of Rule 5. Any such summons shall be served on every person affected thereby four clear days at least before the day fixed for the hearing of the sum- mons unless the Judge or Registrar gives leave for shorter service. Service shall be effected in accordance with the County Court Rules as to the service of notice of an interlocutory application. The 11th day of September, 1914. Haldane, C. (a) Printed at p. 35 above. Directions under Courts {Emergency Powers) Act. 121 Further Directions dated September 17, 1914, giykn j-.y the Lord Chancellor to County Courts pursuant to the Cockts (Emebgenci I'owkks) Act, 1914 (4 & 5 (Jko. •">. c. 78). 14 1 2 1914. No. =—— • L. 36 1. Proceedings for the enforcement of judgments or orders under Section 1, sub-section 1 (a) of the Courts (Emergency Towers) Act, 1914, (a) shall include proceedings by way of judg- ment summonses. 2. The forms in the Appendix hereto, with such modifications as may be necessary, shall be used on applications to County Courts under the said Act. Haldane, C. Tin.- 17th day of September, 1914. APPENDIX. Form I. The Courts (Emergency Powers) Act, 1914. Notice of Application for leave to proceed to execution on or other- wise FOR THE ENFORCEMENT OF A JUDGMENT OR AN ORDER, UNDER PARAGRAPH («). (1.) Where judgment or order already given or made. The Courts (Emergency Powers) Act, 1914. In the County Court of holden at No. of Plaint Between A.B. Plaintiff and (j D. Defendant. Take Notice, that I [or we] intend to apply under the Courts (Emergency Powers) Act, 1914, to the Court [where application is intended to be made to the Registrar at his office add, at the office of the Registrar situate at ] on the day of at the hour of in the noon, for an order that 1 [or we] may be at liberty to proceed to execution on the judgment [or order] given [or made] against you the Defendant in this action [or matter] on the day of , for the payment of the sum of I' and £ costs, [or, if the application is for the enforcement of the judgment or order otherwisi than by way of execution, for an order that. I [or we] may be at liberty to proceed to the enforcement of the judgment [or order] given [or made] against you the Defendant in this action [or matter] on the day of for the payment of the sum of £ and £ costs, by (a) Printed at p. 35 above. Directions under < 'ourts (Emergency Powers) Act. (state the proceedings which the applicant desires to take) ] and for an order providing for the costs of the application. Dated this day of Plaintiff. [or Plaintiff's Solicitor.] To the Registrar of the Court, and To the Defendant {naming him) NOTE. — The effect of the above-mentioned Act is to prevent execution on or the enforcement of the judgment or order in question if the Court is of opinion that you the Defendant are unable immediately to make the payment thereby directed by reason of circumstances attributable directly or indirectly to the present war. It is for you to attend in person or by your solicitor at the time and place above mentioned and show this to the Court if it is the case. (2.) Where judgment or order not yet given or made. The Courts (Emergency Powers) Act, 1914. In the County Court of holden at No. of Plaint Between A.B. Plaintiff and CD. Defendant. Take Notice, that on the entry of any judgment or the making of any order in this action [or matter] for the payment or recovery of a sum of money by or from you the Defendant I [or we] intend without any further notice to apply to the Court under the Courts (Emergency Powers) Act, 1914, for leave to proceed to execution on such judgment or order and for an order providing for the costs of the application. [Or, where a default Summons has been issued, and notice of intention to defend has not been given, or leave to defend has not been obtained, Take Notice, that I [or we] intend to apply to the Court at the office of the Registrar situate at on the day of at the hour of in the noon, to have judgment entered up in this action. And further take Notice that I [or we] intend at the time and place above mentioned to apply without any further notice to the Court under the Courts (Emergency Powers) Act, 1914, for leave to proceed to execution on or otherwise for the enforcement of such judgment and for an order providing for the costs of the application.] Dated this day of Plaintiff [or Plaintiff's Solicitor.] To the Registrar of the Court, and To the Defendant (naming him) NOTE.— The effect of the above-mentioned Act is to prevent execution on or the enforcement of any judg'ment or order which may be entered or made against you the Defendant in this action [or matter] if the Court is of opinion that you are unable immediately, to make the payment thereby directed by reason of circumstances attributable directly or indirectly to the present war. It is for you to attend in person or by your solicitor at the time and place above mentioned and show this to the Court if it is the case. Directions under Courts {Emergency Powers) Act. 123 Form II. Summons under Paragraph (b). In the County Court of bolden at Li the matter of the Courts (Emergency Powers) Act, 1911. To of Take Notice, thai you are hereby aummoned to attend this Court [or if th<' application is intended to b< made to /'•< Registrar, at the office of the Registrar of this Court situate at j on the day of a1 the hour of in the noon, on the hearing of an application on the part of oi that notwithstanding the provisions of Section 1, subsection 1 (b), of the above-mentioned Act the applicant may be at liberty to exercise the follow- ing remedv for the purpo.se of enforcing the payment or recovery of a sum of money due from you to the said [or in default of the payment or recovery of a sum of money due from you to the said | that is to say : (a) that the said may be at liberty to levy a distress tor rent amounting to due from you to him on premises situate at and known as ; or (b) that the said may be at liberty to take, resume or enter into possession of certain chattels held by you under a hire-purchase agreement made between the said and you the said ; or (c) that the said may be at liberty to resume or enter into possession of certain property situate at 5 or (d) that the said may be at liberty to exercise his right of re-entry on certain property situate at and held by you under him ; or (e) that the said may be at liberty to foreclose on or to realize a security for the sum of £ given by you to the said ; or (/) that the said may be at liberty to forfeit a deposit of £ made under a contract made between him and vim (state nature of contract) ; or (g) that the said may be at liberty to enforce the lapse of a certain policy of insurance for the sum of £ granted to you by the said [or as the case may be] and for an order providing for the costs of the said application. Dated this day of By the Court Registrar. NOTE. — The Courts (Emergency Powers) Act, 1914, provides that during- its operation certain remedies for the pay- ment or recovery of money, or in default of the payment or recovery of money (including the remedy above men- tioned), shall not be enforced except upon application to the Court, and that if on any such application the Court is of opinion that time should be given to the person liable to make the payment on the ground that he is unable immediately to make the payment by reason of circumstances attributable directly or indirectly to the present war the Court may, in its absolute discretion, after considering all the circumstances of the case and the position of all the parties, by order defer the opera- tion of any such remedies for such time and subject to such conditions as the Court thinks fit. Directions under Courts {Emergency Powers) Act. If you desire to take advantage of the Act you should attend in person or by your solicitor at the time and place above mentioned and satisfy the Court that your inability to pay is due to such circumstances. If you do not attend either in person or by your solicitor at the time and place above mentioned such order will be made and proceedings taken as the Court may think just and expedient. Direction, dated September 17, 1914, given by the Lord Chancellor pursuant to the Courts (Emergency Powers) Act, 1914 (4 & 5 Geo. 5, c. 78) as to Courts of Summary Jurisdiction. 1413 1914. No. ^£=- Li. St The following- direction has been given by the Lord Chan- ce llor The Lord Chancellor directs that a Court of Suinniary Juris- diction shall be a Court to which application may be made for the purposes of paragraph (6) of sub-section (1) of Section 1 of the Courts (Emergency Powers) Act, 1914, (a) as a further alterna- tive to the High Court and the County Court in cases where a warrant or other authority from a justice or justices is required before a distress or other remedy can be levied or enforced for the recovery of rates or any other sum to which sub-section (1) of Section 1 of the Courts (Emergency Powers) Act, 1914, applies. Haldane, C. 17th September, 1914. Additional Rule, dated September 18, 1914, made by the Lord Chancellor under the Courts (Emergency Powers) Act, 1914 (4 & 5 Geo. 5, c. 78;. inil ^ 1438 1914 - No -LT39- The Lord Chancellor has made an additional Rule to be cited as Rule 4a of the Rules under the above Act,(h) as follows : — Applications in the King's Bench Division under para- graphs (a) and (6) shall be dealt with by a Master or a District Registrar. (a) Printed at p 35 above. (b) These Rules are printed at pp. 115-120 above. Act of Sederunt under Courts {Emergency Powers Act). 125 3. Procedure in Scotland. Act of Sederunt regulating Proceedings under the Courts (Emebgenct Powers) Act, 1914 (4 & 5 Geo. 5, c. 78). 1914. NO. g-y Edinburgh, 28th September, 1914. The Lords of Council and Session Enact and Declare as follows, viz. : — I. The expression "the Act" means the Courts (Emergency Powers) Act, 1914(a). . The expressions "Paragraph {a)' and "Paragraph (6) mean respectively Paragraph (a) and Paragraph {b) of subsection (1) of Section 1 of the Act. The expression " creditor " means any person who has obtained or is seeking to obtain any decree for the payment or recovery of a sum of money to which paragraph (a) applies, or who is (apart from the provisions of the Act) entitled to enforce any of the remedies mentioned in paragraph (6); and the expression " debtor " has a corresponding meaning. The expression "application" means an application to the Court under Section 1 of the Act. II. (1) For the purposes of paragraph (a) the Court to which application is made shall be the Court by which the decree for the payment or recovery of a sum of money has been given or made or in which it is being sought. (2) For the purposes of paragraph (b) the Court to which appli- cation is made shall be any Court which according to present practice has jurisdiction to deal with causes of the nature and value involved in the application. III. In cases under paragraph (a) where a decree has been already granted the application shall be in Form of Schedule I. hereto annexed, which application shall be lodged with the Clerk of Court, who shall grant Warrant for Intimation thereof in Form of Schedule II. hereto annexed, and a copy of said Warrant shall be appended to the service copy of said Application along with a Note in Form of Schedule III. hereto annexed. At the Diet appointed in such Warrant for Intimation the Court shall dispose of such Application or appoint such further procedure as it may deem necessary in order to the disposal thereof. (2) In cases under paragraph (a) where no decree has been already pronounced application may be made at the time of pro- nouncing suet decree, provided that intimation, incorporating mutatis mutandis the terms of Schedule III. hereto annexed, of the intention to make such application has previously been given in writing to the debtor at least two clear days before such application is made. (a) Printed at p 35 above. 126 Act of Sederunt under Courts {Emergency Powers Act). IV. Applications under paragraph (6) to the Court of Session shall be by Petition in the Outer House, and in other Courts by- Petition or Initial Writ, provided that it shall not be necessary to set forth any statement of facts in gremio of, or appended to, any such Petition or Initial Writ, nor in the Court of Session to print or box such Petition unless the Court shall specially so order; And the procedure following thereon shall be mutatis mutandis in the manner set forth in Section 3 hereof, provided the note appended to the service copy of the application shall be in the Form of Schedule IV. in place of Schedule III. V. The Court may at any stage, of the proceedings in an appli- cation under the Act order that the case shall be heard in camera. VI. The conditions on which under subsection (2) of Section 1 of the Act a Court may stay execution or defer the operation of any of the remedies therein referred to may, if the Court think fit, include the giving of any undertaking, or the deposit in Court or otherwise of any securities, or payment by instalments, or (in cases before the Court of Session or Sheriff Court) the appointment of a judicial factor or the granting of an interdict. VII. Any order made under the Act or this Act may, should subsequent circumstances render it just so to do, be recalled, suspended, discharged or otherwise varied or altered on a motion to the Court which made such order, after written intimation to the Creditor or Debtor, as the case may be, of the intention to make such motion. VIII. No Court fees shall be payable in any proceedings under the Act or under this Act of Sederunt. IX. The expenses of proceedings under the Act and this Act shall' be in the discretion of the Court; and the Court may, if it think fit, award no expenses - or may modify the amount thereof. X. In vacation the Lord Ordinary officiating on the Bills shall have power to deal with all applications to the Court of Session. Schedules. Schedule I. Courts (Emergency Powers) Act, 1914. Unto [specify Court.} APPLICATION. FOR A. B. [designation]. A. 13. applies to the Court for leave to proceed with diligence for the enforcement of the decree, copy of which is appended hereto [or otherwise competently produced and referred to] against the therein designed CD. [Signature of applicant or law-agent or counsel.} [Place and Bate] Schedule IT. [Place and Date].— The Court grants warrant for intimation and^ appoints parties to appear on the day of , at o'clock, in [place]. [Signature of the Clerk of Court.] Act of Side runt under Courts {^Emergency Power* Act). 1-7 Si UIJDILE III. Note. — -The effect of the Courts (Emergency Powers) Act, 1914, is to prevent diligence being used for the enforcement of the Decree in question if the Court is of opinion that you are unable immediately to make the payment thereby directed by reason of circumstances attributable directly or indirectly to the present war. It is for you to show this to the Court if it is the case. Schedule IV. Note. — The Courts (Emergency Power.-) A\ euilehe\ nol. The new certificates will also be available for the purpose oi cover for t bese issues. A Return of currency notes issued and in circulation will be published each Friday in the London, Edinburgh and Dublin Gazettes in the following form : — 137 Total Issues, as shown in last statement : — £1 105 -ISSUE ACCOUNT. . Notes cancelled as shown in last state- ment : — £1 ... 10*. ... Issue during- the week ( lancelled during the week : — ei ... 10*. ... Total Outstand- ing £1 105. Total II.— BALANCE SHEET. Notes outstanding .. Advances : — Scottish and Irish Banks of Issue . . . Other Bankers Post Office Savings Hank Trustee Savings Banks Currency Note Ee- demption Account 138 "Days of Grace'" to Enemy Ships. "DAYS OF GRACE" TO ENEMY SHIPS Order in Council relating to the Detention of German Ships in British Ports or in any Ports of ant Native State in India, or in any of His Majesty's Protectorates, or in any State under His Majesty's protection or in CYPRus.(a) (b) 1914. No. 1248. At the Court at Buckingham Palace, the 4th day of August, 1914. PRESENT : The King's Most Excellent Majesty in Council. His Majesty being mindful, now that a state of war exists between this country and Germany ,(c) of the recognition accorded to the practice of granting " days of grace " to enemy merchant ships by the Convention relative to the Status of Enemy'Merchant Ships at the Outbreak of Hostilities, signed at the Hague on the 18th October, 1907, (d) and being desirous of lessening, so far as maybe practicable, the injury caused by war to peaceful and unsuspecting commerce, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows : — 1. From and after the publication of this Order no enemy(a) merchant ship shall be allowed to depart, except in accordance with the provisions of this Order, from any British port or from any ports in any Native State in India, or any of His Majesty's Pro- tectorates, or in any State under His Majesty's protection or in Cyprus.. ^ 2. In the event of one of His Majesty's Principal Secretaries of State being satisfied by information reaching him not later than midnight on Friday, the seventh day of August that the treatment accorded to British merchant ships and their cargoes which at the date of the outbreak of hostilities were in the ports of the enemy or which subsequently entered them is not less favourable than the treatment accorded to eneiny(a) merchant ships by Articles 3 to 7 of this Order, he shall notify the Lords Commissioners of His Majesty's Treasury and the Lords Commissioners of the Admiralty accord- ingly, and public notice thereof shall forthwith be given in the (a) Article 3 of the Order in Council of August 12th, 1914, printed at p. 97 above, under the heading " Austria-Hungary," provides that the Order in Council of August 4th is to be read as if the word " enemy " as applied to either ships or cargo shall, as from August 12th, 1914, be deemed to include Austro-Hungarian ships or cargo. (b) This Order was published in the " London Gazette" of August 5th, 1914, j tin; 1st Supplement to the Gazette of August 4th; in the "Edinburgh Gazette" of August 6th, 1914, being the 2nd Supplement to the Gazette of August 4th, and in the "Dublin Gazette" of August 6th, 1914, being the 3rd Supplement to the Gazette of August 4th. (c) See Notification of a State of War, printed at p. 1 above. (d) Convention VI. (Status of Enemy Merchant Ships) of the Hague Convention of 1907 is printed in Appendix G at p. 442 below. " Days of Grace" to Enemy Ships. "London Gazette,"(a)and Articles 3 to 8 of this Order shall there- upon conic into lull Eoroe and effect. . 3. Subject to the provisions of this Order, enemy mercbanl ships which (i) At thedateof the outbreak of hostilities were in anj pori in which this < >rder applies ; or (ii) Cleared From their lasl pori before the declaration o\ war, and after the outbreak of hostilities, enter ;i port to which tin- Order applies, with no knowledge oi the war : shall be allowed up till midnighl (Greenwich mean time) on i- nciay, the fourteenth day of August, lor loading or unloading their cargoes, and for departing from such port : Provided tint such vessels shall not be allowed to ship any con- traband of war. and any contraband of war already shipped on such vessels must ho discharged. 4. Enemy merchant ships which cleared from their last port before the declaration of war. and which with no knowledge of the war arrive at a port to which this Order applies after the expiry oi the time allowed by Article 3 for loading or unloading cargo and for departing, and are permitted to enter, may be required to depart either immediately, or within such time as may be considered uecessary by the Customs Officer of the port for the unloading ol such cargo as they may be required or specially permitted to discharge. Provided that such vessels may, as a condition of being allow..! to discharge car-... he required to proceed to any other specified British port, and shall there be allowed such time for discharge as the Customs Officer of that port may consider to he necessary. Provided also that, if any cargo on hoard such vessel is contra- band of war or is requisitioned under Article 5 of this Order, she nia\ be required before departure to discharge such cargo within such time as the Customs Officer of the port may consider to be necessary ; or she may be required to proceed, if necessary under escort, to anv other' of the ports specified in Article 1 of this Order, and shall there discharge the contraband under the like conditions. 5. II is Majesty reserves the righl recognised by the sari ( on- vention to requisition at any time subject to payment of compensa- tion enemy cargo on board any vessel to which Articles : ? > and 4 of this Order apply. 6. The privileges accorded by Articles l) and 4 are not to extend to cable -hips, or to sea-going ship- designed to carry oil fuel, or to ships whose tonnage exceeds 5,000 tons gross, or whose speed is 14 knot- or over, regarding which the entries in Lloyd - Register shall be conclusive for the purposes of this Article. Such ve& will remain liable on adjudication by the Prize Court to detention during the period of the war, or to requisition, in accordance, in (a) See Notification of the Secretary of State for Foreign Allan- oi August 7th. L914, as to treatment of British merchanl ships and their cargoes in German ports, printed at p. 141 below, and Notification <>i' August L5th, L914, as to treatment of British merchant ships and their cargoes in Austro- Hungarian ports, printed at p. 142 below. 139 140 " Days of Grace" 1 to Enemy Ships. either case, with the Convention aforesaid. The said privileges will also not extend to merchant ships which show by their build that they are intended for conversion into warships, as such vessels are outside the scope of the said Convention, and are liable on adjudication by the Prize Court to condemnation as prize. 7. Enemy merchant ships allowed to depart under Articles 3 and 4 will be provided with a pass indicating- the port to which they are to proceed, and the route they are to follow. 8. A merchant ship which, after receipt of such a pass, does not follow the course indicated therein will be liable to capture. 9. If no information reaches one of His Majesty's Principal Secretaries of State by the day and hour aforementioned to the effect that the treatment accorded to British merchant ships and their cargoes which were in the ports of the enemy at the date of the outbreak of hostilities, or which subsequently entered them, is, in his opinion, not less favourable than that accorded to enemy merchant ships by Articles 3 to 8 of this Order, every enemy merchant ship which, on the outbreak of hostilities, was in any port to which this Order applies, and also every enemy merchant ship which cleared from its last port before the declaration of war, but which, with no knowledge of the war enters a port to which this Order applies, shall, together with the cargo on board thereof, be liable to capture, and shall be brought before the Prize Court forth- with for adjudication. 10. In the event of information reaching one of His Majesty's Principal Secretaries of State that British merchant ships which cleared from their last port before the declaration of war, but are met with by the enemy at sea after the outbreak of hostilities, are allowed to continue their voyage without interference with either the ship or the cargo, or after capture are released with or without proceedings for adjudication in the Prize Court, or are to be detained during the war or requisitioned in lieu of condemnation as prize, he shall notify the Lords Commissioners of the Admiralty accordingly, and shall publish a notification thereof in the " London Gazette,' and in that event, but not otherwise, enemy merchant ships which cleared from their last port before the declaration of war, and are captured after the outbreak of hostilities and brought before the Prize Courts for adjudication, shall be released or detained or requisitioned in such cases and upon such terms as may be directed in the said notification in the " London Gazette." 11. Neutral cargo, other than contraband of war. on board an enemy merchant ship which is not allowed to depart from a port to which this Order applies, shall be released. 12. In accordance with the provisions of Chapter III of the Convention relative to certain Restrictions on the Exercise of the Eight of Capture in Maritime War, signed at The Hague on the l*th October, 1907,(») an undertaking must, whether the merchant ship is allowed to depart or not, be given in writing by each of the officers and members of the crew of such vessel, who (a) Convention XI. (Right of Capture in Maritime War) of the Hague Convention of 1907 is printed in Appendix G at p. 442 below. " Days of Grace" to Enemy Ships. 141 is of enemy nationality, thai be will not, after the conclusion of the royage for which the pa>s is issued, engage while hostilities lasl in any Bervice connected with the operation of the war. II any such officer is of neutral nationality, an undertaking must be given in writing that he will not serve, after the conclusion of the voyage I'm- which the pass is issued, on anj enemy Bhip while hostilities last. No undertaking i> to lie required from members of the crew who are of neutral nationality. Officers or members of the crew declining to give the under- takings required by tin- Article will be detained a- prisom war. And the Lords Commissioners of His Majesty's Treasury, the Lords Commissioners of the Admiralty, and each of Bis Majestj e Principal Secretaries of State, and all Governors, Officii-, and Authorities whom it may concern are to give the necessarj directions herein as to them may respectively appertain. Aimer if FitzRoy. \ i itificatiox of the secretary of state for foreign affairs as to the Treatment accorded to British Merchant Ships and their Cargoes in German Ports. (a) On the night of August 4th, 1914, the Secretary of State re- ceived the following notice from the German Ambassador : — " The Imperial Government will keep merchant vessels flying the British flag interned in German harbours, but will liberate them if the Imperial Government receive a counter undertaking from the British Government within forty-eight hours." On August 5th a copy of the Order in Council issued on August 4th (b) as to the treatment of enemy merchant vessels in British ports at the date of the outbreak of hostilities was com- municated to the Ambassador of the United States in London, who was then in charge of German interests in this country, with a request that he would be so good as to cause enquiry to be made of the German Government as to whether the terms of Articles III. to VIII. of the Order in Council constituted an undertaking of the nature the German Government required, and under which they would liberate merchant vessels flying the British flag interned in German harbour.-. On August Tih a communication was received from the United State- Embassv that the Tinted State- Minister at Stockholm had (a) This Notice was published in the '-London Gazette'' of August 8th, 1914, being the 1st Supplement to the Gazette of August 7th: in the "Edinburgh Gazette " of August 10th, 1914, being the 2nd Supplement to the Gazette of August 7th: and in the " Dublin Gazette" of August 10th, 191 1. being the 2nd Supplement to the Gazette of A.ugust 7ih. (b) Printed at pp. 138 above. 142 " Days of Grace" to Enemy Ships. sent the following telegram signed by the United States Ambas- sador ;ii Berlin : — " Please state if England has issued Proclamation that she gives permission to enemy ships to leave British ports until midnight, August 14th. If this is so, Germany will issue corresponding orders. Reply through German Legation, Stockholm." The United States Embassy added that they did not believe that this telegram was a reply to the message which had been trans- mitted to Berlin. On enquiry at the United States Embassy shortly before mid- night it was ascertained that no further communication had been received from Berlin. The Secretary of State for Foreign Affairs has therefore no information as to the treatment accorded to British merchant ships and their cargoes in German ports, and has accordingly addressed the undermentioned notification to the Lords Commissioners of the Treasury and to the Lords Commissioners of the Admiralty. Foreign Office, S.W., Midnight, August 1th, 1914. 31 y Lords, I have the honour to state that no information has reached me that the treatment accorded to British merchant ships and their cargoes which were in German ports at the date of the outbreak of hostilities or which subsequently entered them is not less favourable than that accorded to enemy merchant ships by Articles III. to VIII. of the Order in Council issued on the 4th day of August, 1914, (a) with reference to enemy ships being in British ports at the outbreak of hostilities or subsequently entering them. Articles III. to VIII. of the said Order in Council will therefore not come into operation. I have the honour to be, My Lords, Your Lordships' most obedient humble servant, E. GREY. Notification of the Secretary of State for Foreign Affairs as to the Treatment accorded to British Merchant Ships and their Cargoes in Austro-Htjngarian Ports. (b) The Secretary of State for Foreign Affairs has received informa- tion of a nature to satisfy him that the treatment accorded to British merchant ships and their cargoes in Austro-Hungarian ports is not less favourable than that accorded to Austro-Hun- garian merchant ships and their cargoes in British ports, and he (a) Printed at p. 138 above. (b) This Notice was published in the "London Gazette" of August 16th, 1914, being the 2nd Supplement to the Gazette of August 14th ; in the " Edin- burgh Gazette" of August 18th, 1914; and in the "Dublin Gazette" of August 18th, 1914. •' Days of Grace ' t<> Enemy Ships. 143 has accordingly addressed the undermentioned notification to the Lords Commissioners of the Treasury and to the Lords Commis- sioners of the Admiralty. Foreign Office, S.W., Avtjust ]."». 1914. My Lords. I have tlir honour to state that information lias reached me of a nature to satisfy thai tin- treatment accorded to British mer- chant ships and (heir cargoes which were in Austro-Tlungarian ports at the date of the outbreak of hostilities, or which subse- quently entered them, is not less favourable than that accorded by Articles 3 to 8 of the Order in Council issued on the 4th day of August, 1914, (a) with reference to enemy ships being in British ports at the outbreak of hostilities, or subsequently entering them, which was extended so as to apply to Austro- Hungarian merchant ships bv His Majesty's Proclamation issued on the 12th day of August, 1914. Articles 3 to 8 of the said Order in Council, as extended by the Proclamation dated the 12th August, 1914, will therefore come into full force and effect with regard to Austro-Hungarian merchant ships. I have the honour to be, My Lords, Your Lordships' most obedient, humble Servant, E. GREY. DECLARATION OF LONDON. Order in Council adopting, During the Present Hostilities, the provisions of the convention known as the "Declaration of London' with additions and modifi- cations, (b) 1914. No. 1260. At the Court at Buckingham Palace, the 20th day of August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas during the present hostilities the Naval Forces of His Majesty will co-operate with the French and Russian Naval Forces, and (a) Printed at p. 138 above. (b) This Order was published in the "London Gazette" of August 22nd, 1914, being the 1st Supplement to the Gazette of August 21st : in the " Edin- burgh Gazette "of August 24th, 1914, being a Supplement to the Gazette of August 21st ; and in the " Dublin Gazette" of August 25th, 1914. 144 Adoption of Declaration of London with Modifications. Wliereas it is desirable that the naval operations of the allied forces so Ear as they affect neutral ships and commerce should be conducted on similar principles, and Whereas the Governments of France and Russia have informed His Majesty's Government that during the present hostilities it is their intention to act in accordance with the provisions of the Convention known as the Declaration of London, signed on the 26th day of February, 1909, (a) so far as may be practicable. Now, therefore, His Majesty, by and with the advice of His Privy ( louncil, is pleased to order, and it is hereby ordered, that during the present hostilities the Convention known as the De- claration of London shall, subject to the following additions and modifications, be adopted and put in force by His Majesty's Government as if the same had been ratified by His Majesty : — The additions and modifications are as follows: — ( 1) The lists of absolute and conditional contraband contained in the Proclamation dated August 4th, 1914, (b) shall be substituted for the lists contained in Articles 22 and 24 of the said Declaration. (a) (2) A neutral vessel which succeeded in carrying contraband to the enemy with false papers may be detained for having carried such contraband if she is encountered before she has completed her return voyage. (3) The destination referred to in Article 33 may be inferred from any sufficient evidence, and (in addition to the presumption laid down in Article 34) shall be presumed to exist if the goods are consigned to or for an agent of the Enemy State or to or for a merchant or other person under the control of the authorities of the Enemy State. (4) The existence of a blockade shall be presumed to be known : — (a) to all ships which sailed from or touched at an enemy port a sufficient time after the notification of the blockade to the local authorities to have enabled the enemy Government to make known the existence of the blockade, (h) to all ships which sailed from or touched at a British or allied port after the publication of the declaration of blockade. (5) Notwithstanding the provisions of Article 35 of the said Declaration, (a) conditional contraband, if shown to have the des- tination referred to in Article 33, is liable to capture to whatever port the vessel is bound and at whatever port the cargo is to be discharged. (6) The General Report of the Drafting Committee on the said Declaration presented to the Naval Conference and adopted by the Conference at the eleventh plenary meeting on February 25th, (a) The Declaration of London is printed in Appendix H. at pp. 447-463 below. __ „ (b) This Proclamation is printed under the heading " Contraband of War, at p. 108 above. The list therein of Conditional Contraband was varied by the Proclamation of September 21st, 1914, printed at p. Ill above under the same heading. A List of Contraband Goods is printed in Appendix A III., at p. 407 below. Adoption of Declaration of London with Modifications. 145 1909, (a) shall be considered by all Prize Court m authoritative statement of the meaning and intention of the 3aid Declaration, and Midi Courts shall construe and interpret the provisions oi tin- said Declaration l>\ the lighl of the commentary given therein. And the Lords Commissioners of His Majesty's Treasury, the Lords Commissioners of the Admiralty, and each of II ie Maji Principal Secretaries of Stale, the Presidenl of the Probate, Divorce and Admiralty Division of the Sigh Couri of Justice, all other Judges of Mis Majesty's Prize Courts, and .,11 Governors, Officers and Authorities whom il may concern, are to give the necessary direct [ons herein as to them may respi ct ively appertain. Aimer ic FitzRoy. DEFENCE OF THE REALM. Proclamation, dated August 4, 1914, regarding the Defence of the Realm. (b) 1914. No. 1249. By the King. A Proclamation regarding the Defence of the Realm. George R.l. Whereas by the law of Our Realm it is Our undoubted preroga- tive and the duty of all Our loyal subjects acting in Our behalf in times of imminent national danger to take all such measures a- may be necessary for securing the public safety and the defence of Our Realm : And whereas the present state of public affairs in Europe is such as to constitute an imminent national danger : Now, therefore, We strictly command and enjoin Our subjects to obey and conform to all instructions and regulations which may be issued by Us or Our Admiralty or Army Council, or any officer of Our Navy or Army, or any other person acting iu Our behalf Eor securing the objects aforesaid, and not to hinder or obstruct, but to afford all assistance in their power to, any person acting in accor- dance with any such instructions or regulations or otherwise in the execution of any measures duly taken for securing those objects. Given at Our Court at Buckingham Palace, this Fourth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Filth year of Our Reign. Grod save the Kinsr. (a) Tics General Report is printed in Appendix 11., ;it pp. 464 51 t below. (b) This Proclamation was published in the " London Gazette" of August 4th, L9I4, being the 5th Supplement to the Gazette of July 31st ; in the" Edin- burgh Gazette " of Augusl 5tb, 1914, being the 1st Supplement to the Gaa of August 4th ; and in the « Dublin G zette "of August5th, 191 1. beingthe2nd Supplement to the Gazette of August tth, L914. 5750 Defence of the Realm Regulations, 191-4. The Defence of the Realm Regulations, 1914.(a)(b) 1914. No. 1231. At the Court at Buckingham Palace, the 12th clay of August, 1914. Present : The King's Most Excellent Majesty in Council. Whereas by the Defence of the Realm Act, 1914,(c) His Majesty has power during the continuance of the present war to issue Regulations for securing the public safety and the defence of the Realm subject to and in accordance with that Act : Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows : — Part I. General Regulations. 1. The ordinary avocations of life and the enjoyment of property will be interfered with as little as may be permitted bj the exigencies of the measures required to be taken for securing the public safety and the defence of the Realm, and ordinary civil offences will be dealt with by the civil tribunals in the ordinary course of law. The Admiralty and Army Council, and members of the Naval and Military Forces, and other persons executing the following Regulations shall, in carrying those Regulations into effect, observe these general principles. 2. It shall be lawful for the competent naval or military authority and any person duly authorised by him, where for the purpose of securing the public safety or the defence of the Realm it is necessary so to do — (a) to take possession of any land and to construct military works, including roads, thereon, and to remove any trees, hedges, and fences therefrom ; (a) These Regulations were amended by " The Defence of the Realm (No. 2) Regulations " printed at pp. 151-154 below, by the insertion of certain new regula- tions and otherwise. They were further amended by Order in Council of September 17th, 1914, printed at pp. 154, 155 below. The Regulations as so amended are reprinted in consolidated form in Appendix B at pp. 409-417 below. ( b) These Regulations were published in the " London Gazette " of August L3tb, 1914, being the 'ind Supplement to the Gazette of August 11th ; in the I Edinburgh Gazette " of August 15th, 1914, being a Supplement to the Gazette of August, 14th ; and in the " Dublin Gazette " of August 15th, 1914, being a Supplement to the Gazette of September 14. (c) 4 & 5 Geo. 5. c. 29, printed at p. 13 above. This Act was amended by the Defence of the Realm (No. 2) Act, 1914 (4 & 5 Geo. 5. c. G3), printed at pp. 22, 23 above which extended the power of making regulations. Section 1 of the first Act as so amended is reprinted in consolidated form in Appendix B at pp. 109-417 below. Defence of the Realm Regulations, 1914. 147 \fj) to take possession of any buildings or other property, including works for the supply of gas, electricity, or water, and of any source- of water supply ; {<:) to take such steps as may be necessary tor placing any buildings or structures in a state of defence ; id) to cause any buildings or structures to he destroyed, or any property to he moved from one place to another, or to be destroy ed ; (e) To do any other act involving interference with private rights of property which is necessary for the purpose aforesaid. :S. The competent naval or military authority and any person duly authorised by him shall have right of access to any land or buildings, or other property whatsoever. 4. The competent naval or military authority may by order require all vehicles, boats, and vessels, and all forms of equipment and warlike stores, within any area specified in the order to be removed from that area within such time as may be so specified, or in the case of military stores incapable of removal to be destroyed, and if the owners thereof fail to comply with the requisition, the competent naval or military authority may himself cause them to be removed or in the case of military stores destroyed. 5. Where the competent naval or military authority so orders, all persons residing- or owning- or occupying land, houses, or other premises within such area as may be specified in the order, shall furnish within such time as may be so specified, a list of all or any animals, vehicles, boats, vessels, and warlike stores which may be in their possession or custody within the specified area, stating their nature and quantity, and the place in which they are severally situated, and giving any other details that may reasonably be required. o\ The competent naval or military authority may by order require the inhabitants to leave any area (specified in the order) within or in the neighbourhood of a defended harbour if the removal of persons from that area is necessary for naval or military reasons. 7. The competent naval or military authority may by order require all premises licensed for the sale of intoxicating liquor within or in the neighbourhood of any defended harbour to be closed except (luring such hours ;i> may he specified in the order. 8. No person shall obstruct or otherwise interfere with or impede, or withhold any information in his possession, which he may reasonably be required to furnish, from any officer or other person who is carrying out the orders of the competent naval or military authority, or who is otherwise acting in accordance with •his duty under these regulations. 9. No person shall trespass on any railway, or loiter under or near any bridge, viaduct, or culvert, over which a railway passes. 10. If any person knows that any other person has without law- ful authority in his possession or custody, or under his control, any firearms or ammunition (other than shot guns and ammunition for them), dynamite, or other explosives, it shall be his duty to inform the competent naval or military authority of the tact. • r »750 K -' 148 Defence oj the Realm Regulations, 1914. 11. The competent naval or military authority shall publish notice of any order made by him in pursuance of these regulations in such manner as he may consider best adapted for informing' persons affected by the order, and no person shall without lawful authority deface or otherwise tamper with any notice posted up in pursuance of these Herniations. 12. If the competent naval or military authority has reason to suspect that any house, building, land, ship, vessel, or other premises are being used for any purpose or in any way prejudicial to the public safety or the defence of the Realm, the authority, or any person duly authorised by him, may enter, if need be by force, the house, building, land, ship, vessel, or premises at any time of the day or night, and examine, search, and inspect the same or any part thereof, and may seize anything found therein which he has reason to suspect is being used or intended to be used for auv such purpose as aforesaid. 13. Any police constable, officer of customs, or any other person authorised for the purpose by the competent naval or military authority, may arrest without warrant any person whose behaviour is of such a nature as to give reasonable grounds for suspecting that he has acted or is acting or is about to act in a manner prejudicial to the public safety or the safety of the Realm, or upon whom may be found any article, book, letter, or other document, the possession of which gives grounds for such a suspicion, or who is suspected of having committed an offence against these Regulations. Any person so arrested shall, if he is to be tried by court-martial, be handed over to or kept in military custody, and in other cases shall be detained until he can be dealt with in the ordinary course of law, and whilst so detained shall be deemed to be in legal custody. No person shall assist or connive at the escape of any person who may be in custody under this Regulation, or knowingly harbour or assist any person who has escaped. Part II. Regulations specially designed to prevent persons communicating with the enemy and obtaining information for disloyal purposes, and to secure the safety of means of communication and of railways^ docks, and harbours. 14. No person shall without lawful authority publish or communi- cate any information with respect to the movement or disposition of any of the forces, ships, or war materials of His Majesty or any of His Majesty's allies, or with respect to the plans of any naval or military operations by any such forces or ships, or with respect to any works or measures undertaken for or connected with the fortifi- cation or defence of any place, if the information is such as is- calculated to be or might be directly or indirectly useful to the enemy. 15. No person shall without the permission of the competent naval or military authority make any photograph, sketch, plan,, model, or other representation of any naval or military work, or of any dock or harbour work in or in connection with a defended Defence of the Realm Regulations, 1914. harbour, and no person in the vicinity of any such work shall with- out lawful authority have in his possession any photographic or other apparatus or other material or thing suitable for use in making any such representation. For the purpose of this Regulation the expression "harbour work" includes lights, buoys, beacons, marks, and other things for the purpose of facilitating navigation in or into ;> harbour. 16. No person without lawful authority shall injure, or tamper or interfere with, any wire or other apparatus for transmitting tele- graphic or telephonic messages, or anj apparatus or contrivance intended Eor or capable of being used lor n signalling apparatus, either visual or otherwise, or prevent or obstruct or in an\ manner whatsoever interfere with the sending, conveyance or delivery of any communication by mean- of telegraph, telephone, or otherwise, or shall be in possession of any apparatus capable of being used for tapping messages sent by wireless telegraphy or otherwise. 17. No person shall with the intent of eliciting information for the purpose of communicating it to the enemy or for any purpose calculated to assist the enemy, give or sell to a member of any of His Majesty's forces any intoxicating Kipior : and no person shall give or sell to a member of any of His Majesty's forces employed in the defence of any railway, dock, or harbour any intoxicating liquor when not on duty, with intent to make him drunk, or when on sentry or other duty, either with or without any such intent. 18. No person shall do any injury to any railway, or be upon any railway, or under or near any bridge, viaduct, or culvert over which a railway passes with intent to do injury thereto. 19. No person shall by the discharge of firearms or otherwise endanger the safety of any member of any of His Majesty's Forces travelling on or guarding any railway. 20. No person, without the permission of the competent naval or military authority, shall in the vicinity of any railway or of any \ an officer authorised to convene such description of court-martial within the limits of whose command the offender may for the time being be : but nothing in this Regulation shall be construed as authorising a district court-martial to impose a sentence of penal servitude Any person tried by court-martial under these Regulations shall, for the purposes of the provisions of the Army Act relating to offences, be treated as if he belonged to the unit in whose charge he may be : but no such person shall be liable to summary punishment by a commanding officer. Defence of the Realm Regulations^ 1914. I 51 Part III. Supplt mental. 28. The powers conferred by these Regulations are in addition to and nol in derogation of any powers ex n iseable by members oi Bis Majesty's naval and military forces and other persons to take such steps as may be oecessarj Eor securing the public sa ind the defence of the Realm, and the Liability of any person to trial and punishmenl Eor any offence or war crime otherwise than in accordance h ith these Regulations. 29. For the purposes of these Regulations the expression "competenl oaval or military authority " means any commissioned officer of Bis Majesty's Naval or Military Forcee, not below the rank of commander in the Navy or lieutenant-colonel in the \nny, appointed by the Admiralty or Army Council, as the case may be, to perform in any place the duties of such an authorit} . Any harbour' declared by order of the Admiralty or Army Council to be a defended harbour shall for the purposes of these Regulations be treated as such. 30. The Interpretation Act, 1889,(a) applies for the purpose of the interpretation of these Regulations in like manner as it applies for the purpose of the interpretation of an Act of Parliament. 31. These Regulation^ may be cited as the Defence of the Realm Regulations. 1914. Almeric Fitzroy. The Defence of the Realm (No. 2) Regulations, 1914. (b; 1914. No. 1307. At the ( ourt at Buckingham Palace, the l>t day of September, 1914. Preseni : The King's Most Excellent Majesty in Council. \\ hereas by an Order iu Council dated the 12th day of August, 1914, His Majesty was pleased to make Regulations (called the Defence of the Realm Regulations, 1914(C) ; under the Defence of the Realm Act. 1914, (d) for securing the public safety and the defence of the Realm : (a) 52 & 53 Vict. c. 63. . (b) The.~e Regulations were published in die " Louden Gazette of Septem- ber 1st. 1914, being the 1st Supplement to the Gazette of September 1st : in the ''Edinburgh Gazette" of September 3rd. 1914, being a Supplement to the Gazette of September 1st: and in the "Dublin Gazette" of September 4th, 1914. (c) Printed at pp. 146-151 above. id) 4 ,v- 5 Geo. 5. c. 29. This Art printed at p. 13 above, was amended by the Defence of the Realm (No. 2) Ac L914 (4 & 5 Geo. 5. c. 63) printed at pp. 20, '-'I above, which made various insertions in and additions to Bection 1 ot the first Act. That section is reprinted in consolidated form in Appendix B at p. 409 below. 152 Defence of the Realm {No. 2) Regulations. And whereas by the Defence of the Realm (No. 2) Act, 1914, (a) the power of making Regulations under the first mentioned Act was extended : And whereas it is desirable to amend the said Regulations in manner herein provided : Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that the following amendments be made in the Defence of the Realm Regulations, 1914(b) : — 1. After Regulation 3 the following Regulations shall be inserted : — "3a. The competent naval or military authority may by order authorise the use of land within such limits as may be specified in the order for the training of any part of His Majesty's naval or military forces; and may by such order confer such rights of user of the land, and provide for such temporary suspension of rights of way over roads and foot- pal lis, as are conferred and exercisable with respect to autho- rised land roads and footpaths under the Military Manoeuvres Acts. 1897 and 1911, (c) and the competent naval or military authority shall have all the powers exercisable by the Military Manoeuvres Commission under those Acts. " 3b. The restriction on the power to make byelaws under the Military Lands Acts, 1892 to 1903, imposed by the following provisions of the Military Lands Act, 1892, (d) that is to say. the proviso to subsection (1) of section fourteen, section sixteen, and subsection (1) of section seventeen of that Act, and by the following provisions of the Military Lands Act. 1900, (e) that is to say, the provisoes to subsection (2) of section two and subsection (3) of section two of that Act, are hereby suspended, and the powers of the Admiralty and the Secretary of State to make byelaws under the said Acts shall extend to the making of byelaws with respect to land of which possession has been taken under these Regulations. " 3c. The competent naval or military authority may if he considers it necessary so to do for the purposes of any work of defence or other defended military work, or of any work for which it is deemed necessary in the interests of public safety or the defence of the Realm to afford military pro- tection, stop up or divert any road or pathway over or adjoin- ing the land on which such work is situate: " Provided that where any such road or pathway is so stopped up or diverted the competent naval or military autho- rity -dial! publish notice thereof in such manner as he may consider best adapted for informing the public, and where any road or pathway is stopped up by means of any physical (a) 4 & 5 Geo. 5. c. 63. printed at pp. 20, 21 above. (b) These Regulations as amended by the (No. 2) Regulations and further amended by Order in Council of September 17th, are reprinted in Appendix B at pp. 409-417, in consolidated form. (c) 60 & 61 Vict. c. 43 and 1 & 2 Geo. 5. c. 44. (d) 55 & 56 Vict. c. 43. (e) 63 & 64 Vict, c 56. Defence of the Realm (No. ~i) Regulations. 1l>3 obstruction he shall cause lights sufficient for the warning of passengers to be se1 up every night whilst the road or path- way ia so stopped up.' ' 2. The following Regulation shall be inserted after !(• gulation 12: — "12a. An;-, police officer or any person authorised for the purpose by the competent naval or military authority mi stop any vehicle travelling along any public highway, and, if he has reason to suspect thai the vehicle is being used i- any purpose or in any way prejudicial to the public safety or the defence of the Realm, may search the vehicle and ize anything found therein which he has reason ■" lisped is being used or intended to be used for any such purpose as .it iresaid." o. At the end of Regulation 16 the following words shall be inserted : — " And no person shall in any area which may be prescribed by order of a Secretary of State(a) keep or have in his posses- sion any carrier or homing pigeons, unless he has obtained from the chief officer of police of the district a permit for the purpose (which permit may at any time be revoked), and the chief officer of police may, if he considers it necessary or expedient to do so, cause any pigeons kept in contravention of this regulation to be liberated." 4. The following Regulation shall be substituted for Regula- tion 21 : — " No person shall by word of mouth or in writing spread reports likely to cause disaffection or alarm among any of His Majesty's forces or among- the civilian population." 5. The following Regulation shall be inserted after Regulation 24: — "24a. Where the behaviour of any person is such as to give reasonable grounds for suspecting that he has acted, or is acting, or is about to act in a manner prejudicial to the public safety or the safety of the Realm, the competent naval or military authority may, by order, direct him to cease to reside in any area (specified in the order) within or in the neighbourhood of a defended harbour or proclaimed area, and any person to whom the order relates shall, within such time as may be specified in the order, leave the area specified in the order, having first reported his proposed residence to the competent naval or military authority, and shall not again reside in that area without a permit for the purpose from that authority." 6. Tn Regulation 27, after the words " for the purpose of "assisting the enemy" there shall be inserted the following (a) The Order of the Secretary of State of September 21st, 1914, which prescribed the whole of the United Kingdom as the ana within which Carrier or Homing Pigeons may not be kept without a permit, is printed at p. I 57 below. That Order superseded two Orders of September 2nd and September 10th, which are printed at p. 156 below. 154 Defence of the Realm ( No. 2) Regulations. Avoids " or in respect of any contravention of Regulation 21 if '"' the offender proves that he acted without any intention to cause " disaffection or alarm." 7. At the end of Regulation 29 the following words shall be inserted : — " The Admiralty or Army Council may authorise the com- petent naval or military authority to delegate, either uncon- ditionally or subject to such conditions as he thinks fit, all or any of their powers under these regulations to any officer qualified to be appointed a competent naval or military authority." 8. The Defence of the Realm Regulations, 1914, shall apply in respect of any area (in these Regulations referred to as " a pro- claimed area ") which may for the time being be proclaimed by the Admiralty or Army Council to be an area which it is necessary to safeguard in the interests of the training or con- centration of any of His Majesty's forces in like manner as they apply in respect of a harbour or defended harbour as the case may be, and accordingly in Regulations 6, 7, 17, 20, 22, 23 and 24 the words " or proclaimed area " shall be inserted after the word " harbour " wherever it occurs. 9. These Regulations may be cited as the Defence of the Realm (No. 2) Regulations. 1914. Aim eric FitzRoy. Order in Council amending the Defence of the Realm Regulations, 1914. (a) 1914. No. 1405. At the Court at Buckingham Palace, the 17th day of September, 1914. Present : The King's Most Excellent Majesty in Council. Whereas by an Order in Council, dated the 12th day of August, 1914, His Majesty was pleased to make Regulations (called the Defence of the Realm Regulations, 1914(b)), under the Defence of the Realm Act, 1914, (c) for securing the public safety and the defence of the Realm : (a) This Order was published in the " London Gazette " of September 17th, 1914, being the 2nd Supplement to the Gazette of September 15th ; in the "Edinburgh Gazette" of September 19th, 1914, being a bupplement to the Gazette of September 18th ; and in the " Dublin Gazette" of September 18th, 1914. (b) Printed at pp. 146-151 above. (c) 4 & 5 Geo. 5. c. 29, printed at p. 13 above. This Act was amended by the Defence of the Kealm (No. 2) Act, 1914 (4 & 5 Geo. 5. c. 63) printed at pp. 20, 21 above, which extended the power of making regulations. Section 1 of the first Act, as so amended, is reprinted in consolidated form in Appendix B, . t p. 409 below. Defence of the Realm Regulations\AmendmenU of September 17th). And whereas H is expedient to amend Buch Regulations in manner hereinafter appearing: \(,w. therefore, Eis Majesty Is pleased, by and with the advice oi Eis Privy Council, to order, and it is herebj ordered, thai the following amendment be made in the said Regulations: 1. After Regulation T the following Regulation shall be inserted — 7a. The Secretary of State may bj order direct thai all or .iii\ Lights, or lights of any class or description, shall extinguished, or obscured in such manner and between such hours as the order directs, within any area specified in the order and during such period as maj be so specined,(a) and ii the person having control of the light Bails to comply with the order, the Secretary of State may cause the light to be extinguished or obscured as the case may be, and for that purpose any person authorised by the Secretary of State in that behalf or any police constable may enter the premis in which tin 1 light is displayed, and any other act wh i may be necessary lor the purposes. 2. After Regulation 12 the following Regulation shall be inserted : — 12a. No person shall bring into the United Kingdom mr. military arms or ammunition without the permit of the competent naval or military authority, and any pere authorised for the purpose by the competent naval or military authority, and any police constable or officer of customs, may examine, search and investigate any ship for the purpose of the enforcement of this provision, and may seize any military arms or ammunition which are being or have been brought into the United Kingdom without such permit as aforesaid. 3. The power of arrest conferred on police constables and officers of customs by Regulation 13 shall be exerciseable, and. be deemed always to have been exerciseable. without any authoriza- tion from a competent naval or military authority, and accord- ingly that regulation shall have effect as if for the words " Any police constable, officer of customs, or other person authorised for the purpose by the competent naval or military authority ' there were substituted the following words: — "Any person authorised for the purpose by the competent naval or military authority, and any police constable or officer of customs." 4. At the end of Regulation 16, the following word- shall be inserted after the words added by Regulation •"> of the Defence oi I he Realm (No. 2) Regulations. 1914: — "No person shall without 3uch permission a- aforesaid bring any carrier or homing pigeon into the United King- dom, and any police constable or officer of customs may cause any such pigeon brought into the United Kingdom in contra- vention of this Regulation to be immediately returned in the ship in which it came, or to be liberated." Almeric FitzRoy. 155 (a) The Order of the Secretary of State as to Extinguishment or < >Wura- tion of Lights is printed at pp. 157, 158 below. 156 Orders as to Carrier or Homing Pigeons. Orders made by tee Secretary of State under Regulation 5(a) of the Defence of the Realm {No. 2) Regulations prescribing the a he a within which carrier or j i "ming Pigeons may Not be Kept without a Permit. Order dated September 2, 1914.(b) In pursuance of the power conferred on me by Regulation 3 of the Defence of the Realm (No. 2) Regulations, 1914,{&) I hereby prescribe that the area within which no person may keep or have in hds possession any carrier or homing pigeon unless he has obtained from the Chief Officer of Police of the district a permit for that purpose, shall be as follows: — The North and East Ridings of Yorkshire, Lincolnshire, Norfolk, Suffolk, Essex, Cambridgeshire, Huntingdonshire, Bedfordshire, Hertfordshire, Middlesex, the County of Lon- don, Kent, Surrey, Sussex, Buckinghamshire, Berkshire, Hampshire, Wiltshire and Dorset, and shall include all boroughs situated within the aforesaid counties. R. McKerma, One of His Majesty's Principal Secretaries of State. Home Office, 2nd September, 1914. Order dated September 10, 1914.(\}) In pursuance of the power conferred on me by Regulation 3 of the Defence of the Realm (No. 2) Regulations, 1914, (a) 1 hereby prescribe that the area within which no person may keep or have in his possession any carrier or homing pigeon unless he has obtained from the Chief Officer of Police of the district a permit for that purpose, shall be extended so as to include the Count)/ of Somerset. Reginald McKenua, One of His Majesty's Principal Secretaries of State. Whitehall, 10th September, 1914. (a) This Regulation No. 3 is printed at p. 153 above, and as there provided is an addition to Regulation No. 16 of the main code of Regulations. (b) This Order is superseded by that of September 21st, printed at p. 157 below. Orders as to Carrier or Homing Pigeons. 157 Obdeb dated Septembeb 21, L914. In pursuance of the power conferred on me by Regulation 3 of the Defence of the Realm (No. 2) Regulations, 1914, ia) I hereby prescribe that the area within which no person may keep or have in his possession any carrier or homing pigeon until he has obtained from the Chief Officer of Police of the district a permit for that purpose, shall be extended so as to include the whole of the United Kingdom, (b) R. McKerma, One of His Majesty's Principal Whitehall, Secretaries of State. 21st September, 1914. Order of the Secretary of State dated October 1, 1914, under Regulation 7a of the Defence of the Realm Regula- tions,^) as to Extinguishment or Obscuration of Lights. In pursuance of the power conferred on me by Regulation 7a of the Defence of the Realm Regulations, J hereby make the following Order : — (1.) In all brightly lighted streets and squares and on bridges a portion of the lights must be extinguished so as to break up all conspicuous groups or rows of lights: and the lights which are not so extinguished must be lowered or made invisible from above by shading them or by painting over the tops and upper portions of the globes: provided thai while thick fog prevails the normal lighting of the streets may be resumed. (2.) Sky signs, illuminated facias, illuminated lettering, and powerful lights of all descriptions used for outside adver- tising or for the illumination of shop fronts, must be extinguished. (3.) The intensity of the inside lighting of shop fronts must be reduced. (4.) In tall buildings which are illuminated at night the greater part of the windows must be shrouded, but lights of moderate brightness may be left uncovered at irregular intervals. (5.) All large lighted roof areas must be covered over or the lighting intensity reduced to a minimum. (6.) The lighting of railway stations, sidings and goods yards must be reduced to the intensity sufficient for the safe con- duct of business there. Hie upper half of the globes of all arc lights must be shaded or painted over. (a) This Regulation No. 3 is printed at p. 153 above, and as there provided is an addition to Regulation No. 16 of the main code of Regulations. (b) The effect of this extension is to supersede the two previous Orders printed above. (c) This Regulation, which was made by Article 1 of the Order in Council of September 17th, is printed at p. 155 above, and as there provided may be cited as Regulation 7a of the main code of Regulations. 158 Order as to Extinguishment or Obscuration of Lights. 7.) Lights along- the water front must be masked to prevent as far as practicable the reflection of the light upon the water. <8.) The lights of trams and omnibuses must not be more than is sufficient to enable fares to be collected, and must be obscured while crossing bridges. <9.) The use of powerful headlights on motor cars is prohibited. (10.) The aggregation of flares in street markets or elsewhere is prohibited. (11.) In case of sudden emergency all instructions given by the Admiralty, or by the Commissioner of Police on the advice of the Admiralty, as to the further reduction or extinction of lights, shall be immediately obeyed. Fli is Order shall apply to the City of London and the whole of The Metropolitan Police District, and to the hours between sunset ;hm1 sunrise, and it shall be in force for one month from this date unit"-- sooner revoked. R. McKenna, One of His Majesty's Principal Whitehall, Secretaries of State, lsf October. 1914. DISEASES OF ANIMALS. Order of the Board of Agriculture and Fisheries, dated August 6, 1914, suspending the operation of certain Orders, (a) 1914. No. 1215. (b) The Board of Agriculture and Fisheries, by virtue and in exercise of the powers vested in them under the Diseases of Animals Acts, 1894 to 1911, and of every other power enabling them in this behalf, do order, and it is hereby ordered, as follows : — The operation of the Orders described in the Schedule hereto is hereby suspended, until it is otherwise ordered by the Board, to the extent mentioned in the third column of such Schedule : Provided that such suspension shall not — (l) affect the previous operation of any such Order or any- thing duly done or suffered under any such Order ; or (ii) affect any right, privilege, obligation or liability acquired, accrued, or incurred under any such Order; or (in) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any such Order : or (a) This Order (of which the Departmental Number is 9198) was published in the " London Gazette " of August 7th, 1914. (b) Statutory Rules and Orders under the Diseases of Animals Acts are not printed and put on sale as such, but copies can be obtained at the Board of Agriculture and Fisheries, 4, Whitehall Place, London, S.W. Diseases of Animals. 159 (iv) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability. penalty, forfeiture, or punishment as aforesaid: and any such investigation, legal proceeding, or remedy may be instituted, continued, or enforced, and any auch penalty, for- feiture, or punishment may be imposed, as if tlii< Order had no1 been made. In witness whereof the Board of Agriculture and Fisheries have hereunto set their Official Seal this >i\Ui day of August, nineteen hundred and fourteen. .4. IF. Anstruther, Assistant Secretary. SCHEDULK Orders Suspend i d. Date. Short Title. Extent of Suspension. 23rd June, 1914 ... 22 nd November, 1911. 18th February, 1907. 9th April, 1908 ... 30th July, 1908 ... 19th April. 1909... 24th March, 1908 27th May, 1909 ... 21st April, 1911 ... 9tb June. 1914 ... 3rd June 1909 ... •9th June, 1914 ... 5th May, 1910 ... 29th June, 1910 ... 9th June. 1914 ... Tuberculosis Order of 1914 Parasitic Mange Order of 1911 Sheep - Dipping (Scotland and North of England) Order of L907. Sheep-Dipping (England) Order of 1908. Sheep-Dipping (England) Order of 1908 (No. 2). Dartmoor and District. (Sheep- Dipping) Order of 1909. Sheep-Dipping (South Wales and Monmouth) Order of 1908. Sheep-Scab (Denbighshire, Flint- shire and Montgomeryshire) Order of 1909. Sheep-Scab (Denbighshire, Flint- shire, Merionethshire. and Montgomeryshire) Order of L9] L. SI p-Scab (Denbighshire, Flint- shire, Merionethshire, and Montgomeryshire) Order of L91 1. Sheep-Scab (Anglesey) Order of 1909. Sheep-Scab (Anglesey) Older of 1914. Sheep-Scab (Carnarvonshire i < >rder of 1910. Sheep-Scab (Carnarvonshin (Order of 1910 (No. 2). Sheep-Scab I Carnarvonshir» i Order of 1914. The whole Order. The whole ( >r,|, i tcepl Article 7 | Prohibition to expose or move Animals affected with Parasitic Mange)]. The svhole Order. The w hole Order. The whole Ordi r. The whole Order. The whole Order. The whole Order. The whole Order. The whole ()| del . The \\ hole Ord' r. The whole Order. The whole Order. The v>liole Order. The whole Ord. i. 160 Exportation of Warlike Stores, Provisions and Victual. EXPORTATION OF WARLIKE STORES, PROVISIONS, AND VICTUAL. Proclamation, dated August 3, 1914, under section 8 of the Customs and Inland Revenue Act, 1879 (42 & 43 Vict. c. 21), Prohibiting the Exportation from the United Kingdom of certain Warlike Stores. (a) (b) 1914. No. 1166. By the King. A Proclamation prohibiting, under Section 8 of " The Customs and Inland Revenue Act, 1879," the Exportation from the United Kingdom of certain Warlike Stores. George R.I. Whereas by the 8th Section of " The Customs and Inland Revenue Act, 1879," it is enacted that We may by Proclamation or Order in Council prohibit the exportation of arms, ammunition, and gunpowder, military and naval stores, and any articles which W T e shall judge capable of being converted into or made useful in increasing the quantity of military or naval stores, provisions, or any sort of victual which may be used as food for men : And whereas We, by and with the advice of Our Privy Council, deem it expedient and necessary that We should exercise such power of prohibition in manner hereinafter appearing : Now, We, by and with the advice aforesaid, do hereby order and direct that from and after the date hereof the following goods, being articles which We have judged capable of being converted into or made useful in increasing the quantity of military or naval stores, that is to say : — Acetone ; Aeroplanes, airships, balloons, of all kinds, and their com- ponent parts ; (a) By Proclamations of August 5th, 10th and 20th, printed at pp. 164-170 below, and by Orders of Council of August '28th and September 1st, 8th, 11th and 25th, and October 6th, printed at pp. 170-176 below, and at p. 520 in the Supplement, the list of prohibitions was altered. A list of Goods Prohibited to be exported from the United Kingdom is printed in Appendix A at p. 403 below. (bj This Proclamation was published in the "London Gazette " of August 3rd, 1914, being the 4th Supplement to the Gazette of July 31st ; in the " Edinburgh Gazette" of August 4th, 1914 ; and in the "Dublin Gazette" of August 4th, 1914, being the 1st Supplement to the Gazette of August 4th. Exportation of Warlike Stores, Provisions and I ictual. L61 Animals, pack, saddle, and draught, suitable Hoi use in war; Ai in >, rifled, of all kinds, and their component parts; Benzol ; Carbons required for searchlights; Chrome and f erro-chrome ; Cloth, hempen ; Cartridges, charges, of all kinds, and their componenl parts; Copper, ore or unwrought, all kind- : Cotton suitable for use in the manufacture of explosives; Cotton waste; Creosote ; Dimethylaniline ; Engines and lorries, internal combustion, capable of carrying a load of 25 cwt. and upwards, whole or in part- : Fulminate of mercury; Gunpowder ; Nets, torpedo: Nickel and f erro-nickel ; Oil, blast furnace; Oil . coal tar ; Oil fuel, shale; Oil, olive ; Oil, mineral, lubricating; Petroleum, fuel oil; Petroleum, gas oil ; Petroleum, spirit or motor spirit (including Shell spirit): Projectiles of all kinds and their component parts: Sacks, coal : Silk cloth, silk braid, silk thread, suitable for cartridges: Silk noils ; Surgical bandages and dressings: Toluol : Zinc : shall be, and the same are hereby prohibited to be exported from the United Kingdom. Given at Our Court at Buckingham Palace, this Third day of August, in the year of our Lord One thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the Kino-. :> , .".>> 1.62 Exportation of Warlike Stores, Provisions and Virtual. Proclamation, dated August 5, 1914, under section 1 of the Exportation of Arms Act, 1900 (63 & 64 Vict., c. 44), Prohibiting the Exportation from the United Kingdom of Warlike Stores to certain Countries. ( a )(*>) 1914. No. 1169. By the King. A Proclamation prohibiting under Section One of ' ' The Exporta- tion of Arms Act, 1900," the Exportation from the United Kingdom of AVarlike Stores to certain Countries. George R.I . Whereas by the first section of " The Exportation of Arms Act, 1900," it is enacted that We may by Proclamation prohibit the exportation of arms, ammunition, military or naval stores and any article which We shall judge capable of being converted into or made useful in increasing the quantity of arms, ammuni- tion, or military or naval stores, to any country or place therein named, whenever We shall judge such prohibition to be expedient in order to prevent such arms, ammunition, military or naval stores being used against Our subjects or forces, or against any forces engaged or which may be engaged in military or naval operations in co-operation with Our forces : And whereas We, by and with the advice of Our Privy Council, judge it expedient to prohibit the exportation of the articles here- inafter mentioned in order to prevent their being used as in the said Act stated : Xow, We, by and with the advice aforesaid, do hereby from and after the date hereof prohibit the exportation to all foreign ports in Europe and on the Mediterranean and Black Sea, with the exception of those of France, Russia (except the Baltic ports), Spain and Portugal of the following articles, being articles which We have judged capable of being converted into or made useful iq increasing the quantity of arms, ammunition, or military or naval stores, that is to say : — Aluminium. Aluminium alloys. Armour plates, armour quality castings, and similar pro- tective material. Asbestos. Cables, telegraph and telephone. Camp equipment, articles of. Cannon and other ordnance, and parts thereof. Carbolic acid. (a) By Proclamation of August 20th, printed at p. 1G8 below, and by Orders of Council printed at pp. 172, 175, and 520 below, the list of prohibitions on exportation to particular countries was altered. A list of goods prohibited to be exported to particular countries is printed in Appendix A II at the end of this Manual. (b) This Proclamation was published in the " London Gazette " of August 5th, 1914, being the 2nd Supplement to the Gazette of August 4th ; in the " Edinburgh Gazette" of August 7th, 1914 ; and in the " Dublin Gazette " of August 0th, 1914, being the 3rd Supplement to the Gazette of August 4th. Exportation of Warlike Stores, Provisions and Victual. 163 Carriages and mountings for cannon and other ordnance and for machine guns, and parts thereof. Coal, steam, large. Compasses and parts thereof, including fittings, such as binnacles. Cresol and nil ro-cresol. Kngine and boiler parking. Explosives of all kinds. Fuel manufactured. Implements and apparatus designed exclusively for the manu- facture of munitions of war, for the manufacture or repair of aims, or of war material for use on land and sea. India rubber sheet, vulcanised. Manganese. Mercury. Mica. Mineral jellies. Mines, and parts thereof. Molybdenum. Nitrates of ammonium. Nitrates of potassium. Nitrates of sodium. Nitro-toluol. Nitric acid. Picric acid and its components. Range-finders and parts thereof. Rope, steel wire, and hawsers. Saltpetre. Sounding machines and gear. Steam vessels, lighters, and barges of all descriptions. Sulphur. Sulphuric acid. Swords, bayonets, and other arms (not being fire-arms), and parts thereof. Tin. Tin plates. Torpedo tubes. Torpedoes and parts thereof. Tungsten. Vanadium. 4-wheeled wagons, capable of carrying 1 ton and over. "J-\\ heeled calls, capable of carrying 15 cwt. and over. Harness and sadlery of all kinds. Barbed wire. Horse and pony shoes. Material for telegraphs, wireless telegraphs, and telephones. Field glasses and telescopes. Railway material, both fixed and rolling stock. 'den's marching and shooting boots. Heliographs. Portable forges. Farriers', carpenters', wheelers', and saddlers' tools. Glycerine. 5750 L 2 164. Exportation of Warlike Stores, Provisions and Victual. Alcohol, as covering rectified spirits. Uniform clothing and military equipment. Accoutrements. Walnut wood of scantling which could be made into rifle butts and fore-ends. Given at Our Court at Buckingham Palace, this Fifth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. Proclamation, dated August 5, 1914, under section 8 of the Customs and Inland Revenue Act, 1879 (42 & 43 V. c. 21), Prohibiting the Exportation from the United Kingdom of certain Warlike Stores, Provisions, and Victual. (a) (b) 1914. No. 1167. By the King. A Proclamation prohibiting, under Section 8 of " The Customs and Inland Revenue Act, 1879," the Exportation from the United Kingdom of certain Warlike Stores, Provisions, and Victual. George R.I. Whereas by the 8th Section of " The Customs and Inland Revenue Act, 1879," it is enacted that We may, by Proclamation or Order in Council, prohibit the exportation of, amongst other things, any articles which We shall judge capable of being converted into or made useful in increasing the quantity of military or naval stores, provisions, or any sort of victual which may be used as food for men : And whereas We, by and with the advice of Our Privy Council, deem it expedient and necessary that We should exercise such. power of prohibition in manner hereinafter appearing: Now, We, by and with the advice aforesaid, do hereby order and direct that from and after the date hereof the following goods, being articles which We have judged capable of being (a) This Proclamation was varied by Proclamations of August 10th and 20th and by Order of Council of August 28th and September 8th and 25th, printed at pp. 165-170, 175 below. (b) This Proclamation was published in the " London Gazette " of August 5th, 1914, being the 2nd Supplement to the Gazette of August 4th ; in the " Edinburgh Gazette" of August 7th. 1914 ; and in the "Dublin Gazette" of August 7th, 1914. Exportation of Warlike Stores, Provisions and Victual. 165 converted into or made useful in increasing the quantity oi military or naval stores, that is to say: — Forage and food of all kinds for animals, And also provisions and victual of all sorts which ma\ be used us food for men, shall be, and the same an- hereby prohibited to be exported from the United Kingdom. Given at Our Court at Buckingham Palace, this Fifth day of August, in the year of our Lord One thousand nine hundred and fourteen, and in the Fifth year of Our Reio U . God save the Kinp\ Pkoclamation, dated August 10, 1914, under section 8 of the Customs and Inland Eevenue Act, 1879 (42 & 43 Vict. c. 21), Prohibiting the Exportation from the United Kingdom of certain Warlike Stores, Provisions, and Victual, (a) (b) 1914. No. 1168. By the King. A Proclamation prohibiting, under Section 8 of The Customs and Inland Revenue Act, 1879," the Exportation from the United Kingdom of certain Warlike Stores, Provisions, and Victual. George K.I. Whereas by the 8th Section of " The Customs and Inland Revenue Act, 1879," it is enacted that We may, by Proclamation or Order in Council, prohibit the exportation of, amongst other things, any articles which We shall judge capable of being con- verted into or made useful in increasing the quantity of military or naval stores, provisions, or any sort of victual which may be used as food for men : And whereas by Our Proclamation dated the -'3rd August, 1914,(c) effect was given to the provisions of the above-recited sec- tion of the said Act of Parliament as regards the exportation of any articles which We judge capable of being converted into or made useful in increasing the quantity of military or naval stores by the prohibition of the exportation from the United Kingdom of (a) This Proclamation was modified by Proclamation of August "20th, printed at pp. 168-170 below, and by Orders of Council of August 28th and September 8th printed at pp. 170 and 172 below. (b) This Proclamation was published in the " London Gazette '_ of August 10th, 1914, being the 2nd Supplement to the Gazette of August 7th ; in the " Edinburgh Gazette " of August 11th, 1914; and in the " Dublin Gazette " of August 11th, 1914. (c) Printed at p. 160 above. 166 Exportation of Warlike Stares. Provisions and Victual. certain military and naval stores as therein more particularly set forth : And whereas by Our further Proclamation dated the 5th Augusl . 1914. (a) further effect was given to Our said Proclamation of the 3rd August, 1914, by the prohibition of the exportation from the United Kingdom of " Forage and food of all kinds for animals " : Ami whereas by Our said further Proclamation, dated the 5th August, 1914, (a) AVe, in further exercise of the power conferred by the above-recited section of the above Act of Parliament, did prohibit the exportation from the United Kingdom of " pro- visions and victual of all sorts which may be used as food for men " : And whereas, AVe, by and with the advice of Our Privy Council, deem it expedient that certain additions should be made to the list of articles comprised in Our said Proclamations, dated respectively the 3rd August, 1914, and the 5th August, 1914, so far as relates to articles which AVe have judged capable of being- converted into or made useful in increasing the quantity of military or naval stores: And whereas, We, by and with the advice of Our Privy Council, do also deem it expedient more exactly to define what is prohibited to be exported hy Our Proclamation dated the 5th August. 1914, under the terms " provisions and victual of all sorts which may be used as food for men " : Now, AVe, by and with the advice aforesaid, do hereby order and direct that from and after the date hereof, the following additional goods, being articles which AVe have judged capable of being converted into or made useful in increasing the quantity of military or naval stores, that is to say : — Glycerine, crude and refined, Lead in all forms, Saltpetre, Xitrate of sodium, Guncotton, Carbolic acid, Alcohols, ethylic, Alcohols, methylic, Alkaline, iodides, Belladonna and its preparations and alkaloids, Bismuth and its salts, Boric acid. Bromine and alkaline bromides, Castor oil, Chloroform . Cinchona bark, quinine and its salts, Coca and its preparations and alkaloids, Collodion . Corrosive sublimate, Cresol and ;ill preparations thereof (including cresylic acid) and nitro-cresol, (a) Printed at p. 164 above. Exportation of Warlike Stores, Provisions and Victual. Digitalis and its preparations. Ether, Ethyl chloride, Formic aldehyde, Henbane and its preparations. Iodine and its preparations, Lysol, Mercury, and it- salts and preparations, Morphia and other alkaloids of opium, \u\ vomica and its alkaloids and preparations, Opium and its preparations, Paraffin, soft, Protagol, Salicylic acid and salicylates, Salvarsan, All fine chemicals, shall be and the same are hereby prohibited to be exported from the United Kingdom : And, We, by and with the advice aforesaid, do hereby also order and direct that the terms " provisions and victual of all sorts which may be used as food for men " which by Our said further Proclamation dated the 5th August, 1914, We prohibited to be exported, shall mean and include: — Corn, grain, rice, pulse, meal and flour of all kinds, Animals, living, for food, Meat of all kinds (including poultry and game), fresh, chilled, frozen, salted, or in any way preserved, Bread, Biscuits and cakes, Butter, Margarine, ( heese, Eggs, Fish, fresh, cured, dried or salted (but not including pickled"). Fruit, dried or otherwise preserved, without sugar, all kind-. Sugar, unrefined, Sugar, refined and candy, Grlucose, Molasses and invert sugar, Confectionery of all kinds, including marmalade, jams and fruit jellies. Milk, condensed, sweetened or not, Tea. other than green tea, Vegetables. Given at Our Court at Buckingham Palace, this Tenth day of August, in the year of Our Lord, One thousand nine hundred and fourteen, and in the Fifth year Our Reign. God save the King. 168 Exportation of Warlike Stores, Provisions and Victual. Proclamation, dated August 20, 1914, modifying the Pro- < I.AMATIOXS OF THE 3RD, 5TH, AND IOtII OF AUGUST, 1914, UNDEB SE< TIDN 8 OF THE CUSTOMS AND INLAND REVENUE Act, 1879 (42 & 43 Vict., c. 21) and section 1 of the Exporta- tion of Arms Act, 1900 (63 & 64 Yict. c. 44) relating to the Exportation of certain Warlike Stores, Provisions and Victual. (a) (b) 1914. No. 1259. By the King. A Proclamation modifying the Proclamations of the 3rd,(c) the 5th, (d) and the 10th August, 1914,(e) relating to the Expor- tation of certain Warlike Stores, Provisions and Victual. George R.I. Whereas by the 8th Section of " The Customs and Inland Revenue Act, 1879," it is enacted that We may, by Proclamation or Order in Council, prohibit the exportation of arms, ammuni- tion and gunpowder, military and naval stores, and any articles which We shall judge capable of being converted into or made useful in increasing the quantity of military or naval stores, pro- visions, or any sort of victual, which may be used as food for men : And whereas by the first section of " The Exportation of Arms Act, 1900," it is enacted that We may, by Proclamation, prohibit the exportation of arms, ammunition, military or naval stores, and any article which We shall judge capable of being converted into or made useful in increasing the quantity of arms, ammuni- tion, or military or naval stores, to any country or place therein named, whenever We shall judge such prohibition to be expe- dient in order to prevent such arms, ammunition, military or naval stores, being used against Our subjects or forces, or against any forces engaged or which may be engaged in military or naval operations in co-operation with Our forces : And whereas bv Our Proclamations dated the 3rd August, 1914, the 5th August, 1914, and the 10th August, 1914, effect was given to the provisions of the above recited sections of the said Acts of Parliament by the prohibition of the exportation from the United Kingdom of certain military and naval stores and other articles as therein set forth : And whereas We, by and with the advice of Our Privy Council, now deem it expedient that the exportation of the articles men- tioned in that one of Our Proclamations dated the 5th August, (a) This Proclamation was modified by the Orders of Council of August 28th and September 1st, printed at pp. 170 and 171 below. (b) This Older was published in the "London Gazette" of August 20th, 1914, being a Supplement to the Gazette of August 18th ; in the "Edinburgh Gazette " of August 21st, 1914 : and in the " Dublin Gazette " of August 21st, 1914 (c) Printed at p. 100 above. (d) Printed at pp. 162, 164 above. (e) Printed at p. 165 above. Exportation of Warlike Stores, I'm,-,,,*,!,* and Virtual. 169 1914 HK.de under the first section of " The Exportation oi Arms Act, L900," shall no longer be prohibited to the Ports of Belgium, and also thai the Lists of articles oi which the exportation is prohibited in the said Proclamation dated the 3rd August, L91 1. in the said Proclamation dated the 5th August, L914, made under the first section of "The Exportation of Arm. Act, L900," and in the said Proclamation dated the LOth August, 1904, shall be modified, both by way of addition to and deletion from ili«- li-t- of articles therein mentioned: Now, We, by and with the advice aforesaid, do hereby order and direci that from and after the dale hereof the prohibitions published in the aforesaid Proclamations shall be read as subject to tlif modifications shown in the First Schedule hereunto appended, and that from and after the 30th August, 1914, the said prohibitions shall be read as subject also to the further modi- fications shown in the Second Schedule hereunto appended. First Schedule — To take effect forthwith. Proclamation of the 5tli August, 1914. — List of Articles of which the exportation is prohibited from the United Kingdom to all foreign ports in Europe and on the Mediterranean and Black Sea. with the exception of those of France, Russia (except the Baltic Ports), Spain and Portugal. Add to the list of Ports excepted from the prohibition: — The ports of Belgium. Delete from the list of articles : — Coal, steam, large; Fuel, manufactured; .Nitrates of sodium ; Tin plates. Proclamation of the 10th August, 1914. — List of Articles of which the exportation is prohibited from the Ignited Kingdom. Delete from the list of articles : — Lead in all forms. Add to the list of articles : Lead, pig, sheet or pipe. Substitute for the list of provisions and actual which may be used as food for men prohibited to be exported the following list :— Wheat and wheat flour; Barley and oats; Animals, living, for food ; Butter ; Margarine ; Cheese ; Eggs ; Sugar, unrefined ; Sugar, refined and candy ; Molasses and invert sugar; Jams and marmalades; Milk, condensed, sweetened or not. 170 Exportation of Warlike Stores, Provisions and Victual. Second Schedule — To take effect from the •'!<)/// August, 1914. Proclamation of the 3rd August, 1014. — List of Articles of which the exportation is prohibited from the United Kingdom. Delete from the list of articles : — Creosote. Engines and lorries, internal combustion, capable of carry- ing a load of 25 cwt. and upwards, whole or in parts. Given at Our Court at Buckingham Palace, this Twentieth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Eeign. God Save The King. Order of Council under section 2 of the Customs (Exporta- tion Prohibition) Act, 1914 (4 & 5 Geo. 5. c. 64), with- drawing certain Prohibitions on the Exportation of Provisions and Victual to Colonies, &c(a) 1914. Xo. 1303. At the Council Chamber, Whitehall, the 28th day of August, 1914. 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, (b) as amended by the Act now in recital, may. whilst a state n] 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 there was this day read at the Board a recommen- dation from the Board of Trade to the effect : — That an Order should be issued withdrawing, in respect of His Majesty's Dominions, Colonies not possessing responsible Government, British India, Territories under His Majesty's Protection, Cyprus, the Channel Islands, and Egypt, the prohibitions established by His Majesty's Proclamations of the 5th,(c) L0th,(d) and 20th (e) August, 1914, on the expor- tation from the United Kingdom of the articles specified in the Lis! of provisions and victual contained in {he last- mentioned Proclamal ion : (a) This Order was published in the "London Gazette" of August 28th 191 I. being the 1st Supplement to the Gazette of August 28th ; in the " Edin- burgh Gazette "of August 31st, 1914, being a Supplement to the Gazette of August 28th ; and in the " Dublin Gazette " of September 1st, 1914. (b) 42 & 43 Vict. c. 21. ( c ) Printed at p. 1 64 above. (d) Printed at p. 165 above. (e) Printed at p. 1G8 above. Exportation of Warlike Stores, Provisions and Victual. 171 .\]>r<>\ ed : Whereof the Commissioners of His Majesty's Customs and Excise, and all other persons whom ii may concern, are to take notice and govern themselves accordingly. . 1 Imeric FitzRoy. Order of Council qndeb sectiok 2 or the Ci stoms (Expoeta- riOM Prohibition) Act, 1914 (4 & 5 Geo. 5. c. 64), wnii- DRAWING THE PrOHIBITIOK o\ THE EXPORTATION FROM Mil United Kingdom of Jams, Marmalades and Condensed MiLK.(a) 1014. No. 1308. At the Council Chamber, Whitehall, the 1st day of September, 1914. By the Lords of His Majesty's Most Honourable Privy Council. Whereas it is provided by Section 2 of the Customs (Exporta- tion Prohibition) Act, 1914, that any Proclamation or Order in Council made under Section 8 of the Customs and Inland Revenue Act, 1879, (b) 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 there was this day read at the Board a recom- mendation from the Board of Trade to the effect — That an Order should be issued withdrawing tin' prohibition on the exportation from the United Kingdom of Jams and Marmalades and of Condensed Milk, sweetened or not. established by his Majesty's Proclamation, dated the 20th August, 1914(e): Now, therefore, Their Lordships, having taken the said recom- mendation 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, and all other persons whom it may concern, are to take nut ice and govern themselves accordingly. . 1 J m, ru- FitzRoy. (a) This Order was published in the " London Gazette" of September 1st 1914. being the 1st Supplement to the (oizette of September 1st : in the "Edinburgh Gazette" of September 3rd, L914, being a Supplement to the Gazette of September 1st; and in the "Dublin Gazette" of September 4th. 1914. (10 42 & 43 Vict. c. 21. (c) Printed at p. 168 above. 172 Exportation of Warlike Stores, Provisions and Victual. Order of Council under section 2 of the Customs (Exporta- tion Prohibition) Act, 1914 (4 & 5 Geo. 5, c. 64) varying Proclamations Prohibiting the Exportation of various Articles. (a) (b) 1914. Xo. 1334. At the Council Chamber, Whitehall, the 8th day of September, 1914. By the Lords of His Majesty's Most Honourable Privy Council. Whereas it is provided by Section 2 of the Customs (Exporta- tion Prohibition) Act, 1914, that any Proclamation or Order in Council made under Section 8 of the Customs and Inland Revenue Act, 1879, (c) 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 there was this day read at the Board a recom- mendation from the Board of Trade in the following words: — (1) That the heading " Cartridges, charges, of all kinds, and their component parts," in His Majesty's Proclama- tion, dated the 3rd August, 1914, (d) should read "Cartridges, charges, of " all kinds, and their com- ponent parts, other than sporting cartridges, charges, and their component parts." (2) That there should be deleted from the list of articles included in His Majesty's Proclamation, dated the 5th August, 1914 (e)— Field-glasses and telescopes, Tin, Tungsten, Xitro-toluol. (3) That there should be deleted from the list of articles included in His Majestv's Proclamation, dated the 10th August, .1914 (f)— ' Castor oil, Boric acid, Digitalis and its preparations, All fine chemicals. (4) That the heading "Manganese" in the Proclamation, dated the 5th August, 1914, should read — Manganese, including ferro-manganese. (a) This Order was modified by the Orders of Council of September 25th printed at p. 175 below, and October Gth printed in the Supplement at p. 520. (b) This Order was published in the " London Gazette " of September 8th, 1914 ; in the " Edinburgh Gazette " of September 10th, 1914, being a Supple- ment to the Gazette of September 8th ; and in the " Dublin Gazette " of September 11th, 1914. (c) 42 &43 Yict. c. 21. (d) Printed at p. 160 above. (e) Printed at p. 162 above. (f ) Printed at p. 105 above. Exportation of Warlike Stores, Provisions and I ictual. 173 (5) That the exportation of— Iron ore, Jfaw rubber, Bladders, casings, and sausagi skins, Castor oil, should be prohibited to al] foreign ports in Europe and on the Mediterranean and Black Seas other than those of Russia (excepi Baltic Ports), Belgium, France, Spain, and Portugal. (6) That there should be added to the list o\ prohibitions to all destinations contained in former Proclamations — Field-glasses aud telescope-. Tungsten, Wolfram ore, Nitro-toluol. Acetanilide, Acetylsalicylic acid (aspirin) and salicin, Aconite and its prei)aratious and alkaloids, Adreniu, adrenalin, aud its preparations, Ammonium sulphocyanide, Antipyrine (pheuazone), Balsam of Peru, Beuzoic acid (synthetic) and benzoates, Cantharides and its preparations, Chloral and its preparations, including chloramid, Chrysarobin, Citrate of magnesia. Citric acid, alkaline citrates and calcium citrate, Coal tar products for use in dye manufacture, Diethylbarbiturie acid (veronal) and veronal sodium, Dulcite, Dyes and dyestuft's obtained from coal tar, Emetin hydroehlor, Eucaine hydroehlor. Ergot of rye and its preparations and aLkaloids, Gentian and its preparations, Glacial acetic acid, Hexamethylene tetramin (urotropin) and its preparations, Hydrobromic acid, Hydroquinone, Mannite, Neo-salvarsan, Novocain , Oil of turpentine, Paraldehyde, Paraffin, liquid, medicinal. Pastilles, jujubes, lozenges and cachous generally containing prohibited ingredients, "Peptone Witte," Phenacetin, Pilocarpine salts. 174 Exportation of Warlike Stores, Provisions and Victual. Potassium and its salts and preparations (includ- ing bichromate and prussiate of potash), Pyrogallic acid, Saccharin (including " saxin "), Santonin and its preparations, Sulphonal, Sulphate of zinc, Tartaric acid and alkaline tartrates, Thymol and its preparations, Trional. Now, therefore, their Lordships, having - taken the said recom- mendation 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, and all other persons whom it may concern, are to take notice and govern themselves accordingly. Almeric FitzRoy. Order of Council under section 2 of the Customs (Exporta- tion Prohibition) Act, 1914 (4 & 5 Geo. 5, c. 64), Prohibiting Exportation from the United Kingdom of Sugar, Molasses, &c, under certain conditions. (») 1914. X<>. 1382. . At the Council Chamber, Whitehall, the 11th day of September, 1914. By the Lords of His Majesty's Most Honourable Privy Council. Whereas it is provided by Section 2 of the Customs (Exporta- tion Prohibition) Act, 1914, that any Proclamation or Order in Council made under Section 8 of the Customs and Inland Revenue Act, 1879, (b) 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 there was this day read at the Board a recom- mendation from the Board of Trade to the effect — That an Order should be issued prohibiting the exportation from the United Kingdom to all destinations of the following articles : — Sugar, unrefined ; Sugar, refined and candy; (aj This Order was published in the "London Gazette" of September ! 1th, 1 9 1 4 : in the " Edinburgh Gazette " of September 1 2th, 19 1 4. being a Supplement to the Gazette of September 11th, and in the "Dublin Gazette" of September 15th, 1914. (b) 42&43 Vict. c. 21. Exportation of Warlike Stores, Provisions and Victual. 175 MolasseSj inverl sugar, and all 9Ugai and extracts from sugar which cannol be completely tested by the polariscope. Now, therefore, their Lordships having taker ihe said recom- mendation into consideration, are pleased to order, and it is hereby ordered, that the saine be approved. Whereof the Commissioners of Eis Majesty's Customs and Excise, and all other persons whom it may concern, are to take notice and govern themselves accordingly. Almeric Fit \ Roy. Ordeb of Council under section 2 of the Customs (Exporta- tion Prohibition) Act, 1914 (4 & 5 Geo. 5, c. 64), vahying Proclamations of August 3rd and 5th, 1914, and an Order of Council of September 8th, 1914, prohibiting the exportation of vari01 s articles. (a-) 1914. No. 1437. At the Council Chamber, Whitehall, the 25th day of September, 1914. By the Lords of ilis Majesty's Most Honourable Privy Council Whereas it is provided by Section 2 of the Customs (Exporta- tion Prohibition) Act, 1914, that any Proclamation or Order in Council made under Section 8 of the Customs and Inland Revenue Act, 1879. (b> as amended by the Ad now in recital, may, whilst a state of war exists, lie varied or added to by an Order made by the Lords of the Council on the recommendation of the Board of Trade: And whereas there was this day read at the Board a recom- mendation from the Board of Trade in the following' words: — (1) That the prohibition to export "Pack, saddle, and draught animals, suitable for use in war." established by His Majesty's Proclamation dated the 3rd August. I914,(c) should extend to the carriage coastwise of ;i!l such animals between ports of the United Kingdom. (2) Thai the heading "Cotton suitable tm use in the manu- facture of explosives should be deleted from His Majesty's Proclamation dated the -"nil August, 1914. and that the heading (a) This Order was published in the " London Gazette " of September 25th, 1914, being the 3rd Supplement to the Gazette of September '22nd ; in the "Edinburgh Gazette" of September "20th. 11)14, being a Supplement to the (iazette of September 25 th, and in the '"Dublin Gazette" of September 28th, t',*14, being a Supplement to the Gazette of September 25th. (b) 42 & 4:i Viet. c. 21. (c) Printed at p. 160, above. 176 Exportation of Warlike Stores, Provisions and Victual. ' ' Cotton waste ' ' ill the same Proclamation should be expanded so as to read ''Cotton waste of all descriptions." 3) That the heading "Harness and saddlery of all kinds' in His Majesty's Proclamation dated the 5th August, 1914, (a) should he deleted. (4) That the heading '* Coal tar products for use in dye manu- facture ' in the Order of Council dated the 8th September, 191-4, (b) should be expanded so as to read " Coal tar products for use in dye manufacture, except aniline oil and aniline salt." (5) That the exportation of — Bags and sacks of all kinds (not including' paper bags) ; Graphite ; Shipbuilding materials, namely — Boiler tubes ; Condenser tubes ; Iron and steel castings and forgings for hulls and machinery of ships ; Iron and steel plates and sectional material for ship- building ; Marine engines and parts thereof ; Ships' auxiliary machinery ; should be prohibited to all foreign ports in Europe and on the Mediterranean and Black Seas other than those of Russia (except Baltic ports), Belgium, France, Spain, and Portugal. (6) That there should be added to the list of prohibitions of export to all destinations — Harness and saddlery which can be used for military purposes ; Khaki serge; Peroxide of manganese. Xow therefore, their Lordships having taken the said recom- mendation 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, and all other persons whom it may concern, are to take notice and govern themselves accordingly. Ahneric Fitzroy. (a - ) Printed at p. 162, above, (b) Printed at p. 172, above. Financial Assistance to Enemy. 177 FINANCIAL ASSISTANCE TO ENEMY. Proclamation, dated August 5, 1914, notifying that British Subjects contributing to a Loan raised ON BEHALF <>F THE GflKMAN EmI'EROII OH CONTRA* I IN'. with the German Government, will be guilty m High Treason as adhering to the King's Enemies. (a) (b) 1914. No. 1253. By the King. A Proclamation notifying that British Subjects contributing to a Loan raised on behalf of the German Emperor or contracting with the German Government, will be guilty of High Treason as adhering to the King's Enemies. George R.I. Whereas a state of war exists between Us and the German Emperor(c) : And whereas it constitutes adherence to ( )ur enemies for any of Our subjects or persons resident or being in Our Dominions during the continuance of the state of Avar to contribute to or participate in or assist in the floating of any loan raised on behalf of the said Emperor, or to advance money to or *enter into any contract or dealings whatsover with the said Emperor or his Government (save upon Our Command), or otherwise to aid, abet, or assist the said Emperor or Government : Now, therefore, We do hereby warn all Our subjects and all persons resident or being in Our Dominions who may be found doing or attempting any of such treasonable acts as aforesaid that they will be liable to be apprehended and dealt with as traitors, and will be proceeded against with the utmost rigour of the law. Givem at Our Court at Buckingham Palace, this Fifth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reisrn. *»* God save the King. (a) This Proclamation is by Proclamation of August 12th, 1914 (priuted at p. 97 above, under the heading " Austria-Huncauy " ). to apply to all loans raised on behalf of, or contracts or dealings entered into with, or to aiding, abetting or assisting the Austro-Hungarian Government. (b) This Proclamation was published in the "London Gazette" of August oth, 1914, being the 2nd Supplement to the Gazette of August 4th ; in the " Edinburgh Gazette "of August 7th, 1914: and in the " Dublin Gazette" of August 6th. 1914, being the 3rd Supplement to the Gazette of August 4th. (c) See Notification of a State of War with Germany printed at p. 1 above. 5750 M 178 Indian Marine Service. INDIAN MARINE SERVICE. Orders in Council under section 6 or the Indian Marine Service Act, 1884 (47 & 48 Vict. c. 38), directing that certain Vessels belonging to His Majesty's Indian Marine Service and the Men and Officers from time to time serving thereon shall be under the command of the Senior Naval Officer of the Station where for the time being such ships may be. 1914. No. 1178. Order in Council as to " The Hardinge " and " The I)UFFERIN."(a) At the Court at Buckingham Palace, the 5th day of August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas there was this day read at the Board a Memorial from the Right Honourable the Lords Commissioners of the Admiralty, in the words following, viz.: — ^ Whereas it is provided in Section 6 of the Indian Marine Service Act, 1884, that in case a state of War exists between Your Majesty and any foreign power, it shall be lawful for Tour Majesty by Proclamation or Order in Council to direct that any vessel belonging to Tour Majesty's Indian Marine Service and the Men and Officers from time to time serving thereon shall be under the command of the Senior Naval Officer of the Station where for the time being such ships may be : ' And whereas it is provided that while any such vessel is under such command such vessel shall be deemed to all intents a vessel of war of the Royal Navy, and the Men and Officers from time to time serving in such vessels shall be under such Naval Discipline Act or Acts as may be in force for the time being, and subject to such Regulations as may be issued by Us with the concurrence of the Secretary of State for India in Council : ' And whereas a state of War exists between Your Majesty and the German Emperor : (b) 1 And whereas the Government of Your Majesty in India li;is agreed to place unreservedly at the disposal of the Naval Commander-in-Chief on the East Indies Station, Your Majesty's Indian Marine Service Vessels ' Hardinge ' and ' Dufferin ' : (a) This Order was published in the "London Gazette" of August 5th, 1914, being the 2nd Supplement to the Gazette of August 4th ; in the " Edinburgh Gazette" of August 7th, 1914. (b) See Notification of a State of War with the German Empire, printed at. p. 1 above. Indian Murine Serrice. 171) " Now therefore we beg leave to recommend that Your Majesty may be graciously pleased by Your Order in Count- il to direct tluil Your Majesty's Indian Marine Service Vessels ' Hardinge ' and 'DuUerin 1 and the Men ami Officers from time to time serving thereon shall be under the command of the Senior Naval Officer of I lie Station where for the time being Buch ships may be. " The Secretary of State for India in Council has signified his concurrence in these proposals." His Majesty, having taken the said .Memorial into considera- tion, was pleased, by and with the advice of His Privy Council, to approve of what is therein proposed. And the Right Honour- able the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly. Almeric FitzRoy. Order in Council as to " The Northrrook " and " The MiNTO."(a) 1914. No. 1232. At the Court at Buckingham Palace, the 12th day of August, 1914. present, The King's Most Excellent Majesty in Council. Whereas there was this day read at the Board a Memorial from the Right Honourable the Lords Commissioners of the Admiralty, dated the 11th day of August, 1914, in the words following, viz. : — " Whereas it is provided in Section 6 of the Indian Marine Service Act, 1884, that in case a state of War exists between Your Majesty and any foreign power, it shall be lawful for Your Majesty by Proclamation or Order in Council to direct that any vessel belonging to Your Majesty's Indian Marine Service and the Men and Officers from time to time serving thereon shall be under the command of the Senior Naval Officer of the Station where for the time being such ships may be : " And whereas it is provided that while any such vessel is under such command such vessel shall be deemed to all intents a vessel of war of the Royal Navy, and the Men and Officers from time to time serving in such vessels shall be under such Naval (a) This Order was published in the "London Gazette" of August 13th, l'.U4, being the "2nd Supplement to the Gazette of August 11th ; in the " Edin- burgh Gazette " of August 15th, 191 J, being a Supplement to the Gazette of August 14th ; and in the "Dublin Gazette" of August 15th, 1914. 5750 M 2 180 Indian Marine Service. Discipline Act or Acts as may be in force for the time being, and subject to such Regulations as may be issued by Us with the concurrence of the Secretary of State for India in Council : " And whereas a state of War exists between Your Majesty and the German Emperor :(a) " And whereas the Government of Your Majesty in India has agreed to place unreservedly at the disposal of the Naval Com- mander-in-Chief on the East Indies Station Your Majesty's Indian Marine Service Vessels ' Northbrook ' and ' Minto ' : " Now, therefore, We beg leave to recommend that Your Majesty may be graciously pleased by Your Order in Council to direct that Your Majesty's Indian Marine Service Vessels ' Northbrook ' and ' Minto,' and the Men and Officers from time to time serving thereon shall be under the command of the Senior Naval Officer of the Station where for the time being such ships may be. " The Secretary of State for India in Council has signified his concurrence in these proposals." His Majesty, having taken the said Memorial into considera- tion, was pleased, by and with the advice of His Privy Council, to approve of what is therein proposed. And the Right Honourable the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly. Almeric FitzRoy. Order in Council as to " The Dalhousie."(1)) 1914. No. 1261. At the Court at Buckingham Palace, the 20th day of August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas there was this day read at the Board a Memorial from the Right Honourable the Lords Commissioners of the Admiralty, dated the 12th day of August, 1914, in the words following, viz. : — ' Whereas it is provided in Section 6 of the Indian Marine Service Act, 1884, that in case a state of War exists between fa) See Notification of a State of War with the German Empire, printed at p. 1 above. (b) This Order was published in the ''London Gazette" of August 20th, 111 14, being a Supplement to the Gazette of August 18th ; in the " Edinburgh Gazette" of August 21st, l'.H4 ; and in the "Dublin Gazette" of August 21st, 1914. Indian Marine Service. 181 Your Majesty and any foreign power, it shall he lawful for Your Majesty by Proclamation or Order in Council to direct that any vessel belonging to Your Majesty's Indian Marine Service and the Men and Officers from time to time serving thereon shall he under the command of the Senior Naval Olficer of the Station where for the time being such ships may be : "And whereas it is provided thai while any such vessel is under such command, such vessel shall lit- deemed to all intents a vessel of war of the Royal Navy, and the Men and Officers from time to time serving in su<-h \r^.-U -hall he under such Naval Discipline Act or Acts as may be in force for the time being, and subject to such Regulations as may be issued by Us with the concurrence of the Secretary of State for India in Council : " And whereas a state of War exists between Your Majesty and the German Emperor: (a) " And whereas the Government of Your Majesty in India has agreed to place unreservedly at the disposal of the Naval Commander-in-Chief on the East Indies Station Your Majesty's Indian Marine Service Vessel ' Dalhousie ' : " .Vow, therefore, "We beg leave to recommend that Your Majesty may be graciously pleased by Your Order in Council to direct that Your Majesty's Indian Marine Service Vessel ' Dalhousie ' and the Men and Officers from time to time serving thereon shall be under the command of the Senior Naval Officer of the Station where for the time being such ship may be. " The Secretarj* of State for India in Council has signified his concurrence in these proposals." His Majesty, having taken the said Memorial into considera- tion, was pleased, by and with the advice of His Privy Council, to approve of what is therein proposed. And the Right Honour- able the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly. Almeric FitzRoy. (a) See Notification of a State of War with the German Umpire, printed at p 1 above. 182 Injuries in War Compensation. INJURIES IN WAR COMPENSATION. Order in Council approving a Scheme under the Injuries in War (Compensation) Act, 1914 (4 & 5 Geo. 5, c. 30) and •applying as from august 3, 1914, to all officers and Men of Fleet Auxiliaries (other than ranks and ratings in receipt of naval pay or officers or men of naval Reserves), to all Civilians in Admiralty Service, and to Officers and Men of the War Department Examina- tion Service, and to the Dependent Relatives of such Persons, (a) 1914. No. 1177. At the Court at Buckingham Palace, the 10th day of August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas there was this day read at the Board a Memorial from the Right Honourable the Lords Commissioners of the Admiralty, dated the 6th day of August, 1914, in the words following, viz. : — "Whereas by Section I. of the Injuries in War (Com- pensation) Act, 1914, (b) it is enacted that it shall be lawful for Your Majesty by Your Order in Council to frame a Scheme as to the pensions, grants and other allowances in the nature thereof, to be paid to persons, not being Officers or Seamen of the Royal Navy or Officers or Soldiers of any of Your Majesty's land or marine forces, in respect of injuries suffered by them whilst employed afloat by or under the Admiralty or Army Council in connection with warlike operations in which Your Majesty is engaged, and in the case of their death to their widows and other dependants : " And whereas it is further enacted in the said section of the said Act that Your Order in Council shall specify the persons to whom it applies and the conditions under which it becomes applicable, and that Your Order may include persons not in the direct employment of the Admiralty or Army Council, and persons employed in commissioned ships, notwithstanding that by reason of such employment they are subject to the Naval Discipline Act : (a) This Order was published in the "London Gazette" of August 10th, 1914, being the 2nd Supplement to the Gazette of August 7th ; in the "Edinburgh Gazette" of August 11th, 1914 ; and in the " Dublin Gazette" of August 11th, 1914. (b) 4 & .0 Geo. 5. c. 30, printed at p. 14 above. Injuriei in War Compensation. 183 '* And whereas we are of opinion that the Scheme of pen- sions, grants, and allowances in the nature thereof, should apply as from the 3rd day of August, L914, to all Officers and Men of Fleet Auxiliaries (other than ranks and ratings in receipt of Naval pay) to all civilians in Admiralty Service, and to Officers and Men of the War Depart- ment Examination service, who may be injured on duty during employment afloat, and to the dependent relatives of such persons who may be killed on duty during employment afloat, or die within two years thereof, as the result of injuries received on such duty, provided, however, that the Scheme shall not apply to Officers and Men of the Royal Naval Reserve, Royal Fleet Reserve, Royal Naval Volunteer Reserve, or to Naval Pensioners serving in the Fleet and in receipt of Naval rates of pay during such service : " AVe beg leave humbly to recommend that Your Majesty may be graciously pleased by Your Order in Council to sanction payment of pensions, grants, and other allowances. on the scales and subject to the conditions specified in the annexed Schedule. " The Lords Commissioners of Your Majesty's Treasury have signified their concurrence in these proposals." " Schedule. " Scale of Pensions, Grants, and other Allowances. " Injury Pensions. " If the injury result in total destruction of earning capacity, a pension equal to two-thirds pay during the period of such total incapacity. " If the injury result in partial impairment of earning capacity, a pension during the period of such partial impair- ment of earning capacity equal to: — " One-sixth pay in respect of slight impairment of earning capacity ; ' One-third pay in respect of impairment of earning capacity; "Half pay in respect of material impairment of 'earning capacity. "Such pensions to be awarded to all Officers and Men of Fleet Auxiliaries (other than ranks and ratings in receipt of Naval pay"), and to civilians in Admiralty service and to Officers and Men of the War Department Examination Service, provided that the injury be sustained on duty afloat, and all awards to be subject to periodical review and depen- dent upon the degree of the impairment of earning capacity for the time being as described above. Injuries in War Compensation. " Widows' Pensions and Allowances to dependent Relatives. " If any of the above-mentioned persons be killed, or die within two years, as the result of injuries sustained on duty afloat, there shall be awarded — (a) to the widow a pension equal to one-third pay; and (b) in respect of each child up to 4 in number until the age of 16, an allowance equal to one twenty- fourth of pay; so that the maximum possible payment per annum, inclusive of the widow's pension, shall not in any case exceed one-half P a J- " If there be no widow, pensions may be granted to other dependent relatives, at the discretion of the Admiralty or Army Council, not exceeding in the aggregate the sum which might have been awarded in each case as a widow's pension. " In the event of a widow's re-marriage her pension shall cease, and the Admiralty or Army Council shall have the option of awarding, as may be more beneficial to her, either — (a) a lump sum equal to the difference by which three years' pay (provided it be not more than £300 or less than £150) exceeds the total sum already paid in compensation ; or (0) continued payment of the children's pensions until age of 16. " In the event of the adoption of alternative (a) the Admiralty or Army Council shall have power to take any precautions against the squandering of the lump sum, e.g., by entrusting it to trustees to be administered in specified payments or to be applied wholly or partly for the children's education or otherwise. " Definition of the term ' Pay.' ' ' For the purpose of this scheme pay shall be computed as follows : — (1) In the case of Officers and men serving in Ships chartered by the Admiralty, whether, with, or without, demise to the Crown, pay shall be deemed to be the pay (including a victualling allowance at the rate of 3s. a day for Officers and Is. Qd. a day for men, when pay does not include victualling) of the present rank ruling in the Ship, or in Ships of corresponding size and character, at a date six months prior to the out> break of hostilities. (2) In the case of casual labourers engaged for Fleet coaling afloat pay shall be deemed to be the normal wages of an ordinary unskilled labourer at the place of engagement at a date six months prior to the outbreak of hostilities. (3) In all other cases pay shall be computed in such manner as is best calculated to give the rate at which the person was being remunerated during Injuries in War Compensation. 185 the year preceding ;, >nl August, 1914, provided that when it is impracticable to compute pay in such manner, pay shall be takes to be bucI amount as the Admiralty or Army Council may determine having regard to the amount of the earnings of prisons in similar employment during the same year. " Limitation of Benefits in the case of Persons entitled io Compensation under the Workmen's Compensation Acts, or to the Benefits of the Civil Superannuation and Green- wich Hospital Acts, " No person who is eligible to benefit under this scheme shall lose by virtue thereof any gratuity or other superannua- tion allowance for which he may be eligible by service under the Superannuation Ads, 1834 to L909,( a ) bul persons entitled to any compensation under the Workmen's Compensation An . 1906,(1>) or to any compensation or damages al Common Law or under the Employer's Liability Act, 1880, (o) or under the Greenwich Hospital Acts, 1865 to 1898, (d) or any other statute, or eligible for any gratuity or allowance in respect of injury under Section 1 of the Superannuation Act, 1887,(e) shall be entitled to benefit under this scheme only to the extent of the difference, if any, between the value of the benefits it confers and the value of such other benefits as they may be entitled to under the said Acts, provided however that no person shall receive as the result of this scheme a total sum in excess of his pay at the date of the injury. " Interpretation of the Scheme. " In the event of any question arising on the interpretation or administration of this scheme, the decision of the Admiralty or Army Council thereon shall be final." His Majesty, having taken the said Memorial into considera- tion, was pleased, by and with the advice of His Privy Council, to approve of what is therein proposed. And the Right Honour- able the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly. Almeric FitzRoy. (a) i e , The Superannuation Acts, 1834 (4 & 5 Will. 4. c. 24), 1859 (22 Vict. c. 26), 1860 (23 & 24 Vict. c. 89), 1866 (29 & 30 Tict. c. 68), 1876 (39 & 40 Vict. c. 53), 1881 (44 & 45 Vict. c. 43), 1884 (47 & 48 Vict. c. 57), 1887 (50 & 51 Vict. c. 67), 1892 (55 t< between Greal Britain and Germany(a) and also between Greai Britain and Austria-ll ungary(b) ; Now, therefore, Eis Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows : — 1. All aliens resident in the Isle of Man shall be registered in manner hereinafter provided. 2.— (1) For the purposes of this Order, the Chief Officer oi Police of the said Island shall he the Registration Officer. (2) The Registration officer shall keep a Register wherein shall be entered particulars of all aliens resident in the said Island, as set out in the Schedule hereto. (3) Every alien shall, as soon as may be, furnish to the Regis- tration ( Ifficer particulars as to the matters set out in the Schedule to this Order. (4) Every alien shall furnish to the Registration Officer any additional information which may be reasonably required for the purpose of registering an alien or maintaining the correctness of the particulars entered on the Register. 3. An alien enemy shall not travel more than five miles from his registered place of residence unless furnished with a licence from the Registration Officer, which licence shall not cover a period exceeding twenty-four hours from the date of its issue and shall be returned to the Registration Officer at the end of the period for which it was issued. 4.- — (I) An alien enemy shall not, except with the written permission of the Registration Officer, be in possession of — (//) any firearms or other weapons, ammunition or explo- sives, or material intended to be used for the manu- facture of explosives ; (6) any petroleum spirit, naphtha, benzol, petroleum, or other inflammable liquid in quantities exceeding three gallons ; (c) any apparatus or contrivance intended for, or capable hi being used for, a signalling apparatus, either visual or otherwise ; . (d) any carrier or homing pigeons; (e) any motor car, motor cycle, motor boat, yacht, or aircraft; {/) any cipher code or other means of conducting secret correspondence ; (g) any telephone installation; ih) any camera or other photographic apparatus; (/) any military or naval ma]), chart or handbook. (2) If a. justice of the peace is satisfied by information on oath that there is reasonable ground for suspecting any contravention (a) See Notification of a State of War with Germany, printed at p. 1 above. (b) See Notification of a State of War with Austro-Hungary, printed at p. 1 above. 188 Isle of Man Aliens Restriction. of the foregoing' provision, he may grant a search warrant authorizing any constable named therein to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize any article which is being kept in the premises or place in contravention of this Article. Where it appears to a superintendent or inspector of police, or any police officer of higher rank, that the case is one of great emergency, and that in the interests of the State immediate action is necessary, he may by a written order under his hand give to any constable the like authority as may be given by the warrant of a justice under this Article. 5. — (1) The circulation among alien enemies of any newspaper wholly or mainly in the language of a State, or any part of a State,' at war with His Majesty, is prohibited unless the permis- sion in writing of a Secretary of State has been first obtained, and such conditions as may be prescribed by the Secretary of State are complied with. (2) In this Article the expression " newspaper ' includes periodical. 6. If any person acts in contravention of or fails to comply with any provisions of this Order, he is liable on summary con- viction to a fine not exceeding one hundred pounds or to imprison- ment with or without hard labour for a term not exceeding six months, and the court before which he is convicted may, either in addition to or in lieu of any such punishment, require that person to enter into recognizances with or without sureties to comply with the provisions of this Order or such provisions thereof as the court may direct. If any person fails to comply with an order of the court requir- ing him to enter into recognizances the court may order him to be imprisoned with or without hard labour for any term not exceeding six months. 7. If any person furnishes or causes to be furnished to a Regis- iration Officer any false particulars, or, with a view to obtaining any permit or permission under this Order, makes or causes to be made any false statement or false representation, he shall be deemed to have acted in contravention of this Order. 8. If any person aids or abets any person in any contravention of this Order, or knowingly harbours any person whom he knows or has reasonable ground for supposing to have acted in contra- vention of this Order, he shall be deemed himself to have acted in contravention of this Order. 9. Any person who acts in contravention of this Order, or is reasonably suspected of having so acted, or being about so to act, may be taken into custody without warrant by any constable. 10. — (1) A Secretary of State may, if he thinks it necessary in the interests of public safety, direct that any of the provisions of this Order as to alien enemies shall in particular cases be applicable to other aliens, and thereupon such provisions shall apply accordingly. (2) A Secretary of State may, if he thinks fit, direct that any powers or duties assigned under this Order to the Registration Officer shall be discharged by other persons deputed by the Secre- tary of State for the purpose. Isle of Man Aliens Restriction. 189 11. For the purposes of this Order the expression 'alien enemy " means an alien whose Sovereign or Stale i- at Wax with His Majesty. 12. In the application of this Order the expression 'court' means any court of summary jurisdiction and "justice of the peace" shall include a High Bailiff. 13. This Order may lie cited as the " Aliens Restriction (Isle of Man) Order, L914." . I I in eric FitzRoi/. Scht dule. Matters in respect of which Particulars are to be Furnished. Name Nationality and birthplace-. Occupatio n Sex Age Personal description, and. it so required, a photograph of the alien- Distinctive mark (if any) Finger prints, if so required- Place of resilience (including nature of tenure or occupancy)- Place of business (if any) Date of commencement of residence Whether the alien has been or is in the service of any foreign government, and if so, for how long and in what capacity Note. — If the alien has a household, he must furnish the particulars aforesaid not only as respects himself, but also as respects every alien who is living as a member of his household. 2. Defence of the Realm. Order in Council under the Isle of Man (War Legislation) Act, 1914 (4 & 5 Geo. 5, c. 62), extending the Defence of the Realm Act, 1914 (4 & 5 Geo. 5, c. 29), the Defence of the Realm (No. 2) Act, 1914 (4 & 5 Geo. 5, c. 63) and Regulations thereunder to the Isle of Man. (a) 1914. No. 1:377. At the Court at Buckingham Palace, the 9th day of September. 1914. Present, The Kino's Most Excellent Majesty Lord President Sir William Carington. Lord Islington Sir Francis Hopwood. Whereas by the Isle of Man (War Legislation) Act. 1914, His Majesty has power to extend to the Isle of Man any Art (a) Tbis Order was published in the " London Gazette" of September 11th, 1914, and in the " Edinburgh Gazette" of September 15th, 1914. 190 Isle of Man Postponement of Payments. which", in the opinion of His Majesty, was passed for the purpose of meeting' any emergency created by the present war, subject to adaptations for the purpose of making the Act applicable to the Isle of Man. Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that the Defence of the Eealm Act, 1914, as amended by the Defence of the Realm (No. 2) Act, 1914, and any Regulation s(a) which have been issued by His Majesty thereunder, shall extend to the Isle of Man. Aim eric FitzRoy. 3. Postponenient of Payments. Order in Council under the Isle of Man (War Legislation) Act, 1914 (4 & 5 Geo. 5, c. 62), extending with adapta- tions the Postponement of Payments Act, 1914 (4 & 5 Geo. 5, c. 11) to the Isle of Man.(1>) 1914. No. 1325. At the Court at Buckingham Palace, the 3rd day of September, 1914. Present, The King's Most Excellent Majesty Lord President Mr. Pease Lord Islington Sir William Carington. Whereas by the Isle of Man (War Legislation) Act, 1914, His Majesty has power to extend to the Isle of Man any Act which in the opinion of His Majesty was passed for the purpose of meeting- any emergency created by the present War, subject to adaptations for the purpose of making- the Act applicable to the Isle of Man : Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered that the Postponement of Payments Act, 1914, shall extend to the Isle of Man, adapted as set out in the Schedule hereto. Ahneric FitzRoy. (a) Printed at pp. 146-157, above. (b) This Order was published in the " London Gazette " of September 4th, 1914, and in the "Edinburgh Gazette" of September 8th, 1914. Isle of Man Postponement of Payments. 191 Schedule. Postponement of Payments Act, 1914. (1). Our Lieutenant Governor of the Isle of MaD may, with Our consent, signified to him by one of Our Principal Secretaries of State, by Proclamation, (a) authorize the postponement ot the payment of any hill of exchange, or of any negotiable instrument, or any other payment in pursuance <>t any contract . to such extent, for such time, and subject to such conditions or other provisions, as may be specified in the Proclamation. (2). No additional Stamp Duty shall be payable in respect of any instrument as a consequence of any postponement of payment in pursuance of a Proclamation under this A«t unless the Pro- clamation otherwise directs. (3). Any such Proclamation may be varied, extended, or revoked, by any subsequent Proclamation, and separate Procla- mations may be made dealing with separate subjects. (4). The Proclamations dated the 8th day of August, 1914,(a) relating- to the postponement of payment of certain hills of exchange and of certain other payments are hereby confirmed, and shall be deemed to have been made under this Act. 2.— (1). This Act may be cited as the Postponement of Pay- ments Act, 1914. (2). This Act shall remain in force for a period of six months from the date of the passing thereof .(b) JERSEY MILITIA RESERVE. Okder in Council Recalling to Active Service the Militia Reserve of Jersey. (c) At the Court at Buckingham Palace, the 4th day of August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas by virtue of Article 6 of the Act intituled " Loi sur la Milice " passed by the States of the Island of Jersey on the 10th day of October, 1905, sanctioned by Order in Council made the 11th day of December, 1905, it is lawful for His Majesty at any time by Order in Council to recall to Active Militia Service the Royal Militia Reserve of the said Island or any part thereof, Notice of such recall being given by Proclamation and by Warning to each reservist at his residence: (a) The Proclamations of the Lieutenant Governor of the Isle of Man are not printed in the present edition of this Manual. (b) The Postponement of Payments Act, 1914 (4 & 5 Geo. 5. c. 11), was passed August 3rd, 1914. (c) This Order was published in the "London Gazette" of August 4th. 1914. being the 5th Supplement to the Gazette of July .'.1st ; in the "Edinburgh Gazette" of August 5th, 1914, being the 1st Supplement to the Gazette of August 4th: and in the '-Dublin Gazette" of August 5th. 1914. being the 2nd Supplement to the Gazette of August 4th. 192 Jersey Militia Reserve. And whereas the present state of public affairs and the extent of the demand on His Majesty's Military Forces for the pro- tection of the interests of the Empire do, in His Majesty's opinion, constitute a case which justifies such recall of the said Reserve to Active Militia Service : Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, in pursuance of the said enactment, that the Militia Reserve of the Island of Jersey as a whole be recalled to active service, and that Notice of this Order be given by Proclamation and by Warning as aforesaid. And His Majesty is further pleased to direct that this Order, together with the Proclamation aforesaid (a copy whereof accom- panies this Order), be entered upon the Register of the Island of Jersey and observed accordingly. Whereof the Lieutenant-Governor or Commander-in-Chief, the Bailiff and Jurats, and all other His Majesty's Officers, for the time being, in the said Island, and all other persons whom it may concern, are to take notice and govern themselves accordingly. Aimer ic FitzRoy. Proclamation giving Notice of Order in Council Recalling to Active Service the Militia Reserve of Jersey. (a) By the King. A Proclamation relating to the Militia Reserve of the Island of Jersey. George R.I. Whereas in pursuance of the Act intituled " Loi sur la Milice ' passed by the States of the Island of Jersey on the 10th day of October/ 1905, and sanctioned by Order in Council of the 11th day of December, 1905, We were this day pleased, by and with the advice of our Privy Council, to order that the Militia Reserve of the Island of Jersey as a whole be recalled to active service, and that Notice of the Order be given by Proclamation and by Warning to each reservist at his residence. Now, therefore, We do hereby, by and with the advice of' Our Privy Council, by this Our Royal Proclamation, give Notice of Our said Order and do direct that Warning thereof be given to each reservist at his residence. Given at Our Court at Buckingham Palace, this Fourth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. (a) This Proclamation was published in the " London Gazette " of August 4th 1914, being the 5th Supplement to the Gazette of July 31st; in the "Edinburgh Gazette" of August 5th, 1914, being the 1st Supplement to the Gazette of August 4th; and in the "Dublin Gazette" of August 5th, 1914, being the 2nd Supplement to the Gazette of August 4th, 1914. National Health Insurance of Office /■<>■. Wnrrmii (tfficcr.i, 193 r77ir2 Soldiers. NATIONAL HEALTH INSURANCE. 1. Certain Officers, Warrant Officers, and Soldiers. The National Eealth [nsurance (Officers, Warrani OfPICEES AM) SOLDIEES) REGULATIONS, L914, DATED Si I'll \i BEE 30, 1914, BEING PEOVISIONAL REGl LATIONS liADE BY THE [NSUEANCI COMMISSIONEES UNDEB SECTION Mi (7) OF THE National [nsurance Act. 1!)11 (] & 2 Geo. 5, c. 55), is amended hy the National [nsueance (Navt and Army) Act, 1914, with eespect to certain Officees, Warrant Officers, and Soldiers. (») The [nsurance Commissioners hereby certify under Section 2 of the Rules Publication Act, 1893, (b) thai on account of urgency the following Regulations should come into operation immediately, and in exercise of the power- conferred on them by sub-section (7) of Section 46 of the National [nsurance Act, 1911, as amended by the National Insurance (Navy and Army) Act, 1914, (c) hereby make the following Regulations to come into operation forthwith as Provisional Regulations: — 1. These Regulations may be cited as the National Health [nsurance (Officers, Warranl Officers and Soldiers) Regulations, 1914, and shall have effect as from the Isi day of August, 15*1-4. 2. — (1) In these Regulations unless the context otherwise requires the following expressions have the respective meanings hereby assigned to them : — "The Act' means the National Insurance Act, 1911, as amended by the National [nsurance (Navy and Army) Act, 1914 ;(c) "Officer' 3 means any person who, being previously insured. 3erves during the present war as a commissioned or warrant officer of the Naval Reserves, or an officer of the Reserve or of the Territorial Force, or is granted a temporary commission in the regular forces during the continuance of the present war: "Soldier' means any soldier specially enlisted for the purposes of the present war ; iC Commencement of service " means, in the case of an officer, the date on which he begins to serve as an officer for the purposes of the presenl war. and in the case of a soldier, the date of his enlistmenl ; "Discharge 3 includes any termination of service. (a) Corresponding Regulations made 1>> the Welsh Insurance C< mmissioners are printed at p. 195 below, and it (September 30th, 1914) understood thai the Scottish and the Irish Insurance Commissioners are making similar Regula- tions. (b) 56 & 57 Vict. c. 66, (c) I & 5 Geo. 5. c. Rl. printed at p. 39 above. 5750 \ 194 National Health Insurance of Officers, Warrant Officers, and Soldiers. (2) The Interpretation Act, 1880. (a) applies to Hie interpreta- tion of these Regulations as it applies to the interpretation of an Act of Parliament. •'!. In the application of Section 46 of the Act as amended by the National Insurance Act, 1913, (b) and of any Regulations (c) made thereunder and for the time being in force (other than these Regulations), to soldiers after the commencement of service, the following adaptations and modifications shall have effect: — The provisions of Section 4G shall not apply to any soldier who was not immediately before enlistment an insured person and who within such time as the Army Council may determine elects not to become insured during the period of his service. 4. In the application of the aforesaid Section and Regulations to officers and soldiers after the commencement of service, the following adaptations and modifications shall have effect: — (1) The commencement of service shall, in the case of officers, be treated as if it were the date of enlistment mentioned in Section 46 of the Act, and, notwithstanding anything in sub-section (2) of Section 46, the provisions of sub-section (3) of that section, as modified by these Regulations, shall, in the case of an officer or soldier who has not joined an approved society before the com- mencement of service, apply immediately after that date. (2) — (a) The provisions of paragraph (d) of sub-section (3) of Section 46 of the Act shall not apply to an officer or soldier who was immediately before the commencement of service a deposit contributor, but any sum standing to his credit in the Deposit Contributors Fund shall be retained in that fund until the date of discharge. (b) Upon his discharge, paragraph (g) of sub-section (3) of Section 46 shall not apply, but if he does not become a member of the Navy and Army Insurance Fund under the provisions of paragraph (h) of sub-section (3) of Section 46, the value of the contributions paid by or in i espect of him between the commencement of service and the date of discharge shall be carried to his credit in the Deposit Contributors Fund. (c) If after the date of discharge he becomes entitled to benefits out of the Navy and Army Insurance Fund, he shall be treated as if the Navy and Army Insurance Fund were an approved society and he had become a (a) 52 & 53 Vict c. 03. (b) 3 & 4 Geo 5. c. 37. (c) Such of the Regulations under section 46 of the 1911 Act as are " Statutory Rules and Orders " are printed and purchaseable in that form, and the Notes in the Annual "Volumes of Statutory Rules and Orders" for 1912 and 1913, and in the triennially published Index (last edition 1913) give references to all Regulations issued as " Provisional " and not superseded by Statutory Rules. In 1913 a Volume of National Health Insurance Rules and Orders complete to the end of 1912 was issued consisting of extracts from the works mentioned, all of which are edited by the Editor of this Manual, and published by Authority. The scope of the present Manual is confined to Regulations made in consequence of the war, of which full text is here given. National Health Insurance of Officers, Warrant Officers, 19. a nil Sold ir rs ( II tiles). member of thai Fund ;ii the commencemenl <>t service, and any sum standing l<> bis credil in the Deposit Contributors Fund shall be deaH with accordingly. Given under the Seal of Office of the [nsurance Com- missioners this 30th day of September in the year one thousand n ine hundred a ml fourteen. (l.s.) John Anderson, Secretary to I he Insurance Commissioners. The National Health Insurance (Officers, Warrani Officers, \m> Soldiers) Regulations (Wales), 1914, dated octobek 2, 1914, being provisional regulations made by. hie Welsh [nsurance Commissioners undeh section 46 (7) of the national [nsurance act, 1 ? » 1 1 (I & 2 Geo. 5, c. 55), as amended r.v the National Insur- ance (Navy \m> Army) Act, li)14, with respect to certain Officers, Warrant Officers, and Soldiers. The Welsh [nsurance Commissioners bereby certify under Section 2 of the Rules Publication Act, I893,(a) thai on account of urgency the following Regulations should come into operation immediately, and in exercise of the powers conferred on them by sub-section (7) of Section 4G and Sections 65 and 82 of the National [nsurance Act, 10.11, as amended by the National [nsurance (Navy and Army) Act, .1914, (bj hereby make the following Regulations to come into operation forthwith as Provision;)! Regulations. 1. These Regulations may be cited as the National Health Insurance (Officers, Warrant Officers and Soldiers) Regulations (Wales), 19.14, and shall have effect as from t lie 1st day of August, 19.14. 2. — (1) In these Regulations unless the context otherwise requires the following expressions bave the respective meanings hereby assigned to them: — "The Act' means the National [nsurance Act, 1911, as amended l>v the National Insurance (Navy and Army) Act, 1914; "Officer" means any prison who, being previously insured, serves during the present war as a commissioned or warrant officer of the Naval Reserve, or an officer of the Reserve or of the Territorial Force, or is granted a temporary commission in the regular forces during the continuance of the present war: (a) 56 & 57 Vict. c. 06. (b) 4 & 5 Geo. 5. c. 81, printed at p. 3D above. 5750 V i 96 1 National Health Insurance of Officers, Warrant Officers, and Soldier* (Wales). "Soldier' means any soldier specially enlisted for the purposes of the present war; " Commencement of service ' means, in the case of an officer, the date on which he begins to serve as an officer for the purposes of the present war, ami in the case of a soldier, the date of his enlistment; " Discharge ' includes any termination of service. (2) The Interpretation Act, 1889, (a) applies to the interpre- tation of these Regulations as it applies to the interpretation of an Act of Parliament. 3. In the application of Section 46 of the Act as amended by the National Insurance Act, 1918, (b) and of any Regulations (o) made thereunder and for the time being in force (other than these Regulations), to soldiers after the commencement of service, the following adaptations and modifications shall have effect: — The provisions of Section 46 shall not apply to any soldier who was not immediately before enlistment an insured person and who within such time as the Army Council may determine elects not to become insured during the period of his service. 4. In the application of the aforesaid Section and Regulations to officers and soldiers after the commencement of service, the following adaptations and modifications shall have effect: — (1) The commencement of service shall, in the case of officers, he treated as if it were the date of enlistment mentioned in Section 46 of the Act, and, notwithstanding anything in sub-section (2) of Section 46, the provisions of sub-section (3) of that section, as modified by these Regulations, shall, in the case of an officer or soldier who has not joined an approved society before the com- mencement of service, apply immediately after that date. (2) — (a) The provisions of paragraph (d) of sub-section (3) of Section 46 of the Act shall not apply to an officer or soldier who was immediately before the commence- ment of service a deposit contributor, but any sum standing to his credit in the Deposit Contributors Fund shall be retained in that fund until the date of discharge. (b) Upon his discharge, paragraph (g) of sub-section (3) of Section 46 shall not apply, but if he does not become a member of the Navy and Army Insurance Fund under the provisions of paragraph (h) of sub-section (3) of Section 46, the value of the contributions paid by or in respect of him between the commencement of service and the date of discharge shall be carried to his credit in the Deposit Contributors Fund. (c) Tf after the date of discharge he becomes entitled to benefits out of the Navy and Army Insurance Fund. he shall be treated as if the Navy and Army Insurance Fund were an approved society and he had become a (a) 52 & 53 Vict. c. 63. (b) 3r not in direct consequence of, the War, see footnote (c), p. 194 above. National Health Insurance of Men of Naval and Arm;/ Reserves and Territorial Force (Scotland). The National Hkai.th INSURANCE (Naval INT Ai:\n R.ESEEV] and Teeeitoeial Force) Regulations (Scotland) L914, DATED SEPTEMBEB 12, TJL4, MADE i'.V Till: ScOTTISB Ins' \\) WITH RESPE< i I" Mek belonging to the Naval Reserves, the Armi Reserve, and the Teeeitoej \i. Force. L388 1914. No. g-jj The Scottish [nsurance Commissioners in exercise of the powers conferred on them by Sub-section (7) of Section 46 and Sections 65 and 80 of the National Insurance Act, 1011, hereby make the Eollowing Regulations : — 1. These Regulations may be cited as the National Eealth Insurance (Naval and Army Reserves and Territorial Force) Regulations (Scotland), 1014, and shall have effect as from the Ls1 day of August 1014. 2— (1) In these Regulations, unless the context otherwise requires, the following- expressions have the respective meanings hereby assigned to them: — "The Act" means the National Insurance Act, 1011; " Reservist " means a man belonging to the Naval Reserve or to the Army Reserve, and includes a man of the Territorial Force ; " Commencement of service " means in the case of Reservists the dates on which the Naval Reserves, the Army Reserve, and the Territorial Force become employed on service during war or any emergency, or arc called out on permanent service, or are called out on embodi- ment respectively, and, in the case of a man who becomes employed on service in the Naval Reserves, or is called out on permanent service in the Army Reserves, or joins the Territorial Force after those dates, means the dote when he becomes so employed, or is called out or joins; "Discharge" includes any termination of service. (2) The Interpretation Act, 1880, (a) applies to the interpreta- tion of these Regulations as it applies to the interpretation oi an Act of Parliament. 3. In the application of Section 46 of the Act as amended by the National Insurance Act, 1913, (*) and ol any Regulations(c) made thereunder and for the time being in force (oilier than thi (a) 52 & 53 Vict. c. 63. (b) 3 & 4 Geo. 5. c. 37. (c) As to Regulations made previously t<>. ornot m direct consequence <>t. the War, see footnote (c) p. 194 above. 199 200 National Health Insurance of Men of Naval and Army Reserves and Territorial Force (Scotland). Regulations), to reservists after the commencement of service, the following- adaptations and modifications shall have effect: — I 1 ) The commencement of service shall be treated as if it were the date oi enlistment, and, notwithstanding anything in Sub- section {2) of Section 46 of the Act, the provisions of Sub-section (3) of that Section as modified by these Begulations, shall, in the case of a reservist who has not joined an Approved Society before the commencement of service, apply immediately after that date. (2) (a) The provisions of paragraph (d) of Sub-section (3) of Section 46 of the Act shall not apply to a reservist who was imme- diately before the commencement of service a deposit contributor, but any sum standing to his credit in the Deposit Contributors Fund shall be retained in that fund until the date of discharge. (6) Upon his discharge, paragraph (a) of Sub-section (3) of Section 46 shall not apply, but if he does not become a member of the Navy and Army Insurance Fund under the provisions of paragraph (h) of Sub-section (3) of Section 46, the value of the contributions paid by or in respect of him between the commence- ment of service and the date of discharge shall be carried to his credit in the Deposit Contributors Fund. (c) If after the date of discharge he becomes entitled to benefits out of the Navy and Army Insurance Fund, he shall be treated as if the Navy and Army Insurance Fund were an Approved Society and he had become a member of that Fund at the commencement of service, and any sum standing to his credit in the Deposit Contributors Fund shall be dealt with accordingly. (3) The provisions of Section 46 shall not apply to any member of the Naval Reserves or of the Territorial Force who was not immediately before the commencement of service an insured person, and who within such time as the Admiralty or Army Council may determine elects not to become insured during the period of his service. Given under the Seal of Office of the Scottish Insurance Commmissioner-j this twelfth day of September in the year one thousand nine hundred and fourteen. (l.s.) //. L. F . Eraser, Assistant Secretary to the Scottish Insurance Commissioners, a person authorised by the said Commis- sioners to act on behalf of their Secretary. National Health Insurance of \f< n of Naval and Army 201 Reserves and Territorial Force (Ireland). 'I in. National 11kai.ui [nsubance (Naval and Armi Reserved \.m) Territorial Force) Regulations (Ireland), L914, DATED Sll'li \li.i i: Hi, 1914, BEING PROVISIONAL ReGI LATIONS MADE BY THE [RISE [NSURANCE COMMISSIONERS DNDEU si.( i k,.\ 46 I T ) (>)■ I III. N \ I ion M. I HS1 B \N< I. A< l . l!)l 1 i 1 & •J Geo. •">. c. 55), with respect to Mi-:n belonging to tile Naval Reserves, the Army Reserve, lnd the Territorial Force. The Irish 1 iism ;i ace Commissioners liereby certifj under Sec- tion 2 of the Hull's Publication Act, I893,(a) thai on accounl <»i urgency the following Regulations should coin*' into operation immediately, and in exercise of the powers conferred on them by sub-section (7) of Section 4G of the National Insurance Act, L911, lierebj make the following Regulations to come into operation forthwith as Provisional Regulations. 1. These Regulations may be cited as the National Eealth Insurance (Naval and Army Reserves and Territorial Force) Regulations (Ireland), 1914, and shall have effect as from the 1st day of August, 1914. 2. — (1) In these Regulations uuless the context otherwise requires the following expressions have the respective meanings hereby assigned to them: — •'The Act" means the National Insurance Act, 1911; " Reservist " means a man belonging to the Naval Reserves or to the Army Reserve, and includes a man of the Territorial Force; " Commencement of service" means in the case of Iveservist- the dates on which the Naval Reserves, the Army Reserve, and the Territorial Force become employed on service during war or any emergency, or are called out on permanent service, or are called out on embodi- ment respectively, and. in the case of a man who becomes employed on service in the Naval Reserves. or is called out on permanent service in the Army Reserve, or .joins the Territorial Force after those dates, means the date when he becomes so employed, or is called out or joins : " Discharge " includes any termination of service. (2) The Interpretation Act, 1889,(b) applies to the interpreta- tion of these Regulations as it applies to the interpretation of an Act of Parliament. 3. In the application of Section 46 of the Act as amended by the National insurance Act, 1914. ) The provisions of Section 40 shall not apply to any member of the Naval Reserves or of the Territorial Force who w T as not immediately before the commencement of service an insured person and who within such time as the Admiralty or Army Council may determine elects not to become insured during the period of his service. Given under the Seal of Office of the Irish Insurance Com- missioners this 16th day of September in the year one thousand nine hundred and fourteen. (l.s.) Pierce Kent, A person authorised by the Irish Insur- ance Commissioners to act on behalf of their Secretary. Xatimml Health Insurance of Men of Naval and Ann// 203 Reserves and Territorial Force (Wales). The National Bealth [nsi bance (Naval and Army Reserves and Territorial Force) Regulations (Wales), 1914, DATED SEPTEMBEB LI, L914, BEING PROVISIONAL REGULA- TIONS MADE BY THE WELSH [NSURANCE COMMISSIONERS [JNDEB SECTION Hi (7) AND SECTIONS 65 AND 82 01 CHE Nation \i. [nsi b \m i; A< t, L9J L (1 & 2 Geo. 5. - . 55), \\ mi respect to Men belonging to mi \'w\i. Reserves, the A inn Reserve, ^nd the Territorial Force. The Welsh [naurance Commissioners hereby certify under Sec- tin n 2 of the Rules Publication AH. L893,(») thai on account of urgency the following Regulations should coin.- into operation immediately, and in exercise of the power- conferred on them by sub-section (7) of Section 40 and Sections 65 and 82 of the National [nsurance Act, 1911, hereby make the following Regulations to come into operation forthwith as Provisional Regulations. r* 1. These Regulations may be cited as the National Eealth [nsurance (Naval and Army Reserves and Territorial Force) Regulations (Wales), 1914, and shall Lave effect as from the Lsl day of August. 1014. 2. — (1) In these Regulations unless the context otherwise requires the following expressions have the respective meanings liereby assigned to them: — "The Act" means the National [nsurance Act, 1911; " Reservist " menus a man belonging to the Naval Reserves or to the Army Reserve, and includes a man of the Territorial Force; " Commencement of service " means in the case of Reservists the dates on which the Naval Reserves, the Army Reserve, and the Territorial Force become employed on service during war or any emergency, or are called out on permanent service, or are called out on embodiment respectively, and, in the case of a man who becomes employed on service in the Naval Reserves, or is called out on permanent service in the Army Reserve, or joins the Territorial Force after those dates, means the date when lie becomes so employed, or is called out or joins; "Discharge" include- any termination of service. (2) The Interpretation Act, 1889, (b) applies to the interpreta- tion of these Regulations a- it applies to the interpretation of an Act of Parliament . 3. In the application of Section 4fi of the Act a- amended by the National [nsurance Act. 1913,(c) and of any Regulations(d) (a) 56 & 57 Vict. c. 66. (b) 52 & 53 Vict, c 63. (c) 3 & 4 Geo. 5. c. 37. (d~) As to Regulations made previously to. or not in direct consequence of, the War. see footnote (c) at p. 194 above. 204 National Health Insurance of Men of Naval and Army Reserves and Territorial Force (Wales). made thereunder and for the time being' in force (oilier than these Regulations), to reservists after the commencement of service; the following adaptations and modifications shall have effect : — {I) The commencement of service shall be treated as if it were the date of enlistment^ and, notwithstanding anything in sub- section (2) of Section 40 of the Act, the provisions of sub-section (3) of that section, as modified by these Regulations, shall, in the case of a reservist who has not joined an approved society before the commencement of service, apply immediately after that date. (2) The provisions of paragraph id) of sub-section (3) of Sec- tion 46 of the Act shall not apply to a reservist who was imme- diately before the commencement of service a deposit contributor, but any sum standing to his credit in the Deposit Contributors Fund shall be retained in that fund until the date of discharge. (3) Upon his discharge, paragraph (g) of sub-section (3) of Section 40 shall not apply, but if he does not become a member of the Navy and Army Insurance Fund under the provisions of paragraph (h) of sub-section (3) of Section 40, the value of the contributions paid by or in respect of him between the com- mencement of service and the date of discharge shall be carried to his credit in the Deposit Contributors Fund. (4) If after the date of discharge he becomes entitled to benefits out of the Xavv and Army Insurance Fund, he shall be treated as if the Xavv and Army Insurance Fund were an approved society and he had become a member of that Fund at the com- mencement of service, and any sum standing to his credit in the Deposit Contributors Fund shall be dealt with accordingly. (5) The provisions of Section 40 shall not apply to any member of the Naval Reserves or of the Territorial Force who was not immediately before the commencement of service an insured p< rson and who within such time as the Admiralty or Army Council may determine elects not to become insured during the period of his service. Given under the Seal of Office of the Welsh Insurance Com- missioners this 11th day of September in the year one thousand nine hundred and fourteen. (l.s.) Percy E. Watkins, A person authorised by the Welsh Insur- ance Commissioners to act on behalf of their Secretary. I. '.i <-i r/n/i no Services of Time-expired Sailors. 205 NAVY AND NAVAL RESERVES. Proclamation, dated A.TJGU6T '■'>, 1 ( J14, UNDEB SECTION 'J 01 THE Naval Enlistmeni Act, L853 (16 & IT Vict, c. 69) Extend- ing the Services of Timi.-exi'ired Men in tiie Royal N wv.(a) 1914. No. 1175. By the King. A Proclamation for Extending the Services of Time-expired Men in the Royal Navy. George R.I. Whereas by the ninth section of an Ail passed in the Session of Parliament holden in the Kith and 17th years of the Reign of Queen Victoria, intituled " An A« 1 to make better provision concerning the entry and service of Seamen and otherwise to amend the laws concerning Her Majesty's Navy," it is enacted that in case We shall by Proclamation call upon the seamen or any class or classes serving in Our Navy or such of them as may he required so to do to extend the term of their services, any sea- man to whom such Proclamation shall extend, and whose term of service shall have expired at the date of such Proclamation, or may expire while such Proclamation shall continue in force. shall lie required to serve for a period of five years from the expiration of such term, if his services be so long required, and shall he liable to serve accordingly, and shall for such extension of service be entitled to such bounty as may be given by such Proclamation : And whereas We, by and with the advice of Our Privy Council, deem it expedient to extend the service of all classes of men now serving in Our Navy whose term of service may have expired or may expire while this Proclamation shall continue in force: We, by and with the advice aforesaid, do hereby order and direct that all classes of men now serving in Our Navy whose term of service may have expired or may expire while this Proclama- tion shall continue in force shall be required to serve for a period of five years from the expiration of their respective terms of service, if their services be so long required. Each man whose service is extended is to receive a gratuity of three pounds ten shillings for clothing and bedding. Given at Our Court at Buckingham Palace, this Third day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. (a) This Order was published in the" London Gazette"of August 3rd, L914, being the 3rd Supplement to the Gazette oi July 31st ; in the "Edinburgh Gazette"of August 4th, 1914 ; and in fche"Dublin Gazette"of August 4 th, 191 i. 206 Naval Officers of Reserved and Retired Lists. Ordek in Council calling Officers of the Reserved and Retired Lists into Active Service and suspending Com- pulsory Retirement from the Active List. (a) At the Court at Buckingham Palace, the 3rd day of August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas there was this day read at the Board a Memorial from the Right Honourable the Lords Commissioners of the Admiralty, in the words following, viz. : - "Whereas we are of opinion that the present state of Public Affairs justifies Officers of the Reserve and Retired Lists being called into Active Service temporarily; we would humbly submit that Your Majesty will be pleased to autho- rize us to call on such Officers to hold themselves in readiness for Active Service, and to sanction our employing any of such Officers as we may think tit. We would also submit that compulsory retirement from the Active List on account of age be suspended in such cases as we think fit." His Majesty, having taken the said Memorial into considera- tion, was pleased, by and with the advice of His Privy Council, to approve of what is therein proposed. And the Right Honour- able the Lords Commissioners of the Admiralty are to give the necessary directions herein accordingly. Almeric FitzRoy. Proclamation, dated August 3, 1914, Calling out Men of the Royal Naval Reserve and Royal Fleet Reserve, and Officers and Men of the Royal Naval Volunteer Reserve. (b) 1914. No. 1176. By the King. A Proclamation for Calling out Men of the Royal Naval Reserve and Royal Fleet Reserve, and Officers and Men of the Royal Naval Volunteer Reserve. George R.I. Whereas, by the fourth section of the Royal Naval Reserve (Volunteer) Act, 1859, (c) it is enacted that it shall be lawful for (a) This Order was published in the " London Gazette " of August 4th, 1914, being the 5th Supplement to the Gazette of July 31st ; in the "Edinburgh Gazette" of August 5th, 1914, being the 1st Supplement to the Gazette of August 4th ; and in the " Dublin Gazette" of August 5th, 1914, being the 2nd Supplement to the Gazette of August 4th, 1914. ( b) This Proclamation was published in the " London Gazette " of August 3rd, 1914, being the 3rd Supplement to the Gazette of July 31st ; in the " Edinburgh Gazette" of August 4th, 1914 ; and in the " Dublin Garette " of August 4th, 1914. (c) 22 & 23 Vict. c. 40. CalHiiti out of Naval ft, .woes. 207 Us (in such occasions as We shall deem lit (the occasion being firs! communicated to Parliamenl it Parliamenl be Bitting or declared in Council and notified bj Proclamation it Parliamenl be aoi sitting or in being) to order and direel thai the Volunte* under thai Act, or so manj or such pari ol them as We may deem necessary, shall be culled into actual service: And whereas by the Royal Naval Reserve Volunteer Act, L896,(a) as amended by the Royal Naval Reserve Act. L902,(b) H is enacted that the power under the said Act oi L859 to raise and pay Volunteers may be exercised outside the British Islands in respect of Bril ish subjects : And whereas by the Naval Reserve Act, L900,(c) the Admiraltj are authorized to raise and keep up a new division, commonly known as the Royal Flee! Reserve, of the force raised under the said first recited Act in addition to the men raised under thai Act, and such new division is Liable to be railed oul as pari of the Royal Naval Reserve under the --aid fourth section of the s ; ,id Act of 1859: And whereas by the Naval Forces Act, L903,(d) it is provided thai the Admiralty may raise and maintain a force to be called the Royal Naval Volunteer Reserve, and that certain provisions of the said Act of 1859 (including the fourth section of thai Act) as amended by any subsequent enactment shall apply to the force so raised : And whereas by the first section of the Naval Reserve i Mobilisa- tion) Ad, ]!)()(), l'l\\\< l\l. SECRETARY. TO THE ADMIRALTY as TO SEPARA- TION ALLOWANI is TO THE WlVI.S AM) CHILDREN OF SKAMKN, Marines, and Reservists borne on the Books of E.M, Ships. It has been decided that, for the period of the present war, Separation Allowances are to be paid to the wives and children of all Naval ratings, Marines, and Reservists borne on the books of II. M. Ships, conditional upon allotments being declared bj i lie husbands from I heir pay. In framing the Scheme which follows, it has been deemed equitable to fix tlie amount of these new Separation Allowances ini the wife and children of the Seamen on a scale which differs from the Separation Allowances provided for the wife and children of the Soldier. In the first pi. ice, the Seaman — -especially when his opportunity for earning 1 non-substantive pay is considered — is, generally speaking, in a better position financially than the Soldier of corresponding- rank. In tire second place, the Seaman has open to him a better prospect of promotion to higher ratings than ihe Soldier. Then in considering the question of granting Separation Allow- ances, it is appropriate to take into account the fact that the great majority of married men already send their wives, under a long-established system, regular allotments or remittances from t heir pay month by month. Ordinar;, Seamen, of whom there are in the Fleet between 0,000 and 7,000, and who are in the main single- young men of about 19 years of age, are entitled out of pay to allot to dependent relatives up to a maximum of 25*. a month. The Able Seaman may be entitled to allot up to £2 bs. per month; and higher ratings are entitled to allot larger sums, the general rule being that in each case a man may allot up to within lbs. monthly of the total of the pay he receives. It appears at the present time that the average of the allotments declared -which by the close of the present month will reach a total number of 140,000, or thereabouts — is about £2 2s. per month. Although no actual data exist upon which an absolutely accurate statement can be framed, there can be no doubt that this total of allotments —to which total must be added from 7,000 to 10,000 remittances at present made from time to time dining the month in favour of dependent relatives does cover the very great majority of the wives of Seamen, and a consider- able number of aged fathers and mothers. Hut in view of the fact that the pay of the lowest ratings is, after all, not such as to permit the men to send anything in the nature of very substantial allotments to their wives and children, it has been decided, as already stated, to grant Separation Allow- ances in supplement of the contributions voluntarily made in support of their wives and children !>>/ the Seamen from their pay. 5750 O 210 Separation Allowance to Wives and Children of Sailors and Marines. Having regard, however, to the established system of allotments and remittances, it is considered just thai the receipt of these Separation Allowances shall be conditional upon the contribution in every case of a regular monthly allotment by the Seaman. This will disturb the existing practice but very slightly, since, as already stated, the very great majority of the Seamen do make regular allotments or remittances, the average of which ranges somewhere about a sum of 10s. per week. No hardship is involved in the suggestion that Seamen of the rating of A.B. and upwards, and Stokers 1st Class and upwards, should continue to make monthly allotments which work out at round about the figure of 10s. per week. But there may be married men of lower ratings — although the number cannot be very great — who have not found themselves in a position to allot so huge a sum. Though the minimum figure fixed for allotment —receipt of which will entitle to the payment of Separation Allowances — must not be taken as indicating either what the Seamen, generally speaking, have felt themselves able to do in the past, or will feel able to continue to do in the future, it has been decided that no Separation Allowances will be paid unless an allot men I of at least 20s. a month is declared . Subject to this proviso, the scale on which the new Separation Allowances will be paid is as follows : — Sailor. Marine on Ship's Books. Wife. Children. Mother- less Children. CLASS I. :— Ordinary Seaman . . . Able Seaman Leading Seaman ... 2nd Class Petty Officer, and equiv- alent ratings. Private Corporal ... Sergeant and equiv- alent ranks. Per week. Per week. 1st child, 2s. ... 2nd child, 2s. ... Subsequent chil- dren, Is. each. Per week. 3s. each. CLASS II. :— Petty Officer Petty Officer, 1st Class, and equiv- alent ratings. Colour - Sergeant and equivalent ranks. 7s. Ditto. Ditto. CLASS III. :— Chief Petty Officer and equivalent ratings. Quartermaster- Ser- geant and Staff- Sergeant. 8s. Ditto. Ditto. CLASS IV. Warrant Officer ... 9s. Ditto. Ditto. The payment in respect of children will be made to boys under 14 and girls under 16 years of age. Families now residing within the London Postal area will receive an additional allowance of . 9 f relieving the Seaman of any /nut of his obligation to wife and family, hut us an additional provision for the purpose of placing the {(inula in a more comfortable position, iiml of freeing tin Seaman from anxiety in respect of the condition of his dependants during the period of the war. It is Qot, therefore, to be contemplated thai i1 would be the wish of the Seaman, in consideration of the granl of this new Separation Allowance, to reduce the allotmenl he has fell called upon to make in the past. On the contrary, ii is assumed thai be will continue to make allotments on the scale hitherto declared, wherever those have been contributed ;i1 a level highei than the minimum which has now been fixed in order thai the case of the lowest paid married man may he met. The assumption finds substantia] foundation in the fact that the increase in (he Seaman's pay granted in December 1912 was followed by an increase in the number and amount of allotments declared. Further, the care and thoughtfulness of the sailor for his dependants is strikingly shown by the fact that since War was declared the number of allotments has practically doubled — a circumstance very largely due, of course, to the Mobilisation of the Reserve forces. These new Separation Allowances will, as stated, be paid week by week. They will be paid through local Post Offices by a method somewhat similar to that followed under the Old Ace Pensions Act. Application forms will be ^ent to those wives in whose favour allotments of at least 20s. a month have been declared, asking information as to their children, and as to the Post Office at which payment is desired. A tie; examination of the claim at the Admiralty, a " Certifi- cate of Identity ' will be sent to the payee, and ;i book of 13 Postal Drafts with the name of the payee on its cover will at tie- same time be sent to the Postmaster of the Office named on the application form. The wife will thus be able to obtain payment of one draft each week on presentation of her Certificate, which will lie stamped by the Post Office as each draft is cashed. The necessary authority for payment of the new Separation Allowances will be issued as soon as possible, and Allowances will be paid week />>/ week as from the 1st October to all persons who are then entitled to receive the same. The paymenl of allotments declared by the husband in each case will not be affected by the arrangement made for the pay- ment of the new Separation Allowances. Allotments will con- tinue, for the present at any rate, to be paid monthly. Admiralty, 22nd September 1914. 5750 (I •_» 512 Modifications of Arm)/ Act as applied to Naval Billeting. Naval Billeting.— Modifications effected in the Army Act \s aitlied to Naval Billeting by the Naval Billeting, &c, Act, 1914(a). 1914. No. 1468. Section 108a of the Army Act(b) and the other provisions of ihf Army Act relating to billeting shall, in their application to the billeting of officers and men of His Majesty's Forces borne on the books of any of His Majesty's ships in commission when cmplnjed on detached service in case of war or emergency, have effect as modified and set forth hereunder: — 108\. — (1) Where a Proclamation has been issued by His Majesty calling out all or any of the men of the Naval Reserves in case of war or emergency (c), the Admiralty may by Order, dis- tinctly stating that a case of emergency exists, authorise any commander-in-chief or flag officer whose flag is flying at any port or station in the United Kingdom to issue a billeting requisition. (2) Any officer so authorised may issue a billeting requisition under his hand reciting the said Order and requiring chief officers of police to provide billets in such places and for such number of officers and men, and their horses, and for such period, as may be specified in the requisition. (3) The provisions of this Act as to billeting shall apply to billeting under such a requisition as if for references therein to a route there were substituted references to such a requisition, subject, however, to the following modifications: — (a) The occupiers of all public buildings, dwelling-houses, warehouses, barns, and stables shall, as well as the keepers of victualling houses, be liable to billets, and the said provisions shall apply as if references to victualling houses and the keepers of victualling houses included references to such public buildings, dwelling-houses, warehouses, barns, and stables, and the occupiers thereof : {b) The powers and duties conferred or imposed on constables shall be exercised and performed by the chief officers of police, and accordingly for references to constables in the said provisions there shall be substituted refer- ences to the chief officers of police, and for the reference to a justice of the peace in subsection (7) of section one hundred and eight there shall be sub- stituted a reference to a court of summary jurisdiction, but a chief officer of police in selecting the persons required to provide billets, and in determining the number of officers and men to be billeted on any person (a) 4 & 5 Geo. 5. c. 70, printed at p. 28 above. (b) The Army Act (44 & 45 Vict. c. 58) has been repeatedly amended and lias in accordance with s. 8 (2) of the Army Annual Act, 1885 (48 & 49 Vict. c. 8), been printed with the amendments made down to the passing of the Army (Annual) Act 1914 (4 & 5 Geo. 5. c. 2), and such print has been put on sale. (c) See Proclamation of August 3rd, 1914, printed at p. 20G above. Modifications of Army Act as applied to Naval Billeting. 213 shall, so far as practicable, bave regard to the con- venience of the several occupiers, and shall ad in accordance with any general instructions which may bave been issued by I be police authority : (c) The prices to be paid to an occupier other than the keeper of a victualling bouse for accommodation furnished, and food and fodder supplied bj bim, shall be such as may be fixed by regulations made by the Adiniraltj with the consenl of the Treasury : (d) Subsection (2) of section one hundred and three (which defines a route), paragraph (6) of section one hundred and eighl (which relates to the power of a justice to vary a route) and paragraph (2) of Pari M. of the Second Schedule to the Army Act (which requires billets In be made out to the Less distant victualling houses) shall not apply. (4) Any regulations as to prices so made shall be laid before each House of Parliament as soon as may be after they are made, and if within forty days after they have been so laid either House presents an Address to His Majesty praying that any such regula- tions may be annulled, His Majesty may thereupon by Order in Council annul the same, and the regulations so annulled -hall thenceforth become void without prejudice to anything done thereunder in the meantime. (5) For the purposes of this section — The expression "public building' includes any building wholly or partially provided or maintained out of the rates, and any building to which the public habitually have access, whether on payment or otherwise; The expression " chief officer of police " (a) As respects the City of London, mean- the Com- missioner of City Police, and elsewhere in England has the same meaning as in the Police Act, 1890(a); (b) In Scotland has the same meaning as in the Police (Scotland) Act, 1890(b) ; (c) As respects the police district of Dublin metro- polis, means the Chief Commissioner of Police for that district, and elsewhere means a county inspector of the Royal Irish Constabulary. In the case of unoccupied premises this section shall apply as if the owner were the occupier thereof. (6) Compensation shall be paid by the Admiralty out of money voted by Parliament for naval services in respect of any damage caused by any officer or man billeted under this section to the premises in which he is billeted, and the amount id' such compen- sation shall in the event of disagreement he determined (a) in England by arbitration under the Arbitration Aid. 1889 ;(o) (b) in Scotland in the same manner as a question of disputed compensation under subsection (10) of section twenty- five of the Local Government (Scotland) Act, 1894 ;(d) (a) 53 & 54 Vict. c. 45. (b) 53 & 54 Vict. c. 67. (c) 52 & 53 Vict. c. 49. (d) 57 & 58 Vict. c. 58. 214 Modifications of Army Act as applied to Naval Billeting. (c) in Ireland by arbitration under the Common Law Pro- cedure Amendment Act (Ireland), 1856(a) as amended by any subsequent enactment. Provisions of Army Act applied by Section 108a thereof. 103. (1) Every chief officer of police being- in charge at any place in the United Kingdom mentioned in the billeting requisi- tion shall, on the demand of officer or other person in charge of party to be billeted, and on production of such billeting requisi- tion, billet on the occupiers of victualling houses and other premises specified in this Act in that place such number of officers, men, and horses entitled under this Act to be billeted as are mentioned in the billeting requisition and stated to require quarters. ***** (3) A billeting requisition purporting to be issued as required by this Act shall be evidence, until the contrary is proved, of its having been duly issued in pursuance of this Act, and if delivered to an officer or man by his commanding officer, shall be a suffi- cient authority to such officer or man to demand billets, and when produced by an officer or man to a chief officer of police, shall be conclusive evidence to such chief officer of police of the authority of the officer or man producing the same to demand billets in accordance with such billeting requisition. 104. — (1) The provisions of this Part of this Act with respect to victualling houses shall extend to all inns, hotels, livery stables, or alehouses, also to the houses of sellers of wine by retail, whether British or foreign, to be drunk in their own houses or places thereunto belonging, and to all houses of persons selling brandy, spirits, strong waters, cider, or methleglin by retail; and the occupier of a victualling house, inn, hotel, livery stable, alehouse, or any such house as aforesaid shall be subject to billets under this Act, and is in this Act included under the expression " keeper of a victualling house," and the inn, hotel, house, stables, and premises of such occupiers are in this Act included under the expression "victualling house." ***** 105.— (1) All officers and men of His Majesty's Naval forces; and (2) All horses belonging to His Majesty's Naval forces; * * shall be entitled to be billeted. 106. — (1) The keeper of a victualling house or occupier of oilier premises upon whom any officer, man, or horse is billeted shall receive such officer, man, or horse in his victualling house or premises, and furnish there the accommodation following; that is to say, lodging and attendance for the officer; and lodging, attendance, and food for the man ; and stable room and forage for tin horse, in accordance with the provisions of the Second Schedule to this Act. (2) Where the keeper of a victualling house or occupier of other premises on whom any officer, man, or horse is billeted desires, (a) 1*J & 20 Vict. c. 102. Modifications of Anna Act as applied to Naval Billeting. 215 by reason of his wanl of accommodation 01 of bis victualling house or premises being full or otherwise, to be relieved from the liability to receive such officer, man, or horse in his victualling bouse or premises, and provides £01 such officer, man, 01 horse in the immediate neighbourhood such good and sufficient accom- modation as he is required by this Act to provide, and as is approved by the chief officer of police issuing the billets, be shall be relieved from providing the same in his victualling house 01 premises. (3) There shall be paid to the keeper of a victualling house or occupier of other j. remises for the accommodation furnished by him in pursuance of this Act the prices for the time being authorised in this behalf by the regulations made in that behalf. (4) Au officer or man demanding billets in pursuance of this Act shall, before he departs, and if he remains longer than foui days, at least once in every four days, pay the just demands of every keeper of a victualling house or occupier of other premise- on whom he and any officers and men under his command, and his or their horses (if any) have been billeted. (5) If by reason of a sudden order to march, or otherwise, an officer or man is not able to make such payment to any keeper of a victualling house or occupier of other premises as is above required, he shall before he departs make up with such keeper of a victualling house or occupier of other premises an account of the amount due to him, and sign the same, and forthwith transmit the account so signed to . the Admiralty, who shall forthwith cause the amount named in such account as due to be paid. 107. — (1) The police authority for any place may cause annually a list to be made out of all keepers of victualling houses and ocupiers of other premises within the meaning of this Acl in such place, or any particular part thereof, liable to billet'' under this Act, specifying the situation and character of each victualling house or premises, and the number of men and horses who may be billeted on the keeper or occupier thereof. (2) The police authority shall cause such list to be kept at some convenient place open for inspection at all reasonable times by persons interested, and any person who feels aggrieved either by being entered in such list, or by being entered to receive an undue proportion of officers, men, or horses, may complain to a court of summary jurisdiction, and the court, after such notice as the court think necessary to persons interested, may order the list to be amended in such manner as the court may think just. 108. The following regulations shall be observed with respect to billeting in pursuance to this Act; that is to say: — (1) No more billets shall at any time be ordered than there are effective officer-, men, and horses presenl to be billeted : (2) All billets, when made ont by the chief officer of police, shall be delivered into the hands of the officer or other person in charge of the party presenting the billeting requisition, or of some officer or man authorised by such officer or person in charge : 21 fi Modifications of Army Act as applied to Naval Billeting. (3) If a keeper of a victualling house or occupier of other premises feels aggrieved by having an uutlue propor- tion of officers, uien, or horses billeted on him, he may apply to a justice of the peace, or if the billets have been made out by a justice may complain to a court of summary jurisdiction, and the justice or court may order such of the officers, men or horses to be removed and to be billeted elsewhere as may seem just : (4) A chief officer of police having authority in a place men- tioned in the billeting requisition may act for the purposes of billeting in any locality within one mile from such place, unless some chief officer of police ordinarily having authority in such locality is present and undertakes to billet therein the due proportion of officers, men, and horses : (5) The regulations with respect to billets contained in the Second Schedule to this Act shall be duly observed by the chief officer of police : ***** (7) A court of summary jurisdiction may require a chief officer of police to give an account in writing of the number of officers, men, and horses billeted by such chief officer of police, together with the names of the keepers of victualling houses and occupiers of other premises on whom such officers, men, and horses are billeted, and the locality of such victualling houses and other premises. Offences in relation to Billeting. 30. Every person subject to the Naval Discipline Act(a) who commits any of the following offences (in this Act referred to as offences in relation to billeting) ; that is to say, (1) Is guilty of any ill-treatment, by violence, extortion, or making disturbances in billets, of the occupier of a house in which any person or horse is billeted ; or (2) Being an officer, refuses or neglects, on complaint and proof of such ill-treatment by any officer or man under his command, to cause compensation to be made for the same ; or (3) Fails to comply with the provisions of this Act with respect to the payment of the just demands of the person on whom he or any officer or man under his command, or his or their horses have been billeted, or to the making up and transmitting of an account of Ihe money due to such person; or (a) The Naval Discipline Act (29 & 30 Vict. c. 109) was amended by the Naval Discipline Act, 1884 (47 & 48 Vict c. 39), and the Naval Discipline Act, 1903 f.t Edw. 7. c. 41), and section 7(2) of the 1884 Act and section 2 (2) of the 1909 Act provide for all copies of the Naval Discipline Act being printed as so amended. Modifications of A nun Art as applied to Naval Billeting. 217 (4) Wilfully demands billets which are noi actually required for some person or horse entitled to be billeted; or (5) Takes or knowinglj suffers to be taken from any person any money or reward for excusing or relieving anj person from bis liability in reaped of the billeting or quartering of officers, men, or horses, or any pari of such liability ; or (G) Uses or offers any menace to or compulsion on a chief ntHcer of police or other civil officer to make bim give billets contrary to this Act, or tending to deter oi discourage bim from performing any pari of his duty under the provisions of this Ad relating to billeting, or tending to induce him to do anything contrary to bis said duty; or (7) Uses or offers anj menace to or compulsion on any person tending to oblige him to receive, without his consent, any person or horse nol duly billeted upon him in pursuance of the provisions of this Act relating to billeting, or to furnish any accommodation which he is not thereby required to furnish, shall, on conviction summarily or by court-martial, be liable to dismissal from His Majesty's service with disgrace or such other punishment inferior in degree as is mentioned in section fifty-two of the Naval Discipline Act. 109. It a chief officer of police commits any of the offences following'; that is to say, — (1) Billets any officer, man, or horse, or any person not liable to billets without the consent of such person ; or (2) Receives, demands, or agrees for any money or reward whatsoever to excuse or relieve a person from being entered in a list as liable, or from his liability to billets, or from any part of such liability: or (3) Billets or quarters on any person or premises, without the consent of such person or the occupier of such premises, any person or horse not entitled to be billeted ; or (4) .Neglects or refuses after sufficient notice is given to give billets demanded for any officer, man, or horse entitled to be billeted; he shall, on suinmarv conviction, be liable to a fine of not less than forty shillings and not exceeding ten pounds. 110. If a keeper of a victualling house or occupier of other premises commits any of the offences following: that is to say, — il) Refuses or neglects to receive any officer, man. or horse billeted upon him in pursuance of this Act, or to furnish such accommodation as is required by tin- Act; or (2) (lives or agrees to give any money or reward to a chiei officer of the police to excuse or relieve him from being entered in a list as Liable, or from his liability to billets, or any part of such liability; or 218 Modifications of Army Act as applied to Naval Billeting. (3) Gives or agrees to give to any officer or man billeted upon him in pursuance of this Act any money or reward in lieu of receiving ;l n officer, man, or horse, or furnish- ing the said accommodation; be shall, on summary conviction, be liable to a tine of not less than forty shillings and not exceeding five pounds. 111. — (1) If any officer quarters or causes to be billeted any officer, man, or horse, otherwise than is allowed by this Act upon any person, he shall be guilty of a misdemeanour. (2) If any officer or man commits any offence in relation to billeting for which he is liable to be punished under Part One of this Act, other than an offence in respect of which any other remedy is given by this part of this Act to the person aggrieved, he shall, upon summary conviction, be liable to a fine not exceed- ing fifty pounds. (3) A certificate of a conviction for an offence under this section shall be transmitted by the court making such conviction to the Admiralty. 119. — (1) The following persons ; that is to say, — (a) If any officer or man fails to comply with the provisions of this part of this Act with respect to the payment of a sum due to a keeper of a victualling house or the occupier of other premises, or to the making up of an account of the sum due, the person to whom the sum is due; or (b) If a keeper of a victualling house, or the occupier of other premises suffers any ill-treatment by violence, extortion, or making disturbance in billets from any officer or man billeted upon him, the person suffering such ill-treatment, but, when there is an officer com- manding such officer or man present at the place only after first making due complaint, if practicable to such commanding officer, may apply to a court of summary jurisdiction, and such court, if satisfied on oath of such failure or such ill-treatment, and of the amount fairly due to the applicant, including the costs of his application to the court of summary jurisdiction, shall certify the same to the Admiralty, who shall forthwith cause the amount due to be paid. (2) Provided that the Admiralty, if it appear to them that the ;i mount named in such certificate is not justly due, or is in excess of the amount justly due, may direct a complaint to be made to ;i court of summary jurisdiction for the county, borough, or place for which the court giving the certificate acted, and the court after hearing the case may by order confirm the said certificate, or vary it in such manner as to the court seems just. 120. — (I) A chief officer of police shall observe the directions given to him for the due execution of this part of this Act by the police authority ; and the police authority, or any member thereof, and every justice of the peace may, if it seem necessary, and in the absence of a chief officer of police shall, themselves or Modifications of Army Act as applied to Naval Billeting. 219 himself exercise the powers and perform the duties bj this pari of thie Ad seated in or imposed on a chief officer of police, and in such cast' every such person is in this pari of this A(1 included iii the expression "chief officer of police." (2) A person having or executing any naval office or commi sion in any pari of the United Kingdom shall not, directly or indirectly, be concerned, as a justice or chiei officer oi police, in the billeting of or appointing quarters for any officer or man, ot horse of the force, or part of the force, under his immediate com- mand, and all warrants, acts, and things made, done, and appointed by such person for or concerning the same shall he void. 121. I f any person— # (1) Forges or counterfeits any billeting requisition, or knowingly produces to a justice or chief officer of police any billeting requisition so forged or counter- feited ; or {2) Personates or represents himself to be an officer or man authorised to demand any billet, or to be entitled to be billeted, or to have his horse billeted ; or (3) Produces to a justice or chief officer of police a billeting requisition which he is not authorised to produce, or a document falsely purporting to be a billeting requisition, he shall be liable, on summary conviction, to imprisonment for a period not exceeding three months, with or without hard labour, or to a fine not less than twenty shillings and not more than five pounds. SECOND SCHEDULE. BILLETING. Part I. Accommodation to be Furnished by Keeper of Victualling House or Occupier of other Premises. A keeper of a victualling house or occupier of other premises on whom any officer, man, or horse is billeted — (1) Shall furnish the officer and man with lodging and attendance; and CM Shall, if required by the man, furnish him tor every day of the march, and for not more than two days, if the man is halted at an intermediate place en the inarch for more than two days, and on the day of arrival at the place of final destination, with breakfast, hot dinner, and supper en each day, such meals to consist of such quantities oi food and drink as may from time to time be fixed by Admiralty Regulations, not exceeding— (a) For breakfast, six ounces of bread, one pint of tea with milk and sugar, four ounces of bacon ; (b) For hot dinner, one pound of meat previous to l>eing dressed, eight ounces of bread, eight ounces of potatoes or other vegetables, one pint of beer or mineral water of equal value ; (c) For supper, six ounces of bread, one pint of tea with milk and sugar, two ounces of cheese; and 220 Modifications of Army Act as applied to Naval Billeting. (3) When a man is not so entitled to be furnished with " a meal," shall furnish the man with candles, vinegar, and salt, and allow him the use of fire, and the necessary utensils for dressing and eating his meat : and (4) Shall furnish stable room and ten pounds of oats, twelve pounds of hay, and eight pounds of straw on every day for each horse. For the purposes of tins part of this Schedule the expression " furnished with lodging " shall include the provision of a separate bed for each officer and man. Part II. Regulations as to Billets. (1) When the men are on the march the billets given shall, except in ease of necessity ur of an order of a. justice of the peace, he upon victualling houses or other premises, in or within one mile from the place mentioned in the billeting requisition. ***** (3) Except in case of necessity; where horses are billeted, each man and his horse shall be billeted on the same victualling house or other premises. (4) Except in case of necessity, one man at least shall be billeted where there are one or two horses, and two men at least where there are four horses, and so in proportion for a greater number. (5) Except in case of necessity, a man and his horse shall not be billeted at a greater distance from each other than one hundred yards. (6) When any men with their horses are billeted upon the keeper of a victualling house or occupier of other premises who lias no stables, on the written requisition of the officer or other person in charge of the party to be billeted the chief officer of police shall billet the men and their horses, or the horses only, on the keeper of some other victualling house or occupier of other' premises who has stables, and a court of summary jurisdiction upon complaint by the keeper of the last-mentioned victualling house or occupier of the last-mentioned premises may order a proper allow- ance to be paid to him by the keeper of the victualling house or occupier of other premises relieved. (7) An officer demanding billets may allot the billets among the men under his command and their horses as he thinks most expedient for the public service, and may from time to time vary such allotment. (8) The officer or other person in charge of the party to be billeted may, where it is practicable, require that not less than two men shall be billeted in one house. Naval Requisitions of Emergency — Modifications effected in the Army Act as applied to Naval Requisitions of Emergency by the Naval Billeting, &c. Act, 1914. (a) 1914. No. 1469. Section 115 of the Army Act(b) and the oilier provisions of the Army Act relating to the impressment of carriages and other things applied by that section, shall, in their application to the impressment of carriages, animals, vessels, aircraft, food, forage, and stores, required for the purposes of officers and men of His (a) 4 & 5 Geo. 5. <• 70, printed at p. 28 above. (b) The Army Act (44 & 45 Vict. c. 58) has been repeatedly amended and has in accordance with s. 8 (2) of the Army Annual Act, 1885 (48 & 49 Vict. c. 8) been printed with the amendments made down to the passing of the Army (Annual) .Act, 1914 (4 & 5 Geo. 5. c. 2), and such print has been put on sale. Modifications of Army Act as applied to Naval 221 Requisitions of Emergency. Bfajestj 'a Naval Forces borne on the books of anj of II i- Majestj ships in commission when employed on detached Bervice in case of war or emergency, have effecl as nitxi i fi«-«l and se1 forth hereunder. 115. (1) Where a Proclamation has been issued by lli- Majesty calling out all or any of the men of the \aval Reserve in case of war or emergency, (*) the Admiralty may by order distinctly stating that a case of emergency exists authorise any commander-in-chief or lag officer whose flag is flying at any pori or station in the United Kingdom to issue a requisition of emergency. (2) The officer so authorised may issue a requisition of emer- gency under his hand reciting the said order, and requiring justices of the peace to issue their warrants for the provision, for the purpose mentioned in the requisition, of such carriages and animals as may he provided under the foregoing provisions, and also of carriages of every description (including motor cars and other locomotives, whether for the purpose of carriage or haulage), and of horses of every description, whether kept for saddle or draught, and also of vessels (whether boats, barges, or other) used for the transport of any commodities whatsoever upon any canal or navigable river and also of aircraft of every description, and also of food, forage, and stores of every description. (3) A justice of the peace, on demand by an officer of the portion of His Majesty's naval forces mentioned in a requisition of emergency, or by an officer of the Admiralty authorised in this behalf, and on production of the requisition, shall issue his warrant for the provision of such carriages, animals, vessels, aircraft, food, forage, and stores as are stated by the officer producing t lie requisition of emergency to be required for the purpose mentioned in the requisition; the warrant shall be executed in the like manner, and all the provisions of this Act as to the provision or furnishing carriages and animals, including those respecting fines on officers, justices, constables, or owners of carriages or animals, shall apply in like manner as in the case where a justice issues, in pursuance of the foregoing provisions of this Act, a warrant for the provision of carriages and animals, and shall apply to vessels, aircraft, food, forage, and stores, as if the expression carriages included vessels, aircraft, food, forage, and stores. (3a) A requisition of emergency may authorise any officer mentioned therein to require any carriages and horses furnished in pursuance of this section to be delivered at such place (no! being more than one hundred miles in the case of a motor car or other locomotive, and not being more than ten miles in the case of any other carriage or horse, from the premises of the owner) and at such time as may be specified by any officer mentioned in the requisition, and in such case it shall be the duty of a constable executing a warrant issued by a justice ol the peace under this section upon the demand of an officer producing the requisition of emergency to insert in his order such time and (a) See Proclamation of August 3rd, 1914, printed at p. 206 above. 222 Modifications of Army Act as applied to Naval Requisitions of Emergency. place for delivery of any vehicle or horse to which the order relates as may be specified by such officer, and the obligation of owners to furnish carriages and horses shall include an obligation to deliver the carriages and horses at such place and time as may be specified in such order, and the provisions of this Act shal have effect as if references therein to the furnishing of carriages and horses included, as respects any such carriage or horse as afore- said, delivery at such time and place as aforesaid. (4) The Admiralty shall cause due payment to be made for carriages, animals, vessels, aircraft, food, forage, and stores, furnished in pursuance of this section, and any difference re- specting the amount of payment for any carriage, animal, vessel, aircraft, food, forage, and stores, shall be determined by a county court judge having jurisdiction in any place in which such car- riage, animal, vessel, aircraft, food, forage, and stores, was furnished or through which it travelled in pursuance of the requisition. (5) Canal, river, or lock tolls are hereby declared not to be demandable for vessels while employed in any service in pur- suance of this section or returning therefrom. And any toll collector who demands or receives toll in contravention of this exemption shall on summary conviction, be liable to a fine not exceeding five pounds nor less than ten shillings. (6) A requisition of emergency, purported to be issued in pur- suance of this section and to be signed by an officer therein stated to be authorised in accordance with this section, shall be evidence, until the contrary is proved, of its being duly issued and signed in pursuance of this Act, and if delivered to an officer of His Majesty's naval forces or of the Admiralty shall be a sufficient authority to such officer to demand carriages, animals, vessels, aircraft, food, forage, and stores, in pursuance of this section, and when pro- duced by such officer shall be conclusive evidence to a justice and constable of the authority of such officer to demand, carriages, animals, vessels, aircraft, food, forage, and stores, in accordance with such requisition ; and it shall be lawful to convey on such carriages, animals, vessels, and aircraft, not only the baggage, provisions, and naval stores of the detachments mentioned in the requisition of emergency, but also the officers, men, servants, and other persons of and belonging to the same. (7) The order of the Admiralty authorising an officer to issue a requisition of emergency may authorise him to extend such requisition to the provision of carriages, animals, vessels, aircraft, food, forage, and stores, for the purpose of being purchased, as well as of being hired, on behalf of the Crown. (8) Where a justice, on demand by an officer and on production of a requisition of emergency, has issued his warrant for the provision of any carriages, animals, vessels, aircraft, food, forage, and stores, and any person ordered in pursuance of such warrant to furnish a carriage, animal, vessel, aircraft, food, forage, or stores, refuses or neglects to furnish the same according to the order, the said officer may seize (and if need be by force) the said carriage, animal, vessel, aircraft, food, forage, or stores, and may use the Modifications of Army Art ns applied to Naval 223 Requisitions of Emergency. same in like manner as if it Lad been furnished in pursuance of the order, but the said person shall be entitled to paymenl for the same in like manner as if he had duly furnished tin* same accord- ing 1 t<> the order. Other Provisions of tin Army Act applied by Section 115 thereof. 112. — (1) The constable or constables shall execute such warrant, and persons having carriages, animals, vessels, aircraft, food, forage, or stores suitable for the said purpose shall, when ordered by a constable in pursuance o\ 3uch warrant, furnish the same in a state fit for use. ******* (4) The warrant ordering carriages, animals, drivers, vessels, aircraft, food, forage, or stores to be provided shall specify the number and description thereof, and also, when not required to be provided for the purpose of being purchased, the places from and to which the same are to travel, and the distances between Buch places. ******* (6) A fee of one shilling' and no more shall be paid for the warrant by the officer applying for the same and shall be paid to the clerk of the justice. Offences in relation to Impressment of Carriages, Sfc. 31. Every person subject to the Naval Discipline Act(a) who commits any of the following offences (in this Act referred to as offences in relation to the impressment of carriages) ; that is to Ba y> (1) Wilfully demands any carriages, animals, vessels, air- craft, food, forage or stores, which are not actually required for the purposes authorised by this Act; or ***** (3) Constrains any carriage, animal, or vessel furnished in pursuance of the provisions of this Act relating to the impressment of carriages to travel against the will of the person in charge thereof beyond the proper distance, or to carry against the will of such person any greater weight than he is required by the said provision to carry; or (4) Does not discharge as speedily as practicable any carriage, animal, vessel, or aircraft furnished in pur- suance of the provisions of this Act relating to the impressment of carriages; or (a) The Naval Discipline Act (20 & 30 Vict. c. 109) was amended by the Naval Discipline Act. 1884 (47 & 48 Vict. c. 30), and fche Naval Discipline Act, 1909 (9 Edw. 7. c. 41), and Ejection 7 (2) of the 1884 Act and section 2 [2) of the 1000 Act provide for all copies of the Naval Discipline Act being printed as so amended. 224 Modifications of Army Act as applied to Naval Requisitions of Emergency. (5) Compels the person in charge of any such carriage, animal, vessel, or aircraft, or permits him to be com- pelled, to take thereon any baggage or stores not entitled to be carried, or, except where the carriage or animal is furnished upon a requisition of emergency, to take thereon any man or servant (except such as arc sick), or any woman or person; or (0) Ill-treats or permits such person in charge to be ill- treated ; or (7) Uses or offers any menace to or compulsion on a constable to make him provide any carriage, animal, vessel, aircraft, food, forage or stores, which he is not bound in pursuance of the provisions of this Act relating to the impressment of carriages to provide, or tending to deter or discourage him from performing any part of his duty in relation to the providing of carriages, animals, vessels, aircraft, food, forage or stores, or tending to induce him to do anything contrary to his said duty; or (8) Forces any carriage, animal, vessel, aircraft, food, forage or stores, from the owner thereof, shall, on conviction summarily or by court-martial, be liable to dismissal from His Majesty's service with disgrace or such other punishment inferior in degree as is mentioned in section fifty -two of the Naval Discipline Act. 116. Any constable who — (1) Neglects or refuses to execute any warrant of a justice, requiring him to provide carriages, animals, vessels, aircraft, food, forage or stores; or (2) Receives, demands, or agrees for any money or reward whatsoever to excuse or relieve any person from being entered in a list as liable to furnish, or from being required to furnish, or from furnishing any carriage, animal, vessel, aircraft, food, forage or stores; or (•'!) Orders any carriage, animal, vessel, aircraft, food, forage or stores, to be furnished for any person or pur- pose or on any occasion for and on which it is not required by this Act to be furnished, shall, on summary conviction, be liable to a fine of not less than twenty shillings nor more than twenty pounds. 117. A person ordered by any constable in pursuance of this Act to furnish a carriage, animal, vessel, aircraft, food, forage or stores who <]) Refuses or neglects to furnish the same according to the orders of such constable and this Act; or (2) Gives or agrees to give to a constable or to any officer any money or reward whatsoever to be excused from being entered in a list as liable to furnish, or from being required to furnish, or from furnishing, or in lieu of furnishing, any carriage, animal, vessel, aircraft, food, forage or stores in pursuance of this Act; or Modifications of A run/ Act as applied to Vaval 225 Requisitions <>/ Emergency. (3) Docs any ad or thing bj which the execution oi any warrant or order for providing or furnishing carriag< animals, vessels, aircraft, food, forage, or stores i- hindered, shall, on Bummary conviction, be Liable to pay a fine of qo1 l< than forty shillings nor more than ten pound-. 118. — (1) Any officer or man who commits any offence in rela- tion to the impressment of carriages for which he is liable to hi punished under Pari One of the Naval Discipline Ah. other than an offence in respect of which any other remedy is given by this part of (his Acf fo the person aggrieved, shall, on summary con- viction, be Liable to a fine not exceeding fifty pounds nor less than forty shillings. (2) A certificate of a conviction for an offence under this section shall be transmitted by the court making such conviction to the Admiralty. 119. — (1) The following persons; that is fo gay, — () shall be that specified in the First Schedule to these Rules. An application under this section musl be made on Patents Form No. 36 contained in the Second Schedule to these Rul and shall be filed al the Patenl < Iffice. The Board of Trade may at any time, in their absolute dis- cretion, revoke any avoidance or suspension of any patenl or licence ordered by them. For the purpose of exercising in any case the powers of avoid- ing or suspending a patenl or licence, the Hoard of Trade may appoint such person or persons as they shall think fit to hold an inquiry. Any application to the Hoard for the avoidance or suspension of any patent or licence may be referred for hearing and inquiry to such person or persons \\ ho shall report thereon to the Board. Provided always that the Hoard of Trade may at any time, if in their absolute discretion they deem it expedient in the public interest, order the avoidance or suspension in whole or in part of any such patent or licence upon such terms and conditions, if any, as they may think fit. 2.(c) The Comptroller may, at any time during the continuance of these Rules, avoid or suspend any proceedings on any applica- tion made under the Patents and Designs Act, 1907, and the Trade Marks Act, 1905, by a subject of any State at Avar with His Majesty. :'».(c) The Comptroller may also at any time during the con- tinuance of these Rules extend the time prescribed by the Patents and Designs Act, 1907, or the Trade Marks Act, 1905, or any Pules made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely: — (a) Where it is shown to his satisfaction that the appli- cant, patentee, or proprietor, as the case may be, was prevented from doing the said act, or filing the said document, by reason of active service or enforced absence from this country, or any other circumstances arising from the present state of war, which, in the opinion of the Comptroller, would justify such extension : (a) 7 Edw 7, c. 29. (b) ;"• Edw. 7, c. 1.".. (c) As to the procedure under Rules 2 and 3, see Notice of August 21st, 191 1. printed at p. 229, below. 5760 T 2 228 Patents. Designs, and Trade Marl* (Temporary) Rules, 1914. (h) "Where the doing of any act would, by reason of the circumstances arising from the present state of war. be prejudicial or injurious to the rights or interests of any applicant, patentee or proprietor as aforesaid. 4. The term " person " used in these Rules shall, in addition to the meaning given thereto by Section 19 of the Interpretation Ar-t. 1889. Majesty, and the Board, before granting any such application, may require to be satisfied on the following heads : — (a) That the proprietor is the subject of a State at war with If is Majesty ; (/>) That the person applying intends to manufacture, or cause to be manufactured, the ^ I- or an\ of them in respect of which the Trade Mark is registered ; (c) That it is in the general interests of the country or of a section of the community, or of ;i trade, thai the registration of the Trade Mark should be so avoided or suspended. The fee to be paid on any such application shall be that specified in the First Schedule to these Rules. An application under this section must be made on Form T.M. No. 36 contained in the Second Schedule to these Rules, and shall be filed at the Patent Office. The Board of Trade may at any time, in their absolute dis- cretion, revoke any avoidance or suspension of any registration of a Trade Mark ordered by them. For the purpose of exercising in any case the powers of avoiding or suspending the registration of a Trade Mark the Board of Trade may appoint such person or persons as they shall think fit to hold an enquiry. Any application to the Board for the avoidance or suspension of any registration of a Trade Mark may be referred for hearing and inquiry to such person or persons who shall report thereon to the Board. Provided always that the Board of Trade may at any time, if in their absolute discretion they deem it expedient in the public interest, order the avoidance or suspension in whole or in part of any such registration of a Trade Mark upon such terms and conditions, if any, as they may think fit. 2. The term " person " used in these Rules shall, in addition to the meaning given thereto by Section 19 of the Interpretation Act, 1889, (a) include any Government Department. 3. All things required or authorized to be done by to or before the Board of Trade may be done by to or before the President or a Secretary or an Assistant Secretary of the Board, or any person authorized in that behalf by the President of the Board. All documents purporting to be Orders made by the Board of Trade and to be sealed with the seal of the Board or to be signed bv a Secretary or an Assistant Secretary of the Board or l>\ any person authorized in that behalf by the Presidenl of the Board shall be received in evidence and shall be deemed to be such order- without further proof unless the contrary is shown. A certificate signed by the Presidenl of the Board of Trade that any order made or act done i> the order or act of the Board shall be conclusive evidence of the fact so certified. (a) 52 & b'6 Vict. c. 63. 232 Trade Marks (Temporary) Rules, 1914. 4. These Kules shall be called the Trade Marks (Temporary) Rules. 1914. and shall come into operation as and from the Seventh day of August, 1914. Dated the 21st day of August, 1914. Walter Ritiiciman, President of the Board of Trade. First Schedule. Fee payable on application under Rule 1 to Board of Trade to £ s. d. avoid or suspend the registration of a Trade Mark 2 U Dated the 21st day of August, 1914. Walter Runciman, President of the Board of Trade. Approved :- W. Wedgwood Benn, William Jones, Lords Commissioners of His Majesty's Treasury. TRADE MARK Second Schedule. Form T.M. A». 36. Patents, Designs, and Trade Marks (Temporary Rules) Act, 1914. (a) I (or We) : — (a) Here in- sert (in full) name, address, , and descrip- tion or — — calling of person or per- — . — — sons applying. hereby request the Board of Trade to order the avoidance or suspension of the (6j Here insert registration of Trade Mark No. (b) registered in Class number and £ r _ i las-- iii which 'I ... Il "|£ered. I >ated tins day of (Signed) Dated the 21st day of August 1914. Walter Runciman, President of the Board of Trade Designs (Temporary) Rules, 1914. 233 The Designs (Temporary) Rules, 1914. Dated September 5, 1914. 1914. No. 1327. By virtue of the provisions of Hi*- Patents, Designs, and Trade Marks (Temporary Rules) A.cts, L914,(a) the Hoi.nl of Trade hereby make the following Rules: — l.(b) The Board of Trade may, on the application of any person, and subject to such terms and conditions, if any, as they may think fit, order the avoidance or suspension of the registration and all or any rights conferred by the registration of any Design the proprietor whereof is a subject of any State at war with Jli Majesty, (c) and the Board, before granting any such application, may require to be satisfied on the following heads: — (a) That the proprietor is the subject of a State at war with His Majesty ; (h) That the person applying intends to manufacture, or cause to be manufactured . the goods or any of them in respect of which the Design is registered ; (c) That it is in the general interests of the country or of a section of the community, or of a trade, that the avoidance or suspension should be ordered. The fee to be paid on any such application shall be that specified in the First Schedule to these Rules. An application under this section must be made on Form Designs No. 36 contained in the Second Schedule to these Rules, and shall be tiled at the Patent Office. 'The Board of Trade may at any time, in their absolute dis- cretion, revoke any avoidance or suspension ordered by them. Voi I he purpose of exercising in any case their powers of avoidance or suspension the Board of Trade may appoint such person or persons as they shall think fit to hold an inquiry. Any application to the Board for any such avoidance or sus- pension may be referred for hearing and inquiry to such person or persons who shall report thereon to the Board. Provided always that the Board of Trade may at any time, if in their absolute discretion they deem it expedient in the public interest, order the avoidance or suspension of any such registra- tion and all or any rights conferred by the registration of a Design upon such terms and conditions, if anv, as they may think fit. (a) i.e., the First Act 4 i 5 Geo. 5 e. 27 printed at p. 12 above, and the Amendment Act, 1914 (4 & 5 Geo. 5 c. 73), printed at p. 30 above, which retrospectively amended the First Act. The substantive provisions of the Acts are printed in consolidated form in Appendix D at the end of this Manual. (b) As to the procedure to be followed under Rule 1. see Notice of September 7th, printed at p. 235 below. (c) As to grant of Board of Trade Licences in eases where tins power is exercised in favour of persons other than subjects of Enemy States, see the Patents and Designs (Temporary Rules) 1914, printed at p. 23t> below. 234 Designs {Temporary) Rules, 1914. •J. The term " person " used in these Rules shall, in addition to the meaning given thereto by Section 19 of the Interpretation Act, 1889, (a) include any Government Department. 3. All things required or authorised to be done by to or before the Board of Trade may be done by to or before the President or a Secretary or an Assistant Secretary of the Board, or any person authorized in that behalf by the President of the Board. All documents purporting to be Orders made by the Board of Trade and to be sealed with the seal of the Board or to be signed by a Secretary or an Assistant Secretary of the Board or by any person authorized in that behalf by the President of the Hoard shall be received in evidence and shall be deemed to be such orders without further proof unless the contrary is shown. A certificate signed by the President of the Board of Trade that any order made or act done is the order or act of the Board shall be conclusive evidence of the fact so certified. 4. These Pules shall be called the Designs (Temporary) Rules, 1914. and shall come into operation as and from the 5th day of September, 1914. Dated the 5th day of September, 1914. Walter Runciman, President of the Board of Trade. First Schedule. Fee payable on application under Rule 1 to Board of Trade to £ s. d. avoid or suspend the registration of a Design 2 Dated the 5th day of September, 191 1. Waller Runciman, President of the Board of Trade. Approved ;•— . Wedgwood Benn, Will in, a Junes, Lords Commissioners of His Majesty's Treasury. (a) 52 & 53 Vict. c. G3. Procedure as 16 Alien Enemies under Rule 1 of the Patents, Trade Marks, and Designs {Temporary) Ruh 235 :signs £2. Second Scfu dule. Fur in Designs No. 36. Patents, Designs and Trade Marks (Temporary Rules) A< rs, 1914. Berein- ( a ) 1 (,„ Wo {in full) ■, addreSH, lescrip- or |g of >n or per- applying. hereby request the Board of Trade to order the avoidanco or suspension oi the Here insert registration of Design No. (b) registered in Class b,r :u ," 1 . for in winch )esij;n is Sered. Dated tliis _day of (Signed) Dated the "'tli day of September, L914. WalU r lunh innin. President of the Board of Trade. Notice dated Septembee 7, 1914, as to Procedure to he followed inder rule 1 of the patents, designs, and Trade Marks (Temporary) Rules, (») the Trade Marks (Temporary) Rules, (b) and the Designs (Temporary) Rules, 1914. (c) Alien Enemies. (1.) A copy of the application wlieu received will be at once sent to the address for service in the United Kingdom given by the patentee, licensee, or proprietor of the design or trade mark, as the case may be, or to anyone whose name appears upon the Register as having an interest in the patent, design or trade mark. (2.) The date for hearing the application will be fixed on receipt of the application and will be notified to the applicant and to the patentee, proprietor, oi other person interested, at his address for service in the United Kingdom. The application and the date of the healing will also be advertised in the Illustrated Official Journal (Patents) or Trade Marks Journal. The date fixed lor the hearing will be not less than seven days after the advertisement of the application in the Journal. (a) Printed at p. 220, above. (b) Printed at p. 230, above. (c) Printed at p. 233, above. 236 Procedure under Rule 1 of each set of Temporary Rules. (3.) The applicant must produce evidence at the hearing' to satisfy the Tribunal in respect of (a), (b) and («) of Rule 1, and that he is not himself an alien enemy. The evidence may be either oral or by way of statutory declaration. The patentee or proprietor of the design or trade mark or anyone interested may appear at the hearing- in opposition to the application, provided that notice of his intention so to appear be given in writing to the Comptroller at the Patent Office before the date of the hearing. Dated 7th September, 1914. W. Temple Franks, Comptroller-General. The Patents and Designs (Temporary) Rules, 1914. Dated September 7, 1914. 1914. No. 1328. By virtue of the provisions of the Patents, Designs and Trade Marks (Temporary) Tlules Acts, 1914, (a) the Board of Trade do hereby make the following Rules: — 1. In any case in which the Board of Trade make an Order by virtue of the powers vested in them under the provisions of the Patents, Designs and Trade Marks (Temporary) Rules Acts, 1914, (a) and under any Rules made under these Acts or either of them, avoiding or suspending in whole or in part a Patent, or avoiding or suspending the registration and all or any rights conferred by the registration of any Design the Board may in their discretion grant in favour of persons other than the subject of any State at war with His Majesty, licences to make, use, exercise, or vend the patented invention or registered design so avoided or suspended upon such terms and conditions, and either for the whole term of the patent or registration of the design, or for such less period as the Board of Trade may think fit. 2. These Rules shall be read and construed as one with the Pa tents, Designs and Trade Marks (Temporary) Rules, 1914, (b) dated 21st August, 1914, and the Designs Rules, 1914,(c) dated 5th September, 1914. Dated this 7th day of September, 1914. Walter Runciman, President of the Board of Trade. (a) i.e., the First Act 4 & 5 Geo. 5, c. 27, printed at p 12 above, and the Amendment Act (4 & 5 Geo. 5, c. 73), printed at p. 30 above, which retro- spectively amended the first Act. The substantive provisions of the Acts are printed in consolidated form in Appendix D at the end of this Manual. (b) Printed at p. 226, above. (c) Printed at p. 233, above. Police (Scotland) {Limit of Age). 237 POLICE (SCOTLAND) (LIMIT OF AGE). (Ikdkk in- tiik Secretary fob Scotland, dated Septembbb 3, 1914, imiku the Police (Scotland) (Limit of Age) Act, 1914 (4 & 5 Geo. 5, c. 69) prescribing the Limit oi Agi of Persons appointed during the contini in< e of the pre- sent Wah fob Temporary Service i\ \^ Police Forci in Scotland. (a) 1326 I'll 4 \n * S. 87 Whereas by the Police (Scotland) (Limit of Age) Act, 1914 (4 & 5 Geo. 5, c. 69) (b> ii is enacted that notwithstanding any- thing contained in the Police (Scotland) Act, 1890, (c) or any other Act, i he limil of age of persons transferred or appointed to any police force in Scotland during the continuance <>i (he presenl war shall be such as may from lime to time he prescribed or approved by the Secretary for Scotland. And whereas by Section 25 of sub-section (1) of the Police (Scotland) Act, 1890, it is amongst other things enacted that a person shall not be appointed to any police force unless — (except as thereinafter mentioned) — he is under the age of 25 years. Now therefore I the undersigned His Majesty's Secretary for Scotland do hereby prescribe that the foresaid limit of age of twenty-five years shall not apply in the case of persons appointed during the continuance of the present war for temporary service in any police force in Scotland : provided that such persons shall not (except in the case of police pensioners) be so appointed unless they are under the age of 45 years. Given under my hand and seal of office at Whitehall. 1 1 1 i - third day of September. 1914. (r,.s.) T. McKinnon Wood, Mi- Majesty's Secretary for Scotland. (a) This Order was published in the " Edinburgh Gazette" of September 9 1914. (b) Printed at p. 27 above, (c) 53 & 54 Vict. c. 67. 238 The Bills (Re-acceptance) Proclamation. POSTPONEMENT OF PAYMENTS.( a ) Proclamation, dated August 2, 1914, Postponing the Payment of certain Bills of Exchange. (b) (c) The Bills (Re-acceptance) Proclamation. (d) 1914. No. 1164. By the King. A Proclamation for Postponing the Payment of certain Bills of Exchange. George R.I. Whereas in view of the critical situation in Europe and the financial difficulties caused thereby it is expedient that the payment of certain bills of exchange should be postponed as appears in this Proclamation : Now, therefore, We have thought fit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation, and We do hereby proclaim, direct, and ordain as follows: — If on the presentation for payment of a bill of exchange, other than a cheque or bill on demand, which has been accepted before the beginning of the fourth day of August nineteen hundred and fourteen the acceptor re-accepts the bill by a declaration on the face of the bill in the form set out hereunder, that bill shall, for all purposes, including the liability of any drawer or indorser or any other party thereto, be deemed to be due and be payable (a) See also the documents printed under the heading " Bills of Exchange (ASSISTANCE in regard to) " at pp. 101-10G above. Postponement of certain payments was also effected by the appointment by Proclamations (printed at pp. 99, 100 above, under the heading " Bank Holidays") of three successive special bank holidays. County Court Rules made September 10th, 1914, and having effect during the currency of any Proclamation under the Postponement of Payments Act, are printed at p. 112 above, under the heading "County Court Rules and Fees," and the Orders and Rules under the Courts Emergency Powers Act are printed at pp. 115-136, under the heading " Courts (Emergency Powers)." (b) This Proclamation which was specifically confirmed by s. 1 (4) of the Postponement of Payments Act, 1914 (4 & 5 Geo. 5, c. 11) printed at p. 5 above, was extended by Proclamation of August Gth, printed at p 239, below, and by Proclamation of August 12th, printed at p. 241, below, and varied by Procla- mation of September 3rd, printed at p. 244, below, and by Proclamation of September 30th, printed at p. 246, below. The Proclamation of .August 2nd was also varied by Proclamation of September 1st (printed at p. 242 below), but this last named Proclamation was revoked by the Proclamation of September 3rd. (c) This Proclamation was published in the " London Gazette " of August 2nd, 1914, being the 2nd Supplement to the Gazette of July 31st; in the "Edin- borough Gazette" of August, 4th, 1914; and in the "Dublin Gazette" of August 3rd, 1914, being the 2nd Supplement to the Gazette of July 31st. (d) This Proclamation is thus referred to in the Proclamation of September 30th, printed at p. 246, below. Thr Bills (Re-acceptana I Proclamation. 239 on ;i date one calendar month after the date of its original maturity instead of on the date of it- original maturity, and to be a bill for the original amounl thereof increased by the amount of interest thereon calculated from the date of re-acceptance to the new date <>f pa.vmenl at the Bank of England rate current on the date of the re-acceptance of the bill. Form of Re-acceptance. Re-accepted under Proclamation for £ (insert increased sum). Signature Date- Given at Our Court at Buckingham Palace, this Second day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. Proclamation, dated August 6, 1914, tjndeti the Postpone- ment of Payments Act, 19.14 (4 & 5 Geo. 5, c. 11), extend- [ng the proclamation of august 2, 1914. (a) (b) The First General Proclamation, (c) 1914. No. 1165. By the King. A Proclamation for extending the Postponement of Payments allowed to be made by the Proclamation of the 2nd August, 19.14, (d) to certain other Payments. George R.I . Whereas under the Postponement of Payments Act, 1914, His Majesty has power by Proclamation to authorize the postpone- ment of the payment of any bill of exchange or of any negotiable instrument or of any other payment in pursuance of any contract to such extent for such time and subject to such conditions or other provisions as may be specified in the Proclamation : (a) This Proclamation was extended l>y Proclamation of August 12th, 1 >ri nted at p. 241 below, and varied by Proclamation of September .">rd printed at p. "J44 below, and by Proclamation of September 30th, printed at p 246 below. The Proclamation of August 6tb was also varied by Proclamation of Sep- tember 1st (printed at p. 212 below), but this last Proclamation was revoked by the Proclamation of September 3rd. (b) This Proclamation was published in the ''London Gazette" of August Gth, 1914, being the 3rd Supplement to the Gazette of August 4 1 1 1 : in the "Edinburgh Gazette" of August 8th, 1914, being the 1st Supplement to the Gazette of August 7th ; and in the "Dublin Gazette'' of August 8th, 1914, being the 1st Supplement to the Gazette of August 7th. (c) This Proclamation is thus referred to in the Proclamation of September 30th, printed at p. 246 below. (d) Printed at p. 238 above. 240 The First General Postponement of Payments Proclamation. And whereas it is expedient that provision should be made for the purpose of such postponement of payment in addition to the provision already made by Our Proclamation, dated the second day of August, nineteen hundred and fourteen,( a ) relating to the postponement of payment of certain bills of exchange : Now, therefore, We have thought fit, by and with the advice of < fur Privy Council, to issue this Our Royal Proclamation, and We do hereby proclaim, direct, and ordain as follows : — Save as hereinafter provided, all payments which have become due and payable before the date of this Proclamation or which will become due and payable on any day before the beginning of the fourth day of September nineteen hundred and fourteen in respect of any bill of exchange (being a cheque or bill on demand) which was drawn before the beginning of the fourth day of August, nineteen hundred and fourteen, or in respect of any negotiable instrument (not being a bill of exchange) dated before that time, or in respect of any contract made before that time, shall be deemed to be due and payable on a day one calendar month after the day on which the payment originally became due and payable, or on the fourth clay of September, nineteen hundred and fourteen, whichever is the later date, instead of on the day on which the payment originally became due; but payments so post- poned shall, if not otherwise carrying interest, and if specific demand is made for payment and payment is refused, carry interest until payment as from the fourth day of August, nineteen hundred and fourteen, if they become due and payable before that day, and as from the date on which they become due and payable if they become due and payable on or after that day, at the Bank of England rate current on the seventh day of August, nineteen hundred and fourteen ; but nothing in this Proclamation shall pre- vent payments being made before the expiration of the month for which they are so postponed. Tin's Proclamation shall not apply to — (1) Any payment in respect of wages or salary. (2) Any payment in respect of a liability which when in- curred did not exceed five pounds in amount. (3) Any payment in respect of rates or taxes. ! ) Any payment in respect of maritime freight. (5) Any payment in respect of any debt from any person resident outside the British Islands, or from any firm, company or institution whose principal place of busi- ness is outside the British Islands, not being a debt incurred in the British Islands by a person, firm, com- pany, or institution, having a business establishment or branch business establishment in the British Islands. (6) Any payment in respect of any dividend or interest pay- able in respect of any stocks, funds, or securities (other than real or heritable securities) in which trus- tees are, under section one of the Trustee Act, 1893, (b) or any other Act for the time being in force, authorized to invest. (a) Printed [at p. 238 above. (b) 56 & 57 Vict. c. 53. The First (irneral Postpaid merit of Payments Proclamation. 241 (7) Any liability of a hank of issue in respect of bank notes issued by that bank. (8) Any payment to be made by or on behalf of His Majesty or any Government Department, including the pay- ment of old a«-e pensions. (9) Any paymenl to be made by any person or Bociety in pursuance of I lie National Insurance Act, lfJll.fa) or any A< I amending ihat Act (whether in the nature of contributions benefits, or otherwise). (10) Any paymenl under the Workmen's Compensation Act, 1906, (b) or any Aci amending the same. (11) Any payment in respect of the withdrawal of a deposit by a depositor in a trustee saving's hank. Nothing in this Proclamation shall affect any bills of exchange to which Our Proclamation dated the second day of August, nineteen hundred and fourteen, relating to the postponement of payment of certain bills of exchange applies. Given at Our Court at Buckingham Palace, this sixth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Eeign. God Save the King. Proclamation, dated August 12, 1914, under the Post- ponement of Payments Act, 1914 (4 & 5 Geo. 5, c. 11), EXTENDING THE PROCLAMATION OF AUGUST 6, 1914. (C) (d) The Second General Proclamation, (e) 1914. No. 1230. By the King. A Proclamation for Postponement of Payments. George, R.I. Whereas it is expedient to extend Our Proclamation, dated the sixth day of August,(f ) nineteen hundred and fourteen (relating to the postponement of payments), so as to cover bills of exchange under certain circumstances, and also payments in respect of any debt from any bank whose principal place of business is in any part of His Majesty's Dominions or any British Protectorate : (a) 1 \- 2 (JtM>. :,. ,-. .v.. (b) 6 Edw. 7. c. 58. (c) This Proclamation was varied by Proclamation of September 3rd, printed at p. 244 below, and by Proclamation of September 30th, printed at p. 24ti below. The Proclamation of August 12th was also varied by Proclamation of September 1st (printed at p 24:2 below), but this last Proclamation was revoked by the Proclamation of September 3rd. (d) This Proclamation was published in the " London Gazette " of August 13th, 1914. being the 1st Supplement to the Gazette of August 11th ; in the "Edinburgh Gazette" of August 14th, 1914 ; and in the "Dublin Gazette" of Aii-ust Nth. 1914. (e) This Proclamation is thus referred to in the Proclamation of September 30th, printed at p. 246 below. (f ) Printed at p. 239 above. 5750 O 242 The Second General Postponement of Payments Proclamation. Now, therefore, We have thought fit, by and with the advice of Our Privy Council, to issue this Our Iloyal Proclamation, and We do hereby proclaim, direct, and ordain as follows : Notwithstanding anything contained in the said Proclamation- dated the sixth dav of August, nineteen hundred and fourteen (relating to the postponement of payments), that Proclamation shall apply, and shall be deemed always to have applied — (a ) To any bill of exchange which has not been re-accepted under Our Proclamation, dated the second day of August, (a) nineteen hundred and fourteen, as it applies to a bill of exchange, being a cheque or bill on demand, unless on the presentation of the bill the acceptor has expressly refused re-acceptance thereof, but with the substitution, as respects rate of interest, of the date of the presenta- tion of the bill for the seventh day of August, nineteen hundred and fourteen ; and {t>) also to payments in respect of any debt from any bank whose principal place of business is in any part of His Majesty's Dominions or any British Protectorate, although the debt was not incurred in the British Islands and the bank had not a business establishment or branch business establishment in the British Islands. Given at Our Court at Buckingham Palace, this Twelfth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God Save the Kino-. Proclamation, bated September 1, 1914, under the Post, POX EM EXT OF PAYMENTS ACT, 1911 (4 8f 5 GEO. 5, C. 11), VARYING THE PROCLAMATIONS OF AUGUST 2ND, 6TH, AND 12th, 1914 ( b ), (c). 1914. No. 1306. By the Kixc. A Proclamation varying the Proclamations in resjject of the Postponement of Payments dated respectively the second day of August, (d) tJie sixth day of August,(&) an d the twelfth day of August, (f) nineteen hundred and fourteen. George R.I. Whereas under the Postponement of Payments Act, 1914, (S) We hare power, by Proclamation, to authorize the postponement of (a) Printed at p. 238, above. (b) This Proclamation was revoked by Proclamation of September 3rd, 1914, printed at p. 244, below. (c) This Proclamation was published in the " London Gazette " of September 1st, 1914, being the 1st Supplement to the Gazette of September 1st; in the "Edinburgh Gazette" of September 3rd, 1914, being a Supplement to the Gazette of September 1st ; and in the " Dublin Gazette " of September 2nd, 1914, being a Supplement to the Gazette of September 1st. (d) Printed at p. 238, above. (e) Printed at p. 239, above. (f) Printed at p. 241, above. (g-) Printed at p. 5, above. The Repealed Postponement of Payments Proclamation. '^43 the payment of any lull of exchange, or of any negotiable instru- ment, or any other payment in pursuance of any contract, to \uch extent, and for such time, and subject to such conditions or other provisions as may be specified in the Proclamation : And whereas, in pursuance of that power, We have issued Proclamations in relation to the postponement of paymentt due before We were in a state of war or due in respect of contract. made before that time, dated the sixth day of August,(*) and the twelfth dan of August,^) nineteen hundred and fourteen; ami <>n the second day of August f (o) much in hundred and four- teen, We also issued a Proclamation which is con firmed by the • aid Postpont ment of Payments Act, 1014, and is deemed tit haet bee/i issued under that Act : And whereas, under the said Act, We have power to car a, extend or nrohe amy Proclamation under that Act by a subse- quent Proclamation : And irhcrcas /I is desirable in I he best interests of Our Realm at the /'resent juncture that all persons who can dischari/e their liabilities should do so without delay, but it is at the same time for certain purposes expedient that Our said Proclamations should be varied as hereinafter appears .- Now, therefore. We hare thought fit, by and with the adrice of Our Privy Council, to issue this Our Royal Proclamation, and We do hereby proclaim, direct, and ordain as follows: — /. Our said Proclamation , dated the second daij of August, nineteen hundred and fourteen, shall hare effect OS if the period of tWO calendar months irere substituted therein for the period of one calendar month: and the sum mentioned in any form of re-acceptance thereunder shall be deemed to be varied accord ' i n gl y without the necessity of further re-acceptance. 2. Our said Proclamation , dated the sixth dan of August, nineteen hundred and fourteen, as extended by Our said Procla- mation, dated the twelfth day of August, nineteen hundred and fourteen, shall hare effect as if the fourth day of October were substituted therein for the fourth day of September therein wherever that date occurs, and as if two calendar months were substituted tlierein for one calendar month. 3. Nothing in this Proclamation sluill affect the payment of interest under the Proclamations extended therein/, or prevent payments being made before the expiration of the period for which then are postponed. Given at Our Court at Buckingham Palace, this First day uf September, in the year <>f our Lord. One thousand nine hundred and fourteen, and in the Fifth Year of Our Reign. Cod save the King. (a) Printed at p. 239 above. (b) Printed at p. 241 above, (c) Printed at p. 238 above. :5750 Q 2 244 The Third General Postponement of Payments Proclamation. Proclamation, dated September 3, 1914, under the Postpone- ment of Payments Act, 1914 (4 & 5 Geo. 5, c. 11), varying the Proclamations of August 2nd, 6th, and 12tii, and revoking Proclamation of September 1st, 1914. (a) (b) The Third General Proclamation. (c) 1914. No. 1324. By the King. A Proclamation varying the Proclamations in respect of the Postponement of Payments, dated respectively the second day of August, (d) the sixth day of August, (e) and the twelfth day of August, (f) and revoking the Proclamation, dated the first day of September, (g") nineteen hundred and fourteen. George R.I. Whereas under the Postponement of Payments Act, 1914, (b) We have power, by Proclamation, to authorize the postponement of the payment of any bill of exchange, or of any negotiable instru- ment, or any other payment in pursuance of any contract, to such extent, and for such time, and subject to such conditions or other provisions as may be specified in the Proclamation : And whereas, in pursuance of that power, We have issued Proclamations in relation to the postponement of payments due before We were in a state of war or due in respect of contracts made before that time, dated the sixth day of August, and the twelfth day of August, nineteen hundred and fourteen; and on the second day of August, nineteen hundred and fourteen, We also issued a Proclamation which is confirmed by the said Post- ponement of Payments Act, 1914, and is deemed to have been issued under that Act : And whereas, under the said Act, We have power to vary, extend or revoke any Proclamation under that Act by a subse- quent Proclamation : And whereas it is desirable in the best interests of Our Realm at the present juncture that all persons who can discharge their (a) As to this Proclamation which was varied by Proclamation of September 30th, printed at p. 24G below, see statement appearing in the Press, September 5th and printed at p. 104 above. (b) This Proclamation was published in the " London Gazette" of September- 3rd, 1914, being the 5th Supplement to the Gazette of September 1st ; in the " Edinburgh Gazette " of September 4th, 1914 ; and in the " Dublin Gazette " of September 5th, 1914, being a Supplement to the Gazette of September 4th. (c) This Proclamation is thus referred to in the Proclamation of September 30th, printed at p. 246, below. (d) Printed at p. 238, above. (e) Printed at p. 239, above. (f) Printed at p. 241, above. • (gr) Printed at p. 242, above, (b) Printed at p. 5, above. Thr Third General Postponement of Payments Proclamation. 245 liabilities should do bo without delay, but it ifl al the same time for certain purposes expedient thai Oui s m i « 1 Proolainatio should be varied, and for thai purpose We issued a Proclamation, dated the tsl day of September, nineteen hundred and fourteen : And whereas it is expedienl to revoke the last-mentioned Proclamation and to substitute therefor 9uch variations of Our ■other Proclamations as are hereinafter set forth: Now, therefore. We have thought fit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation, and We do hereby proclaim, direct, and ordain as follows: — 1. If oil the presentation for payment of a bill of exchange which has before the fourth day of September, nineteen hundred and fourteen, been re-accepted under the terms of I >ur 3aid Procla- mation, dated the second day of August, nineteen hundred and fourteen, the bill is not paid, then, the said Proclamation shall, in its application to that bill, have effect ns if the period of two calendar months had been in the Proclamation substituted for the period of one calendar month, and the sum mentioned in the form of re-acceptance under the said Proclamation shall be deemed to be increased by the amount of interest on the original amount of the Bill for one calendar month calculated at the Bank of England rate current on the date when the bill is so presented for payment as aforesaid. 2. Our said Proclamation, dated the sixth day of August, nine- teen hundred and fourteen, as extended by Our said Proclamation, dated the twelfth day of August, nineteen hundred and fourteen. shall apply to payments which become due and payable on or after the fourth day of September and before the fourth day of October, nineteen hundred and fourteen (whether they become so due and payable by virtue' of the said Proclamations or otherwise) in like manner as it applies to payments which became due and payable after the date of the said first-mentioned Proclamation and before the beginning of the fourth day of September, nine- teen hundred and fourteen. •''). Nothing in this Proclamation shall affect the payment of interest under the Proclamations extended thereby, or prevent payments being made before the expiration of the period for which they are posl poned. 4. Our said Proclamation, dated the firsl day of September, nineteen hundred and fourteen, is hereby revoked. Given at Our Court at Buckingham Palace, this Third day of September, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. 246 The Final General Postponement of Payments Proclamation. Proclamation, dated September 30, 1914. under the Post- ponement of Payments Act, 1914 (4 & 5 Geo. 5, c. 11), VARYING THE PROCLAMATIONS OF AUGUST 2ND, 6tH, AND 12th and September 3rd, 1914. (a) 1914. No. 1446. j3y the King. A Proclamation varying the Proclamations in respect of the Postponement of Payments, dated respectively the 2nd August, (b) 6th August,(c) 12th August. (d) and 3rd September, (e) 1914. George R.I. Whereas under the Postponement of Payments Act, 1914, (f) We have power by Proclamation to authorise the postponement of the payment of any bill of exchange or of any negotiable instrument or anj- other payment in pursuance of any contract to such extent and for such time and subject to such conditions or other provisions as may be specified in the Proclamation : And whereas in pursuance of that power We have issued Proclamations in relation to the postponement of payments due before "We were in a state of war or due in respect of contracts made before that time, dated the sixth day of August,(c) the 12th day of August, (d) and the third day of September(e) nineteen hundred and fourteen (which are respectively referred to in this Proclamation as the first, second, and third General Proclama- tion), and on the second day of August nineteen hundred and fourteen We also issued a Proclamation which is confirmed by the said Postponement of Payments Acts, 1914, and is deemed to have been issued under that Act and is referred to in this Proclamation as the Bills (Re-acceptance) Proclamation : (b) And whereas under the Postponement of Payments Act, 1914, We have power to vary extend or revoke any Proclamation under that Act by a subsequent Proclamation: And whereas it is desirable in the best interests of Our Realm at the present juncture that all persons who can discharge their liabilities should do so without delay, but it is at the same time expedient for the benefit of persons who cannot so discharge their liabilities that a further limited and final extension of the postponement of payments authorised by the said Proclamations -hould be made : (a) This Proclamation was published in the " London Gazette " of September 30th, 1914, being a Supplement to the Gazette of September 29th ; in the ••Edinburgh Gazette" of Septembar 30th, 1914, being a Supplement to the Gazette of September 29th ; and in the " Dublin Gazette " of September 3Uth, 1914, being a .Supplement to the Gazette of September 29th. See also Notice issued by the Bank of England on the night of October 1st. and appearing in the next day's Press, printed at p. 105 above. (b) Printed at p. 238 above. (c) Printed at p. 239 above, (d) Printed at p. 241 above. (e) Printed at p. 244 above (f ) Printed at p. 5 above. The Final General Postponement of Payments Proclamation. 247 Now, therefor.-. \\Y Imvc thought fit, by and with the advice of Our Privj ( ouinil. to issue this Our li<»\aJ Proclamation, and We do herebj proclaim direct and ordain as follows: — 1. The tirsl General Proclamation as extended by paragraph (b) of the second General Proclamation shall, subject to the limitations of this Proclamation, apply to payments which become due and payable on or after the fourth day of Octobei and before the fourth «lay of November nineteen hundred and fourteen (whethei they 30 become due and payable by vrirtue of the said Proclamations or the third General Proclamation or otherwise) in like manner as it applies to payments which became due and payable after the date of the first General Proclamation and before the beginning of the fourth day of September nineteen hundred and fourteen. Provided that, if the payment is one the date whereof has been postponed by virtue of any of the said General Proclama- tions, and is one which carries interest either by virtue of the terms of the contract or instrumeent under which it is due and payable or by virtue of the said General Proclamations, then the person from whom the payment is due shall not be entitled to claim the benefit of ibis Article unless, within three days after the date to which the payment, has been postponed by virtue of the said General Proclamations, all interest thereon up to that date is paid. This Article shall not apply to — (a.) Any payment in respect of rent : (b.) Any payment due and payable to or by a retail trader in respect of his business as such trader. 2. The Bills (Re-acceptance) Proclamation shall continue to apply to bills of exchange (other than cheques and bills on demand) accepted before the beginning of the fourth day of August nineteen hundred and fourteen, the date of the original maturity whereof is after the third day of October. If on the presentation for payment of any such bill the bill is not paid and is not re-accepted under the said Proclamation, then, unless on such presentation the acceptor has expressly refused re-acceptance thereof, the bill shall for all purposi including the liability of any drawer and indorser or any other party thereto, be deemed to be due and payable on a date one calendar month after the date of its original maturity instead of on the date of its original maturity, and to be a bill for the original amount thereof increased by the amount of interest thereon, calculated from the date of the original maturity to the date of payment at the Bank of England rate current on the date of its original maturity, and paragraph (a) of the second General Proclamation shall not apply to any such bill. 3. If on the presentation for payment of a bill of exchange, the date of maturity of which has before the fourth day of October nineteen hundred and fourteen heroine postponed either by virtue of the Bills (Re-acceptance) Proclamation or paragraph 248 The Final General Postponement of Payments Proclamation. of the second General Proclamation (whether or not the date of maturity has been further postponed by virtue of the third General Proclamation), the bill is not paid, then the date of maturity shall be deemed to be further postponed for fourteen days from the date of such presentation for payment, and the original amount of the bill shall be deemed to be further increased by the amount of interest on the original amount of the bill for fourteen days, calculated at the Bank of England rate current on the date of such presentation for payment. 4. Save as otherwise expressly provided, nothing in this Pro- clamation shall effect the application of the General Proclama- tions to payments to which those Proclamations apply, and nothing in this Proclamation shall prevent payments to which this Proclamation applies being made before the expiration of the period for which they are postponed thereunder. Given at Our Court at Buckingham Palace, this Thirtieth day of September, in the year of Our Lord one Thousand nine hundred and fourteen, and in the Fifth year of Our Eeign. God save the King. PRIZE COURTS. 1. Jurisdiction. (a) Order in Council authorising the Commissioners for executing the office of lord hlgh admiral to require the Constitution of a Prize Court. (b) German Empire. 1914. No. 1262. At the Court at Buckingham Palace, the 5th day of August, 1914. Present, The King's .Most Excellent Majesty in Council. Whereas a state of war exists between this Country and the German Empire,! c> so that his Majesty's fleets and ships may lawfully seize all ships, vessels, and goods belonging to the (a) As to constitution of prize courts in the Oversea Dominions see Notifica- tion of October 8th, by Colonial Office, printed in the Supplement at end of this Manual. (b) This Order in Council was published in the " London Gazette " of August 7th, 1!H4 : in the " Edinburgh Gazette" of August 11th ; and in the "Dublin Gazette" of August 11th, l'.ll-l. (c) See Notification of a State of War with the German Empire, printed at p. 1 above. Constitution of a Prize Court Authorized. 249 German Empire, or the citizens and subjects 1 hereof, or other persons inhabiting within any of the countries, territories, or dominions 6f the aaid German Empire, and bring the same to judgment in such Courts of Admiralty within Hi- Majestr dominions, possessions, or Colonics ;i> shall be duly commis- sionated to take cognizance thereof. His Majesty is therefore pleased, by and with the advice of His Privy Council, to order, and ii is hereby ordered, that a Commission in the form of the draft annexed hereto shall ise under the Greal Seal of the United Kingdom authorizing the Commissioners for executing the Office of Lord Eigh Admiral to will and require His Majesty's Eigh Court of Justice and the Judges thereof to take cognizance of and judicially proceed upon all and all manner of captures, seizures, prizes, and reprisals of all ships, vessels, and goods thai are or -hall he taken, and to hear and determine the same: and according to the course of Admiralty and the Law of Nations, and the Statutes, Rules, and Regulations for the time being in force in that behalf, to adjudge and condemn all such ships, vessels, and goods as shall belong to the German Empire, or the citizens or subjects thereof, or to any other persons inhabiting within any of the countries, territories, or dominions of the said German Empire. . 1 1m eric Fitzroy . George the Fifth, by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India, to Our right trusty and well-beloved Right Honour- able Winston Leonard Spencer-Churchill, M.P., Admiral H.S.H. Prince Louis Alexander of Battenberg, G.C.B., G.C.V.O., K.C.M.G., A.D.C.. Vice-Admiral Sir Frederick Tower Hamilton. K.C.B., C.V.O., Rear-Admiral Archibald Gordon Henry Wilson Moore, C.Y.O., C.B., Captain Cecil Foley Lambert, E.X., the Righl Honourable George Lambert, M.P., and the Right Honourable Sir Francis John Stephens ITopwood, G.C.M.G., K.C.B., Our Commis- sioners for executing the Office of Lord High Admiral of Our United Kingdom of Great Britain and Ireland and the Dominions thereunto belonging, and to Our Commissioners for executing that Office for the time being, Greeting: Whereas a state of war exists between this Country and the German Empire, so that Our Meets and -hips may lawfully seize all ships, vessels, and goods belonging to the German Empire or the citizens and subjects thereof or other persons inhabit mil; within any of the countries, territories, or dominions of the said German Empire and briny the same to judgment in such Courts of Admiralty within Our dominions, possessions, or Colonies shall be duly commissionated to take cognizance thereof. 250 Constitution of a Prize Court Authorized. These are therefore to authorize, and We do hereby authorize and enjoin you, Our said Commissioners, now and for the time being, or any two or more of you, to will and require Our High Court of Justice and the Judges thereof, and the said High Court and the Judges thereof are hereby authorized and required to take cognizance of and judicially to proceed upon all and all manner of captures, seizures, prizes, and reprisals of all ships, vessels, and goods already seized and taken, and which hereafter shall be seized and taken, and to hear and determine the same,, and according to the course of Admiralty and the Law of Nations, and the Statutes, Rules, and Regulations for the time being in force in that behalf, to adjudge and condemn all such ships, vessels, and goods as shall belong to the German Empire or to the citizens or subjects thereof or to any other persons inhabiting within any of the countries, territories, or dominions of the said German Empire. In witness whereof We have caused the Great Seal of the United Kingdom to be put and affixed to these presents. Given at Our Court at Buckingham Palace, this Sixth day of August, in the year of our Lord, One thousand nine hundred and fourteen, and in the Fifth year of Our Reign. (L.S.) Order in Council authorising the Commissioners for execut- ing the Ofeice of Lord High Admiral to require the Constitution of a Prize Court. (a) 1914. No. 1263. Austria-Hungary . At the Court at Buckingham Palace, the 20th day of August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas on the fourth day of August one thousand nine hundred and fourteen, a state of war came into existence between this Country and the German Empire. (b) And whereas by His Majesty's Order in Council of the fifth day of August One thousand nine hundred and fourteen, (c) the issue of a Commission was ordered authorizing the Commissioners for (a) This Order in Council was published in the "London Gazette" of August 20th, 1914, being a Supplement to the Gazette of August 18th ; in the "Edinburgh Gazette" of August 21st. 1914 ; and in the " Dublin Gazette" of August 21st. (b) See Notification of a State of War with the German Empire, printed at p. 1 above. (c) Printed at p. 248 above. Constitution of a Prize Court Authorized. 251 executing the Office of Lord High Admiral to require His Majesty's High Court of Justice to take cognizance of prize matters arising- out of the said war. And whereas a state of war now also exists between this Country and the Dual Monarchy of Austria-Hungary («•), bo that His Majesty's fleets and ships may lawfully seize all ships, vessels, and goods belonging to the said Dual Monarchy, or the citizens and subjects thereof, or other persons inhabiting within any of Hie countries, territories, or dominions of the said Dual Monarchy, and bring the same to judgment in such Courts of Admiralty within His Majesty's Dominions, Possessions or Colonies, as shall be duly coinmissionated to take cognizance thereof. His Majesty is therefore pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that a Commission in the form of the draft annexed hereto, shall issue under the Great Seal of the United Kingdom, authorizing the said Commissioners for executing the Office of Lord High Admiral to will and require His Majesty's High Court of Justice and the Judges thereof to take cognizance of and judicially proceed upon all and all manner of captures, seizures, prizes, and reprisals of all ships, vessels, and goods that are or shall be taken, and to hear and determine the same; and according to the course of Admiralty and the Law of Nations, and the Statutes, Rules, and Regulations for the time being in force in that behalf, to adjudge and condemn all such ships, vessels, and goods as shall belong to the Dual Monarchy of Austria-Hungary, or the citizens or subjects thereof, or to any other persons inhabiting within any of the countries, territories, or dominions of the said Dual Monarchy as well as the ships, vessels, and goods belonging to the German Empire, or to the citizens or subjects thereof, or to any other persons inhabiting within any of the countries, territories, or dominions of the said German Ernpire. Aimer ic Fit : Hoy . George the Fifth, by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India, to Our right trusty and well-beloved Right Honour- able Winston Leonard Spencer-Churchill. M.P., Admiral H.S.H. Prince Louis Alexander of Battenberg, G.C.B., G.C.V.O., K.C.M.G., A.D.C., Vice-Admiral Sir Frederick Tower Hamilton, K.C.B., C.Y.O., Rear-Admiral Archibald Gordon Henry Wilson Moore, C.V.O., C.B., Captain Cecil Foley Lambert, R.N., The Right Honourable Geoi . Lambert, M.l\, and the Right Honourable Sir Francis John Stephens Hopwood, G.C.M.G., K.C.B., Our Commissioners for executing; the Office of Lord High Admiral of Our United (a) See Notification of a State of War with the Dual Monarchy of A.ustria- Hungary printed at p. 1 above. 252 Constitution of a Prize Court Authorized. Kingdom of Great Britain and Ireland and the Dominions thereunto belonging, and to Our Commissioners for executing that Office for the time being, Greeting: Whereas on the fourth day of August One thousand nine hundred and fourteen, a state of war came into existence between this Country and the German Empire. And whereas by Our Commission under the Great Seal of the United Kingdom dated the sixth day of August One thousand nine hundred and fourteen, We did authorize and enjoin you, Our said Commissioners, to require Our High Court of -Justice to take cognizance of prize matters arising out of the said war. And whereas a state of war now also exists between this Country and the Dual Monarchy of Austria-Hungary, so that Our fleets and ships may lawfully seize all ships, vessels, and goods belonging to the said Dual Monarchy, or the citizens and subjects thereof, or other persons inhabiting within any of the countries, territories, or dominions of the said Dual Monarchy and bring the same to judgment in such Courts of Admiralty within Our Dominions, Possessions, or Colonies as shall be duly commissionated to take cognizance thereof. These are therefore to authorize, and We do hereby authorize and enjoin you, Our said Commissioners, now and for the time being, or any two or more of you, in addition to and in extension of the Warrant already given by you under Our said Commission of the sixth day of August One thousand nine hundred and fourteen, to will and require Our High Court of Justice and the Judges thereof, and the said High Court and Judges thereof are hereby authorized and required to take cognizance of and judicially to proceed upon all and all manner of captures, seizures, prizes, and reprisals of all ships, vessels, and goods already seized and taken, and which hereafter shall be seized and taken, and to hear and determine the same, and according to the course of Admiralty and the Law of Nations, and the Statutes, Rules, and Regulations for the time being in force in that behalf, to adjudge and condemn all such ships, A^essels and goods as shall belong to the Dual Monarchy of Austria-Hungary, or to the citizens or subjects thereof, or to any other persons inhabiting within any of the countries, territories, or dominions of the said Dual Monarchy, as well as the ships, vessels, and goods belonging to the German Empire, or to the citizens or subjects thereof, or to any other persons inhabiting within any of the countries, territories, or dominions of the said German Empire. In Witness whereof we have caused the Great Seal of the United Kingdom to be put and affixed to these presents. Given at Our Court at Buckingham Palace, this Twentieth day of August, in the year of Our Lord One thousand nine hundred and fourteen, and in the Eifth year of Our Reign. Prizi Jurisdiction of Courts of Egypt , Zanzibar, and Cypru 253 Ordee i-v Council confebbjng jurisdiction in matters 01 Prizb ok certain British Courts en Egypt, Zanzibar, \mj Cyprus, in respect oi the present Wab \m> authorising THE COMMIssio.NKIts Fun EXECUTING THE OFFICE Oj LORD JIigii Admiral to require the Constitution of Prizj Coi KTS.l'ai 1914. No. 1450. At the Court at Buckingham Palace, the 30th day o\ September, 1914. Present, The King's Most Excellent Majesty in Council. Whereas a slate of war now exists between this Country on the one hand, and the German Empire(b) and the Dual Monarchy of A.ustria-Hungary(c) on the other hand, so that His Majesty's fleets and ships may lawfully seize all ships, vessels and goods belonging to the German Empire or to the Dual Monarchy of Austria- Hungary, or the citizens and subjects of either country or other persons inhabiting within any of the countries, terri- tories, or dominions of the said Empire, or of the said Dual Monarchy, and bring the same to judgment within any such Courts as shall be duly commissionated to take cognizance thereof. And whereas by Section 1 of the Prize Courts (Egypt, Zanzibar, and Cyprus) Act, 1914,(d) it is enacted that: — " If His Majesty is pleased to confer jurisdiction in matters " of prize on any of the following courts, that is to say : — '" (a) His Britannic Majesty's Supreme Court for the " Dominions of the Sublime Ottoman Porte(e) in Egypt : c (b) His Britannic Majesty's Court for Zanzibar(f) in Zanzibar; " (c) The Supreme Court of Cyprus(ff) in Cyprus: (a) This Order was published in the "London Gazette" of September 30th, 1 '.'1 1, being a Supplement to the Gazette of September 29th ; in the " Edinburgh Gazette" of September 30th, 1914, being a Supplement to the Gazette of Sep- tember 29th ; and in the "Dublin Gazette" of September 30th, 1914, being a Supplement to the Gazette of September 29th. (b) See Notification of a State of War with the German Empire, printed at p. 1 above. (c) See Notification of a State of War with the Austria-Hungary Empire, printed at p. 1 above. (d) -1 & 5 Geo. 5. c. 79, printed at p. 37 above. (e) As to the constitution of this Court, see Article 8 of the Ottoman < hder in Council, 1910 (1910, No. lis I) (printed in Statutory Rules and Orders, 1910, p. 140, at pp. 144-146). See also the Foreign Jurisdiction (Admiralty) Order in Council, 1910 (1910, No. 1183) (printed in Statutory Rules and Orders. L910, p. 131). (f) '1 his Court is now constituted by Article 10 of the Zanzibar Order in Council. 1914, Statutory Rules and Orders, 1914. No. 153, which consolidated and amended the previous Zanzibar Orders. (g) As to the constitution of the Supreme Court of Cyprus, see Article 4 oi the Cyprus Courts of Justice Order 1882, printed Statutory Rules and Orders, Revised Vol. V. p. 34.".. and subsequent amending Orders in Council, all of which are printed as Statutory Rules and Orders. 254 Prize Jurisdiction of Courts of Egypt, Zanzibar, and Cyprus. ' the Court shall, in respect of the present war, have, under the • Naval Prize Courts Acts, 1864 to 1914, the jurisdiction ' thereby conferred on a Vice- Admiralty Prize Court, and those Acts and any Order in Council made thereunder shall apply " accordingly j subject to such modifications (if any) as to His " Majesty in Council may appear expedient or necessary." And whereas His Majesty is of opinion that jurisdiction in matters of prize should be conferred on all of the said courts : His Majesty is therefore pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that a Commission in the form of the draft annexed hereto shall issue under the Great Seal of the United Kingdom authorizing the Commissioners for executing the Office of Lord High Admiral to will and require His Britannic Majesty's Supreme Court for the Dominions of the Sublime Ottoman Porte in Egypt, His Britannic Majesty's Court for Zanzibar in Zanzibar, and the Supreme Court of Cyprus in Cyprus, and all the Judges of those Courts to take cognizance of and judicially proceed upon all and all manner of captures, seizures, prizes and reprisals of all ships, vessels and goods that are or shall be taken and all other matters of prize falling within the jurisdiction of Prize Courts and to hear and determine the same and, according to the course of Admiralty and the Law of Nations, and the Statutes, Rules, and Regulations for the time being in force in that behalf, to adjudge and condemn all such ships, vessels and goods as shall belong to the German Empire or to the Dual Monarchy of Austria- Hungary or the citizens or subjects of either country or to any other persons inhabiting within any of the countries, territories, or dominions of the said Empire or of the said Dual Monarchy. Almeric FitzRoy. George the Fifth, by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India, to Our rio'ht trusty and well-beloved Right Honourable Winston Leonard Spencer-Churchill, M.P., Admiral H.S.H. Prince Louis Alexander of Battenberg, G.C.B., G.C.V.O., K.C.M.G., A.D.C., Yice-Admiral Sir Frederick Tower Hamilton, K.C.B., C.V.O., Rear-Admiral Frederick Charles Tudor Tudor, C.B., Captain Cecil Foley Lambert, R.N., The Right Honourable George Lambert, M.P., and the Right Honourable Sir Francis John Stephens Hopwood, G.C.M.G., K.C.B., Our Commissioners for executing the Office of Lord High Admiral of Our United Kingdom of Great Britain and Ireland and the Dominions thei (Min to belonging, and to Our Commissioners for executing that Office for the time being, Greeting: Whereas a state of war now exists between this Country on the -one hand and the German Empire and the Dual Monarchy of Austria-Hungary on the other hand so that His Majesty's fleets and ships may lawfully seize all ships, vessels and goods belong- ing to the German Empire or to the Dual Monarchy of Austria- Prize Jurisdiction of Courts of Egypt, Zanzibar, and Cypru 256 Eungary or the citizens and subjects oi either country or other persons inhabiting within any of the countries, territories or dominions of tin >aid Empire or of the said Dual Monarchy and bri n <4- the same to judgmenl within any such (nun- as shall be duly commissionated to take cognizance thereof. . And whereas by Section 1 oi the Prize Courts (Egypt, Zanzibar, and ( iyprus) Act , L914, it is enacted that : — "If Hi- Majesty is pleased to confer jurisdiction in matte] " oi prize on any of the following Courts, thai is to say : — 11 (a) His Britannic Majesty- Supreme Court for the " Dominions of the Sublime Ottoman Porte in Egypt; "(6) His Britannic Majesty's Court for Zanzibar m " Zanzibar; " (c) The Supreme Court of Cyprus in Cyprus; " the Court shall, in respect of the present war, have, under the " Naval Prize Courts Acts, 1864 to 1914, the jurisdiction thereby ""conferred on a Vice-Admiralty Prize Court, and those Acts and '" any Order in Council made thereunder shall apply accordingly, '" subject to such modifications (if any) as to His Majesty in "" Council may appear expedient or necessary." And whereas We are of opinion that jurisdiction in matters oi prize should be conferred on all of the said Courts. These* are therefore to authorize and We do hereby authorize and enjoin you Our said Commissioners now and for the time being or any two or more of you by Warrant to will and require His Britannic Majesty's Supreme Court for the Dominions of the Sublime Ottoman Porte in Egypt, His Britannic Majesty's Court for Zanzibar in Zanzibar, and the Supreme Court of Cyprus in Cyprus, and the judges of these Court-: And the said Courts and the judges thereof are hereby authorized and required, to take -cognizance of and judicially proceed upon all and all manner of captures, seizures, prizes and reprisals of all ships, vessels and goods held, seized, and taken and which hereafter shall be seized and taken, and all other matters of prize falling within the juris- diction of Prize Courts and to hear and determine the same and, according to the course of Admiralty, and the Haw of Nations and the Statutes, Rules and Regulations for the time being in force in thai behalf to adjudge and condemn all such ships, vessels and goods as shall belong to the German Empire or to the Dual Monarchy of Austria-Hungary or to the citizens or subjects of either country or to any other persons inhabiting within any of the countries, territories or dominions of the said Empire or of the said Dual Monarchy. In witness whereof We have caused the Great Seal of the United Kingdom to be put and affixed to these Presents. Given at Our Court at Buckingham Palace this thirtieth day of September, in the year of our Lord One thousand nine hundred and fourteen, and in the Fifth year of Our reign. 256 Order in Council prescribing the " Prize Court Rules, 1914," as- "Pro v is io nal Ru les." 2. Procedure. Order in Council prescribing the Eules and Tables of Fees to be observed and taken in prize proceedings (" the Prize Court Pules, 1914 "). At the Court at Buckingham Palace, the 5th day of August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas by section three of the Prize Courts Act, 1894, (a) His Majesty in Council is authorized to make rules of court for regulating, subject to the provisions of the Naval Prize Act, 1864, (b) and the said Act, the procedure and practice of prize courts within the meaning of the Naval Prize Act, 1864, and the duties and conduct of the officers thereof and of the practitioners therein, and for regulating the fees to be taken by the officers of the courts, and the costs, charges, and expenses to be allowed to the practitioners therein : And whereas by section five of the Naval Prize Act, 1864, it is provided that every appeal from a prize court within the mean- ing of that Act shall be made in such manner and form and subject to such regulations (including regulations as to fees, costs, charges, and expenses) as may for the time being be directed by Order in Council : And whereas in pursuance of the Prize Courts Act, 1894, certain rules were made by Orders in Council dated the 18th day of July, 1898, (c) and the 20th day of October, 1898 (d) : And whereas it is expedient that the rules hereinafter set out should be made, and should be substituted for the rules so made : And whereas on account of urgency this Order should come into immediate operation : Now, therefore. His Majesty, by virtue of the powers in this behalf of the said Act or otherwise in Him vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows: — 1. The rules hereinafter set forth shall as from the date on which they are expressed to come into operation have effect and shall be substituted for the rules made by the said Orders in Council dated the 18th day of July, 1898," and the 20th day of 1 Ictober, 1898, and the last mentioned rules are as from the same date hereby revoked. 2. This Order shall take effect provisionally in accordance with the provisions of section two of the Pules Publication Act, 1893/(e) from the date hereof. Almeric FitzRoy, (a) 57 & 58 Vict., c. 39. (b) 27 & 28 Vict., c. 25. (c) Printed St. R. & 0. Rev., 1904, "Navy," p. 275. (d) Printed St. R. & 0. Rev., 1904, " Navy," p. 127. (e) These Rules were subsequently made in identical terms in accordance with s. 1 of the Rules Publication Act, 1893 (5G & 57 Vict., c. 66), by Order in Council dated September 17, 1914, printed at p. 365 below. The Rules were amended by Order in Council of September 30th, 1914, printed at p. 366 below. Prize Court Rules, 1914 — Table of Contents of. 257 Table of Contents. Rules and Ojbdebs. Order )» ii. in IV. Jl V. " VI. VII. * ] VIII. » IX. n X. >* XI. i« XII. i» XIII. " XIV. *• XV. j? XVI. *• XVII. * ■ XVIIT. i • XIX. i* XX. XXI. t) XXII. »? X XIII. XXIV. XXV. i* XXVI. XXVII. *» XXVIII. ■* XXIX. XXX. i • XXXI. XXXII. )j XXXIII. XXXIV. >i XXXV. • * XXXVI. • * XXX VII. XXXVIII. j) X.N XIX. i * XL. • 1 XLI. )i \LII. )» XLIII. - * XLIV. XLV. i • XLVI. Interpretation Institution of Causes and [roue and Service of Writ ... Appearance and Claim Affidavit as to Ship Papers Proceedings in case of failure to proceed by Captors Discontinuance Pleadings Particulars ... Discovery. Inspection, and Admission of Documents and Facts Arrest of Prize — Warrant Sale, Appraisement, Safe Custody and Inspection of Prize Bail ReleaM > Caveat a Evidence and Hearing Assessors References ... Costs and Security for Costs Taxation of Costs ... Interlocutory Applications Affidavits Oaths Consents and Agreements ... Subpoenas Copies. Printing. Office Copks Payments into and out of Court ... Enforcement and execution of Decrees and < Orders Detention ... Requisition by Admiralty... Prize Salvage Laud Expeditions and Conjunct Capture with Ally ... Joint Capture, Flag Officers' Claims and, other Con- flicting Claims between Captors Prize Bounty Distribution and Naval Agency ... Instruments and other Documents, and the service thereof Notices from the Registry Filing Time : Enlargement and Abridgment ... Marshal Hours and Holidays Records of the Court Certificates of Sale, Condemnation, and Restitution ... Forms and Fees Appeals ... ... Cases not provided for Short Title and Commencement ... Page. 261 262 264 266 267 267 267 268 209 270 271 272 273 274 277 277 278 279 279 281 282 282 283 283 284 284 286 286 287 288 289 291 291 292 294 294 294 295 295 295 296 297 297 299 299 .->;-> i.) R 258 Prize ( ourt Rules. 1914 — Table of Contents of. Appendix A, Forms. No. Page. 1 Heading and Titles of Causes 300 (i) In Rem. (ii) In Personam. Writ of Summons : 2 In a cause for condemnation ... ... ... ... ... 300 3 Where ship destroyed or lost ... ... ... ... ... 301 4 In a cause instituted against a captor ... ... ... ... 302 5 In Prize Salvage ... ... ... ... ... 302 6 In Joint Capture or Re-capture ... ... 302 7 Notice in lieu of Service of a "Writ ... ... ... ... ... 303 8 Entry of Appearance ... ... ... ... ... ... ... 303 9 Claims in Causes for Condemnation ... ...303-305 (i) By Master, (ii) By Agent (iii) By Managing Owner. (iv) By Master and Sole Owner, (v) By Authority of Neutral Government, (vi) For Droit of Admiralty on Seizure in Port, (vii) For Droit of Admiralty on Capture hy Non-Commis- sioned Ship. 10 Affidavit of Service of Writ 305 11 Affidavits as to Ship Papers ... ... 306 (i) Ordinary Affidavit, (ii) Where Ship Papers injured, lost, &c. (iii) Where no Ship Papers found (iv) By Person having control of Ship Papers within the jurisdiction. 12 Notice of Discontinuance ... ... ... ... ... ... 307 13 Pleadings ...307-312 (i) In Proceedings for Condemnation. (ii) In Prize Salvage, (iii) In Joint Capture or Re-capture, (iv) In Objection to Registrar's Report. 14 Order for Particulars ... ... ... ... ... ... ... 312 15 Particulars ... ... ... ... ... ... ... ... 312 16 Affidavit of Discovery ... ... ... 313 17 Notice to Produce for Inspection ... ... ... 313 18 Notice to Produce at Hearing ... 314 19 Notice to Admit ... ... ... ... ... ... ... 314 (i) Documents, (ii) Facts. 20 Admission of Facts ... ... ... 315 21 Warrant of Arrest ... 315 22 Affidavit to lead Warrant of Arrest ... ... 316 23 Commission of Appraisement and Sale 316 24 Certificate of Appraisement ... ... ... ... ... ... 317 25 Bills of Sale by Marshal 317-320 (i) Of Foreign Ship, (ii) Of British Ship. 26 Contract for Sale 320 27 Marshal's Accounts ... 321,322 28 Bail Bond 322 29 Affidavit of Justification ... ... ... ... 323 30 Notice of Bail 323 Prize Court Rules, 1914 — Table of Contents of. 259 Appendix A, Forms — conU No. 31 32 33 34 35 36 37 38 39 40 41 42 13 44 45 46 47 48 49 50 51 .v> Notice of Objection to Surety Release ... ( i ) On Restitution. (ii) From Arrest. I Vrtificate of Release ... Notice for Caveat Warrant ... < '.mat Warrant Notice for Caveat Release < 'a vea t Release ... Notice for Caveat Payment ... Caveat Payment Notice of Withdrawal of Caveat Commission to Examine Witnesses ... Request ... Return to Commission to examine Witnesses Registrar's Report Order confirming Registrar's Report Notice of Objection to Registrar's Report ... Notice of Motion Summons Heading and Jurat to Affidavit v/atiis ... ... ... ... ... ... ... ... (i) To be administered to a Witness, (ii) To a Deponent (iii) To a Shorthand Writer, (iv) To an Interpreter (a) General Form. (6) Before swearing a deponent. Declarations in lieu of Oaths ... (i) By Witness, (ii) By Deponent. Order ... ... Decrees ... ... ... (i) On Condemnation ; where Claim made. (ii) For Detention, (iii) On Condemnation by Default, (iv) For Detention on Condemnation by Default, (v) On Condemnation of a Ship of War. (vi) On Condemnation of a Neutral Ship, (vii) On Condemnation ; where ship has been destroyed, (yiii) On Restoration. ( ix) Condemning Ship and Restoring Cargo. (x) Restoring Ship and Condemning Cargo, (xi) Restoring Neutral Ship and Condemning Cargo, (xii) On Condemnation as Droit of Admiralty, (xiii) In Prize Salvage ; where Ship is brought in and remains under Arrest. where Value sworn or agreed. where Ship restored but ( largo con- Page. 323 324 32 1 325 :,>:, 325 XK\ 328 326 326 327 328 328 329 329 329 329 330 330 330 331-338 (xiv) (XV) where Ship is brought in and re- in Prize Salvage In Prize Salvage demned. (xvi) In Prize Salvage leased on Bail. (xvii) In Prize Salvage : where the Ship has been allowed to prosecute her Voyage, (xviii) In Joint Capture ; on Condemnation, pronouncing for or against title to share, (xix) In Joint Capture : on Condemnation, reserving question by whom taken. 57 i; 260 Prize Court Rules, 1914— Table of Contents of Appendix A, Forms — cont. No. Page, (xx) In Joint Capture ; subsequent to Condemnation, pro- nouncing for or against title to share, (xxi) In Joint Capture ; before or subsequent to Con demnation, admitting or dismissing petition, (xxii) In Joint Recapture ; pronouncing for Joint Title or Interest, (xxiii) In Joint Recapture ; reserving question to whom due. (xxiv) In Joint Recapture ; rejecting claim of alleged Joint Recaptors and pronouncing for Sole Title or Interest, (xxv) In Prize Bounty ; for title, (xxvi) In Prize Bounty ; on Claim to share as Joint Captors before title declared, (xxvii) In Prize Bounty ; on Claim to share after Decree for Prize Bounty made, (xxviii) In Prize Bounty ; reserving question to whom the Bounty is due. 54 Notice of Motion for Requisition by the Admiralty ... ... 338 55 Notice of Requisition by the Admiralty ... ... ... ... 338 56 Commission of Appraisement of Property Requisitioned by the Admiralty ... ... ... ... ... ... ... 338 57 Affidavit of Value ... ... ... ... ... 339 58 Agreement of Value ... ... ... ... ... ... ... 339 59 Certificate of Service ... ... ... ... ... 339 60 Minute on Filing Documents ... ... ... ... ... 339 61 Minute of Examination of Witnesses ... ... ... ... 340 62 Certificate of Condemnation and Sale of Ship ... ... ... 340 63 Certificate of Sale of Ship ... ... ... ... ... ... 340 64 Certificate of Condemnation and Sale of Goods or Cargo ... 341 65 Certificate of Sale of Goods or Cargo ... ... ... ... 341 66 Certificate of Restitution of Ship ... ... ... 341 67 Certificate of Restitution of Goods or Cargo ... ... ... 342 Appendix B, Fees. Fees to be taken in Prize Matters by the Court and its Officers 34.'^ Appendix C, Fees. Fees to le charged by and allowed to Practitioners in Prize Matters in the Court ... ... ... 347 Index ... ... ... ... ... .. ... ... ... ... 353 Prizi Court Rules, 1914. 261 The Prize Coubt Rules, L914. ORDER I. Interpretation. 1. In these Rules and the tonus thereto annexed, unless the context otherwise requires, tin- following expressions shall have and include the meanings hereby assigned to them, that is to sa y : — ... " Captor " shall mean any person taking or .-eizmhall (for the purposes of proceedings in any cause or matter,) include the captor's solicitor (if any), or the proper officer of the down, and shall include re-captor; " Capture " shall include re-capture; " Cause " shall mean any prize proceeding instituted by a writ ; " Claimant " shall mean any person who shall assert a claim to ship o]' goods taken or seized as prize, or to compensa- tion, and shall (for the purposes of proceedings in any cause or matter) include the claimant's solicitor (if any); (a)" Consular officer " shall include consul-general, consul, vice- consul, consular agent, and any person tor the time author- ised to discharge the duties of consul- general, consul, or vice-consul ; " Counsel " shall include any barrister-at-law, advocate, or other person entitled to practise and have audience in the Court ; " Court " shall mean the High Court acting in the exercise of prize jurisdiction, and any court in a British Possession duly authorised to exercise prize jurisdiction: " Crown " shall include the Crown in its office of Admiralty: " Defendant " shall (for the purposes of proceeding in any cause or matter) include the defendant's solicitor (if any). " Judge " shall mean any Judge of the Court acting in the exercise of prize jurisdiction : (a)" Lords of the Admiralty" shall mean the Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral : " Marshal " shall mean the marshal of the Probate, Divorce, and Admiralty Division of the High Court, or of any court in a British Possession duly authorised to exercise prize jurisdiction, or such other officer as shall he appointed by such court to carry out the duties of the marshal under these Rules; (a)" Month " means calendar month: " Owner " shall include any person to whom by operation of law the property in ;i -diip seized or taken a- prize shall, in whole or part, have passed, and shall also include any person intervening in a cause on behalf of an owner, or intervening; and claiming or alleging an interest in such ship; ._. ,..,,. V ...iJJJU.^ >., ..ixv^^r. (a) These definitions are identical with those of the Interpretation Act. 1889 (52 & 53 Yiet. c. 03), ss. 3. 12 (4) (20), save that that \n uses the expression " the Admiralty." 262 Prize Court Rule*, 1914. " Party " shall (for the purposes of proceedings in any cause or matter) include the proper officer of the Crown and the party's solicitor (if any); " Person " shall include company and corporation and body politic ; " Petitioner " shall (for the purposes of proceedings _ in any cause or matter) include the petitioner's solicitor (if any) ; " Plaintiff " shall (for the purposes of proceedings in any cause or matter) include the plaintiff's solicitor (if any). " President " shall mean the President of the Probate, Divorce, and Admiralty Division of the High Court, or the principal Judge of a Court in a British Possession duly authorised to act as a Prize Court, as the case may be; " Proper officer of the Crown " shall mean the King's Proctor or other law officer or agent for the Crown authorised to conduct prize proceedings on behalf of the Crown within the jurisdiction of the Court ; " Eegistrar " shall mean the Admiralty Registrar of the Pro- bate, Divorce, and Admiralty Division of the High Court, or any assistant or deputy Admiralty Registrar thereof, or the Admiralty Registrar of any court -in a British Possession duly authorised to exercise prize jurisdiction, or such other officer as shall be appointed by such court to carry out the duties of the Registrar under these Rules ; " Registry " shall mean the Admiralty Registry of the Pro- bate, Divorce, and Admiralty Division of the High Court, or of any court in a British Possession duly authorised to exercise prize jurisdiction. " Respondent " shall (for the purposes of proceedings in any cause or matter) include the respondent's solicitor (if any) : " Ship of war " shall include armed ship. " Solicitor ' shall mean any solicitor, attorney, or proctor eutitled to practise in the Court, and the proper officer of the Crown ; 2. Unless the contrary intention appears, the provisions of these Rules relative to ships shall extend and apply, mutatis mutandis, to goods and to freight (if any) due or to grow due; and for such purpose the term " ship " when used in these Rules shall also mean " goods " and " freight." 3. Except where the contrary intention appears, words and expressions in these Rules shall have the same meaning as in the Naval Prize Acts. ORDER II. Institution of Causes and Issue and Service of II nt. (a) Institution of Causes. 1. Every cause in matters of prize shall be instituted by a writ. 2. Causes -hall he numbered in the order in which they are instituted, and the number given to any cause shall be the Prize ('"art Rules, 1914. 263 distinguishing number of the cause, and shall be Written 01 print.'.] mi all instruments and other documents in the can-- as part oi the title thereof, and the cause Bhall be entered in the minute book under Buch number. Forms oi the heading and title of a cause will be found >u ApjMii.lix A, Nos. 1 (i. and ii.). 3. Everj cause instituted for the condemnation oJ a ship as prize, including causes under Rule 6, shall, excepl as herein- after provided, be instituted in the name of the Crown; bu1 the proceedings therein may, with the consenl of the Crown (through the proper officer of the Crown), be conducted by the captors or any parties to whom the ship would on condemnation be con- demned as prize. All oilier causes may be instituted in the name of the parties claiming or proceeding. (/>) Issue of Writs. 4. Writs shall be issued out of the Registry. 5. A writ for the condemnation of a ship as prize shall be in the torin No. 2 of Appendix A. The writ shall be issued on the aj.pl nation of the proper officer of the Crown. No writ tor the condemnation of a ship as prize shall be issued until an affidavit has been filed as to ship papers. 6. Where the ship has been destroyed or lost, or where goods have been destroyed or lost or removed from the ship, the writ shall be in the form No. 3 of Appendix A. 7. In a cause instituted against a captor for restitution or damages, the writ shall be in the form No. 4 of Appendix A. 8. A cause instituted for the recovery of prize salvage (except where the ship is brought in for adjudication) shall be commenced by writ in the form No. 5 of Appendix A. "9. In a cause instituted to enforce a claim of joint capture, the writ -hall be in the form No. G of Appendix A. (c) Service of Writs. 10. In a cause for the condemnation of a ship as prize, the writ shall be served by the marshal or his substitute. 11. Service of the writ shall be effected by affixing the original writ on a conspicuous part of the ship, and by leaving a true copy fixed in its place when the original is removed. 12. The writ shall be filed by the party after service as afore- said, with a certificate of service endorsed thereon. The certifi- cate of service shall state the date and mode of service, and shall be signed by the person serving the same, and shall be taken as evidence of such service and of the date and mode thereof. 13. Service of a writ in a cause instituted as in Rule 6 mentioned, shall be effected by the writ being filed in the Registry by the captor, and notice of the institution of the cause shall be given in such manner as the Judge may direct. 14. In a cause instituted as in Rule 7 and Rule 8 mentioned, the writ shall be served on the captors. 15. If it is made to appear to the Judge that service in the manner prescribed by these Rules is impracticable, the Judge may 264 Prize Court Rules, 1914. make such older for substituted or other service, or for the substitution for service of notice by advertisement or otherwise as may seem just. Every application for substituted service or for the substitution of notice for service shall be supported by an affidavit setting forth the grounds upon which the application is made. (d) Service out of the Jurisdiction. 16. Service of a writ may, by leave of the Judge, be allowed out of the jurisdiction. 17. Application for leave to serve a writ out of the jurisdiction shall be upon affidavit, stating that in the belief of the deponent the applicant has good cause for proceeding, and showing in what place or country the person or ship to be served is or probably may be found, 'and the grounds upon which the application is made. 18. An order giving leave to effect service out of the juris- diction shall limit a time after such service within which an appearance shall be entered. 19. Where the person to be served out of the jurisdiction is not a British subject, or the ship is not the property of a British subject, notice of the writ and not the writ itself shall be served. Notice in lieu of service shall be served in the manner in which a notice of a writ of summons is served according to the procedure for the time being in force in the High Court. A form of notice in lieu of service will be found in Appendix A, No. 7. 20. Where under the practice of the High Court notice of a writ is served through the diplomatic channel, the notice shall, if the writ is issued by the High Court, be transmitted to the Secretary of State for Foreign Affairs in accordance with such practice, and, if the writ is issued by a Prize Court in a British Possession, be transmitted through the chief executive authority to the Secretary of State for the Colonies, with a request for the further transmission of the same to the Government of the country in which service is to be effected. (e) General. 21. A writ for condemnation and the fact of service thereof shall be advertised by the Eegistrar forthwith in one or more of such newspapers and on one or more occasions as he shall think proper. 22. Where a writ is issued on the application of an alien enemy an affidavit shortly stating the grounds of the claim must be filed in the Eegistry before the writ is issued. 23. Where a writ is issued in respect of a ship purporting to be neutral, notice of the institution of the cause shall be sent by the Eegistrar to the consular officer of the State to which the ship purports to belong. OEDEE III. Appearance and Claim. 1. Any person, desiring to enter an appearance in a cause, shall Prize Court Rules, 1914. 265 enter an appearance (Appendix A, Form No. 8) in the Registry within eight days after service of the writ, or may by leave of the Court do so at any time before final adjudication. He shall thereupon become ;i party to the cause. 2. A person, on entering an appearance, shall give notice thereof to the party issuing the writ. 3. Where a person has no usual residence or place of business within the jurisdiction, appearance may be entered for him by the master of the ship or by an agent duly authorised. 4. A party who has entered an appearance may make a claim in one of the forms marked No. 9 (i.) to (vii.) in Appendix A, with such variations as the circumstances may require. 5. An alien enemy shall, before entering an appearance, file in the Registry an affidavit stating the grounds of his claim. 6. Where no appearance has been entered the party issuing the writ may proceed in the cause subject to the filing of an affidavit of service of the writ. See Appendix A, Form No. 10. OEDER IV. Affidavit as to Ship Papers. 1 . An affidavit as to ship papers shall, unless previously sworn, or otherwise ordered by the Judge, be sworn within ten days after the ship is brought in for adjudication or is seized in port. 2. The affidavit shall, with the ship papers exhibited thereto, be filed in the Registry within three days after the same is sworn as aforesaid, or, if sworn before the ship is brought in for adjudication, within three days after the ship is brought in for adjudication. •i. If a captured ship is destroyed or lost, the affidavit as to ship papers shall, with the ship papers exhibited thereto, be filed within three days of the institution of the cause. 4. Where ship papers are in the custody or under the control of any person within the jurisdiction of the Court, the Judge may, on the application of the captor or of a claimant, order the person having such custody or control to bring the papers into Court; and thereupon such person shall bring in all ship papers as exhibits to an affidavit in the form marked No. 11 (iv.) in Appendix A. •">. The ship papers shall be exhibited to the affidavit and shall be numbered consecutively; and the person before whom the affidavit is sworn shall initial each of the documents. 6. Every affidavit as to ship papers shall be sworn before a Commissioner appointed to administer oaths, or before any other person lawfully authorized to administer oaths in prize matters, or before the Registrar. The person in charge of the ship, or a person desiring to make an affidavit shall produce to the person 266 Prize Court Unlet, 19.14. before whom the affidavit is sworn all the ship papers (if any) delivered up or found on board the ship. 7. Where ship papers are delivered up or found in ordinary course at the time of rapture, the affidavit as to ship papers shall be in the form marked No. 11 (i.) in Appendix A. Where any ship papers have, after being delivered up or found, been lost, mislaid, injured or altered, or where any ship papers are found hidden or concealed, the affidavit shall be in the form marked No. 11 (ii.) in Appendix A, with such variations as the facts may require. Where no ship papers are delivered up or found on board the ship, the affidavit shall be in the form marked No. 11 (iii.) in Appendix A. Provided that no affidavit shall be invalidated by reason only of a defect in form. ORDER V. Proceedings in case of failure to proceed by Captors. 1. Where a ship has been captured as prize, and still remains detained, and no cause is instituted against it within one month from the time it is so taken or seized, a claimant may, after issuing a writ as provided by Order II., apply for an order for the release of the ship and its restoration to him, and the Judge upon such application may make such order as to the restoration of the ship and as to damages or costs or as to proceeding to judgment as he may think fit. 2. Where a ship has been captured as prize, but has been sub- sequently released by the captors, or has, by loss, destruction, or otherwise, ceased to be detained by them without proceedings for condemnation having been taken, any person interested In the ship wishing to make a claim for costs and damages in respect thereof, shall issue a writ as provided by Order II. 3. Where, after a cause has been instituted, the captors fail to take any of the steps within the respective times provided by these Rules, or, in the opinion of the Judge, fail to prosecute with effect the proceedings for adjudication, the Judge may, upon the application of a claimant who has entered an appear- ance as provided by Order III., order the ship to be released and to be restored to the claimant, and may make such order as to damages or costs as he may think fit. 4. Any person interested in a ship may, without issuing a writ, under the circumstances stated in Rule 1, provided he does not intend to make a claim for restitution or damages, apply by summons for an order that the captors proceed to adjudi- cation, and the Judge may, on the hearing of such summons, order the captors to proceed to adjudication or make such other order as he niav think fit. Vrizi Court Rules, 1914. 267 ORDEB VI. I '/isi-unf I II llllllll . Proceedings may be discontinued by Leave of the Ju< and qoI otherwise; such discontinuance maj be in resped ol all or anj pari of the subjed matter of the cause. No order I discontinuance shall be made or taken to prejudice the right (if any) oi a claimani to costs and damages. Notice of discon- tinuance (Appendix A. Form No. 12) shall be served on the other parties. ORDER .VII. Pleadings. 1. A party instituting a cause or making a claim shall, if ordered by the Judge, file a petition in the Registry, and serve a copy on the other parties to the cause. Any party served with a copy of the petition may within seven days file an answer thereto and forthwith serve the same, and there shall be no further pleadings except by order of the Judge. 2. The petition and answer shall be divided into short para- graphs numbered consecutively which shall state concisely the tacts, and the effect of the documents, if any, on which the party relies, and shall be signed by the party or his solicitor or counsel. 3. A pleading may at any time be amended by consent of ihe parties, or by order of the Judge. If a party unreasonably refuses to give his consent he shall be liable to be condemned in the costs occasioned by such refusal. 4. A party may apply to the Judge to decide before the trial oi the cause' any question of law raised by any pleading, and the Judge shall thereupon make such order as he shall think fit. 5. Any person becoming a party after the filing of a petition. shall, after making a claim, or by leave of the Judge, be entitled to a copy of the petition, and shall within seven days of the receipt thereoJ plead thereto as in Rules 1 and 2 stated. Forms of pleadings will be found in Appendix A. Nos. 13 (i to (iv.). ORDER VIII. Particulars. In any cause the Judge may, on the application of any 268 Prize Court Rules, 1914. party by summons, order particulars in writing to be delivered by a party upon such terms as he may think just. * Forms of order and of particulars will be found in Appendix A, Xos. 14 and 15. ORDER IX. Discovery, Inspection, and Admission of Documents and Facts. 1. Any party to a cause or matter may, upon filing an affidavit, apply to the Judge for an order directing any other party to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein, and the Judge shall make such order, either generally or limited to certain classes of documents, as he may think fit. Provided that discovery shall not be ordered unless the Judge shall be of opinion that it is necessary either for disposing fairly of the cause or for saving costs. 2. The affidavit of discovery (Appendix A, Form No. 16) shall specify which, if any, of the documents therein mentioned the party objects to produce, and the grounds of his objection. 3. Any party to a cause may, for the purposes of the hearing of a cause, serve a notice (Appendix A, Form No. 17) on any other party to produce, for inspection or for the purpose of being copied, any document in his possession or power relating to any matter in question in the cause. 4. If the party served with notice to produce omits or refuses to do so within the time specified in the notice, the adverse party may apply to the Judge for an order to produce, and the Judffe may, if he thinks fit, make such order. 5. Notice to produce documents at the hearing or at an exami- nation of witnesses shall be in the Form No. 18 of Appendix A, with such variations as the circumstances may require. 6. The captor or any party who has entered a claim, or. by leave of the Judge, any other party may inspect in the Registry and take copies of the ship papers filed in the cause. T. A party may, for the purposes of any hearing of a cause, serve a notice (Appendix A, Form No. 19) on any other party to admit any document or fact, saving all just exceptions, and a party not admitting it after such notice shall be liable for the costs of proving the document or fact; unless at the hearing the Judge shall certify that the refusal or omission to admit was reasonable. Form of admission of facts will be found in Appendix A. No. 20. Prize Court Rules, 1914. 269 ORDER X. Arrest of Prize. — Warrant. 1. Where a .ship is taken as prize and broughl into port within the jurisdiction of the Court, or seized as prize in port within such jurisdiction, or having been taken or seized as prize comes or is howsoever within the jurisdiction oi the Court, hut is not delivered up to the marshal of the Court, the Judge may, after claim made, and upon the application oi the claimant, order a warrant for the arresi oi the 8 hip to he issued. 'J. Where, iii any proceeding, it shall be made to appear to the Judge by the Crown or any party to a cause other than a claimant that property taken or seized as prize is within the jurisdiction of the Court, and that it is necessary or desirable that such property should be within the custody of the Court, the .Indue may, on the application of the Crown or such party. order a warrant for the arrest of such property to be issued. 3. A warrant (Appendix A, Form No. 21) for the arresi oi property shall be issued only on the order of the Judge. Xo warrants shall be issued for the arrest of property until an affidavit has been filed by the party applying for the warrant as herein-after prescribed. 4. The affidavit shall state the grounds upon which the appli- cation is made and thai the aid of the Court is required. Form of affidavit to lead warrant will be found in Appendix A, Xo. 22. 5. The warrant shall be issued out of the Registry, and lodged by the party applying for the same with the marshal, and it shall be served by the marshal in the manner following: — (1) upon ship, freight, or goods on board, by attaching the warrant for a short time to some conspicuous part of the ship, and by leaving a copy of the warrant attached thereto : (2) upon goods or freight where the goods have been landed or transhipped or are not on board a ship, by attach- ing the warrant for a short time to such goods, and by leaving a copy of the warrant attached thereto; or, if the person having the custody of the good- refuses access thereto, by showing the warrant to such person and by leaving with him a copy thereof: 3) upon freight or proceeds of prize in the hands of any person other than a person holding the same on behalf id' the Court, by showing the warrant to him, and by leaving with him a copy thereof: h upon freight or proceeds in Court, by showing the war- rant to the Registrar, and by leaving with him a copy thereof; A warrant served as in paragraph < : >) provided, shall be deemed to be an order for payment into Court forthwith of the freiuht or proceeds in respect of which the warrant is issued : Provided that, instead of such warrant, the Judge may, if he sees fit, order the person holding or having received such freight or proceeds to pay the same into Court. 27(1 Prize Court Rules, 1914. 6. In urgent cases, the marshal may, after a warrant is placed in his hands for execution, authorise his substitute by telegram or telephone to detain such property until the service of the warrant can be duly effected as herein provided. 7. Warrants may be served on any day, including Sunday and any public holiday. 8. Warrants shall be filed by the marshal within one week after service thereof has been completed, with a certificate of service endorsed thereon. 9. This order shall not apply to ships of war. ORDER XI Sale, Appraisement, Safe Custody and Inspection of Prize. 1. The Judge may, at any time on the application of the marshal or any party, make such order as to the removal, safe custody or preservation of a ship as he may think fit, and may at any time on account of the condition of a ship, or on the application of a claimant, and on or after condemnation, order the ship to be appraised, if not already appraised, and sold. 2. The appraisement and sale of a ship, the removal and survey thereof, and the unlading and warehousing of goods shall be effected by the marshal under the authority of a com- mission. Forms of commission and bills of sale by the marshal will be found in Appendix A, Nos. 23 and 25. 3. Where a ship is ordered to be sold, such sale shall be by public auction unless the Judge shall for good cause other- wise order, and the gross proceeds thereof shall be paid into Court by the marshal. Form showing usual conditions of sale will be found in Ap- pendix A, Xo. 26. 4. Where the Judge orders any act or acts in Rule 2 men- tioned to be done, the party who has obtained the order shall thereupon obtain out of the Registry a commission and shall lodge the same with the marshal for execution. '>. Every commission issued under Rule 2 shall, as soon as possible after its execution, be filed in the Registry by the marshal with a return, setting forth the manner in which it has been executed. The marshal shall, with the commission, till- his accounts and the vouchers in support thereof. Forms of marshal's certificate and accounts will It found in Appendix A, Nos. 24 and 27. Prize <'"urt Rules, 1914. 271 6. The Registrar shall on the application of any party review the marshal's accounts, and shall report the amount which he considers should be allowed; and any party to the cause may be heard before the Registrar on the review. 7. The Judge on the application of any party by summons may review the Registrar's d< cision. 8. The amounl found due to the marshal shall be paid oul to him on an order signed by the Judge. 9. All costs and expenses of and incidental to orders issued under Rule 2 shall in (he first instance be borne and paid by the party on whose application the order is issued. 111. Where the Judge directs thai goods be unladen, inven- toried, and warehoused, they shall, unless the Judge otherwise orders, remain in the custody of the marshal until sale or resti- tution thereof. 11. The - lodge may, it' he thinks tit, upon the application of any party to a prize proceeding, order any property under the arrest of' the Court or being the subject-matter of a prize pro- ceeding to be inspected by any party thereto or by any person appointed by the Court. ORDER XII. Bail. 1. Bail shall be given by filing a bail bond, which shall be signed by two sureties, unless the Judge shall order that one surety shall suffice, and it shall be taken before a commissioner authorized to administer oaths in the Court in the exercise of its ordinary jurisdiction, or before the Registrar, or by his direction before a clerk in the Registry, and in every case the sureties shall just ify by affidavit. Forms of bail bond and of affidavit of justification will be found in Appendix A, Nos. 28 and 29. 2. A bail bond shall not, unless by consent, be filed until after the expiration of twenty-four hours from the time when a notice (Appendix A, Form No. 30) containing the names and addresses of the sureties and of the commissioner before whom the bail was taken shall have been served upon the adverse .solicitor, and a copy of the notice verified by affidavit shall be tiled with the bail bond. •'!. No commissioner shall take bail on behalf of any person for whom he or any person in partnership with him is acting as solicitor or agent. 4. A commission or fee paid to a person becoming surety to a bail bond or otherwise giving security may he recovered on taxa- tion, provided that the amount of such commission or fee shall not 272 Prize Court Rules, 1914. in the aggregate exceed one pound per centum on the amount in which bail is given. 5. If the adverse party is not satisfied with the sufficiency of a surety, he may file a notice of objection to such surety (Appendix A, Form No. 31). The surety shall thereupon be produced for cross-examination on his affidavit before the Registrar, who shall report on his sufficiency. If the Registrar reports against the sufficiency of the surety, a new bail bond shall be prepared. 6. Where bail is given in a cause for condemnation it shall be deemed to be given and to be answerable not merely to the actual captors, but to all parties having any rights in or against the property, including the Crown, and in respect of the decree of the Court or of any court authorised to hear appeals therefrom. ORDER XIII. Releases. 1. Property in the custody of the Court whether under arrest or otherwise shall onlj T be released under the authority of an instrument issued from the Registry (Appendix A, Form No. 32), to be called a release. 2. A release shall be issued at any time before adjudication upon the application of the proper officer of the Crown. 3. A release may be issued without an order of the Judge unless there is a caveat outstanding against the release of the property — (1) where the property has been ordered by the Judge to be delivered on bail, and one or more bail bonds have been filed for the appraised value of the property; or (2) where the property has been arrested at the instance of the Crown and a consent for a release signed by the proper officer of the Crown is filed ; or (3) where the property is the subject of proceedings for con- demnation and a consent to restitution signed by the captors is filed ; or (4) where proceedings instituted by or on behalf of the Crown are discontinued ; or (5) Where in proceedings for the recovery of prize salvage the parties claiming salvage discontinue their pro- ceedings, or their claim is dismissed; or (6) Where in proceedings for the recovery of prize salvage one or more bail bonds have been filed, or other satisfactory security given, for the amount of salvage claimed and costs. 4. No release shall affect the right (if any) of the owners of the property captured to costs and damages against the captor, unless so ordered by the Judge. 5. Where property has been arrested for prize salvage, the release shall not be issued under the foregoing Rules, except on Prize Court Rules, L914. 273 discontinuance of the proceedings or dismissal of the claim, until the value of the property arrested has been agreed upon between the parties or ascertained as by these Rules provided, unless the Judge shall otherwise order. 0. The release shall be lodged with the marshal by the party upon whose application it has been issued, and thereupon, upon payment to the marshal of all fees due to and charges incurred by him in respect of the property by the party upon whose application the release lias been issued, unless the J ml. ire shall otherwise order, the property shall be at once released. 7. The marshal shall file the release with a certificate (Appendix A, Form No. 33) endorsed thereon of the date of the execution thereof. 8. The rules of this Order, except rules 1, G and 7, shall not apply to releases on requisition by the Lords of the Admiralty under Order XXIX. ORDER XIV. Caveats. 1. Where a ship is subject to a claim for prize salvage but is not under arrest, any person desiring to prevent the arrest of such ship may file a notice in the Registry undertaking to enter an appearance in any cause for the recovery of prize salvage that may have been or may be instituted against such ship, and to give bail in such cause in a sum not exceeding an amount to be stated in the notice, or to pay such sum into the Registry; and a caveat against the issue of a warrant for the arrest of the ship shall thereupon be entered in the caveat warrant book herein-after mentioned. Forms of notice and of caveat warrant will be found marked Nos. 34 and 35, respectively, in Appendix A. 2. A party taking proceedings for prize salvage against a ship, in respect of which a caveat has been entered in the caveat warrant book, shall forthwith serve a copy of the writ instituting the pro- ceedings upon the party on whose behalf the caveat has been entered, and within three clays of the service of the copy of the writ the party on whose behalf the caveat has been entered shall, if the sum claimed does not exceed the amount for which he has undertaken, give bail in such sum or pay the same into the Registry. 3. If the party on whose behalf the caveat ha- been entered shall not within the three days prescribed by Rule 'J have given bail iu such sum or paid the same into the Registry, the caveat may be over-ruled. 4. The entry of a caveat warrant shall not prevent the issue of a warrant for the arrest of any property, but a party at whose instance a warrant shall be issued for the arrest of any property :>750 274 Prize Court Rules, 1914. in respect of which there is a caveat warrant outstanding 1 shall be condemned in all costs and damages occasioned thereby, unless he shall show to the satisfaction of the Judge good and sufficient reason for such issue. 5. Any person having any interest in or claim against any property in the custody of the Court, and desiring to prevent its release,' shall file a notice in the Registry, and thereupon the Registrar shall enter a caveat in the caveat release book hereinafter mentioned. Forms of notice and of caveat release will be found in Appendix A, Xos. 36 and 37. 6. Any person having any interest in or claim against any money in Court, and desiring to prevent its payment out of Court shall file a notice in the Registry, and thereupon the Registrar shall enter a caveat in the caveat payment book herein- after mentioned. Forms of notice and of caveat payment will be found in Appendix A, Nos. 38 and 39. 7. If the person entering a caveat is not a party to the cause, the notice shall state his name and address, and an address within three miles of the Registry at which it shall be sufficient to leave all documents required to be served upon him, and such person shall within seven days of the entry of the caveat enter an appear- ance in the cause, otherwise the caveat will cease to be effective. 8. The party at whose instance a caveat release or caveat pay- ment is entered shall be condemned in all costs and damages occa- sioned thereby, unless he shall show to the satisfaction of the Judge good and sufficient reason for such entry. 9. A caveat shall not remain in force for more than six months from the date of entering the same. 10. A caveat may at any time be withdrawn by the person at whose instance it has been entered, on his filing a notice with- drawing it. A form of notice of withdrawal will be found in Appendix A, No. 40. 11. The Judge may over-rule any caveat. ORDER XY. Evidence and Hearing. 1. A cause for the condemnation of a ship of war shall be heard upon the affidavit as to ship papers, and the ship papers, if any, exhibited thereto, either alone or upon such other evidence as the Judge may direct. 2. A cause for the condemnation of a ship other than a ship of war shall be heard upon the following evidence, namely : — (a) the affidavit as to ship papers, and the ship papers, if any, exhibited thereto; (6) upon the affidavits of the officers of the ship concerned in the capture; Prize Court Rules, V)\\. 2?o (a) the depositions of the witnesses, it any, examined before the hearing, whether such witnesses belong to the capl ured ship or are tendered on behalf of the c tptors or of any ot her party ; (d) the evidence given at the hearing of any witnesses, whether on behalf of the captors or of any other party; and i such furthei evidence, if any, as may be admitted bj the •J udge. •'5. At any time after the institution of a cause, whethei for condemnation or otherwise, the captors or any other partj may apply for the examination of any witnesses before tin- hearing. The examination 'if any), before the hearing, of il i witnesses from the captured ship shall be conducted by the prop< r officer of the Crown, or such other person as the Court .shall appoint, in such manner as the Court shall direct for the purpose of ascertaining all information necessary for the assistance of the Court. 4. On application made under the last preceding rule or other- wise the Judge may make such order as he -hall think fit as to the examination of witnesses, the hearing of the cause, the bringing in of claims, pleadings, discovery by interrogator; discovery and inspection of documents, or as to any other matter upon sueh terms as the nature of the ease may require. 5. After a day has been fixed for the hearing of a cause the Registrar shall send notice to all parties that the cause will be heard on the appointed day. G. At the hearing of a cause the party by whom it lias been instituted shall begin, unless the Judge shall otherwise order. if there are several claimants the Judge shall direct which of them shall begin. At the hearing of claims on joint capture the persons claiming to be joint captors shall begin. 7. No ship shall be condemned at the hearing in the absence of an appearance or claim until six months have elapsed from the sen ice of the writ, which shall be verified by an affidavit of service (Appendix A, Form Xo. 10), unless there be on the ship papei - and on the evidence, if any. of the witnesses from the captured ship sufficient proof that such ship belong- to the enemy, or is other- wise liable to condemnation. 8. Where in two or more causes claims have been made by or on behalf of the same persons, and the ship papers in such causes are on the file and in the control of the Court, any party may, by leave of the Judge at the hearing, invoke and give in evidence in any one of such causes the ship papers brought in and filed in any other of such causes, and may. by leave of the Judge, invoke and nive in evidence in the cause before the Court any ship papers found on board any ship and any deposition made in any other of such causes. 9. Where a witness is to be examiued before the hearing of a cause, the Judge may order that such witness shall be examined before the Judge, or the Registrar, or before some person authorised or appointed for the purpose by the Court (hereinafter called an examiner). 57:,0 S -1 276 Prize Court Rules, 1914. 10. If the witness is out of the jurisdiction of the Court, the Judge may order that he shall be examined before an examiner specially appointed for the purpose, or may order, in lieu of a commission, the issue of a request to examine such witness. Forms of a commission to examine witnesses, and of a request, and of a return to a commission to examine witnesses, 'will be found in Appendix A, Xos. 41, 42, and 43. 11. The evidence of every witness taken before the hearing shall be taken down in writing by the Judge, Registrar, or examiner, before whom such witness is examined, or by a short- hand writer, appointed by the Judge, Registrar, or examiner, or agreed upon by the parties, and such written evidence, or a transcript of the shorthand writer's notes, sliall be certified as correct by the Judge, Registrar, examiner, or shorthand writer. 12. The certified evidence taken before the hearing shall be lodged in the Registry by the party on whose behalf the witness has been examined, or, if taken out of the jurisdiction of the Court, shall forthwith be transmitted by the examiner to the Registry, together with his commission. 13. As soon as the evidence taken before the hearing has been filed or received in the Registry, it may be used as evidence in the cause, saving all just exceptions. 14. "When evidence is given at the hearing by the oral exami- nation of witnesses such evidence may be taken by a shorthand writer, appointed by the Judge, and a transcript of the shorthand writer's notes, certified by him to be correct, shall be admitted to prove the oral evidence of a witness. 15. Any examination of a witness may be adjourned, if neces- sary, from time to time, and from place to place, as the Judge, Registrar, or examiner before whom such examination is taken shall direct. 16. The Judge may order any person within the jurisdiction of the Court who has made an affidavit in a cause to attend for cross-examination thereon before the Judge. IT. "Where witnesses are examined orally, whether before the Judge, the Registrar, or an examiner, the parties, their counsel, solicitors, or agents may attend the examination, and the witnesses shall be examined, cross-examined, and re-examined in such order as the Judge, Registrar, or examiner may direct; and questions may be put to any witness by the Judge, Registrar, or examiner as the case may be. J 8. The Judge may disallow any questions put in cross-examina- tion of any party or witness which may appear to him to be vexatious or not relevant to any matter proper to be inquired into in the cause. 19. Any person wilfully disobeying any order or subpoena requiring his attendance for the purpose of being examined, or or oss-examined, or producing any document, or, on attending, refusing to answer any proper question, shall be deemed guilty of contempt of Court and may be dealt with accordingly. 20. Where any ship papers or other documents have to be trans- lated for use in a cause, such translation shall be made by an Prize Court Rules, 1011. 277 interpreter, appointed by the party who desires to use such trans- lation, or, if necessary, by a person appointed for the purpose by the Judge. The parties to any proceeding may agree, or, if there is no party other than the Crown or the captor, the proper otiieer of the Crown ma\ direct, which and what parts, it any, of tin- ship papers and documents shall lie translated. ORDER XVI. Assessors. One or more Trinity Masters or other assessors may. on the application of any party, or without such application if the Judge sees fit, be called in to advise the Court upon any matters requir- ing nautical or other professional knowledge. Such application shall be made by letter or notice lodged in the Registry sis days at least before the attendance of the Trinity Masters or other assessors is required. The fees of the Trinity Masters or other assessors shall be paid in the first instance by the party on whose demand they are summoned. ORDER XVII. References. 1. The Judge may refer the assessment of damages, the taking of any accounts, or any other matter which he may think lit, to the Registrar either alone or assisted by one or more merchants or other assessors. 2. Within 21 days from the da\ when the order for the refer- ence is made, or an agreement for a reference is tiled, the claimant shall file the claim and vouchers and affidavits, if any. and serve copies thereof on the opposite party. 3. The claimant shall, after the filing of the claim and vouchers, obtain a day for the reference either by summons or by agreement, and when such day has been obtained he shall lodge in the Registry a notice praying to have the refer- ence placed in the list for hearing with the stamps for the reference affixed thereto. 4. At the time appointed for the reference, if any party be present, the reference may be proceeded with, but the Registrar 278 Vrizi Court Hides. 1914. may adjourn the reference from time to time, as he may deem proper. 5. Evidence may be given viva roce or by affidavit or by docu- ments, and the evidence shall, on the application of either party, but at the expense in the first instance of the party on whose behalf the application is made, be taken down by a short- hand writer appointed by the Court, and a transcript of the shorthand writer's notes, certified by him to be correct, shall be admitted to prove the oral evidence of the witnesses on an objection to the Registrar's report. G. When a reference has been heard, the Registrar shall draw up a report in writing of the result of the reference, showing any further particulars and reasons that may be necessary. The Registrar shall report whether any and what part of the costs of the reference should be allowed and to whom. The report shall be in the Form jSo. 44 of Appendix A, or in such other form as the circumstances of the case may require. 7. The claimant, who has received notice from the Registry that the report is ready, shall, within six days from the time when he has received such notice, file the report and serve a notice of such filing on the opposite party, and shall forthwith apply for- an order (Appendix A. Form No. 45) confirming the report . 8. If the claimant shall not take the steps prescribed in the last preceding rule, the adverse party may take up and file the report, and apply for its confirmation, or may apply to the Judge to have the claim dismissed. 9. A party intending to object to the Registrar's report shall, within 14 days from the filing of the report, file in the Registry a notice (Appendix A, Form No. 46) that he objects to the report, and a copy thereof shall be served on the adverse party. 10. An objection to a report shall be brought before the Judge by motion, or on pleadings consisting of a petition in objection to the report and an answer thereto. A notice of motion in objection to a report shall be filed within ten days from the filing of the notice of objection and a copy shall be served on the adverse party, and a petition shall be filed within the same period, and a copy served on the adverse party, and the answer thereto shall be filed within ten days from the service of the petition, and a copy served on the adverse party. Forms of notice of motion and of pleadings respectively will be found in Appendix A, Nos. 47 and 13 (iv). ORDER XVIII. Costs and Security for Costs. I. The costs of and incident to all prize proceedings shall Prize ('our i Rules, L914. 27$ except when otherwise provided by any agreement, or by statute, be in the discretion of the Judge. 2. Any person instituting a proceeding, other than a cause for condemnation, or making a claim, and being ordinarily resi- dent out of the jurisdiction of the Court, may be ordered to give security for costs, though he may be temporarily resident within the jurisdiction of the Court, and the proceeding- may be Btayed until such security is given. 3. In any cause in which security for costs is required, the security shall he of such amount, and be given at such times and in such manner or form, as by bond, payment into Court 01 otherwise, as the Judge shall direct. ORDER XIX. Taxation of Costs. 1. A party desiring- to have a bill of costs taxed either between [tarty and party or between solicitor and client, shall file the bill in the Registry. 2. In. all cases of taxation the Registrar shall be the taxing officer and the taxation shall proceed in the High Court in accordance with the law and practice governing the taxation of costs in the High Court in the exercise of its Admiralty Instauce jurisdiction, and in a Court in any British Possession in ac- cordance with the law and practice governing the taxation of costs in such court in the exercise of its ordinary jurisdiction. ORDER XX. Interlocutory Applications. 1. Any application to the Judge at any time other than at the hearing of a cause shall, if made in Court, be made by motion, or, if made in chambers, bv summons (Appendix A, Form Xo. 48). 2. Every application to the Judge other than applications which are by these Rules directed to be made by motion, may be made in chambers by summons, but a summons may he adjourned by the Judge into Court. 280 Prize Court Rules, 1914. 3. Every notice of motion (Appendix A, Form No. 47) or summons shall be served upon the adverse party at least 24 hours before the date of the return thereof, unless by consent of the adverse party, or by order of the Judge, the time for such service is shortened. 4. Every notice of motion or summons shall state the nature of the order desired, and the day on which the application is to be made. 5. When the motion or summons comes on for hearing the Judge may, after hearing the parties, or in the absence of any of them, on proof that the notice of motion or summons has been duly served, make such order as he shall deem right. G. Save as herein-after provided, no motion or summons shall be heard without previous notice to or service on the parties affected thereby, but the Judge, if satisfied that the delay caused by proceeding in the ordinary way would, or might, entail irre- parable or serious mischief, may make any order ex parte upon such terms as to costs or otherwise, and subject to such under- taking, if any, as the Judge may think just; and any party affected by such order may move to set it aside. 7. Any application made in chambers ex parte shall, if the Judge think fit so to require, be made by summons. 8. The Registrar may transact all such business and exercise all such authority and jurisdiction in respect of the same as under these Rules may be transacted or exercised by the Judge in chambers, except in respect of the following proceedings and matters, that is to say — (1) all matters relating to the liberty of the subject or attachments ; (2) awarding of costs other than the costs of or relating to any proceeding before the Registrar and costs which, by these Rules or by the order of the Judge, the Registrar is authorised to award ; Provided, that the Registrar shall only transact such business and exercise such authority and jurisdiction where he has power to transact the like business and exercise the like authority and jurisdiction in matters arising out of the ordinary jurisdiction of the Court. Provided, further, that any application in chambers may, if required by any party thereto, be heard by the Judge. 9. Any party affected by any order or decision of the Regis- trar may appeal to the Judge by summons, and such appeal shall be made within three days after the order appealed from. 10. The Judge may on due cause shown vary or rescind any order or decision previously made on motion or summons other than an order made in Court on an appeal from chambers. 11. An appeal from the decision of the Registrar in chambers shall be no stay of proceedings unless so ordered by the Judge or Pofnstrar. Prize Court Rules, 1914. 281 ORDEB XXL Affidavits. 1. Every affidavit shall be intituled in the cause or mattei in which it is sworn, or, if sworn before the commencement of a cause, it shall be headed with the name of the captured ship, and shall be divided into short paragraphs numbered consecutively, and shall be in the first person, and signed by the deponent. 2. The name, address, and description of every person making an affidavit shall be inserted therein. Where an affidavil is made by two or more persons, the names of all such persons, and the dates when, and the places where, it is sworn, shall be inserted in the jurat. Form of heading and jurat to an affidavit will be found in Appendix A, No. 49. 3. When an affidavit is made by any person who is blind, or who, from his signature or otherwise, appears to be illiterate, the person before whom the affidavit is sworn shall certify thai the affidavit was read over to the deponent, and that the deponent appeared to understand the same, and made his mark or wrote his signature thereto in the presence of the person before whom the affidavit was sworn. 4. When an affidavit is made by a person who does not speak the English language, the affidavit shall be taken down and read over to the deponent by interpretation of a person previously sworn faithfully to interpret the affidavit. 5. Affidavits sworn within the jurisdiction shall be sworn before the Judge, Registrar, commissioner, or officer empowered under these Rules to administer oaths. 6. Affidavits sworn out of the jurisdiction may be sworn before the following persons : — (1.) If sworn in any place being a part of His Majesty's Dominions before any person authorised to administer oaths in such place. (2.) If sworn in any place not being a part of His Majesty's Dominions, before any person authorised to administer oaths under the Commissioners for Oaths Act, 1889, (a) Sections 4 and 6, or under the Commissioners for Oaths Act, 1891, (b) Section 2, or under the Commissioners for Oaths (Prize Proceedings) Act, 1907, (c) or before a notary public, or before a Judge or magistrate, the signature of such notary public, Judge, or magis- trate being authenticated by the official seal of the Court to which he is attached, or by the official seal of the Supreme Court of the country where the affidavit is sworn, or by the Certificate of a consular officer. 7. The reception of any affidavit as evidence may be objected to, if the affidavit has been sworn before the solicitor for the party on whose behalf it is offered, or before a partner or clerk of such solicitor. (a) 52 & 53 Yict. c. 7. In the Statutes Revised, Vol. 17 (1909). bs. 1. 6 of the Act of 1889 are printed with the insertions made by the Acts of 1891 and 1907. (b) 54 & 55 Vict. c. 50. (c) 7 Edw. 7. c. 25. 282 Prize Court Rules, 1914. 8. Every affidavit shall, before being used as evidence, be tiled in the Registry, and a copy thereof served on the other parties to the cause. ORDER XXII, Oaths. 1. The Registrar, and any commissioner for oaths, or other per- son directed or empowered to administer oaths in prize proceed- ings niay administer oaths therein. 2. The Judge may appoint any person to administer oaths in prize proceedings either generally or in any particular pro- ceeding. 3. Any person to whom an oath is administered shall swear in the manner provided by the Oaths Act, 1909, (a) or in such manner as is provided by the law regulating the manner of taking oaths in the Court. 4. If any person tendered for the purpose of giving evidence, whether orally or by affidavit, objects to take an oath or is not a Christian, or is objected to as incompetent to take an oath, or is by reason of any defect of religious knowledge or belief incapable of comprehending the nature of an oath, the Judge or person authorised to administer the oath shall, if satisfied that the taking of an oath would have no binding effect on his con- science, permit him, in lieu of an oath, to make a declaration. 5. Eorms of oaths and declarations in lieu of oaths will be found in Appendix A, Nos. 50 and 51. ORDER XXIII. Consents and Agreements. Any consent or agreement in writing, signed by the parties or by their solicitors, may, if the Registrar think it reasonable, be filed, and shall thereupon become an order of the Court, and have the same effect as if such order had been made by the Judge. (a) 9 Edw. 7. c. 39. This Act, which provides for the holding of the Testa- ment in uplifted hand, does not apply to Scotland. I'rr.i Court Rules, 1914. 283 ORDER XXIV. Subpa nas. 1. Any party desiring to compel the attendance of a witness for the purpose either of giving evidence or of producing any docuuienl may serve him with a subpoena, which shall be prepared by the party and issued under the seal of the Court. Forms of subpoena shall be such as arc for the time being in force in the Eigh Court, or in the case <>l .1 Court in a British Possession such as are for the time being in force in that conn in the exercise of its ordinary jurisdiction. 2. A subpoena may contain the 'names of any number of wit- nesses, or may be issued with the names of the witnesses in blank. 3. Service of the subpoena must be personal, and may be made by the party or his agent, and shall, if necessary, be proved by affidavit. 4. Refusal or neglect to attend on subpoena issued as aforesaid, or to give evidence on attendance thereunder, shall be deemed to be contempt of Court and may be dealt with accordingly. ORDER XXY. Copies. Printing. Office Copies. 1. Depositions, pleadings, affidavits, and all other documents and copies thereof may be either written, typed, or printed as may be most convenient, except transcripts of the evidence of a witness taken before a hearing', which shall be printed, unless the Regis- trar shall otherwise order. Any dispute between the parties as to whether a document should be written, typed, or printed shall be decided by the Registrar on the application, without a summons, of any party. 2. Where a document is printed the rules as to printing for the time being in force in the High Court, or in the case of a Court in a British Possession the rules as to printing for the time being in force in that court in the exercise of its ordinary jurisdiction shall have effect as if such rules were part of these rules. 3. Any person entitled to inspect any document in a cause. shall on payment of the proper charges for the same be entitled to an office copy thereof. 284 Prize Court Rules, 1914. ORDER XXYI. Payments into and out of Court. 1. In causes instituted in the United Kingdom all funds and moneys to be paid into Court in prize matters, and all securities to be placed to the credit of any such matters, shall be dealt with in the manner in which moneys or securities paid or transferred into Court are usually dealt with in the exercise of the ordinary jurisdiction of that Court. 2. In causes instituted in a British Possession all funds and moneys to be paid into Court in prize matters, and all securities to be placed to the credit of any such matters, shall be trans- ferred, paid, or placed to the account or credit of the proper officer of the Court, which is authorised to act as a Prize Court, to whom moneys paid into Court are usually paid, and shall be placed in the books of the said officer to the credit of ' ' Prize Moneys," and of the particular ship in respect of which the same shall be transferred, paid, or placed. If there is no such officer as above, the payments shall be made to the Registrar who shall open an account in a bank to be approved by the •Judge in respect of the particular ship, in respect of which the said moneys shall be transferred, paid, or placed. 3. Xo money shall be paid out of Court except in pursuance of a decree or order of the Judge. ORDER XXVII. Enforcement and Execution of Decrees and Orders. 1. Where the Judge condemns property as prize the decree of condemnation may be enforced : — (1.) If the property is still under arrest, by sale of such property. (2.) If the property has been sold before condemnation and the proceeds have not already been paid into Court, by order to the persons holding the same to pay the same into Court. (3.) In respect of freight found due for the carriage of goods in a ship condemned as prize, by arrest of the goods so carried until oavment into Court of such freight or by order against the owner of the goods, or other- persons holding, or responsible for, such freight, to pay the same into Court. (\.) So far as a decree deals with costs and expenses (other than costs and expenses ordered to be paid out of proceeds), by order against the parties ordered to pay the same or their bail. Prize Court Rules, 1914. (5.) If the property has been released on bail before con- demnation, by order against the bail. 2. Where the judge decree- property taken or seized as prize to be restored to the owner thereof the decree shall be carried out by means of a release as prescribed in Order XIII. : Pro- vided] that the Judge may order such release upon such terms as to the paymenl of costs and expenses and freight (if any le due), or otherwise, as to the Judge maj seem just, and if rach terms are not complied with or such payments are not made within a time to be named in 1 he order, may direct the appraise- ment and sale of such property and the payment into Court of the proceeds of sale, and the payment thereoul of Buch costs and expenses or freight . 3. Where in a decree restoring a ship it is pronounced that freight is due in respect of cargo carried therein and payment of such freight is ordered, the decree may be enforced as regards the payment of freight against the cargo or the owners thereof : — (1.) If the cargo has been condemned, by payment out of the proceeds of the sale of such cargo. (2.) If the cargo has been unladen and sold before adjudica- tion and the proceeds of the sale are still in Court, by payment out of the proceeds of sale. (3.) If the cargo has been unladen, but still remains under the arrest of the Court, by sale of such cargo and payment out of the proceeds of sale. (4.) If the cargo has been unladen and has been restored to the owner on bail, by order against the bail to pay the freight into Court. (5.) If the cargo has been unladen and has been restored to the owner without bail, by order against the ownei or person to whom the same has been restored, or against any person having received or being in possession of such cargo or freight, to pay such freight into Court. 4. Any decree or order other than a decree of condemnation or restitution and not expressly provided for by the Naval Prize Acts, (a) or by these Rules, may be enforced by order against the parties against whom such decree or order is made, or may be enforced in the same manner as a judgment, decree or order of the High Court in the exercise of its Admiralty jurisdiction, or, in the case of a court in a British Possession, in the same manner as a judgment, decree or order of that court in the exercise of its ordinary jurisdiction may be enforced. 5. Forms of order and decrees will be found in Appendix A, Nos. 52 and •">•", (i.) to (xxviii.). 6. The Pules of this Order shall apply to the enforcement by the Court of decrees or orders of any other Prize Court or of the Judicial Committee of the Privy Council. (a) The Naval Prize Act. 1864 (27 s Vict.c. 49), and the Prize Courts I Procedure) Act, L914, may 4 & :< Geo. 5. c. 13, b. 2) (printed at p. 8 above) be cited as "The Naval Prize Act-. 1864 to L914." 286 Prize Court Rules, 1914. ORDER XXVIII. Detention. 1. Where it is held in a suit for condemnation that the ship is an enemy ship but in pursuance of some International conven- tion or otherwise is only liable to detention and not to condem- nation, the decree (Appendix A, Form 53, ii. and iv.) shall direct the marshal to retain the ship in his custody until further orders. 2. Where a decree of detention has been made under Rule 1 the ship shall be kept at such port or place as the Court may from time to time direct. •".. a) Fee No. 4S of Appendix Ii shall not be leviable in respect of a ship detained under Rule /, and no ship-keeper shall he maintained on hoard the ship except on the application of the owner or other parti/ interested in the ship. The expenses incurred in the payment of a ship-keeper under this rule shall be recover- able from the claimant as fees due to the marshal. ORDER XXIX. Requisition hy Admiralty. l.fb) If in a cause for the condemnation of a ship in respect of which no final decree has been made, it is made to appear to the Judge on motion on behalf of the Crown that the Lords of the Admiralty desire to requisition the ship and that there is no reason to believe that the ship is entitled to be' released, he shall order that the ship shall be appraised, and that upon pay- ment into Court on behalf of the Crown of the appraised value oi the ship the said ship shall forthwith be released and delivered to the Lords of the Admiralty. Form of notice of motion will he found in Appendix A, IS o. 54. Provided that no order shall be made by the Judge under this rule in respect of a ship which he considers there is good reason to believe to be neutral property. 2. Where a ship has been condemned as prize and has not yet been sold, or where a decree for the detention thereof has been made in accordance with Order XXVIII. the proper officer of the Crown may file a notice (Appendix A, Form No. 55) that the Lords of the Admiralty desire to requisition the same, and thereupon a commission (Appendix A, Form No. 56) to the marshal directing him to appraise the ship shall issue. On pay- ment into Court on behalf of the Crown of the appraised value the ship shall be released and delivered to the Lords of the Admiralty. Service of this notice shall not be required before filing, but copies thereof shall be served upon the parties by the proper officer of the Crown as soon thereafter as possible. (a) The Order in Council of September 30th, 1914 (printed at p. 366 below), provides that Rule 3 shall be omitted, and this omission shall be retrospective and shall take effect as if the said Rule had never been inserted in the said Rules. (b) The Order in Council of September 30th, 1914 ('printed at p. 366 below), provides that in Rule 1 the words "on motion" and " Form of notice of motion ^.v ill be found in Appendix A, No. 54," shall be omitted. Prize Court Rules, V)\ 1. 287 3. Where in any cuse of requisition under this Order it is made to ap] >e:i r to the Judge on motion^) on behalf of the Crown thai the ship is required for the service of His Majesty forthwith, the Judge may order the same to be forthwith released and delivered to the Lords of the Admiralty withoul appraisement. 4. In any case win we a -hip has been requi-it iur\ Huh,. L914. .■illy within the meaning of sect. 35 o\ the said Ad, shall be pro- ceeded against and deaH with, as Ear ^ possible, in the Bame manner as herein-before provided in the case of any other ship captured as prize. ORDEE XXXII. Joint Capture, Flag Officers* ('hums, ami other Conflicting Claims between Captors. 1. Any person claiming to share as joint captor (hereinafter tailed " the petitioner") may, at any time after the institution of a cause relating to a ship in respect of which he claims a .-hare, proceed as herein-after provided : (1.) A writ (Appendix A. Form No. 6) shall be issued by the petitioner in the Registry, instituting a cause of joint capture. (2.) [f the cause is instituted before condemnation of the ship in respect of which the petitioner claims to share, or in prize salvage before adjudication, the pe- titioner shall, except in the case of a flag officer claim- ing to share by virtue of his flag, within six days after issuing his writ give security to the satisfaction of the Court to contribute to the actual captors a just propor- tion of any costs, charges, expenses or damages that may be incurred by or awarded against the actual captors on account of the capture and detention of the prize. Within 10 days after such security is given the petitioner shall file in the Registry a petition setting out the materia] facts on which he relies to establish his claim to share as aforesaid. (M.) If the cause is instituted after condemnation of the ship in respect of which the petitioner claims to share, or in prize salvage after adjudication, the Judge shall, upon sufficienl cause being shown by affidavit why the application was not presented before condemnation or adjudication, and upon payment being made and security being given (as hereinbefore provided), allow the writ to be served upon the party to whom the ship has been condemned hereinafter called "the respondent "), or in prize salvage on the captors, who shall show cause why the petitioner >hould not be pronounced to be a joint captor of the said Bhip. (t ) Where the cause is instituted after condemnation, the petitioner shall, within 10 day- a fter 3Uch payment has been made and such security has been given, file i petition setting out all the material facts on which he relies to establish his claim to share as aforesaid, and serve the same as herein-before provided. 6750 T 290 Prize Court Rules, 1914. (5.) The respondent shall appear to the writ by entering an appearance (Appendix A, Form No. 8) in the Registry within the time named in the writ. 2. The respondent, if he desires to contest the right of the peti- tioner to share, shall file an answer. If the respondent admits the right of the petitioner to share, he shall file an admission in the Registry. A copy of every pleading shall be served on the opposite party. Forms of the above pleadings will be found in Appendix A, Xo. 13 (iii). 3. Upon the answer, and the reply thereto (if any), or admis- sion being filed, the petition shall be heard in Court, on an early day to be appointed by the Registrar, upon the application of either party, upon such evidence as the Judge shall think fit. 4. If in a cause instituted against a ship for condemnation as prize, or in a cause for prize salvage, a cause of joint capture is instituted before condemnation or adjudication, the Judge may, at the hearing of the principal cause, upon condemnation of the ship as lawful prize to the Crown, determine the title of the petitioner to share as aforesaid. Forms of decree in joint capture will be found in Appendix A, No. 53 (xviii.) to (xxi.). 5. The costs of and occasioned by the petition shall, as the Judge shall direct, be borne by the petitioner or respondent or be paid out of the proceeds of the ship if condemned. 6. Except by special leave of the Judge no party shall be admitted to claim to share as a joint captor in a prize, or in prize salvage, unless he shall institute his cause and file his petition within six months from the date on which the Judge shall have pronounced any other party entitled to such prize, or prize salvage. 7. A claim by a flag oflficer to share in prize, or prize salvage, by virtue of his flag shall not be made until after condemnation, and shall then be made in the same form and manner, and the same proceedings shall be had thereon, as in cases of asserted joint capture : Provided, that such flag officer shall not be required to pay costs or give security for costs. 8. Where in any proceedings instituted for condemnation, or for prize salvage, the title or interest of the party insti- tuting such proceedings is denied by any other party who asserts that he has as captor the sole title or interest in the prize, or prize salvage, proceedings may be taken for the purpose of determining such title or interest in the form and manner herein provided for determining the title and interest in a claim of joint capture : Provided, that the petitioner shall not be required to give any security or pay any costs before so pro- ceeding unless so ordered by the Judge, and that the form of proceedings shall assert such sole title and interest instead of a joint title and interest, and that the petition shall be filed within 10 days after the cause is instituted by the petitioner instead of after security uiven. 9. All other applications to share in prize proceeds, or prize salvage, shall, unless the Judge shall otherwise direct, be made by motion. Prize Court Rules, 1914. 291 ORDER XXXIII. Prize Bounty. In claims for prize bounty the procedure shall be as follows: — (I.) Where the ship is brought in for adjudication the appli- cation lor a decree under the Naval Prize Ad, L864, Section 43, shall be made in Courl al the hearing of the principal cause, or as soon thereafter as possible. (2.) Where the 3hip has been destroyed, or, having heen taken, has aol been brought in for adjudication, the application for a decree as aforesaid .-hall be made by motion in ( !our1 . (3.) Not less than four clear days before such application, notice thereof shall he served upon the proper officer of the Crown. (4.) The witnesses in support of the application shall be examined before the Judge in Court, or their evidence may be given by affidavit. (5.) If the Judge makes a decree in favour of the application and there are no parties other than the original appli- cants claiming' to share in the bounty, the Judge may upon the hearing of the application, or at a later date if he shall see fit, make a decree declaring the title of the applicants to the prize bounty, and stating the amount thereof. If there are other persons claiming to share in the bounty, the Judge may make a decree that bounty is due, stating the amount thereof, but reserving the question to whom the said bounty is due. Forms of decree will be found in Appendix A, No. 53 (xxv.) to (xxviii.). (6.) All claims to share as joint captors in prize bounty shall be, as far as possible, subject to the same procedure and rules, and be heard and determined in the same manner, as herein-before provided in the case of claims to share as joint captors in prize. ORDER XXXIV. Distribution mnl Naval Agency. (») In questions concerning the distribution or investment of prize moneys, whether the proceeds of prize, prize salvage, or prize bounty, distributable under the provisions oi the Naval Agency and Distribution Act, 1864, (b) or others ise, and in questions con- cerning the remuneration of .-hips" agents under the said Acl the procedure shall be as follows: — (1.) Any application for distribution or investment of such money shall be by motion. (a) Attention should be called /<■ Section 22 of ih>< Naval Agency mid l>i*- tribution An. l -v, | (b) 27 & 28 Vi.-t <•. 24. 5750 T :> 292 Prize Court Rules, 1914. (2.) No motion shal] be beard unless lour (lavs' previous notice thereof, intituled in tbe cause to the credit of which such money stands or in which such money has been pronounced due, has been served by the applicant upon all parties interested, including (if they are not applicants) the Lords of the Admiralty. (3.) The Judge may, if he thinks fit, direct any application for distribution or investment to be heard on pleadings. (4.) Evidence on such applications shall be by affidavit, but the Judge may direct any witness to be examined or cross-examined. (•").) Tn the taxation of the costs, charges, and expenses of the officers and crew of any of His Majesty's ships or of any ships' agent under Section 13 of the Naval Agency and Distribution Act, 1864, the same pro- cedure shall be followed as is herein-before provided for the taxation of costs. (6.) Where any difference within the meaning of Section 20 of the Naval Agency and Distribution Act, 1864, arises between ships' agents as to the apportionment of their percentage, any such agent may take out a summons intituled in the cause in which the question arises calling upon all other persons interested to show cause why the matter should not he referred to the Registrar, and upon such summons and proof of due service thereof on such persons an order may bo made referring such difference to the Registrar. TTpon report made by the Registrar any party may object to the same. Order XVII. shall apply, as far as possible, to references under t li is Order. ORDER XXXV. Instruments and other Documents, and the Service thereof. 1. Every warrant, release, commission, and other instrument to be executed by any officer of, or commissioner acting under the authority of, the Court, shall be prepared in the Registry, and shall he issued under the seal of the Court. 2. The seal of the Court to be used for the purposes of these. Rules shall be such as the President shall from time to time direct. 3. Every document issued under the seal of the Court shall hear date on the day of sealing, and shall be deemed to be issued at the time of the sealing thereof, Prize <'j Sale, Condemnation, and Next it tit ion,. 1. Where property taken or seized as prize is sold by order or decree of the Court, any person to whom such property is sold may, within one month from the date of the sale or con- demnation of the property, whichever last happens, and after notice to the proper officer of the Crown, apply to the Judge for an order directing the issue of a certificate of condemnation and sale, or of sale only; and upon such application the Judge shall, unless good cause is shown to the contrary, direct a certificate to be issued, and the same shall be issued in one of the forms in Appendix A, Nos. 62, 63, 64, 65. 2. Where such certificate is issued in respect of a ship, the a indicant shall be entitled to have a certificate endorsed on the bill of sale by which the ship is sold to him, on production of the bill of sale to the Registrar. Where such certificate is issued in respect of goods or cargo, the applicant shall be entitled to have the certificate endorsed on the contract or sold note (if any) under which such goods or cargo were sold to him on production of such contract or sold note to the Registrar. 3. Where the property taken or seized as prize is restored to the owner thereof by order or decree of the Court, the ownei mav within one month from the date of the order or decree, and after notice to the proper officer of the Crown, apply to the Judge for an order directing the issue of a certificate of resti- tution, and the Judge shall, unless good cause is shown to the contrary, direct a certificate to be issued in one of the forms in Appendix A, Nos. 66 or 67. Prize Court Rules, 1914. 297 ORDER XLIII. Forms and Fees. 1. 'J he tonus in Appendix A -hall be followed with such variations as (lie circumstances may require. 2. The fees t<> be taken in tin- Couri in prize matters by the ('.nut and the officers thereof, and the costs, charges, and exper to be allowed to the practitioners therein, shall be the fees sel out in Appendix B, and tin- costs, charges, and expenses set out in Appendix (' respectively, or so near thereto as the currency in use in any place in which the ('unit is situate will permit. All tec- t.» he taken as aforesaid shall lie taken hy mean- of stamps. 3. No document shall be filed, no process issued, no decree or order made, nor act done, hy the Court or Registrar, until the fees due and payable in respect of sucL filing, issue, decree, order, or act respectively, shall have been paid into the Registry, unless it is otherwise ordered by the Judge. ORDER XLIV. Appeals. 1. In this Order, unless the context otherwise require- : "Appeal" means " Appeal to His Majestj in Council." " Judgment " includes decree, order or decision. "Record' means the aggregate of papers relating to an appeal (including the pleadings, proceedings, evidence, and judgment) proper to be laid before His Majesty in Council on the hearing of the appeal. 2. Applications to the Court for the admission of an appeal as of right, or for leave to appeal, shall, if not made at the time that the judgment appealed from is delivered by the Court, be made by motion within seven days from the date of such judg- ment, and the applicant shall give to the opposite party notice of his intended application. 3. An appeal shall only be admitted, or leave to appeal granted, by the Court — (a) upon the appellant, within a period to be fixed by the Court, entering into sufficient security to the satisfac- tion of the Court, if so required, for the due prosecu- tion of the appeal and the payment of all such costs as ma\ become payable to the respondent in the event of the appeal being dismissed for non-prosecution or of His Majesty in Council ordering the appellant to pay the respondent's costs of the appeal; and (6) upon such conditions, if any. as to the time or time- within which the appellant shall take the necessary steps for the purpose of procuring the preparation of Prize Court Rules, 1911. the record and the despatch thereof to the Privy Council as the Court, having regard to all the circum- stances of the case, may think it reasonable to impose. 4. The Court shall have power, when admitting the appeal or granting leave to appeal, either to direct that the said judgment shall be carried into execution or that the execution thereof shall be suspended pending the appeal, and, in case the Court shall direct the said judgment to be carried into execution, the person in whose favour it was given shall, before the execution thereof, enter into sufficient security, to the satisfaction of the Court, for the due performance of such order as His Majesty in Council shall think fit to make thereon. 5. As soon as an appeal has been admitted, whether by an order of the Court or by an order of His Majesty in Council granting special leave to appeal, the appellant shall without delay take all necessary steps to have the record prepared forthwith. 6. The preparation of the record shall be subject to the super- vision of the Court, and the parties may submit any disputed question arising in connection therewith to the Court. 7. The Registrar as well as the parties shall endeavour to exclude from the record all documents (more particularly such as are merely formal) that are not relevant to the subject matter of the appeal, and generally to reduce the bulk of the record as far as practicable. 8. Records in appeals to His Majesty in Council shall be printed in the form known as demy quarto and may be printed either in or out of England. The number of lines in each page shall be forty-seven or thereabouts and every tenth line shall be numbered in the margin. Where the record is printed out of England, the Registrar shall, at the expense of the appellant, transmit to the Registrar of the Privy Council forty printed copies of such record, one of which copies he shall certify to be correct by affixing thereto the seal of the Court Where the record relates to an appeal from a Court out of England and is to be printed in England, or where the record relates to an appeal from the High Court in England, the Regis- trar shall, at the expense of the appellant, transmit to the Registrar of the Privy Council one certified copy of such record, together with an index of all the papers and exhibits in the case. 9. Where there are two or more appeals arising out of the same matter the Court may direct the appeals to be consolidated. 10. An appellant may, at any time before the record is trans- mitted to the Privy Council, withdraw his appeal on such terms as to costs and otherwise as the Court may direct. 11. Where an appellant fails to show due diligence in the pro- secution of his appeal before the transmission of the record to the Privy Council, the Court may, on an application made by the respondent, dismiss the appeal or make such order as to costs or otherwise as the Court shall think fit. 12. Where at any time before the hearing of the appeal the record becomes defective by reason of the death or change of status of a party to the appeal, the Court shall, on an application Prize Court Rules, 1914. 299 made by any person interested, grant a certificate showing who, in the opinion of the Court, is the proper person to be substituted on the record in place of, or in addition to, the party who lias died or undergone a change of status. 13. Where His Majesty in Council directs a party to bear the costs of an appeal incurred in the Court below, Buch costs Bhall be taxed by the proper officer of the Court in accordance with Order SIX., r. 2. 14. The Court shall enforce any order or judgment of His Majesty in Council in like manner as any judgment or order of the Court. 15. An appellant whose appeal has been admitted shall pro- secute his appeal in accordance with the rules for the time being regulating the general practice and procedure in appeals to His Majesty in Council, so far as such rules may be applicable. ORDER XLV. Cases not provided for. In all cases not provided for by these Rules, the practice of the late High Court of Admiralty of England in prize proceedings shall be followed, or such other practice as the President may direct. ORDER XLVI. Short Title and Commencement. These Rules may be cited as The Prize Court Rules, 1914, and shall come into operation immediately on the making thereof (a) ; except that, so far as they apply to any Court in a British Possession outside the United Kingdom, they shall not come into operation until they are proclaimed in the Possession by the Governor thereof. (a) These Rules were subsequently made in identical terms (in accordance with s. 1 of the Rules Publication Act, IX'.i;} (f,<; ,v- a 7 Vict, c 66)), by Order in Council of September 17th, 1914, printed at p. .">ii."> below. 300 Prize Court Rules, 1!)14. APPENDIX A. O. XLTI1. FORMS. Note. Every document issued from the Court or Ltcyistry must beai the Seal of the Court.] No. 1. l) [I.r.2. Heading and Titles of Causes. (i.) In lion. 19 . (Here put numher). In tlir High Court of Justice. Probate, Divorce, and Admiralty Division [or other Court having prize jurisdiction]. I n Prize. (// the cause is instituted against a ship only, or against a ship and cargo, or against a ship, cargo, and freight, the title should be the name of the ship only and the name of her master:) The ; (or, if the cause is instituted against cargo only:) Cargo ' .'■ ; (or, if the cause is instituted against goods other than cargo:) Goods taken at ; (or, if the cause is instituted against the proceeds realised by the sale of ship or cargo or goods:) The proceeds of the ship ; (or) The proceeds of the cargo ex ; (or) The proceeds of the goods taken at (ii.) In Personam. No. [Heading as above.] Between A.B.. plaintiff, and CD. and E.F., the owners of the ship , defendants, or CD. and E.F., the owners of the cargo ex ship , defendants. No. 2. 0. II. r. 5. Writ of Summons in a Cause (General Form). (Heading and Title as in No. 1.) George the Fifth, by the Grace of God, of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, King, Defender of the Faith. To the owners and parties interested in the ship of the port of and the goods laden therein (if the cause is instituted against the ship or cargo only, these words must be adapted accordingly), (if the cause is instituted against goods other than cargo, say, To the owners and parties interested in the goods taken at hereinafter specified), seized and taken as prize by our ship of war , , Commander (or by our Officers of Customs at the port of , as the case may be). We command you that within eight days after the service of this writ (in a cause in personam add on you), inclusive of the day of such service, you do cause appearances (or an appearance) to be entered for you in the Registry of our said Court in a cause instituted on our behalf by our Procurator General or other the proper officer of the Crown (if the proceeding is against a droit of Admiralty, add in Our Office of Admiralty) against the said ship and goods for the condemnation thereof as good and lawful prize (if claimed as droit of Admiralty, add. and as droits and perquisites of CJs in Our Office of Admiralty). I'm Court Rules, l!H4. 301 And take notice tlmt in default 'if your bo doing our said Court (or, in a cause in personam, the plaintiff) mm proceed therein and judgment may be given in your absence. Witness. Are. tin mcordance with the form generally in u < in tht Court) Memorandum to be subscribed on tin Writ. N.B.- This wrii is tn be served within twelve calendar months from the dale thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of Buch dale, and noi afterwards. Appearance hereto may 1 ntered either personally or by solicitor at the Admiralty Registry, Royal (Joints of Justice, London im a. the 'a.sc may he). Indorsements /<> be made mi I In' Writ i>i/<>ii issui thereof. This writ was issued by l he said , who resides at , or, this writ was issued by of , whose address for service is , solicitor for the said , who resides at , or, this writ was issued by , of , whose address I'm- service is , agent for . of , solicitor for the said , who resides at (If writ is issued by un Officer < Order II.; or, if in personam, state the name of tin person served ami the place of service) on day, tlie day of , 19 . Indorsed the day of , 19 . (Signed) ( Address) No. 3. Whit of Summons in a ('.use for Condemnation where the Sine or o Ll.rr. 6, 13 Goods have been Destroyed or Lost. (Heading and Title as in No. 1 (i).) George the Fifth, &c. (as in No. 2). To the owners and parties interested in the ship or vessel, &c. (as in No. 2), seized and taken as prize by our ship of war , , Commander (or by Our Officers of Customs at the port of ), the said ship and goods having been destroyed (or lost) (state generally Un circumstances of the destruction or lass) (if the goods hair been removed and brought in far adjudication without the ship, add, and the said goods having been removed from the said ship and being now in custody of our said Court). We command you, &c. (as in No. 2). (Remainder of form, indorsements, cfcc, as in No. 2.) [Note. If ship ay goods only havt been destroyed oi last, the a' rm m\ist he altered aeeardinaly.] 302 p T i ze Court Rules, 1914. No. 4. O. II. it. 7. 14. Writ op Summons in a Cause Instituted against a Captor. (Reading and Title as in No. 1 (ii.).) George the Fifth, &c. (as in No. 2). To , Commander of our ship of war, We command you that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Registry of our said Court in an action at the suit of , a subject of (state nationality of petitioner), claiming restitution of the ship , taken and seized as prize by our said ship of war, and damages for her detention (or damages for the loss or destruction of the said ship). And take notice, &c. (as in No. 2). Witness, &c. (as in No. 2). (Indorsements, d-c., as in No. 2.) No. 5. 0. II. rr. 8, 14. Writ of Summons in Prize Salvage. O.XXX. r. 1. (Heading and Title as in No. 1 (ii).) George the Fifth, &c. (as in No. 2). To CD., the owner (or as the case may be) of the ship, We command you that within eight days after the service of this writ, inclusive of the day of such service, you do cause an appearance to be entered for you in the Admiralty Registry of our said Court in a cause of prize salvage instituted against you on behalf of And take notice, &c. (as in No. 2). Witness, &c. (as in No. 2). (Indorsements, &c, as in No. 2). No. 6. 0. II. r. 9. Writ of Summons in Joint Capture or Recapture. O. XXXII. r. 1(1). (Heading and Title as in No. 1 (ii).) George the Fifth, &c. (as in No. 2). To (the persons originally claiming as captors or recaptors). We command you that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the Registry of our said Court in a cause of joint capture (or recapture) instituted against you on behalf of (insert names of persons claiming, as, e.g., A.B., the Commander, and the crew of our ship of war ) asserting a claim to be pronounced joint captors (or recaptors) with you of the said ship , and the goods, wares and merchandise laden on board of her (or, of the goods, wares and merchandise ex the said ship ), and to share in the proceeds thereof (or, in the salvage payable in respect thereof). And take notice, &c. (as in No. 2). Witness, &c. (as in No. 2). (Indorsements, &c, as in No. 2.) O. XXXV. r. L2. Prize Court Rules, 1914. 303 No. 7. Notice in Lieu of Ski.\ ice of a Wiut out of the Jurisdiction. o. n. r . iy (Heading and Tith as in No. I.) To , of Take notice, that , of , has instituted a cause against you, in the (here insert the name of the Prize Court), by writ of that Court, dated the day of , a.d. 19 , for (copy the words <>f tin writ showing tin object /<I ('ohm maj proceed therein and judgment may be given in your absence. You may appeal- to the said writ by entering an appearance personally or by your solicitor at the (here insert the Registry of the Court). (Signed) of , &c, or of &c, Solicitor for N.B. — This notice is to be used where the person to be served out of the jurisdiction is not a British subject, or the ship or goods are not the property of a British subject. No. 8. Entry of Appearance. 0. III. r. 1. (Heading and Title as in No. 1.) O xxx'n Enter an appearance for , owner of the ship r. 5. above-mentioned (or as the case may be). Dated the day of , 19 . (Signed) , of "Address for service Solicitor for the above-namer 1 , or agent for , of , Solicitor for the above-named, * An address for service within three miles of the Registry must be given. No. 9. Claims in Causes for Condemnation. O. III. (Headings and Titles as in No. 1.) (i.) Claim by Master. The claim of , the master of the , a subject of His Majesty the King of (or a citizen of , (;5 the case may be), on behalf of (fill in name of owner of ship), of (residence of owner), also a subject of His Majesty the King of (or as above), the true, lawful, and sole owner of the said ship, her tackle, apparel, and furniture, at the time she was taken and seized as prize by His Majesty's ship , , Commander, and brought into , (and, if the ship owm rs are also owners >>f tin cargo or of part thereof) and of (describe tin cargo, giving numbers, weight, and description) laden on board the said ship at the time of the capture thereof aforesaid (and if claim is made on behalf of cargo owners) : Also on behalf of , of , merchants, subjects (or citizens, &c, as above) of , the true, lawful, and sole owners of (describe goods as above), also laden on board the said ship at the time of the capture aforesaid (and, if he has a private adventure) : And also for his private adventure consisting of for the said ship, goods, and private adventure, as the true, lawful, sole. 304 Prize Court Rules, 19] I. and entire property of (subjects or citizens), of as aforesaid, and for freight, demurrage, and all such loss, costs, charges, damages, and expenses, as have arisen and been incurred, or may arise and be incurred, by reason of the capture and detention aforesaid (Signed) CD., Claimant. (ii.) Claim by Agent. The claim of , of merchant (or as the case may be), on behalf of Messrs. and , of , merchants, the true, lawful, and sole 'owners of (enumerate and describe goods), which were laden and on board the said ship at the time of the capture thereof by His Majesty's ship , , Commander, and brought into ; for the said goods as the property of neutral subjects, and for all such costs, losses, damages, and expenses which have arisen, or shall or may arise, by reason of the capture and detention thereof as aforesaid. (Signed) C.T)., Claimant. (iii.) Claim hy Managing Owner. The claim of , of , shipowner, on behalf of himself and others, as the true and lawful owners of the above-named ship , her tackle, apparel, and furniture, at the time she was taken and seized as prize by His Majesty's ship , , Commander, and brought into (or, at the time of her seizure by the officers of His Majesty's Customs at the port of ), for the said ship and for all losses, costs, charges, damages, demurrage, and expenses which have arisen, or shall or may arise, by reason of the seizure and detention of the said ship as prize. (Signed) CD., Claimant. (iv.) Claim by Master and Sole Owner. The claim of , the master of the said ship , a subject of His Majesty the King of , for and on behalf of himself, the true, lawful, and sole owner of the -aid ship, her tackle, apparel, and furniture, at the time she was taken and seized as prize by His Majesty's ship , Commander, and brought into , (or, at the time she was taken and seized as prize whilst lying at the port of by the officers of His Majesty's Customs at that port) ; for the said ship and for freight, demurrage, and all such loss, costs, and charges, damages and expenses as have arisen and been incurred, or shall or may arise and be incurred by reason of the capture and detention aforesaid. (Signed) CD., Claimant. (v.) Claim by authority of Neutral Government, The claim of , of merchant, by authority of His Excellency the (Ambassador, Minister for Foreign Affairs, or as the rase may be) of the (Emperor, King, &c, as the rase may be) of on behalf of His Majesty the of , for the said ship whereof was master, her tackle, apparel, and furniture, and for all and singular the goods, wares, and merchandise laden on board the same, at the time when the said ship and cargo were taken and seized as prize whilst in the ports or roads of , or in waters within three miles of the coast of (or wherever the capture took place), of , by the , > Commander, and carried to , for the said ship and cargo, as having been seized within the territories and jurisdiction of His Majesty aforesaid, the of , and contrary to, and in violation of, the law of nations and of the rights and territories of the Crown of Hi- Majesty a ion said, the of , (and Prize Court Rules, 1914. 306 contrary to, and in violation of, existing treaties between His Britannic Majesty and His Majesty aforesaid, the of ,j and for all freight, losses, costs, charges, damages, demurrage, and expenses winch have arisen, or shall or may arise, by rea on of tho capture and detention of the said ship and cargo. (Signed) CD., Claimant on behalf of the Govern- ment (or as the case may be) of (vi.) Claim for Droit of Admiralty on Seizurt in Port. The claim of CD., Admiralty Proctor (-//■ „.s- the case may be), on behalf of Our Sovereign Lord the King, in His office of Admiralty, for the said ship the . whereof was master, her tackle, apparel, and furniture, and any goods laden therein, seized and taken in port, in the United Kingdom (or as the ca i may be), by His Majesty's ship the , , Commander, and proceeded against in the (here fill in the name of the Prize Court), as prize to the said ship. For tho said ship the , her tackle, apparel, and furniture, and any goods laden therein, seized and taken as aforesaid, and as such or otherwise suhject to confiscation as prize, and as droit", and percpiisites of His Majesty in His office of Admiralty; and tor all costs, losses, damages, and expenses that have arisen, or shall or mav arise, and be due in the premises. (Signed) CD., Claimant on behalf of the Admiralty. (vii.) Claim for Droit of Admiralty on Capture by Non-Commissioned Ship. The claim of CD., Admiralty Proctor (or as the case may be), on behalf of Our Sovereign Lord the King, in His office of Admiralty, for the said ship, the Alpha, whereof was master, her tackle, apparel, and furniture, and any goods laden therein, seized and taken by the ship Beta, , Commander, and proceeded against as prize to the said ship, the Beta (or His Majesty, as the case may be). For the said ship, the Alpha, her tackle, apparel, and furniture, and any goods laden therein, seized and taken as aforesaid by a ship other than a ship of war of His Majesty, and as such or otherwise subject to confiscation as prize, and as a droit and perquisite of His Majesty in His office of Admiralty. _ (Signed) CD., Claimant on behalf of the Admiralty. Note. — Every claim must be indorsed by the claimant or his solicitor, with the grounds on which the claim is made, as follows: — The grounds of the said claim are: — 1. 2. 3. (State grounds concisely and in qrneral h rm .) No. 10. Affidavit of Service of "Whit. ' '• ' "•'•.;>. (Hcadimj and Title as in Xo. 1.) 0. XXX. r. I (name, address, and description of deponent) make oath and say as follows : — I did, on tin- day of , 19 serve the writ (or notice of the writ) ) herein by (state mode of service, or, if in personam state name of person served and the place of service) in accordance with the manner and form prescribed by the Rules of this Court. (Signed) Address. or. Solicitor for Sworn this day of , 19 , before me tnamc and authority of person before whom rlie affidavit is simrn). 5750 tt 306 Prize Court Rules, 1914. No. 11. O. IV. r. 7. Affidavits as to Ship Papers. (i.) Ordinary Affidavit. (Heading and Title as in Form 49.) The I, A.B., a , in His Majesty's navy, and of His Majesty's ship , whereof is Com- mander, make oath and say as follows: — 1. The papers and writings hereunto annexed, and numbered from No. to No. inclusive, are all the ship papers which were delivered up or otherwise found on board the ship called the , whereof was master or Commander, and lately taken by His Majesty's said ship, at which capture I, the said deponent, was present. 2. The said papers and writings are brought in and delivered as thev were received and taken, without fraud, addition, subduction, or em- bezzlement, and in the same condition (save the numbering thereof) as the same were delivered up or found on board the said ship. (Signed) A.B. Sworn by the said on the day of , 19 . Before me (name, rank and authority of person before whom the affidavit is sworn.) O. IV r. 7. (ii.) Where Ship Papers injured, altered, lost, mislaid, thrown overboard. found concealed, &c. (Heading and commencement as in Form (i.).) 1. The papers and writings hereunto annexed, and numbered from No. to No. inclusive, are all the ship papers which were delivered up and found on board the ship , whereof was master or Commander and lately taken by His Majesty's said ship, at which capture I, the said deponent, was present. 2. By order of the said , I took charge of the captured ship to bring her in for adjudication. 3. After I so took charge (set out the facts as they occurred). (Where ship papers lost, mislaid, or thrown overboard, describe as accurately as possible each such document.) 4. Save as aforesaid, the said papers and writings are brought in and delivered as they were received and taken, without any fraud, addition, subduction, or embezzlement, and in the same condition as received (save the numbering thereof). Sworn, &c. (Signed) A.B. [Note. — This form must be adapted in accordance with the facts.] (iii.) Where no Ship Papers delivered up or found. O. IV. r. 7. (Heading and commencement as in Form (i.).) 1. I was present at the capture of the said ship whereof was master or Commander, and lately taken by His Majesty's said ship. 2. No ship papers of any sort were delivered up or found on board the said ship or elsewhere at the time of the seizure or afterwards. 3. (If anything lias occurred to account for the absence of papers state the facts.) Sworn, &c. (Signed) A.B. (iv.) By Person having control of Ship Papers within the Jurisdiction. O. IV. r. 4. (Heading as in Form (i.).) I, A.B., merchant, of , make oath and say as follows: — 1. I am agent in this country for the owners of the said ship and consignee of her cargo. 2. The said ship arrived in the port of on the day of ? , in the ordinary course of her voyage, Prize Court Rules, 1914. 307 and was about to discharge her cargo when she was seized as prize by the officers of His Majesty's Customs in the said port. 3. Prior to such seizure the several papers and writings set out beloi were delivered to me in the ordinary course as agenl aforesaid, bo enable me to enter the said ship and procure the discharge of her cargo. 4. The papers and writings hereto annexed and numbered from No. to No. , inclusive, are all th< ship papei vhich were so delivered to me, or came into my posses ion or control, and are broughl in and delivered as they were i ceived and taken, withoul any fraud, addition. subduction, or embezzlement, and in the same condition (save the number* ing thereof) as received. Sworn, • V "' , 1 -— T hese pleadings are given mples onlv, and the forms should be adapted to the facts of each particular case, -.7. -.ii 3 308 Prize Court Rules, 1014. the said ship was duly registered in the names of the said CD. and E.F. at , and a certificate of registry, dated the day of , was issued by , whereby it appears that the said CD. and E.F. are the owners of the said ship, and they were at the time of such registration, and still are, the owners thereof. 5. On the day of , the said ship loaded at a cargo of , and subsequently sailed therewith on a voyage from aforesaid bound to 6." The said cargo consisted of (describe the cargo, giving numbers, weight, &c), and was on the account and risk of , who are merchants carrying on business at , and are subjects of , and upon the account and risk of no other person whatsoever. 7. Whilst npon the voyage aforesaid, the said ship was taken as prize by , and although all the ship papers relating to the said ship and the said cargo were shown to the captors, she was brought into the port of for adjudication. 8. There were at the time of such capture no contraband goods on board the said ship, and no subject of (insert the name of Government at war with Great Britain) or enemy of Great Britain had at the time of such capture, or at any other time material to the matters in this cause, any share, right, title, or interest in the said ship or cargo, or any part thereof. 9. There was no just ground for the capture and bringing in of the said ship. The said J.K. prays that the Judge will decree restitution of the said ship to the said CD. and E.F., with damages and costs. [Or, if bail has been given, that the Judge will pronounce that the bail given on behalf of the said claimants to answer the value of the said ship (and goods) may be released and discharged, and that the said (insert names of captors) may be condemned in the damages and costs sustained by and occasioned to the said claimants by reason of such capture, and bringing in.] (Signed) W.X., Counsel (or Party). Delivered this day of Answer. (Heading and Title as in No. 1.) Answer. G.H., solicitor for the commander, officers, and crew of His Majesty's ship , the captors of the said ship , in answer to the petition of the claimants, says as follows: — 1. The said ship and her cargo were taken as prize and brought in for adjudication by the captors under the circumstances herein-after described. 2. On the day of , His Majesty's ship was cruising off , when the said ship came into sight and was signalled and duly boarded by a boat from the , and the ship papers and documents and the cargo of the were duly inspected and examined. 3. Upon one of the bulkheads, and on one of the boats of the said ship , was found a name (the ), which was not the present name of the ship, and the name of the port of , which is in enemy territory, and upon inquiry of the master of the said ship, it appeared that the said ship immediately prior to the purchase by her present owners and to the existing war, had been owned by , a firm carrying on business at the said port of , in enemy terri- tory, and that the said master had been in command of the said ship whilst she belonged to the said firm. 4. On receiving such information, the captors brought in the said ship for adjudication upon the suspicion that the sale and transfer of the said ship to the present alleged owners was not bona fide, and thai she stil! belonged to her former enemy owners. Prize Court Rules, 191-1. 309 5. The transfer and assignment of the said shares in the .^ai«l ship b) CD. to the claimant E.F. in the petition alleged took place as therein alleged, but at the time of such transfer the said CD. was a member of tin- said firm of , carrying on business as aforesaid, and the transfei and assignment of the said shares was mad.' and executed by the said i .l>. as agent of the said firm, ami was a mere colourable and fraudulent transfer to cover the enemy character of the said ship, and the said ship at the time of capture remained the property, and was navigated for the account and at the risk of the said firm of , and was in fact enemy property. (// the cargo or any part thereof was enemy property, allege it, stating tin' alleged ownership thereof; <>r if the cargo or any pint tlni><>f was contraband, allege it. ) 6. Save as aforesaid the respondents deny all and every the allegations in the petition contained. And the said (J. II. prays the .Judge to pronounce that the said ship (and her cargo) were at the time of capture property of enemies of the Crown of Great Britain, or otherwise liable to con- demnation, and to condemn the same as lawful prize to the captors, or to pronounce for just cause of capture. (Signed) Y.Z., Counsel (or Parti/). Delivered this day of (ii.) Pleadings in Pbize Salvage. q. VII. XXX Petition alleging Special Difficulty or Danger. Naval Prize (Heading and Title as in No. 1.) £jj> [J 64 ' Writ issued , 19 Petition. G. II., solicitor for A.B., commander, and the officers aud crew of His Majesty's ship , the recaptors of the above-named ship, the plaintiffs (or as tht cast may be), says as follows: — 1. The recaptors are the commander, officers and crew of His Majesty's ship , which is a cruiser of the second class (or as the ease may be) armed with , and carrying a crew of hands all told, and fitted with engines of horse-power effective. 2. On the day of , at about 11 a.m., His Majesty's said ship was proceeding from to in pursuance of her instructions to cruise oil the coast of and to assist and protect British vessels whilst passing such coast. At such time as aforesaid it was blowing a heavy gale from the and the weather showed no signs of improvement. 3. Whilst proceeding as aforesaid, those on board the sighted a steamship, appearing to be a British mail steamer, steaming to the on about an opposite course to the Signals were at once made to the said steamship, which proved to be the of but no answer was made, and although a gun was fired, the altered her course and proceeded in towards the coast of , apparently making for the pott of in enemy's territory . 4. The recaptors having thereon reason to believe that the was in possession of the enemy, immediately ah< red the course of the and chased the , gradually gaining upon her. 5. After hours' chase the and the had come within 10 miles of the coast of , and the was about half-a-mile astern of the said At this time it was seen than an enemy war ship was coming out of the said port of . and thereupon extra steam was raised on the and she succeeded in getting between the said and the entrance to the said port, and forced her to alter her course to seaward. 310 Prize Court Rules, 1914. C. Tho said enemy war ship, which proved to be the of guns, and to be carrying a crew of hands, came on, and with the assistance of some torpedo boats which were following her engaged the , but after a fierce engagement, lasting about half-an-hour, the said enemy war ship was beaten off and returned to the port of with the torpedo boats, whereupon the said surrendered to the recaptors, and the prize crew in charge of her having been taken on board the , and a prize crew from the having been put on board the , the two vessels in company proceeded towards and the was brought in safety into , where she now lies. 7. At the time of the said engagement, His Majesty's said ship was close to the island of , and owing to the gale and the dangerous nature of the coast she ran great risk of being driven on the rocks in manoeuvring during the said engagement, and the lives of the recaptors were thereby exposed to great risk and danger. In the said engagement the had men killed and men wounded, including officers. 8. By reason of the premises the and her cargo were saved from condemnation as prize to the enemy under circumstances of special difficulty and danger. The suid G.H. prays the Judge to award to the recaptors one-fourth of the value of the said and her cargo, or such other sum as to the Judge shall seem just, and costs. (Signed) W.X., Counsel (or Party). Delivered this day of Answer. (Heading and Title as in No. 1.) Answer. J.K., solicitor for CD., the owner (and claimant) of the said ship, and E.F., owner of the cargo thereof, defendants (or as the case may be), in answer to the petition of the recaptors says as follows: — 1. The defendants (or as the case may be) admit that the said ship and her cargo were recaptured from the enemy by the recaptors, but deny that the recapture thereof was made under circumstances of special danger or difficulty entitling the recaptors to a larger part of the value of the said ship and cargo than one-eighth part. 2. The defendants (or as the case may be) do not admit that His Majesty's said ship was at the time of such recapture engaged in protecting British ships as alleged. At the said time, His Majesty's said ship was engaged, in conjunction with other vessels, in watching the said port of and in endeavouring to intercept and capture the said enemy's ship of war the , and for such purpose was endeavouring to entice her out of the said port and bring about an engagement with her, and the fact that the said mail steamer the made for such port in fact brought about the engagement so wished for and intended, and such engagement was not brought about and did not happen merely for the purpose of the recapture of the said ship, but took place in the ordinary course of duty and under the express instructions given to His Majesty's said ship. The said J.K. prays the Juc|ge to pronounce that the recaptors are entitled to one-eighth of the value of the said ship and her cargo, and no more, and to condemn tho recaptors in the costs of and occasioned by their claim for a larger sum. (Signed) Y.Z., Counsel (or Party). Delivered this day of Prize Court Rules, 1914. 311 (iii.) Pleadings in Joint Capture on Recapture. O VII „ ... ". XXX. & 2. Petition. N; lV;i l i. r i ze (Heading and Title us in No. 1.) Act - L* 64 ! Writ issued 19 Petition. J.K., solicitor for the plaintiffs (or as the case may be), says as follows: — 1. The plaintiffs {or as the case may be) are the commander, officers, and crew of His Majesty's ship 2. On the day of , His Majesty's said ship sailed in company with and under the order of His Majesty's ship , and under such order and in such company was cruising off the coast of (or describe position at the time). 3. About (state lioar) on the said day, a steamship was sighted hearing about , and signals were made by His Majesty's ship to chase, and His Majesty's said ships both steamed after the said steamship. (Set out in separate paragraphs the circumstances founding a right of joint capture or joint recapture, commencing by adapting the above paragraphs to the facts of the case, and conclude:) And the said J.K. prays that the Judge will pronounce that His Majesty's said ship is a joint captor (or recaptor) of the said* ship (and her cargo), and as such entitled to share therein. Delivered this day of (Signed) IT. A'., Counsel (or Party). Answer. i Heading and Title as in No. 1.) Answer. (!. If., solicitor for the defendants (or as the cane may be), in answer to the petition of the plaintiff (or as the case may be), says as follows: — 1. The defendants (or as the case may be) are the commander, officers, and crew of His Majesty's (or the) ship 2. About 7 a.m. (set out in short paragraphs the facts upon which the defendants (or as the case may be) rely to show that they were the sole captors) . 3. The defendants (or as the case may be) deny that the plaintiffs (or as the case may be) wero in sight at the time of the said capture (or recapture) (or, assisted in making the said capture [or recapture], or as the case may be). And the said G.H. prays that the Judge will pronounce that the prize was taken solely by the (defendants 1 ship) and that the (plaintiffs' ship) was not aiding, (or that the (plaintiffs' ship) was not present, or in sight of) or adding to the en- couragement of the said capture (or recapture) or the terror of the enemy, and was not acting in concert with the (defendants' ship) in the said chase, or assisting in the said capture (or recapture). (Signed) Y.Z., Counsel (or Party). Delivered this day of Adrnission. (TTending and Title as in No. 1.) Admission. i, G.H., solicitor for the defendants (or as the case may be) in tk«> above cause, admit that His Majesty's ship , and the commander, officers, and crew thereof (or such prisons as may be entitled) are entitled to share as joint captors (or recaptors) in the ship (and her cargo). Dated this day of (Signed^ G.U.. Solicitor. 312 Prize Court Rules, 1914. o. VII. (iv.) Petition in Objection to Registrar's Report. O. XVII. . „ r. 10. (Heading and Title as in No. 1.) , solicitors for the , in objection to the Registrar's Report, filed in this action on the ,19 , say as follows : — 1. 2. 3. Set out separately and concisely the objections to the Beport and the grounds thereof. Wherefore the pray this Honourable Court to vary the Report by (set out as shortly as possible the variation required) and to condemn tlu. in the costs of this appeal or to make such other or further order as to the Court may seem fit. (Signed by Counsel or Party.) Filed and delivered this day of , 19 , by (name and address of solicitors and agents, if any) 's solicitors. Answer to Petition in Objection to the Registrar's Report. (Heading and Title as in No. 1.) , solicitors for the , say as follows : — 1. 2. 3- State briefly ths reason why each ground of objection in the petition is inadequate. Wherefore the pray this Honourable Court to confirm the said Report and to condemn the in the costs of and incident to their objections to the said Report and that further and otherwise right and justice may be administered to the premises. (Signed by Counsel or Party.) Filed and delivered, &c. O. VIII. O. V J II. No. 14. Order for Particulars. (Reading and Title as in No. 1.) Upon hearing and upon reading the affidavit of , bled the day of , 19 , and It is ordered that the deliver to the (state name of parties affected) an account in writing of the particulars of (state matters of which particulars are required) alleged in (specify the pleading or other document in which the allegations are contained) in this cause, and that, unless such particulars be delivered within days from the date of this order, all further proceedings be stayed until the delivery thereof (or the said allegations be struck out, or upon such other terms as the Court shall think fit), and that the costs of this application be Dated the day of , 19 . No. 15. Particulars. (Heading and Title as in No. 1.) The following arc the particulars of the allegations contained in the (pleading or other document) herein, delivered pursuant to the order of the Court dated the day of , 19 . Prize Court Rule, L914. 313 J. 2. 3. Dated tin's day of , \') To (Signed) or Solicitor for No. 16. Afmdw it 0] Dl -' 0\ BET. O.IX.1 .'. (Heading and Title as in No. 1.) i, A.H., the (plaintiff, claimant, < (Signed) A.B. No. 17. Notice to Produce for Inspection or Thanscription. O. IX.r.3. (Heading and Title as in No. 1.) Take notice that the (plaintiff, claimant, or as the case may l>c) requires you to produce for his inspection (or, for transcription by him), on or before the day of , the following documents : — [Here briefly describe the documents required to be produced.] Dated this day of (Signed) G.E., Solicitor for the plaintiff (or as the case may be). To CD. (or J.K., solicitor for the) defendant (or as the case may be). 314 Prize Court Rules, 1914. No. 18. 0. IX. r. I Notice to Produce at Heabing or on Examination of Witnesses. (Heading and Title as in No. 1.) Take notice that you are hereby required to produce and show to the Court at the hearing of (or at the examination of , witnesses in) this cause all books, papers, letters, copies of letters, and other writings and documents in your custody, possession or power, containing any entry, memorandum or minute relating to the matters in question in this cause, and particularly (specify or describe documents particularly required). Dated the day of , 19 • . (Signed) or solicitor for To No. 19. ®' IX - r - '• Notice to Admit. (i.) Documents. (Heading and Title as in No. 1.) Take notice that the plaintiff A.B. (or as the case may be) in this cause proposes to adduce in evidence the several documents hereunder specified, and that the same may be inspected by the defendant (or as the case may be) his solicitor or agent at , on , between the hours of and ; and the defendant is hereby required within 48 hours (or insert such longer time as may be reasonable under the circum- stances) from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed, as they purport respectively to have been ; that such as are specified as copies are true copies ; and such documents as are stated to have been served, sent, or delivered, were so served, sent or delivered respec- tively; saving all just exceptions to the admissibility of all such documents as evidence in this cause. Dated this day of (Signed) G.H., Solicitor for the plaintiff (or as the case may be). To CD. (or J.K., solicitor for the) defendant (or as the case may be). Originals. Description of Documents. Dates, 1. 2. (Here briefly describe documents.) (Here state date of each document.) Copies. Description of Documents. Dates. Time and mode of Service, Delivery, &c. 1. 2. Sent by general post January 1, 19 . Served January 5th, 19 , on defendant'' s solicitor by F.G., of Ptize Court /tvlcs, 1914. 315 (ii.) Facts. (Headiny and Title as in No. 1.) Take notice that the plaintiff, A.Ji. (or u. the case may be), in this cause requires the defendant (or as the case may be) to admit, for the purposes of this cause only, the several facts respectively hereunder speci- fied; and the defendant (or ax the case may be) is hereby required within four days (of such longt r time as may 6< reasonabh under the circumstances) from the service of this notice, to adinil the said eral fads, Baving all just exceptions to the admissibility of such facts as evidence in this cause. Dated this day of ( :.![., Solicitor for the plaintiff (or as the case may be). To C.l). (ur IK., solicitor for the), defendant (or as the case may be). The facts, the admission of which is required, are: — 1. That 2. That 3. That No. 20. Admission of Facts pursuant to Notice. (Heading and Title as in No. 1.) The defendant (or as the case may be) in this cause for the purposes of this cause only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all just exceptions to the admissibility of such facts, or any of them, as evidence in this cause. Provided that this admission is made for the purposes of this cause only and is not an admission to bo used against the defendant (or as the case may be) on any other occasion, or by anyone other than the plaintiff (or whoever requires the admission). Delivered this day of (Signed) J.K., Solicitor for the defendant (or as the case may be). To A.B. (ur U.B., solicitor for the), plaintiff (or as the case may be). 0. IX. r. 7. Facts admitted. (Qualifications or Limitations, if any, subject to which they are admitted. 1. That, &c. 2. That, &C 3. 4. 5. ii. But not that, &c. 4. But not that. &c. No 21. Warrant of Arrest. (Heading and Title as in No. 1.) George the Fifth, &c. (as in No. 2). To the Marshal of the (here fill in the name of the Prize Court). We hereby command you to arrest the ship of the port of and 1he freight due for the transportation O. X. r. 3. 316 Prize Court Rules, 1914. of the cargo now or lately laden therein (or, if both ship and cargo to be a i rested, and the cargo now or lately laden therein, together with the freight due for the transportation thereof), and to keep the same under safe arrest until you shall receive further orders from Us. Witness, &c. (us in No. 2). Taken out by No. 22. X. i. i. Affidavit to lead Warbant of Arrest. (Heading and Title us in No. 1.) I, , make oath and say as follows : — 1. I am the owner of sixty-fourth shares (or master, or us the case may be) of the ship , (or cargo, &c.) (ot I am the commander of His Majesty's ship , or whatevt r rank, title, or position is held by the deponent). 2. The said ship has been taken as prize and brought into (or seized and is now in) the port of within the jurisdiction of this Court, but has not been delivered up to tho Marshal of this Court. 3. (State circumstances, if any, showing probability of ship not remain- ing within the jurisdiction.) 4. The aid and process (or I am informed and believe that the aid and process) of this Court are required to restrain the said ship from proceeding out of the jurisdiction of this Court (or to enable me to enforce my said claim or to obtain restitution of the said fhip, or as the case may be). Sworn, &c. (Signed) No. 23. 0. XL r. 2. Commission of Appraisement and Sale. (Heading and Title as in No. 1.) George the Fifth, &e. (as in No. 2). To the Marshal of the (here fill in the name of the Prize Court), Greeting. Whereas in a cause for instituted in Our said Court on behalf of (if in personam, add against ). The Judge has ordered the said (state whether ship, cargo or part of cargo, as the case may be) to be appraised and sold. We therefore hereby authorize and command you to reduce into writing an inventory of the said (ship, &c, as above) and, having chosen one or more experienced person or persons, to swear him or them to appraise the same according to the true value thereof, and, upon a certificate of such value having been reduced into writing, to cause the said (ship, &c, as above) to be sold by public auction for the highest price, not under the appraised value thereof, that can be obtained for the same. And we further com- mand you, immediately upon the sale being completed, to pay the proceeds arising therefrom into Court, and to file the certificate of appraisement signed by you and the appraiser or appraisers, and an account of the sale signed by you, together with this Commission. Witness, u the clay of one thousand , and the receipt of which sum I do hereby acknowledge, have granted, bargained, sold, assigned, and set over, unto the said executors, administrators, and assigns, the entirety of the foreign ship called the , together with the appurtenances thereto belonging as specified in the inventory herewith, now lying : To have and hold the said foreign ship called the and the said appurtenances unto the said executors, administrators, and assigns, to . their own use and uses, and as their own proper goods and chattels, from henceforth for ever. And I, the said . Marshal of the said Court, do hereby covenant, promise, and agree, to and with the said executors, administrators, and assigns in manner fol- lowing; that is to say, that at the time of ensealing and delivery hereof. I have, in and by the Commission aforesaid, good right, full power, and lawful authority to grant, bargain, sell, assign, and set over the herehy- bargained premises unto the said executors, administrators, and assigns, in manner and form aforesaid. And that the said hereby- bargained premises, and every part thereof, now are and so from hence- forth for ever shall be, remain and continue unto the said executors, administrators, and assigns. In witness whereof T have hereunto set my hand and seal this day of , in the year of our Lord one thousand Marshal. Signed, sealed, and delivered by the said in the presence of 318 Prize Court Rules, 1914. (ii.) Of British Ship. Know all men by these presents that I, Marshal of the (here fill in the name of the Prize Court), in obedience to and by virtue of a Commission to me directed under the seal of the said Court, bearing date the day of , and for and in consideration of the sum of pounds of lawful money of Great Britain (or as the case may be), to me in hand at or before the ensealing and delivery of these presents well and truly paid, the same being the highest sum which was bid by at a public auction held on the day of one thousand , and the receipt of which sum I do hereby acknowledge, have granted, bargained, sold, assigned, and set over, and by these presents do fully, freely, and abso- lutely grant, bargain, sell, assign, and set over unto the said executors, administrators, and assigns, sixty-four sixty-fourth parts or shares, being the entirety of the ship called the now lying , together with the appurtenances thereto belonging as specified in the inventory herewith, which said ship is more particularly mentioned and described as follows — Official No Name of Ship. Number, Date, and Port of Registry. Number, Date, and Port of previous Re gistry (if any). Whether Whether a Sailing British or or Steam Ship ; Where When Built. Name and Address Foreign and if a Steam Ship, Built. of Builders. Built. how propelled. Number of decks Head Leng ;h from fore 1 Dart of Feet. Tenths. stem, under the bowsprit, Number of Masts Framework and description of to the aft side of the head of the stern-post Rigged vessel... Length at quarter of depth from top of weather deck Stern Number of bulk- heads at side amidships to bottom of keel ... Build Number of water Main breadth to outside of plank ( !;ill"ii'-s ballast tanks, and their capa- city in tons ... Depth in hold from tonnage deck to ceiling at midships Depth in hold from upper deckto ceiling at midships in the case of thi"ee decks and upwards Depth from top of beam amidships to top of keel Depth from top of deck at side amidships to bottom of keel ... Round of beam ... Length of engine room, if any Prize Court Rules, 1914. 319 Particulars of Displw i:\ik.nt. Total to quarter the depth from weather deck at side amidships to bottom of keel tons. Ditto per inch immersion at Bame depth tons. Particulars of Engines (if any). No. of En- gines. Description. Whether British or Foreign made. When made. Name and Ail dress of Makers. No. of and Diameter of ( lylinders. Length of Stroke. N.I LP., I.H.P., S i teed of Ship. Engines. Boilers. N amber ... Iron or steel Pressure when loaded ... Engines. Engines, Boilers. Boilers. Particulars of Tonnage. Gross Tonnage. No. of Tons. Deductions Allowed. No. of Tons. Under tonnage deck Closed-in spaces above the tonnage deck, if any :— Space or spaces between deck... Poop Forecastle Round house ... Other closed-in spaces for ma- chinery, light and air. it' any On account of space required for propel ling power ... On account of spaces occupied by seamen or apprentices, and appropriated to their use, and certified under the statutory regulations. These spaces are the following, viz. : — On account of space used exclusively for accommodation of master for working of the helm, the capstan and the anchor gear or for keeping the charts, signals, and other in- struments of navigation and boat- swain's stores and for space occu- pied by donkey engine and boiler, and in case of sailing ships for spare used for storage of sails. Cubic metres. Gross tonnage ... Deductions as per contra ... Total deductions Registered tonnage 320 Prize Court Rules, 1914. To have and hold the said ship and the said appurtenances unto the said , executors, administrators, and assigns, to , their own use and uses, and as their own proper goods and chattels, from henceforth for ever. And I, the said Marshal of the said Court do hereby covenant, promise, and agree, to and with the said executors, administrators, and assigns, in manner following; that is to say that at the time of ensealing and delivery hereof, I have, in and by the Commission aforesaid, good right, full power, and lawful authority to grant, bargain, sell, assign, and set over the said hereby-bargained premises unto the said executors, administrators, and assigns, in manner and form aforesaid. And that the said hereby-bargained premises, and every part thereof, now are and so from benceforth for ever shall be, remain and continue unto the said executors, administrators, and assigns Tn witness whereof T have hereunto set my hand and seal this day of in the year of our Lord one thousand Marshal. Signed, sealed, and delivered by the said , in the presence of [Note. — In the above Forms of bills of sale the spaces left blank for the insertion of the names of the buyer or buyers should be filled in with such names in full, followed by the word "his," "her," or "their" (executors, Greeting. Whereas in a cause for instituted in Our said Court on behalf of against the said ship (or cargo, &c, or, if in personam, name the party). The Judge has ordered the said (state whether ship, cargo, or part of cargo, as the case may be) to be restored to the claimant for the use of the owners thereof (or as the case may be, following the words of the order). Now We do hereby command you to release the said (ship, &c, as above} from your custody, possession, or control, and to deliver and restore the same unto the said (insert name of claimant) for the use of the owners thereof (or otherwise, according to terms of order). Witness, &c. (as in No. 2). Release Taken out by (ii.) From Arrest. (Commencement and recital as in No. (i.) and continue as follows: — ) We did command you to arrest the said (ship, cargo, part of cargo, &c.\ and to keep the same under safe arrest until you should receive further orders from Us. Now We do hereby command you to release the said (ship, &c, as above) from the arrest effected by virtue of Our warrant in the said cause, upon payment being made to you of all costs, charges, and expenses attending the care and custody of the property whilst under arrest in that cause. Witness, &c. (as in No. 2). Release Taken out by No. 33. Certificate of Release (to be indorsed on the Itelease) On the ship pursuant to this instrument of release. day of , 19 , the was released [from arrest] (Signed) Marshal. No. 34. O. XIV. i. l. Notice for Caveat Warrant. (Heading and Title as in No. 1.) Take notice that I, CD. (description of applicant) apply for a caveat against the issue of any warrant for the arrest of (state name and nature of property), and I hereby undertake to enter an appearance in any cause for prize salvage that may be commenced in the Court against the said ship (or, state nature of property) , and within three days after I shall havo been served with notice of the institution of the cause, to give bail therein in a sum not exceeding (state the amount for which the undertaking is given), or to pay such sum into the Admiralty Registry. My address for service is Dated this dav of (Signed) CD. Prize Court Rule*, 1914. 325 No. 35. ( lAVBAT WvHRANT. 0. XIV. r. 4. II . ading and 7 itle as in No. 1.) Caveat entered this day of against th< of any warrant for the arrest of (state name and nature of property) with- out notice being first given to (state name and address of person to whom, and address at which, notice is to be given), who has undertaken to appear and to give bail in any cause for prize salvage which may have been or may lie instituted against the said property in this Court. On withdrawal of caveat, add: Caveat withdrawn this day of No. 36. Notice for Caveat Release. O. xiV. r. :,. i Heading and Title as in No. 1.) Take notice that I, CD. (description of applicant) in a cause instituted on behalf of (state mime, ,\-c, of claimant, &c.) against the (staU name nature of property), apply for a caveat against the release of (state name and nature of propert;/). (If the person applying for the caveat is not a party to the cause, he must also state his address and an address far service within three miles of the Registry.) Dated this day of (Signed) CD. No. 37. Caveat Release. O. xiV. r. 5. (Heading and Title as in No. 1.) Caveat entered this clay of against the release of (state name and nature of property), by (state name and address of person entering caveat, and his address for service). On withdrawal of caveat add: Caveat withdrawn this day of No. 38. Notice for Caveat Payment. q # XIV. r. 6. n day, 0. XLTV.r.2. the day of , 19 , at o'clock in the noon, or so soon thereafter as counsel can be heard, by that Dated the day of , 19 (Signed) of Agent for ot , Solicitor for the Tj No. 48. Summons. (Headiny and Title a* '<•> No. 1.) Let A.B. attend before the Judge (or Registrar) in chambers at on tlie day of at o'clock in the noon, to show cause why Dated this day of This summons was taken out by , Solicitors for the To Solicitors for the 0. XX. r. 1. No. 49. Heading and Jurat to Affidavit. O \xi t ' No. In the (here fill in the name of the Prize Court). (If sworn before a cause has been instituted the above heading must be omitted.) In Prize. The I, , of (describe capacity of deponent), (if a cause has been instituted, say in the above-named cause), make oath and sav as follows: — 1. 2. (a) Sworn at this day of , (if by interpretation add by the interpretation of CD., who was previously sworn that be was well acquainted with the English and languages, and that he would faithfully interpret this affidavit). Before me. U.S. (give name, rank, and authority of person before whom the affidavit is sicorn). This affidavit is filed on behalf of (a) Where there are two or more deponents ; if all the deponents n>>- not sworn at the name time then a separate jurat must be written for each occasion on which the <>at/i is administered. If both or all ar>- sworn at //.«■ same time, the jurat ./ Default. O.XV.r.8. (Commencement as in Form (i.)-) The President (or Judge) having heard the evidence and counsel for the (down or) captors, in default of appearance and claim of (insert owners of ship, or as the case may be), pronounced, &c. (adapt Form (i.)). (iv.). For Detention on Condemnation by Default. 0. XXV11I. (Commencement as in Form (i.).) The President (or Judge) having heard the evidence and counsel for the Crown, in default of appearance and claim of (insert owners of ship or as the case may be) pronounced the said ship to have belonged at the time of seizure etc. (as in Form (ii.)). (v.) On Condemnation of a Ship of War. (Commencement as in Form (i. The President (or Judge) having heard the evidence and counsel for the Ciown (or captors), in default of appearance and claim pronounced the said ship to have belonged at the time of captu and seizure to enemies of the Crown, and, as -;ich or otherwise, suhject 332 Prize Court Rules, 1914. and liable to confiscation, as having been a ship of war, and condemned the same, together with her tackle, apparel, furniture, stores, arms, and ammunition, as good and lawful prize, generally reserving the question by whom taken, [and also the consideration of prize bounty] NaSfprize" V or as taken ^ His Ma j est . v,s shi P ' commander > Ig64 Z and ('/ head money is given) pronounced and declared that the officers and crew of His Majesty's said ship (or such of them as are entitled) are entitled to prize bounty as having been present at the taking of the said ship of war and that at the beginning of the engagement there were on board the said ship of war persons, and that the amount of prize bounty aforesaid is the sum of ]. (vi.) On Condemnation of a Neutral Ship. (Commencement as in Form (i.).) The President [or Judge) &c. (follow Form (i.) with the necessary adaptations doicn to the word " rejected," and continue:) the said claim (or claims) pronounced the said ship (and the said cargo) (or the said cargo) to be liable to confiscation upon the ground that (here state the grounds of confiscation) , and condemned the same &c. (adapt Form (i.)). (vii.) On Condemnation, where Ship has been destroyed. (Commencement as in Form (i.).) The President (or Judge) &c. (follow Form (i.) with the necessary adaptations down to the word " commander," and continue:) and declared the destruction of the said ship (or cargo, &c.) to have been necessary (here state the grounds on which the Court held the destruction to be justified). (viii.) On Restoration. (Commencement as in Form (i.).) The President (or Judge) having heard the claim of A.B., claimant of the said ship , (and of the cargo thereof) (or, if they is a separate claim for cargo, and of CD., claimant of the cargo of the said ship) and the evidence thereon, and counsel for (insert names and descrip- tions of the parties heard), and having been assisted by (here state names and descriptions of assessors if any) admitted the said claim (or claims), pronounced the said ship (and cargo) (or the said cargo) to have belonged as claimed, and decreed the said ship (if the freight is due, with freight and expenses to be a charge on the cargo) (together with the said cargo) to be restored to the claimants for the use of the owners thereof [on payment of . the captors' expenses or and condemned the captor? (insert name or names) in the costs and damages sustained by the ownerfi of the said ship and of the said cargo (or of the said cargo) by reason of the capture and detention thereof by _ , and referred the amount of such costs and damages to the Registrar to report thereon]. (ix.) Condemning Ship and Restoring Cargo. (Commencement as in Form (i.).) The President (or Judge) having heard, &c. (adapt Form (i.)), pro- nounced the said ship to have belonged at the time of capture and seizure thereof to enemies of the Crown of Great Britain, and, as such or otherwise, subject and liable to confiscation, and condemned the same (as also the freight due for the transportation of the cargo lately taken therein) as good and lawful prize, and as taken by His Majesty's ship , , commander, and ordered the said ship to be appraised and sold by the marshal, and pronounced the said cargo to have belonged as claimed and decreed the said cargo to be restored to the claimant for the use of the owners thereof (upon payment of the captors' expenses, and upon payment of the freight due for the transportation of the said cargo, and referred the amount of such freight to the Registrar to report thereon). Prize Court Rules, l'Jll. (x.) "Restoring Ship and Condemning Cargo. i > 'un n nt at in Foi m < i. 1. 1 The President (or Judge) haying beard, &c. (adapt Form (i.)), admitted the claim for the said Bhip , and pronounced the -aid ship to have belonged as claimed, and decreed the said ship to be restored to tli>- claimant for the use of the owners thereof (if freight it d and }iron()iinced freight and expenses to be due upon the cargo oi the Baid ship), and rejected the said claim for the said cargo, and pronounced the same to have belonged, at the time of the capture and seizure thereof, to enemies of the Crown of Great Britain, and, as such or otherwise, subject and liable to confiscation, and condemned the same (at in Form (i.)), and ordered the said cargo to be unladen and appraised, and sold by the marshal. (xi.) Restoring Neutral Ship and Condemning Cargo. (Commencement as in Form (i.)) The President (or Judge) having heard &c. (adapt Form (x.) and proceed) and rejected the said claim for the said cargo (it part of cargo only condemned, describe the part condemned and say being part of the said cargo) and pronounced the same to be contraband (or as the case may be) and, as such or otherwise, subject and liable to confiscation, and con- demned the same (as in Form (i.))> ail d ordered the said cargo (or the said part of the said cargo) to be unladen and appraised, and sold by the Marshal. (xii.) Condemnation as Droit of Admiralty. Naval Prize Act, I8l (Commencement as in Form (i.).) s. 39. The President (or Judge), having heard, &c. (adapt Form (i.) to words " good and lawful prize," and proceed) and as droits and perquisites of His Majesty, in His office of Admiralty, seized by the officers of His Majesty's Customs, at the port of (or, as taken by the non- commissioned ship or the officers and crew of the non- commissioned ship , as the case may b° and concludi as in Form (i.) or as required) . (xiii.) In Prize Salvage. O. XXX. Naval Prize Where Ship is brought in and remains under Arrest. Act. 1864, (Commencement as in Form (i.).) The President (or Judge), having heard the claim and evidence thereon, and counsel on both sides, and having been assisted by (here state the names and descriptions of assessors, if any), admitted the claim of A.B.. the claimant of the said ship (and her cargo), pronounced the said ship (and her cargo) to have belonged to subjects of His Majesty (or to His Majesty the King of state sti/h and title of the allied Government , and his subjects), and to have been taken from them by the (state name of enemy mil inn), and retaken by His Majesty's ship of war, the , commander, and decreed the same to he restored to the claimants for the use of the former owners thereof (or of his said Majesty, mime of allied state, and his subjects, the former owners thereof) on payment of one-eighth part (or such otht r part as the Judge may determine) of the value of the said ship (or the cargo of the said ship), to the recaptors. The President (or Judge further decreed that the costs of the recaptors of and incidental to this cause should be paid by the claimants (or insert such other order as to costs as the Judge may make) The President (or Judge) further ordered and directed that the said value should be ascertained by appraisement of the said ship (or the cargo of the said ship) by the marshal, and decreed that in default b,40. 334 Prize Court Rules, 1914. of payment by the claimant of the said , part of the said value so ascertained as aforesaid, and the said costs) within days after the return of the said appraisement by the marshal, the said 6hi"p (or the cargo of the said ship) should be sold by the marshal, and the proceeds of such sale paid into Court, and that the said part (and the said costs) be paid to the recaptors out of the said proceeds. / 0. XXX. r. 3. (siv.) In Prize Salvage. Where Value Sicorn or Agreed. (Commencement as in Form (i.)-) The President (or Judge), having heard, &c. (follow last preceding decree down to " on payment of " and proceed) the sum of , being one-eighth part (or such other part as the Judge may determine) of the value of the said ship, as proved by. the owner and accepted by the recaptors, and approved by the Court (or as agreed between the owner and the recaptors and approved by the Court). The President (or Judge) further decreed that the costs of the recaptors of and incidental to this cause should be paid by the claimant. He further decreed that in default of payment by the claimant of the said sum of , and the said costs within six days, the said ship should be appraised and sold by the marshal, and the proceeds of such sale paid into Court, and that the said sum of , and the said costs, be paid to the recaptors out of the said proceeds. O XXX. ( xv -) I n Prize Salvage. Where Ship restored but Cargo condemned. (Commencement as in Form (i.).) The President (or Judge), having heard the claim, and evidence thereon, and counsel (&c. as in Form (i.)), rejected the claim of A.B., the claimant of the cargo of the said ship and pronounced the same to have belonged (&c. as in Form (i.)), and condemned the same as taken by His Majesty's ship , , commander, and further pro- nounced that freight and expenses are due to the said ship in respect of the said cargo, and ordered that such freight and expenses should be a charge on the said cargo; admitted the claim of CD., claimant of the said ship ; pronounced the said ship to have belonged, Salvag . 0. XXX. r. 2. Naval I'rize Where the Ship has been (Mowed to prosecuti her Voyage. Adjl864, (Commencement as in Form (i.)-) The President (or Judge), having heard the evidence and counsel on both sides, and having been assisted by (here state the names and descrip- tions of assessors, if any), pronounced due and awarded to the recaptors, tho sum of , being one-eighth part (or such other part as the Judge may determine) of the value of the said .ship as proved by the owners, and accepted by tho recaptors, and approved by the Court (or of the estimated value of the said ship as agreed on between the owner and the recaptors, and approved by tho Court, or as ascertained by appraisement of the marshal (as the case may be) and further decreed that the costs of and incidental to this cause should be paid by tho owner, and condemned the said ship (and cargo) in the said sum of , and tho said costs; ordered and directed the said ship to be appraised (if not already appraised) and sold by the marshal, and the said sum of and costs to ho paid to the recaptors out of the proceeds of such sale; but ordered and directed that if the said owner should pay the said sum of and costs within days from the date hereof, the said ship (and cargo) should be released to the said owner (or if the ship has not been arrested, condemned the said owner in the said sum of , and the said costs, and ordered him to pay the same, or ordered and directed a warrant to issue for the arrest of the said ship and cargo). (xviii.) In Joint Capture. 0. XXXII. Pronouncing on Condemnation for or against Title to Share. (Commencement as in Form (i.).) The President (or Judge), having heard the claim, and the evidence thereon, and counsel for the claimants A.B., &c, and for the captors CD., Ac, and for the alleged joint captors E.F., &c, and having been assisted by (here state names and descriptions of assessors, if any) rejected the said claim ; pronounced the said ship to have belonged at the time of capture and seizure thereof to enemies of the Crown of Great Britain, and. as such or otherwise, subject and liable to confiscation; pronounced for (or against) the title of the said E.F., &c, to share as joint captors of the said ship, and condemned the said ship (as also the freight due for the transportation of the cargo lately laden therein, if any) as good and lawful prize, and as taken by His Majesty's ship (name of ship of original captors, and if the title of the joint captors is pronounced for, add, jointly with His Majesty's ship (name of ship of joint captors)), (and further decreed that the costs of the said E.F., &c, (or the said CD., &c.) of be paid by the said CD., &c, or E.F., &c). The President (or Judge) further ordered the said ship to be appraised and sold by the marshal. (xix ) Jn Joint Capture. 0. XXXII. On Condemnation, reserving Question, by whom taken. (Commencement as in Form (i.).) (Proceed as in last preceding Form down to the words " liable to confis- cation," and continue) and condemned the said ship (as also the freight due for the transportation of the cargo lately laden therein, if any) as good and lawful prize, but reserved the question by whom taken. The President (or Judge) further ordered the said ship to be appraised and sold by the marshal. 336 U. XXXI O. XXXI i. O. XXXII. r. 8. (). XXX II. r. 8. Prize Court Rules, 1914. - (xx.) In Joint Capture. Subsequent to Condemnation. Pronouncing for or against Title to Share. (Commencement as in Form (i.).) The President (or Judge), having heard the claim and the evidence thereon, and counsel on both sides, pronounced against (or for) the title of E.F., &c, to share as joint captors of the said ship , and condemned the said ship (as also the freight due for the transportation of the cargo lately laden therein, if any) as taken by His Majesty's ship , , commander (or as taken by His Majesty's ship , , commander together with His Majesty's ship , , commander) ; and he condemned E.F., &c. (or CD., &c.) in the costs of (xxi.) In Joint Capture. Before or subsequent to Condemnation. Admitting Petition to Proof, or Dismissing Petition. (Commencement as in Form (i.).) The President (or Judge), having read the petition of A.B., and having heard counsel for the petitioner and for the respondent, admitted the said petition to proof (or dismissed the said petition, and condemned the said A.B. in the costs of the respondent). (xxii.) In Joint Recapture. Pronouncing for Joint Title or Interest. (Commencement as in Form (i.).) The President (or Judge), having heard the claim, and the evidence thereon, and counsel for A.B., &c, the claimants, CD., &c, the recaptors, and E.F., &c, the alleged joint recaptors, and having been assisted by (here state the names and descriptions of assessors, if any), admitted the claim of A.B., &c. (proceed as in Form (xiii.) to the words " of the value of the said ship (or the cargo of the said ship) "), and pronounced the said E.F., &c, to be joint recaptors of the said ship (or of the cargo of the said ship) and entitled to share in the said part. The President (or Judge) further decreed that the costs of the recaptors of and incidental to this cause should be paid by the claimants, and that the costs of E.F., &c, the said joint recaptors, should be paid by (or such order as to costs as the Judge may make). The President (or Judge) further ordered and directed that the said value should be ascertained by appraisement of the said ship (or the cargo of the said ship) by the marshal, and decreed that in default of payment by the claimants of the said part of the said value so ascertained as aforesaid, and of the said costs within days after the return of the said appraisement by the marshal, the said ship (or the cargo of the said ship) should be sold by the marshal, and the proceeds of such sale paid into Court, and that the said part and the said costs be paid to the recaptors out of the said proceeds, subject to the right of the joint recaptors to share in the said part. (xxiii.) 7/i Joint Recapture. Reserving Question to whom Due. (Commencement as in Form (i.).) The President (or Judge, &c. (proceed as in last preceding Form to words of the value of the said ship, or the cargo of the said ship, and then proceed), reserving the question to whom such salvage is due and further reserving all questions of cout3. Prizi Court Huh . L914. (xxiv.) Bejecting Claim of alleged Joint Recaptors and pronouncing for o. XXXII. sole Title, or Inter* t. (Commencement as in Form fi.). (Proceed as in Form (xiii.) until the end of the clause decreeing restitu- tion, and continue) and rejected the claim of tho said E.F., &c, to sh; as joint recaptors in the said part (and condemned the said /•.'./•'., &c, in the costs of tho said C.D., &c, occasioned by the said claim ol /,'./•'.. r as the case may be), and (if head money is given) that at the beginning of the engagement there were on board the said enemy's ship persons, and that the amount of prize bounty aforesaid is the sum of (xxvi.) 7/i Prize Bounty. 0. XXXIII. On Claim to share as Joint Captors before Title declared. (Commencement as in Form (i.).) The President (or Judge) having heard the notice of motion and the petition of , the alleged joint captors, and the answer of the applicants and respondents, and the evidence thereon, and having heard counsel for the several parties, pronounced and declared prize bounty to be due in respect of the taking (or destroying) of the armed ship , belonging at the time of capture (or the des- truction) thereof to an enemy of His Majesty, to wit (the King of , or as the case may be), and (if head mom 1/ is given) that at the beginning of the engagement there were on board the said enemy's ship persons, and that the amount of prize bounty aforesaid is the sum of . admitted (or rejected) the claim of the petitioners, and further pronounced and declared that the applicants being the (or some of the) officers and crew of His Majesty's ship , . commander (if the claim of the alleged joint captors is admitted add together with the peti- tioners, being the (or some of the) officers and crew of His Majesty's ship , , commander) are entitled to the said prize bounty as being actually present at the taking (or destroying) of the said armed ship We. — For decree awarding bounty on condemnation of a ship of war. sec Form (v.).] (xxvii.) In Prize Bounty. 0. XXXI [I. On Claim to share after Decree for Prize Bounty mad, . (Commencement as in Form (i.).) The President (or Judge), having heard the petition and answer read and the evidence thereon, and having heard counsel for the several parties admitted (or rejected), the claim of the petitioners, and pronounced and declared that the petitioners being the (or some of the) officers and crew ol His Majesty's ship , , commander, were (or were not) entitled to share with the officers and crew of His Majesty's ship , commander, in the prize bounty awarded and declared due by the decree of this Court. 5750 V o •■» n Prize Court Rules, 1914. 0. XXXIII. (5). (xxviii.) In Prize Bounty. Reserving the Question to whom the Bounty is due. (Commencement as in Form (i.).) (Proceed as in Form ixxvi.) down to the words " the sum of inclusive, or as required, and continue:) but reserved the question as to the persons entitled to such bounty or to share therein. No. 54. 1 a) O. XXTX. . 1 Noth 1: of Motion for Requisition nv rm: A dmiraltt. (Heading and Title as in No. 1.) Take notici ftiof the Louis of the Admiralty desire to requisition the above ship (and that the said ship is required for tin' service of His Majesty forthwith) and thai tht Court will be moved &c. (as in No. .'/?) that a commission do issue for tin' appraisement of the said ship, and that, on payment into Court of the appraised value of the ship, the said ship shall be released and delivered to tin' Louts of the Admiralty (if the ship is required forthwith, omit from " that a commission " and say '' that the said ship shall be forthwith released and delivered to the Fonts of the Admiralty "). (Conclusion as in No. /,7.) O. XXIX. r. 2. No. 55. Notice of Requisition by the Admiralty. (Heading and Title as in No. 1.) Take notice that the Lords of the Admiralty desire to requisition [forthwith] the property mentioned in the schedule hereto which was condemned as prize (or " ordered to be detained " as the case may be) by the Court on the day of Dated the day of Schedule. 0. XXIX. r. 2. No. 56. Commission of Appraisement of Property Requisitioned by the Admiralty. 1.) (Heading and Title as in No. (as in No. 2). il of the (here fill in the name of the Prize Court), George V. &c. To the Marshal Greeting. Whereas" a cause for condemnation has been instituted in our said Court in respect of the undermentioned property, and whereas the said property has been condemned as prize (or " ordered to be detained "), and whereas the Lords of the Admiralty desire to requisition the said property, We therefore hereby authorize and command you to reduce into writing an inventory of the said property and, having chosen one or more experienced person or persons, to swear him or them to appraise the same according to the true value thereof and to reduce into writing a certificate of such value. And we further command you to file in the Registry the certificate of appraisement signed by you and the appraiser or appraisers together with this commission. Witness &c. (as in No. 2). Commission of Appraisement. Taken out by (a) The Order in Council of September 30th (printed at p. 366 below) provides that Form No. 54 in this Appendix shall be omitted. Prize ( 'miri I! >il> . l!Jl 1. No. 57. Affidavit of Value in a Cause of Prize Salvage. (Heading mid Title as in No. 1.) I, CD., of , one of the owners of tin- said ship , make oath and - aj a - follow - : — That tin- value of the .said ship i- or thereabouts, and of the cargo (now or) Laterj laden therein . ami that the gross value of the freight earned bj tin- -aid ship on her voyage in which the salvi services air alleged to have been rendered to her, amounts to the sum of or thereabouts, and that the expenses of earning such freight are (set them out). Sworn, &c. (Signed) C.J>. O. XXX r. 1. No. OS. Agreement i marks (if mil/) ) being cargo ("/■ part of the cargo) which was laden on board the ship at the time of the capture and seizure thereof by His Majesty's ship (or, if the goods . XLIl. r. l It is hereby certified that the (here insert the name of the Prize Court), being duly authorized to take cognizance of and judicially proceed in matters of prize, did, by its order (or decree) dated the day of , , made in a cause instituted on behalf of His Britannic Majesty for the condemnation of (describe the goods, giving numbers, weight, description, and marks (if any) ), being part of the cargo which was laden on board the ship at the time of the capture and seizure thereof by His Majesty's ship (or, if the goods did not form part of the cargo of a ship, state where and how taken) and which were claimed in the said cause by or on behalf of as the owner thereof, order, on account of the condition of the said goods [or on application made on behalf of the said , the owner of the said goods (or with the consent of the said . the owner of the said goods)], the said goods to be sold by the marshal of the said Court; and that the 6aid goods were sold accordingly by the said marshal, and were under a contract or sold note (// the certificate is endorsed thereon, add upon which this certificate is endorsed) dated the day of , purchased by and sold to (insert name of purchaser). Issued under the seal of the said Court, this day of (Signed) N.O., Registrar. No. 66. CERTIFICATE OF RESTITUTION OF SHIP. It is hereby certified that the (here fill in the name of the Prize Court), being duly authorized to take cognizance of and judicially proceed in matters of prize, did, by its decree dated the clay of , , made in a cause instituted on behalf of His Britannic Majesty for the condemnation of the ship XLII.r. 342 Prizt Court Rules, 1914. , of the port of , in the kingdom (or as the case may be) of , and claimed in the said cause by or on behalf of as the owners thereof, admit the said claim on behalf of the said , pronounce the said ship to have belonged as claimed, and decree the said ship to be released and to be restored to the claimant for the use of the said , the owners thereof. Issued under the seal of the said Court, this dav of • (Signed) N.O., Registrar. O, XLII. i . :;. No. 67. Certificate of Restitution of Goods or Cargo. It is hereby certified that the (here fill in the name of the Prize Court),' being duly authorized to take cognizance of and judicially proceed in matters of prize, did, by its decree dated tbe day of , , made in a cause instituted on behalf of His Britannic Majesty for the condemnation of (describe the goods, (jiving numbers, weight, description, and marks (if any)), being part of the cargo which was laden on board the ship at the time of the capture and seizure thereof by His Majesty's ship (or if the goods did not form part of the cargo of a ship, state where and how taken) and which were claimed in the said cause bv or on behalf of as the owners thereof, admit the said claim on behalf of the said pronounce the said goods to have belonged as claimed, and decree the said goods to be restored to the claimant for the use of the said the owners thereof. Issued under the seal of the said Court, this dav of (Signed) N.O., Registrar. Vrizt Court Ruh . L93 I. 343 APPENDIX P.. Pees to be Taken in Prize Matters b^ the Coi ri \s\ its Officers. nmonses, Notices, Commissions, and Warrants, 1. <>n sealing a writ for commencement of a cause ... ... ... 1" 2. On sealing an amended writ for commencement of a cause ... 2 6 3. On sealing a subpoena for witnesses, not exceeding three persons 5 i» 4. On sealing or issuing a summons ... ... ... ... ... o .'5 5. On filing a notice to have a reference to the Registrar placed in the list for hearing ... ... ... ... ... ... ... 1" 6. On a notice for the i>sue of any instrument under tin- Beal of tin- Court ... ... ... ... ... ... ... ... ... 15 7. On sealing or issuing a commission to take oaths or affidavits in prize matters (to he paid by the applicant), for each person appointed thereby ... ... ... ... ... ... ... 2 8. On every other commission or letter of request ... ... ... 1 U 9. On marking a copy of a petition of right for servii ... ... 5 10. On filing a notice to enter or withdraw a caveat ... ... ... U 5 *o . \ppearances. 11. On entering an appearance or amending the same, for each person 2 Cop'u s. 12. On a copy of a written deposition of a witness fco enable a party to print the same, for each folio ... ... ... ... ... 4 13. On examining a written or printed copy, and marking or sealing same as an office copy, for each folio ... 2 14. On making a copy and marking same as an office copy, for each folio " (i G .15. On a copy in a foreign language — the actual cost. 16. On a copy of a plan, map, section, drawing, photograph, or diagram — the actual cost. 17. On a printed copy of an order, not being an office or certified copy. for each folio ... ... ... ... ... ... • • • 1 Attendant s. 18. On any application, with or without a subpoena, for any officer to attend as a witness, or to produce records or documents to be given in evidence (in addition to the reasonable expenses of the officer), for each day or part of a day he shall necessarily be -tnt from his office ... ... ... ... ■•• ••• 1 " The officer may require a deposit of stamps on account of any further fees, and a deposit of money on account of any further expenses which may probably become payable beyond the amount paid for fees and expenses on the application, and the officer or his clerk taking such deposit shall thereupon make a memorandum thereof on the application. Oaths, 1 1 • . 19. On swearing an affidavit or making a declaration [except for the purpose of receipt of dividends from the Paymaster-General . for each person making the same ... ... ... ... •• ( -' 1 20. And in addition thereto for each exhibit therein referred to and required to be marked ... ... ... ••• 1 344 Prize Court Rules, 191-1. Filing. £ s. d. 1 ii 21. On filing a petition of right ... ... 22. For every instrument or document (other than an exhibit, or any instrument or document previously issued from the Registry or marshal's office) unless otherwise provided ... ... ... 5 23. On an application to search for an appearance or an affidavit, and inspecting the same ... 24. On an application to search an index, and inspect a pleading, judgment, decree, order, minute, or other record, unless other- wise expressly provided for by any Act of Parliament or this order, for each hour or part of an hour occupied 25. Not exceeding one day ... ... ••■ ••• ••• 1<> 1 2 6 to 4 4 1 2 6 10 Examination of Witnesses. 26. On the issue of an order for an examination to be taken before the Judge, Registrar, or examiner, or for letters of request ... f From 27. For examining witnesses, except by the Judge or Registrar, viva) 2 2 voce, per day or part of a day j 28. On an examination of witnesses by any examiner at a greater distance than three miles from the Registry, a reasonable sum for travelling and other expenses in addition The officer may require a deposit of stamps on account of fees and a deposit of money on account of expenses which may probably become payable beyond any amount paid for fees and expenses upon the examination, and the officer, or his clerk, taking such deposit shall thereupon make a memorandum thereof and deliver the same to the party making the deposit. The officer may also require an undertaking, in writing, to pay any further fees and expenses which may become payable beyond the amount so paid and deposited. 29. For the examination of witnesses by the Judge or Registrar. whether by interpretation or not, for each witness 30. For preparing affidavits as to ship papers, for every folio 31. For sorting and numbering ship papers Hearing. 32. On entering or setting down, or re-entering or re-setting down any cause or matter for hearing ... ... ... 2 33. On writing for the attendance of Trinity masters or other assessors on the hearing ... ... ••• ••• ••• ••• ••• 10 34. On setting down any petition or a reference 10 Judgments, Decrees, and Orders. On drawing up and entering decrees and orders — 35. If made in Court on the hearing of a cause, or on the hearing of a petition ... ... ... ••• ••• ••• ••• ••• 1 " 36. If an order of course on a petition of right ... 10 37. If an order for a commission on a petition of right 1 38. On any other order including a consent or agreement filed pursuant to Order XXIII., and filing same 5 39. On a memorandum to enter an order nunc pro tunc 5 On References before a Registrar. 40. On any reference to the Registrar, including examination of witnesses, if any, having regard to the nature and import- ance of the accounts and other matters, and to the time occupied Prize Court Rules, lwl I. . of the Naval Prize Act ... ... 2 'l (J 43. On the execution of an attachment, for every person attached ... 1 !| 44. On the execution of any decree, order, commission, or other instrument, other than those herein provided for, which is required to be executed by a marshal ... ... ... ... 1 45. On attending, appointing, and swearing appraisers ... ... 1 46. On delivering up a ship or goods to a purch ably to the inventory ... ... ... ... ... ... ... ... 1 'I 47. On attending the unlivery of cargo, or sale or removal of a ship or goods, per day ... ... 2 48. On retaining possession of a ship with or without cargo or of a ship's cargo without a ship, to include the cost of a ship keeper, if required, per day ... ... ... ... ... 5 Any sum above this amount which has necessarily been incurred in the payment of a shipkeeper shall also be recover- able. The marshal shall be entitled to his reasonable expenses for travelling, board, and maintenance, in addition to the above fees. 4'J. On the sale of any vessel or goods sold pursuant to a decree or order of the Court, for every £50 or fraction of £50 gross proceeds realised ... ... ... ... ... ... ... 1 1 1 50. On the release of any ship, goods, or person from arrest ... ... 1 Taxation of Co.-/.--. 51. On taxing a bill of costs where the amount allowed does not exceed £4 ... 2 52. Where the amount exceeds £4, for every £2 allowed or a fraction thereof ... ... ... ... ... ... ... ••• 1 On Prtictcduitj.i in the Pay Office of the Supreme Court. 53. On a certificate of the amount and description of any money, funds, or securities, including the request therefor ... ... <) 1 54. On a transcript of an account for each opening, including the request therefor ... ... ... ... ... ... ... 2 U 346 Prize Court Rules, 1914. £ s. tl. 55. On a request to the paymaster, Bank of England, the Registrar, or other official for any of the following purposes : paying, lodg- ing, transferring, or depositing money, funds, or securities in Court without an order, or money in addition to the amount directed by an order to be paid in ; paying out of Court any money without an order or a certificate of a taxing officer ; information in writing in respect of any money, funds, or securities, or any transaction in the pay office 1 56. On a request for information respecting any money, funds, or securities to the credit of any cause or matter contained in any list prepared by the paymaster of causes and matters to the credit of which any money, funds, or securities have not been dealt with during 15 years ... 2 6 57. On an affidavit for the purpose of paying, transferring, or depositing any money, funds, or securities in Court pursuant to the Statute 56 & 57 Vict. c. 53 10 58. On preparing a power of attorney 3 Miscellaneous. 59. On a fiat of a Judge 60. On signing, settling, or approving an advertisement 61. On taking a recognisance or bond whether one or more than one recognisor or obligor, and whether entered into by all at one time or not ... 62. On assignment of a bond 63. By a commissioner on taking bail 64. On a commitment ... ... 65. On registering in the Registry a power of attorney for a King's ship generally and a copy thereof for the accountant general of the Navy ... 66. On registering same specially 67. On taking accounts by the Registrar in naval prize matters 5 10 10 5 1 1 5 1 10 10 5 Prize Court Hubs. 1914. 347 APPENDIX C. Fees to be Charged by and Allowed to Pba< htionebb in Prize Mai i I i:S in i BE Ooi R • II 4 Writ-, Warrants, and Summon Writ for the commencement of any cause Notice of a writ for service out of jurisdiction Warrant for arrest (including attendance on the marshal) Subpoena ad testificandum or duces tecum ... Subpana ad testificandum for any number of persons not exceed ins.' tnrco ••• ••• •■• ••■ ••• ••• ••• ••■ And if more than four folios,' for each folio beyond four Any order or warrant not included in the above These fees include all indorsements and copies for the sealing them, and attendances to issue or seal, except otherwise provided, but not the Court fee-. Summons to attend at Judge's chambers -//• if special, at taxing officer's discretion, not exceeding ... Copy for the Judge, or Registrar, when required or per folio Services, Notices, and Demands. Service, or filing in lieu of service, of any writ, summons, warrant, petition, order, or notice on a party who has not entered an appearance, and if not authorised to be served by post 5 If served at a distance of more than two miles from the nearest place of business, or office of the solicitor serving the same, for each mile beyond such two miles therefrom ... ... ... .. ... 1 or such reasonable sum for out-of-pocket expenses, and for the time occupied as the taxing officer shall think fit. Where, in consequence of the distance of the party to be served, it is proper to effect such service through an agent (other than the London agent), for correspondence in addition ... ... ... 7 Where more than one attendance is necessary to effect service, or to ground an application for substituted service, such further allowance may be made as the taxing officer shall think fit. For service out of the jurisdiction such allowance is to be made as the taxing officer shall think fit. Service (where an appearance has been entered) on the solicitor or party ... ••• •■• " - '; or, if authorised to he served by post ... ... ... ••• 1 <> In addition to the above fees, the following allowances are to be made : — As to writ, if exceeding two folios, for copy for service beyond such two, per folio ... ... ... ... ... ... ••• ••• i As to summons to attend at the Judge's chambers, for each copy to serve ... ... ... ... ••• ••• ••• ••• ••• ° 1 or per folio ••• ••• 4 For preparing notice to produce for inspection, or on the hearing of a cause, or notice to admit... ... ... ... ... ••• ••• If special or necessarily long, such allowance as the taxing officer shall think proper, not exceeding per folio ... And for each copy, not exceeding per folio For preparing notice of motion or per folio Copy for service /■ per folio II II 8 II 4 II 6 8 II 1 1 1 1 II ■ ,548 Prize Couvt Utile*, 1914. For preparing any necessary or proper notice, not otherwise provided < 8 or per folio ... ... ... ... ... ... ••• ••• 1 Accounts, statements, and other documents for the Judge's chambers, when required, not exceeding per folio... ... ... ... ••• Advertisements, including attendance therefor ... ... 6 B Bill of costs for taxation, including copy for the taxing officer, per folio ... ... ... ... ... ... ... ... ••• 8 Copies. Of pleadings, briefs, and other documents where no other provision is made, at per folio ... ... ... ... ... ... 4 "Where, pursuant to Rules or Order of Court, any pleading, special case, or petition of right, or evidence is printed, the solicitor of the party printing shall be allowed for a copy for the printer (except when made by the officer of the Court), at per folio... ... ... it A And for examining the proof print, at per folio 1 And for printing the amount actually and properly paid to the printer, the amount allowed for in Admiralty actions. And in addition for every 20 beyond the first 20 copies, at per folio... U 1 And where any part shall properly be printed in a foreign language. or as a fac-simile, or in any unusual or special manner, or where any alteration in the document being printed becomes necessary after the Hist proof, such further allowance shall be made as the taxing officer shall think reasonable. The solicitor for a party entitled to take printed copies shall In- allowed, for such number of copies as he shall necessarily or properly take, the amount he shall pay therefor. In addition to the allowances for printing and taking printed copies, there shall be allowed for such printed copies as may lie necessary or proper for the following but for no other purposes (videlicet). Of any pleading for delivery to the opposite party, or filing in default of appearance. Of any petition of right for presentation, if presented in print, and for the solicitor of the Treasury, and service on any party. Of any pleading, special case, or petition of right, for the use of the Judge or Registrar. ( >f any affidavit to be sworn to in print. And of any pleading, special case, petition of right, or evidence for the use of counsel in Court, and in country agency causes when proper to be sent as a close copy for the use of the country solicitor at per folio ... ... ... ... ... ... ... ... '> 2 Such additional allowances for printed copies for the Judge or Registrar, and for counsel, are not to be made where written copies have been made previously to printing, and are not iiuany case to be made more than once in the progress of the cause. Close copies, whether printed, typed, or written, are not to be allowed as of course, but the allowance is to depend on the propriety of making or sending the copies, which in each case is to be shown and considered by the taxing officer. Inserting amendments in a printed copy of any pleading, special case. or petition of right, when not reprinted ... ... ... ... U 1 per folio ... ... ... ... ... ... ... ... (l 4 350 Prize Court Rules, 1914. Perusals. Of petitions, answer, reply, claim on reference, and other pleading by the solicitor of the party other than the party filing or delivering the same ... per folio Of amendment of any such pleading in writing or per folio I: same reprinted or per folio of amendment i »f interrogatories to be answered by a party by his solicitor or per folio I M notice to produce on hearing of cause or examination of witnesses, and notice to admit by the solicitor of the party served or if to admit facts, per folio Of affidavits by the solicitor of the party against whom the same can be read per folio ... d. 6 8 -1 6 8 ii 4 II G 8 4 6 8 Tl w 4 6 8 1 4 Attendances. To deliver, or file in lieu of delivery, any pleading and a special case... To file any document or instrument, or notice of motion, including the minute To inspect, or produce for inspection, documents pursuant to a notice to admit or per hour To examine and sign admissions ... To obtain or give any necessary or proper consent To obtain an appointment to examine witnesses In the marshal's office, on leaving with him any instrument required to be served by him .. On examination of witnesses before any examiner, commissioner, officer, or other person or according to circumstances, not to exceed On deponents being sworn, or by a solicitor or his clerk to be sworn, to an affidavit in answer to interrogatories or other affidavit When there are several deponents, or it is necessary for the purpose of an affidavit being sworn to go to a distance beyond two miles, or to employ an agent, the taxing officer may make such further allowance as he shall consider reasonable. On a summons at judges' chambers or according to circumstances, not to exceed On counsel with brief or other papers — If counsel's fee one guinea If more and under five guineas If five guineas and under 20 guineas If 20 guineas If more, for each 10 guineas or part thereof above 20 guineas On consultation or conference with counsel To enter or set down cause or special case, for hearing or trial In Court on every motion, each day On same when heard, each day or according to circumstances, not to exceed ( )n hearing or trial of any cause, or matter, or issue a>sessment of damages, when in the paper or when each 'lay or according to circumstances, not to exceed If the solicitor does not ••airy on business in the town in which the Prize Court sits, the Registrar may in his discretion allow him for each day lie is necessarily absent from his place of business any sum not exceeding, per day And expenses (besides actual reasonable travelling expenses) each day, including Sundays, not exceeding If the solicitor lias to attend on more than one hearing or assess- ment at ill' same time and place the expenses in such case to be rateably divided. of fact, or on heard or tried. 3 4 6 8 6 8 (1 G 8 u 6 8 (1 6 8 6 8 ii 6 8 u 13 4 5 5 u 6 8 6 8 1 1 :; (i 6 (i 6 n 13 ii ii i) 13 6 6 4 8 8 4 8 4 8 8 4 li 13 4 5 5 5 5 ii 1 1 Prize Court Rule , l'H 1. E *. d. 6 - 1 1 ii 6 8 ii 6 3 .'. ii i) G 13 I 6 8 'i 6 8 'I 6 3 M 6 - To hear judgment when same adjourned or according to circumstances, not exceeding Before the Registrar or before the I: and merchants, on a reference ... ' From ±\ I 'I'n deliver papers (when required) for tin' use of a Judge prior to a bearing On taxation of a bill of costs or according to circumstances, not to exceed To pay reference fees To arrange for ami on completion of bail pap To enquire a- bo sufficiency of Bureties, in reaped of cadi Burety or Buch further amount as the taxing officer may think reasonable, if any special enquiries have been made Inspecting hail papers when filed ... To obtain or give an undertaking to appear On printer to insert advertisements, or for any other accessary purpose On Registrar to certify that a cause set down is settled, or for any nason not to come into the paper for hearing ... ... ... " G 8 To advise, or receive instructions from. a client, where rendered necessary by anything done by an opposite party during the progress of a cause or matter, for each attendance ... ... ... ... ... ... 6 6 or such further allowance as the taxing master shall consider reasonable. On any other attendance (whether before the Judge in chambers, before the Registrar, a commissioner, examiner, or the marshal, or upon a witness or a party or his solicitor) which the taxing officer shall deem necessary, and for which a fee has not been specially provided ... G 8 Oaths and Exhibits. Commissioners to take oaths or affidavits. For every oath or declaration 7.">0 X -j 356 Index to Prize Court Rules, 19] 4. Costs — cant. taxation of, 279. of appeal, 299. of officers and crew, 292. of ship's agents, 292. Council, His Majesty in, appeals to, 297-299. enforcement of orders of, 285, 299. Court, definition of, 261. fees taken by, 297, 343-346. ordinary jurisdiction of, 294, 295. records of, 295. Cross-examination, 276, 292. Crown, proceedings on behalf of, 263. represented by proper officer, 262, 263, 275, 296. rules referring to, 269, 272, 277, 286, 287, 290. Custody of prize, by marshal, 295. Customs officer, may act for marshal, 295. Damages, how affected by release, 272. Death, of party to appeal, 298, 299. Declarations, in lieu of oaths, 282, 330. Decrees, 297. certified copies of, 296. enforcement of, 284, 285, 288. minutes of, 296. forms of, 331-338. on condemnation, where claim made, 331. by default, 331. as Droit of Admiralty, 333. of neutral ship, 332. where ship destroyed, 332. of ship of war, 331. of ship, restoring cargo, 332. for detention, 331. on condemnation by default, 331. in joint capture, admitting or dismissing petition, 33S. reserving question by whom taken, 335. as to title to share, 335, 336. in joint recapture, pronouncing for joint title, 336. rejecting claim, 337. reserving question to whom due, 336. in prize bounty, 337. on claim after bounty awarded, 337. on claim before title declared, 337. on condemnation of ship of war, 331, 332. reserving question to whom due, 338. in prize salvage, on prosecution of voyage, 335. where ship under arrest, 333. where ship released on bail, 334. where ship restored, but not cargo, 334. where value sworn or agreed, 334. on restoration, 332. of ship, condemning cargo, 333. of neutral ship, condemning cargo, 333. Depositions, printing of, 283. use of, in different cause, 275. of witnesses examined before hearing, 275. Destroyed, decree on condemnation where ship, 332. writ where ship, 263, 301. Detention, 286. before service of warrant, 270. costs of, in joint capture, 289. decrees for, 331. Index to Prize Court Rules, 1914. '■'•■'>' Diplomatic channel, service through, 264. Disability of person to be served, 293. Discontinuance of proceedings , 267, 272. 27:5, 307. Discovery of documents, 268, 313. Distribution of prize moneys, 291, 292. Documents, copies of, 283. dismvery of, 268, 313. filing of, 294, 297. inspection of, 283. minutes of, 295, 339. notices to admit and produce, 268, 313, 314. service of, 292, 293. translation of, 276, 277. Droit of Admiralty, claims for, 305. decree on condemnation as, 333. Enforcement, of decrees and orders, 234, 285, 299. Enlargement, of time, 294. Evidence, in cause for condemnation, 274-77. must be certified as correct, 276. in distribution or investment, 292. before hearing, transcript of to be printed, 283. in joint capture, 290. on objection to Registrar's report, 278. in prize bounty, 291. at reference, 278. refusal to give, on subpoena, 283. to be taken in writing, 276. Examination, of witnesses before hearing, 275. commission for, 276, 326. return to, 327. conduct of, 276. minutes of, 295, 296, 340. notice to produce at, 314. out of jurisdiction, 276, 326, 327. in prize bounty, 291. in proceedings for distribution, 292. Examiner, may examine witness before hearing, 275. Execution, against bail, 288. stay of, pending appeal, 298. Ex parte, applications and orders, 280. Expenses, see Costs and Fees. £ acts, admission of, 315. Fees, taken by the Court, 297, 343-46. to be paid before release, 273. of practitioners, 297, 347-52. of Trinity Masters or assessors, 27 Filing-, of affidavits, 282. of affidavit or agreement of value, default in, 287. of documents, 294, 297, 339. in lieu of service, 293. of Registrar's report, 278. Flag officer, claims of, 289, 290. costs not paid by, 290. Foreign country, service in, 264, 293. Forms, 297, 300-342. Freight, enforcement of decree in respect of, 284, 285. included in term 'ship,' 262. (jf oods, included in term ' ship,' 262. sale of, 296. 358 Index to Prize Court Rules, 1914. Xlearinpr. of cause for condemnation, 274-277. by default, in prize salvage, 288. in joint capture, 290. of motion or summons, 280. notice to produce at, 314. High Court, rules of, application of, 262, 279, 283, 285, 294. Hig-h Court of Admiralty, practice of, 299. Holidays, proceedings during, 295. Hours of business at Registry, 295. Inspection of documents, 268, 283. notice to produce for, 313. of prize, 271. Institution of cause, 262, 263, 295. Instruments, execution and service of, 292, 293, 295. Interlocutory applications, 279, 280. Interpreter, appointment of, 277. may take down affidavit of foreigner, 281. need not sign affidavit, 330. oaths to be administered to, 330. Interrogatories, discovery by, 275. Investment of prize moneys, 291, 292. Joint capture, 289, 290. claim of, in prize bounty, 291. costs in, 290. decrees in, 335, 336 (and see Decrees). institution of cause of, 289. pleadings, 289, 290, 311. time limit for claim in, 290. writ in, 263, 289, 302. Joint recapture. See Joint capture. decrees in 336, 337 (and see Decrees). Judicial Committee, appeals to, 297-299. enforcement of orders of, 285, 299. Jurisdiction, affidavits sworn out of, 281. ordinary, exercise of, 285, 294, 295. service out of, 264, 293, 295, 303. Justification, affidavit of, 323. Land expeditions, 288, 289. Liberty of subject, matters relating to 280. Lords of Admiralty, service on, 292. requisition by, 286, 287. Lost, where ship or goods. (See Destroyed.) Marshal, accounts of, 270, 271, 321, 322. definition of, 261. duties of, 295. fees due to, on release, 273. instruments executed by, 293. release to be lodged with, 273. service by, 263, 293. substitute of, 295. Merchants, assistance of, at reference, 277. Minute book, 295, 296. of examination of witnesses, 340. on filing documents, 294, 339. tndex to I' ri. i Court Rules, 1914. 359 Motion, applications to be made by, 279. hearing of, and order on, 280. notice of, 280. 329. for distribution or investment, 292. for requisition, 286, 338. in objection to Registrar's report, 278. service of, 280. Naval agency, 291, 292. Neutral Government, claim by, 304. ship, condemnation of, decree on, 332. issue of writ in respect of, 264. restoration of, decree condemning cargo. 333. no requisition of, 286. Notary public, signature of, 281. Notice to admit, 268, 314, 315. of appeal, 297. of bail, 323. for caveat payment, 325. release, 325. warrant, 324. of claim for prize bounty, 291. of discontinuance, 307. of hearing, 275. for hearing of reference, 277. in lieu of service, 264, 293, 303. of motion, form of, 280, 329. for distribution or investment, 292. in objection to Registrar's report, 278. for requisition, 286, 338. service of, 280. of objection to Registrar's report, 278, 329. surety, 323. to produce documents, 268, 313, 314. to proper officer, 296. from Registry, 294. of requisition, 286, 338. service of, 293. of withdrawal of caveat, 326. Oaths, commissioner of, 281, 282. declarations in lieu of, 282, 330. form and manner of, 282, 330. who may administer, 282. Objection to Registrar's report, 292. evidence on, 278. notice of, 278, 329. notice of motion in, 278, 307. pleadings in, 278, 312. to surety, notice of, 323. Office copies, of documents, 283. of order for committal, 293. Officers, affidavits of, 274. and crew, taxation of costs of, 292. Orders for certificates, 296. certified copies of, 296. confirming Registrar's report, 278, 328. for committal, service of, 293. of Court, consent or agreement may be, 282. disobedience to, 276, 293. enforcement of, 284, 285, 299. ex parte, 280. general form of, 330. 360 Index to Prize Court Rules, 19 L4 Orders — cont. of Judge, as to evidence and hearing, 275. minutes of, 296. on motion or summons, 280. for particulars, 267, 268, 312. for payment out of Couit, 284. service of, 293. variation of, 280. Owner, claim by, 304. definition of, 261. execution against, 288. Particulars, order for, 267, 268, 312. Parties, substitution or addition of, to appeal, 298, 299. who may be, 264, 265. Payment, into and out of Court, 284. out of Court, caveat against, 274, 325, 326. decree enforced by, 288. Petition. (See Pleadings.) Pleading's, amendment of, 267. on application for distribution or investment, 292. foims of, 307-312. general rules as to, 267. in joint capture, 289, 290, 311. in objection to Registrar's report, 278, 312. in prize salvage, 309, 310. printing of, 283. service of, 293. Practitioners, fees to be charged by, 347-352. President, definition and powers of, 262, 292, 293, 295, 299. Printing-, rules as to, 282, 283, 298. Privy Council, appeals to, 297-299. enforcement of orders of, 285, 299. Prize bounty, claim of joint captors in, 291. decrees in 331, 332, 337, 338 (and see Decrees ). distiibution and investment of, 291, 292. procedure in claim for, 291. Prize money, 288. distribution and investment of, 291. Prize proceeds, appl cations to share in, 290. distribution and investment of, 291, 292. Prize salvage, 287, 288. affidavit and agreement of value in, 339. applications to share in, 290. bail where caveat entered in, 273. bail bond given in, release where, 272. cause of joint capture in, 290. decrees in 333, 335 (and see Decrees). dismissal of claim in, release where, 272, 273. distribution and investment of, 291, 292. entry of caveat against arrest in, 273. pleadings in, 267, 309, 310. release in, 272, 273. where ship under arrest, 288. to whom paid, 288. writ in, 263, 302. where caveat entered, 273. Proceedings, by Crown. (See Crown.) discontinuance of, 267. in case of failure to proceed, 266, 278, 298. stay of, appeal from Registrar is no, 280. pending security for costs 279. requisition is no, 287. Index to Prize Court Rules, 1914. 361 Process, issue of, fees to be paid before, 297. Produce, notice to, 268, 313, 314. Proper officer, definition of, 262. duties of, in release, 272. requisition, 286. examination by, 27"). notice to, 296. in prize bounty, 291 . payments to be credited to, 284. Prosecution, of voyage, decree on, in prize salvage, 335. by recaptured ship, 287. Re-capture, 261, 287. joint, pleadingH in, 311. writ in, 302. Record, certified copy of, 298. defective, 298, 299. definition of, 297. preparation of, 298. printing of, 298. transmission to Privy Council, 298 Records of the Court, 295. Reference to the Registrar, 277, 278. by ship's agent, 292. Refusal to give evidence on subpoena, 270, 283. Registrar, appeal from, 280. authority and jurisdiction of, 280. certificates by, 29G. costs not in discretion of, 280. definition of, 262. duties of, 297. may administer oaths, 282. to notify claimant of report, 278. payment into Court made to, 284. reference to, 277, 278. report of, 278, 328. costs dealt with in, 278. objection to, 292. evidence on, 278. notice of, 278, 329. pleadings in, 267, 278, 312. order confirming, 278, 328. to send notice of hearing, 275. to supervise record, 298. to be taxing officer, 279. urgent cases provided for by, 295. Registry, books kept in, 295, 296. documents filed in, 277, 282, 294. issued from, 292, 294. fees to be paid into, 297. filing in, in lieu of service, 293. hours of business at, 295. notices from, 294. notice of caveats to be filed in, 273, 274. Release, 272, 273, 324 {see also Restitution). on bail, decree in case of, in prize salvage, 334. enforcement of, 285. caveat against, 274, 325. certificate of, 273, 324. consent for, 272. costs and damages, how affects, 272. on failure to proceed, 266. issue of, 272, 292. 36*2 Index to Prize ('curt Rules, 1914. Release — cont. lodged with marshal, 272. in prize salvage, 272, 273. on requisition, 273, 286, 287. on restitution, 285. on security, 288. without appraisement, 287. Removal of goods (see also Destroyed), 316. Request, to examine witness out of jurisdiction, 276. 326. Requisition by Admiralty, 286, 287. commission of appraisement on, 286, 338. of neutral ship, no, 286. notice of, 286, 338. notice of motion for, :2S6, 338. releases on, application of rules to, 273. Restitution, of cargo, 285. decrte of. condemning ship, 332. certificate of, 296, 341, 342. consent to, release where, 272. decree on, 285, 332. where failure to proceed, 266. of neutral ship, decree condemning cargo, 333. release on. See Release. of ship, decree condemning cargo, 333. in prize salvage, 334. writ in cause for, 263, 302. Sale, 270, 271. before condemnation, enforcement of decree where, 284. bills of, 317-320. certificate on, 296. by public auction, 270. of cargo, proceeds of, 285. certificate of, 296, 340, 341. commission of, 316. contract for, and conditions of, 296, 320, 321. on decree of restitution, 285. on default, 288. of property under arrest, 284. Salvage. See Prize salvage. Seal of Court, when required, 281, 292, 298. Security for costs. See Costs. release on, 288. required in appeals, 297, 298. Service address for, 293, 294, 301, 303. by advertisement, 264, 293. affidavit of, 275, 305. of affidavits, 282. certificate of, 263, 293, 298, 339. in default of appearance, 293. through diplomatic channel, 264. in case of disability, 293. of instruments and documents, 292-95. notice in lieu of, 264, 293, 303. of notice on Lords of Admiralty, 292 of motion or summons, 280. in prize bounty, 291. of requisition, 286. of order for committal, 293. out of jurisdiction, 264, 293, 295, 303. on person entering caveat, 274. personal, when required, 293. of pleadings, 264, 289, 292, 293. Imlr.r to Prize CoUTt Ruli ■. 1914. 363 Service— cont. substituted, 263, 264, 293. of summons for reference, 292 of subpoena, 2*.' J >. time of. 293, 294. of writ in condemnation, 263. Ship. See Arreat, Sale, &c. goods and freight included in term, 262. neutral, 264, 286, 332, 333. of war, 262, 270,288. condemnation of, evidence in cause for, 27 1. decree on, 331. Ship's agrents, 291, 292. Ship-keeper, 286. Ship papers, affidavits as to, 265, 266, 298, 306, 307. definition of. Sir Xavai. Piu/.k Act., 1*61. evidence in cause for condemnation, 274. tiled in one cause, used in another, 27.".. inspection and copies of, 208. translation of, 276, 277. Shorthand writer, notes of, 270, 278. oatb to be administered to, 330. Sold note, certificate on, 296. Solicitor, affidavits sworn before, 1 2ft 1. Stamps, fees taken by, 297. Status, cbange of, by party to appeal, 298, 299. Stay, of execution, pending appeal, 298. of proceedings, appeal from Registrar is no, 280. pending security for costs, 279. requisition is no, 287. Subpoena, disobedience to, 276, 283. issue and form of, 285. Substitute of marshal, 295. Substituted service, 264, 293. Substitution of party to appeal, 298, 299. Summons, applications to be made by, 279, 280, 329. for reference, by ship's agent, 292. service of, 280, 293. Surety. See Sail bond. Survey, to be effected by marshal, 270, 316 X axation of costs. Si , Costs. Time for appeal, 297, 298. enlargement or abridgement of, 294. for service, 294. Transcription of documents, notice to produce for, 313. Translation of documents, 276, 277. Trinity Masters, as assessors, 277. Unlading: of goods, 270, 271. Value, in prize salvage, affidavit and agreement of, 2*7, 339. dissatisfaction with, 287. no release until agreed, 272, 273. sworn or agreed, decree where, 334. where no appraisement, 287. Voyage, prosecution of, by recaptured ship, 287, 335. 364 Index to Prize Court Rules, 1914. Warehousing of goods, 270, 271. Warrant of arrest, 269, 270, 315, 316. affidavit to lead, 269, 316. caveat against, 273, 296, 324, 325. costs where, 273, 274. detention before service of, 270. issue and service of, 269, 270, 292, 295. Witnesses, examination of, before hearing, 275. commission for, 276, 326. return to, 327. conduct of, 276. minutes of, 295, 296, 340. notice to produce at, 314. out of jurisdiction, 276, 326, 327. in prize bounty, 291. in proceedings for distribution, 292. oaths and declarations of, 330. Writ in cause for condemnation, 263, 300, 301. against a captor, 263, 302. of joint capture, 263, 289, 302. of prize salvage, 263, 287, 302. where ship destroyed or lost, 263, 301. issue of, 263. on application of alien enemy, 264. in respect of neutral ship, 264. service of, 263. out of jurisdiction, 264. on party entering caveat, 273. Notice or proposal to submit the " Peovisional ' " Peize Court Rules, 1914," foe making as Statutory Rules. (a)(b) Privy Council Office, 7th August, 1914. Peize Couets Act, 1894. Notice is hereby given that, after the expiration of forty days from the date hereof, it is proposed to submit to His Majesty in Council the draft of an Order in Council approving- new Rules of Court for regulating Prize Proceedings. (a) By Order in Council of the 6th August, 1914, (b) the said Pules were approved as provisional Rules under section 2 of the Rules Publication Act, 1893. (d) Notice is hereby further given that, in accordance with the provisions of the last-named Act, copies of the proposed Rules can be obtained by any public body, within forty days of the date of this notice, at the Privy Council Office, Whitehall. (a) " The Prize Court Rules, 1914," were made as Statutory Rules by Order in Council of September 17th, 1914, printed at p. 365 below. (b) In this Notice, as published in the -'London Gazette" of August 7th, 1914, " 6th August " is a clerical error for " 5th August." See Order in Council of that date, printed at p. 256 above. (c) 56 & 57 Vict. c. 66. Order in Council prescribing the " Prize Court Rules, 1914," 3o*5 as " Statutory Rules." Order in Council prescrimnc the Rules and Tables of Fees TO BE OBSERVED AND TAKEN IN PllIZE PbOCEEDINGS (" Till Prize Court Rules, 1914") as " Stati tory Rules." ,9,4. No. "9» Lt. 35 At the Court at Buckingham Palace, the 17th day of September, 1914. Present, The King's Most Excellent Majesty in Council. Whereas by section three of the Prize Courts Act, 1894, Ii\< Majesty in Council is authorized to make rules of court for regulating, subject to the provisions of the Naval Prize Act, 1864, and the said Act, the procedure and practice of prize courts within the meaning of the Naval Prize Act, 1864, and the duties and conduct of the officers thereof and of the practitioners therein, and for regulating the fees to be taken by the officers of the courts, and the costs, charges, and expenses to be allowed to the practitioners therein: And whereas by section five of the Naval Prize Act, 1864, it is provided that every appeal from a prize court within the meaning of that Act shall be made in such manner and form and subject to such regulations (including regulations as to fees, costs, charges, and expenses) as may for the time being be directed by Order in Council : And whereas in pursuance of the Prize Courts Act, 1894, certain rules were made by Orders in Council dated the 18th day of July, 1898, and the 20th day of October, 1898: And whereas it is expedient that the rules hereinafter set out should be made, and should be substituted for the rules so made : And whereas the provisions of section one of the Rules Publica- tion Act, 1893, have been complied with : Now, therefore, His Majesty, by virtue of the powers in this behalf by the said Act or otherwise in Him vested, is pleased, by and with the advice of His Privy Council, to order, and it i- hereby ordered, that the rules hereinafter set forth (a) shall as from the date on which they are expressed to come into operation(b) have effect and shall be substituted for the rules made by the said (a) These Rules are in identical terms with those prescribed by the Order in Council of August 5th, 1914, and printed at pp. 261- 352 above. The Rules were amended by Order in Council of September 30th, 1914, printed at p. 366 below, which took effect provisionally. See also Notice of October 2nd, 1914 (printed at p. 367 below), of proposal to make the amending Rules of September 30th as " Statutory Rules " in accordance with Section 1 of the Rules Publi- cation Act, 1893 (56 & 57 Vict. c. 66). (b) See Order XLVI. of the Rules printed ut p. 299 above. Order in Council prescribing the 'Prize Court Rules, 1914," as " Statutory Rules." Orders in Council dated the 18th day of July, 1898, and the 20th day of October, 1898, and the last mentioned rules are as from the same date hereby revoked. A hn eric Fitzlxoy. OrDEK IN ClirxciL AMENDING THE RULES TO BE OBSERVED IN Prize Proceedings. At the Court at Buckingham Palace, the 30th day of September, 1914. Present, The King's Must Excellent Majesty in Council. Whereas by Section three of the Prize Courts Act, 1894, (a) His ALijesty in Council is authorized to make rules of court for regulating 3 subject to the provisions of the Naval Prize Act, L864,(t>) and the said Act, the procedure and practice of prize courts, within the meaning of the Naval Prize Act, 18G4, and the duties and conduct of the officers thereof and of the practi- tioners therein, and for regulating the fees to be taken by the officers of the courts, and the costs, charges, and expenses to be allowed to the practitioners therein : And whereas in pursuance of the Prize Courts Act, 1894, certain rules were made by His Majesty's Order in Council dated the 5th day of August, 1914 : (o) And whereas it is expedient that the said rules should be amended : And whereas on account of urgency this Order should come into immediate operation : Now, therefore, His Majesty, by virtue of the powers in this behalf by the said Act or otherwise in Him vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows: — 1. That in Order XXVIII. (Detention) of the said Rules, Pule 3(d) shall be omitted and this omission shall be retro- spective and shall take effect as if the said Rule had never been inserted in the said Rules. 2. That in Order XXIX. (Requisition by Admiralty) (e) of the said Rules the following words shall be omitted: — In Rules 1 and 3 the words "on motion." In Rule 1, the words "Form of notice of motion will be found in Appendix A. No. 54." In Rule 4. the words "by motion." (a) 57 & 58 Vict. c. B9. (b) 97 & 28 Vict, c 25. (c) This Order in Council is printed at p. 256 above. («D Printed at p. 281! above, (e) Tbese words are italicised in Order X"XIX. as printed at pp. 28G, 287 above. Order in Council, taking effect ' Provisionally," amending tin :;»;? " Prize Court Rules, L914." -'5. That the following Rules Bhall be added to the aforesaid Order XXIX., after Rule 4 thereof: — 4.v. Notwithstanding anything contained in this Order, the Court shall on the requesi of the proper Officer of the Crown accept in lieu of paymeni into Courl an undertaking in writing signed by the proper Officer of the Crown for payment into (Hurl on behalf of the Crown oi the appraised value of the ship, or of the amount fixed under Rule 1 of this Order, as the case may be, at sue 1 1 time or times as the Court shall declare by Order thai the same or anj pari thereof is required for the purpose oi payment out of Court . In. Where in any case of requisition under this Order it is made to appear to the Judge on behalf of the Crown that the Lords of the Admiralty desire to requisition the ship temporarily, the Court may, in lien of an Order of Release, make an Ordei for the temporary delivery of the ship to the Lords oi the Admiralty, and suhjeel as aforesaid the provisions of this Order shall apply to such a requisition ; provided that, in the event of the return of the ship to the custody of the Court, the Court may make such I Irder as it thinks til for the return to the Crown of themoney paid into Court, or some or any pari thereof , ot the release of the undertaking given on behalf of the Crown or the reduction of the amount undertaken to be paid thereby, as the case may he: and provided also that, where the ship so requisitioned is subjeci to the provisions of Order XXYTTT. r. 1 relating to detention. the amount for which the Crown shall he considered liable in respect of such requisition shall be the amount of the damage, if any. which the ship has suffered during such temporary delivery as aforesaid. 4. That Form No. 54(») in Appendix \. to the said Rules shall he omitted. 5. This Order shall take effect provisionally in accordance with the provisions of section two of the Rules Publication Act, 1893, from the date hereof. . I Imeric FitzRoy. Notice of proposal to submit the ^Provisional' 1 Rft.es, amending titk prize court rules, fob making \s " statu- TORY Rules. "(b) Privy Council Office, 2nd October, 1914. Prize Conns Act, 189 I. Notice is hereby given that, alter the expiration of forty days from the date hereof, it is proposed to submit to Eis Majesty in Council the Draft of an Order in Council to the amendment of the Rules of Court regulating the procedure and practice of (a) Printed at p. .">."■* allow. (b) This Notice was published in the "London Gazette" of October 2nd, 1914; in the " Edinburgh Gazette " of October 6th, 1914; and in the "Dublin Gazette" of October 6th, 1914. 368 Notice of proposal to make "Provisional" Rules of September 30th as " Statutory Rules." Prize Courts, approved as provisional Rules under Section 2 of the Rules Publication Act, 1893, (a) by Order in Council of the 5th August, 1914, and confirmed by Order in Council of the 17th September, 1914. The said amending Rules were approved as provisional Rules under Section 2 of the last-named Act by Order in Council of the 30th September, 1914. (b) Notice is hereby further given, that in accordance with the provisions of the last-named Act, copies of the proposed Rules can be obtained by any public body within forty days of the date of tin's Xotice, at the Privy Council Office, Whitehall. RAILROADS (GOVERNMENT CONTROL). 1914. No. 1300. Order in Council under section 16 of the Regulation of tdte Forces Act, 1871 (34 & 35 Vict., c. 86), declaring that an Emergency has arisen in wtttcti it is expedient that His Majesty's Government should have control over the Railroads of Great Britain. At the Court at Buckingham Palace, the 4th day of August, 1914. Present, The King's Most Excellent Majesty in Council. Whereas by virtue of Section 16 of the Regulation of the Forces Act, 1871, it is lawful for the Secretary of State, when His Majesty, by Order in Council, declares that an emergency lias arisen in which it is expedient for the public service that His Majesty's Government should have control over the railroads in Great Britain, or any of them, by Warrant under his hand to empower persons to take such action in relation to any railroad in Great Britain as is mentioned in that section: Now, therefore, His Majesty, by and with the advice of His Privy Council, is pleased to declare, and it is hereby declared, for the purposes of the said Section 16, that an emergency has arisen in which it is expedient for the public service that His Majesty's Government should have control over the railroads of Great Britain. Almeric FitzRoy. (a) 56 & 57 Vict. c. 66. (b) Printed at p. 366 above. Govern mint Control of Railroads. 369 Wahkant OF THE Se< ki.iaky OF Si \ii., DATED A i (.1 ST 4, 1 - # I I. EMPOWEEING THE PeESIDENI OF THE BoAED OF THADE TO TAKK POSSESSION OF \I.I. THE R.AILEOADS (EXCLUDING TEAM- WAVS) IxGreAT BlMTAI.Mai DNDEB SECTION L6 OF THE REGU- LATION of the Foeces Act, 1 ST I (34 iV 35 Vict., i . 86). Whereas by virtue of Section 16 of the Regulation of the For< Act. L871, it is lawful for the Secretary of State, when II ie Majesty, by Order in ('on mil, declares thai an emergency has arisen in which it i^ expedient for the public service thai Hi- Majesty's Government should have control over the railroads in the United Kingdom, or any of them, by warrant under lii 1 - hand to empower any person to take possession in the name or <>n behalf of His Majesty of any railroad in tlie 1'nited Kingdom, and of the plant belonging thereto, or of any part thereof, and to take possession of any plant without taking possession of the railroad itself, and to use the same for His Majesty's service at such times and in such manner as the Secretary of State mav direct. And whereas II is Majesty l>v Order in Council made the 4th day of August, 1914, (b) has declared, for the purposes of tin- said section, that an emergency has arisen in which it is expedient for the public service that His Majesty's Government should have control over the railroads in Great Britain. Now, therefore, in pursuance of the said enactment, I, Herbert Henry Asquith, a Secretary of State, hereby empower the Presi- dent of the Board of Trade to take possession on behalf of His Majesty of all the railroads, excluding tramways, in Great Britain and of the plant belonging thereto or any part thereof and to use the same at all times during which this warrant or any renewal thereof remains in force for the conveyance of any of the naval or military forces of His Majesty, or of any good-, stores, or merchandize required for the use of His Majesty's Fleet, or for the use of any of His Majesty's said forces, or to use the same for any other purpose, or in any other manner for or in which it is expedient to use it for His Majesty's service. 4th day of August, 1914. H. H. Asquith. (a) The empowering section (34 & 35 Vict. c. 86. s. l(i) provides as follows :— '■ Any warrant granted l>y the said Secretary of State in pursuance of this section shall remain in force for one week only, hut may be renewed from week to week so long as in the opinion of the said Secretary of St it •. the emergency continues." The warrant of August 4th has (September 30, I9l4) been ren wed each week by endorsement in the form provided on the back of the warrant (as printed as Army Form A 2030a), and printed on the next page in this Manual. (b) Printed at p. 308, above. 5750 2 A 370 Government Control of Railroads. Form of Renewal of Warrant undee Section 16 of the Regulation of the Forces Act, 1871, to re Endorsed on the Warrant. I, , a Secretary of State, being of opinion that the emergency continues, hereby renew tin's warrant for a further period of one week from the day of day of , 19 . (Signed) SPECIAL CONSTABLES. The Special Constables Order, 1914. (a) 1914. No. 1375. At the Court at Buckingham Palace, the 9th day of September, 1914. Present, The King's Most Excellent Majesty in Council. Whereas by the Special Constables Act, 1914, (b) power is con- ferred on His Majesty to make regulations with respect to the appointment and position of special constables appointed during the present war under the Special Constables Act, 1831, (c) or under section one hundred and ninety-six of the Municipal Cor- porations Act, 1882, (d) and by those regulations to make such provisions as are in the said Act mentioned. Xow, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows : — 1. The power to nominate and appoint special constables under the Special Constables Act, 1831, may, during the present war, be exercised although a tumult, riot, or felony has not taken place or is not immediately apprehended. 2. Any special constable so appointed shall be appointed for the preservation of the public peace, and for the protection of the inhabitants, and the security of property in the police area for which, or for any part of which, the justices making the appointment act. (a) This Ordev was published in the " London Gazette" of September 9th, 1914, being the 2nd Supplement to (he Gazette of September 8th : in the "Edinburgh Gazette" of September 11th, 1914 ; and in the " Dublin Gazette" of September 11th, 1914. (b) 4 & 5 Geo. 5. c. 61, printed at p. 20 above. (c) 1 & 2 Will. 4. c. 41. (d) 45 & 4G Vict. c. 60. Special Constables Order, 1914. :;7i 3. The declaration to be made by a special constable shall be made in the following form: — I. of do solemnly and sincerely declare and affirm thai 1 will well and truly serve Our Sovereign Lord the King- in the office of special constable, without favour or affection, malice or illwill; and thai I will to the besl of my power cause the peace to be kepi and preserved, and prevenl all offences againsl the persons and properties oi II is Majesty's subjects; and that while I continue to hold the -aid office I will to the besl of my skill and knowledge discharge all the duties thereof faithfully according to law. 4. A special constable --hall throughout the police area For which he is appointed, and also in any adjoining- police area, have all the powers, privileges, and duties which any con-table duly appointed has within his constablewick by virtue of the common law or of any statute for the time being' in force. 5. All special constables shall in the execution of their duty act under the direction and control of the chief officer of police of the police area for which they are appointed, except that in exceptional circumstances they shall, if the Secretary of State so directs, act under the direction and control of such other authority as the Secretary of State may designate. 6. A special constable may, with the consent of the chief officer of police or other authority under whose direction and control he acts, resign his office, and the chief officer of police or such other authority may at his pleasure determine the service of, or suspend or dismiss, any special constable. 7. Any person who puts on the dress or accoutrements or takes the name, designation, or character of a special constable for any unlawful purpose shall be liable on summary conviction to a fine not exceeding ten pounds. 8. Any expenses incurred in respect of special constables may, if the police authority so directs, be paid out of the police fund. 9. If any special constable is incapacitated for the per- formance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default, or if he dies from the effect of any injury received in the execution of his duty without his own default, the police authority may grant him or to his widow and children a pension or pensions and allowances at the same rates as under the Poli< •• Act, 1890, (a> are payable in the case of police constables who have completed not more than five years' service and are drawing pay at the rate of five shillings a day. and all such pensions and allowances shall be paid out of the police fund. 10. For the purposes of this Order the expression "police area ' means one of the areas set forth in the first column to the schedule hereto, and the expressions "police authority," "chief officer of police," and "police fund " mean, as respects each police area the authority, officer, and fund respectively mentioned opposite the area in the second, third, and fourth •columns of that schedule. (a) 53 & 54 Vict. c. 45. 5750 2 A l' 372 Special Constables Order, 1914. 11. Subject to the provisions of this Order the Special Constables Act, 1831, as amended by any subsequent enactment, or as the case may require, section one hundred and ninety-six of the Municipal Corporations Act, 1882, shall apply to the special constables appointed under those enactments respectively. 12. This Order shall apply as respects special constables appointed since the commencement of the present war whether before or after the date of the making of this Order, and the appointments of special constables made before that date are hereby confirmed : but nothing herein contained shall be con- strued as requiring' special constables appointed before that date to make a new declaration under this Order. 13. This Order may be cited as the Special Constables Order, 1914. Almeric FitzRoy. Schedule. Police Areas and Authorities. Police Area. Police Authority. Chief Officer of Police. Police Fund. The Metropoli- The Secretary The commissioner The funds applicable for tan Police Dis- of State. of police of the defraying the expenses trict.^) metropolis. of the metropolitan police force. The City of The Common The commissioner The funds applicable for London. Council of of the city defraying the expenses the City of police. of the city police force London. A county The standing The chief con- The county fund. joint com- stable. mittee. A borough having The watch The chief or head The borough fund or a separate committee. constable. borough rate or any police. fund or rate applicable under any local Act for the expenses of the police force. In this schedule the expression "county" means an administrative county within the meaning of the Local Government Act, 1888, but does not include a county borough. Such parts of any county as are within the Metropolitan Police District, or as form part of any other police area, shall not be deemed for the purposes of this Act to form part of the county police area. (a) This area, as constituted by the Metropolitan Police Act, 1829 (10 Geo. 4. c. 44), was extended by Order in Council of January 3rd, 1840, printed in Statutory Rules and Orders, Revised (1901) Vol. VIII., "Metropolitan Police District," p. 1. Special Constables {Scotland) Order, 1!»14. 373 The Special Constables (Scotland) Ok dee, l!Jl4.fa; 1914 ll,Hl . S. 93 At the Court at Buckingham Palace, the 17th day of September, 1914. Peesent, The King's Most Excelleni Majesty in Council. Whereas by the Special Constables Act ,1914,(1>) as applying to Scotland, power is conferred on His Majesty to make regula- tions with respect to the appointment and position of special constables appointed during the present war under the Burgh Police (Scotland) Act, 1892, (c) so Ear as relating to special con- stables, the corresponding provisions of any local Act, and the Special Constables (Scotland) Act, 1914, (d) and by those regula- tions to make such provisions as arc in the said Act mentioned : Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows : — 1. If any special constable appointed under any of the above- mentioned Acts is incapacitated for the performance of his duty by infirmity of mind or body occasioned by an injury received in the execution of his duty without his own default, or if he dies from the effect of any injury received in the execution of his duty without his own default, the police authority may grant to him or to his widow and children a pension or pensions and allowances at the same rates as are payable in Scotland in the case of police constables who have completed not more than five years' service and are drawing pay at the rate of five shillings a day, and all such pensions and allowances shall be paid out of the police fund. 2. Any person who puts on the dress or accoutrements or takes the name, designation, or character of a special constable for any unlawful purpose shall be liable on summary conviction to a fine not exceeding ten pounds. 3. For the purposes of this Order the expressions ''police authority " and " police fund " shall have the same meaning as in the Police (Scotland) Act, 1890. (e) (a) This Order was published in the "'London Gazette" of September 17th, 1 ( J1 4, being the 2nd supplement to the Gazette of September 15th : in the ''Edinburgh Gazette" of September 19th, li'14, being a Supplement to the Gazette of September l*th. (b) 4 & 5 Geo. 5. c. 61, printed at p. 20 above. (c) 55 cv r>0 Viet, c 55. (d) 4 & 5 Geo. 5. c. 58, printed at p. 19 above, l^e) 53 & 54 Viet. c. 07 ; see s. 30 of that Act. o74 Special Constables (Scotland) Order, 1914. 4. This Order shall extend to Scotland only, and may be cited as the Special Constables (Scotland) Order, 19.14. Aim eric FitzRoy. Oedee of the Secretary for Scotland, dated October 5, 19 II. ldapting the provisions of the special constables (Scotland) Act, 1914, and of sections 96, 97 and 98 of the Burgh Police (Scotland) Act, 1892, in their application to Special Constables within the counties of Orkney AND SlII'/II \M).(a) 19.1.4. No. 1470. Whereas by section two of the Special Constables (Scotland) Act. 1914, (») it is provided that the Secretary for Scotland may by order under his hand apply to special constables appointed in Scotland any statutory provision relating to special constables. with any necessary adaptations: And whereas the Police (Scotland) Act, 1857, does not extend to the counties of Orkney and Shetland(b) and it is therefore necessary to adapt the provisions of the first recited Act relating to special constables and the provisions of the Burgh Police (Scotland) Act. 1892, (d) referred to therein to the circumstances of those counties : Now therefore I, the Bight Honourable Thomas McKinnon Wood. His Majesty's Secretary for Scotland, do herebv order as follows : — The provisions of the Special Constables (Scotland) Act, 1914. (a) and of sections ninetv-six, ninety-seven and ninetv-eight of the Burgh Police (Scotland) Act, 1892, (d) as applied to counties thereby, shall have effect as regards special constables within the counties of Orkney and Shetland subject to the following necessary adaptations: — - (1) References to the Police (Scotland) Act, 1857,(b) shall not apply; (2) References to constables of police appointed and acting under the Burgh Police (Scotland) Act, 1892, (c) shall be construed as references to constables appointed and acting in the said counties prior to the first day of August, 1914; (a) 4 & 5 Geo. 5. c. 53, printed at p. 19 above. (b) 20 & 21 Vict. c. 72. See s 76 of that Act, which provides for its exten- sion to either of those two counties by Order in Council to be made on the application of the Lord Advocate, or of the Sheriff Piincipal or County Council of the County. (c) 55 & 56 Vict. c. 55. Sections 96 to 98 of this Act are printed in Appendix E at p. 440 below as amended and extended to Counties by 4 & .") Geo. 5, c. 53. Special Constables (Orkney and Shetland). '!'■> (3) References to the magistrates, or the standing joint committee, shal] be construed as references to the police authorities existing in the counties aforesaid ai the said date : and (4) References to the chief constable shall be construed as references to the superintendent or other chiei officer of jiul ice. Given under my band and seal at Whitehall this fifth daj • t October, L914. (l.s.) I ■ McKinnon Wood, Hi- Majesty's Secretary for Scotland. TRADING WITH THE ENEMY Proclamation, dated August />, 1914, relating to Trading with the German EMPiRE.(a)(h) 1914. Xo. 1252. By the King. A Proclamation relating to Trading with the Enemy. George R.I. Whereas a state of war exists bet treat Us and the German Emperor : And whereas it is contrary to law for any person resident, carrying on business, or being in Our Dominions, to trade or havi ana commercial intercourse with any person resident, carrying on business, or being in the German Empire without Our permission : And whereas if is therefore expedient and necessary to tram all persons resident, carrying on business, or being in Our Dominions, of their duties and obligations towards Us, Our Crown, and Govern ment : (a) This Proclamation was revoked by Proclamation of September 9th, printed at p. 378 below, as from that date. The Proclamation of August 5th was extended to Austria-Hungary by Article 2 of the Proclamation of August 12th, printed at p. 97 above under the heading " Arsn;i A-llrv. aky " : that Article was likewise revoked by the Proclamation of September 9th. (b) This Proclamation was published in the " London Gazeite" of Augusfrwji. 1914, being the 2nd Supplement to the Gazette of August 4th ; in Cm**' % "Edinburgh Gazette " of August 7th, 1914: and in the " Dublin Gazette " of! » August 6th, li>14, being the 3rd Supplement to the Gazette of August 4th. ►* 376 Proclamation of August bth as to Trading with the Enemy. Now, therefore. We have thought jit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation, and We do hereby warn all persons resident, carrying on business, or being in our Dominions : Not to supply to or obtain from the said Empire any goods, wares, or merchandise, or to supply to or obtain the .same from any person resident, carrying on business, or being therein, nor t'> supply to or obtain from any person any goods, wares, or merchandise for or by way of transmission to or from the said Empire, or to or from any person resident, carrying on business, or being therein, nor to trade in or carry any goods, wares, or merchandise destined for or coining from the said Empire, or for or from any person resident, carrying on business, or being therein : Nor to permit any British ship to leave for, enter, or com- municate with any port or place of the said Empire: Nor to make or enter into any new marine, life, fire, or other policy or contract of insurance with or for the benefit of any person resident, carrying on business, or being in the said Empire, nor under any existing policy or contract of insurance to make any payment to or for the benefit of any such person in respect of any loss due to the belligerent action of His Majesty's forces or of those of any ally of His Majesty : Nor to enter into any new commercial, financial, or other contract or obligation with or for the benefit of any person resident, carrying on business, or being in the said E injure : And We do hereby further warn all persons that whoever in contravention of the law shall commit, aid, or abet any of the aforesaid acts will be liable to such penalties as the law provides : And We hereby declare that any transactions to, with, or for the benefit of any person resident, carrying on business, or being in tlie said Empire which are not treasonable and are not for the time being expressly prohibited by Us either by virtue of this Proclamation or otherwise, and which but for the existence of the state of tear aforesaid would be lawful, are hereby permitted : And We hereby declare that the expression "person " in this Proclamation shall include any body of persons corporate or u n incorporate, and that where any person has, or has an interest in, houses or branches of business in some other country as well as in Our Dominions, or in the said Empire (as the case may be), 'his Proclamation shall not apply to the trading or commercial intercourse carried on by such person solely from or by such houses or branches of business in such other country. Given at Our Court at Buckingham Palace, this Fifth day of August, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. Explanatory Announcement a* to Trading with the Enemy 377 Proclamation . Official Announcement in expl i.v ition of the Procl \m ition of August 5,1914, (a) against Trading with the Enemy, (b) The following official announcement was issued by the Treasury last night : — Some doubts having onsen as to the meaning and application of the Proclamation against trading with the enemy, (») the Govern- ment authorise the following explanation to be published: — (1) For the /impose of deciding what transactions with foreign traders are permitted, the important thing is to con- sider wliere the foreign trader resides and carries on business, and not the nationality of the foreign trailer. (2) Consequently, there is, as a rule, no objection to British firms trading with German or Austrian firms estab- lished in neutral or British territory. What is prohibited is trade with any firms established in hostile territory. (3) If a firm with headquarters in hostile territory has a branch in neutral or British territory, trade with the branch is (apart from prohibitions in special eases) permissible, as long as the trade is bona fide with the branch, and no trans- action with the head office is involved. (I) Commercial contracts entered into before war broTu out with firms established in hostile territory cannot be per- formed during the war, and payments under them ought not to be made to such firms during the war. Where, however, nothing remains to be done sure to pay for gpods already delivered, or for services already rendered, there is no objec- tion to making the payment. Whether contracts entered, into before war are suspended or terminated is a question of law which may depend, on circumstances, and in cases of doubt British firms must consult their own legal advisers. This explanation is issued in order to promote confidence and certainty in British commercial transactions ; but it must be under- stood that, in case of need, the Government will still be free to impose stricter regulations or special prohibitions in the national interest. 22nd Any list, 1911. (a) The Proclamation of August 5th, as to Trading with the German Empire (which was by Proclamation of August 12th, printed at p. ( J7 above, extended to Austria-Hungary) is printed at p. 37;") above. (b) This Announcement was revoked by the Proclamation of September 9th, printed at p. 378 below. 378 Trading with the Enemy Proclamation No. 2. The Trading with the Enemy Proclamation, No. 2. Dated September 9, 1914. (a) 1914. No. 1376. By the King. A Proclamation relating- to Trading with the Enemy. (>> orge R.I. Whereas a state of War has existed between TJs and the German Empire as from 11 p.m. on August 4th, 1914, (b) and a state of War has existed between Us and the Dual Monarchy of Austria- Hungary as from midnight on August 12th, 1914 : (c) And whereas it is contrary to law for any person resident, carrying on business or being in Our Dominions, to trade or have any commercial or financial transactions with any person resident or carrying on business in the German Empire or Austria- Hungary without Our permission : And whereas by Our Proclamation of the 5th August, 1914, (d) relating to trading with the Enemy, certain classes of transactions with the German Empire were prohibited : And whereas by paragraph 2 of Our Proclamation of the 12th August, 1914, (e) the said Proclamation of the 5th August, 1914. was declared to be applicable to Austria-Hungary : And whereas it is desirable to restate and extend the prohibi- tions contained in the former Proclamations, and for that purpose to revoke the Proclamation of the 5th August, 1914, and para- graph 2 of the Proclamation of the 12th August, 1914, and to substitute this Proclamation therefor : And whereas it is expedient and necessary to warn all persons resident, carrying on business or being in Our Dominions, of their duties and obligations towards Us, Our Crown, and Government: Now, therefore, We have thought fit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation declar- ing and it is hereby declared as follows: — ■ 1. The aforesaid Proclamation of the 5th August, 1914, relating to trading with the Enemy, and paragraph 2 of the aforesaid Proclamation of the 12th August, 1914, together with any public announcement officially issued in explanation thereof, are hereby, as from the date hereof, revoked, and from and after the date hereof, this present Proclamation is substituted therefor. (a) This Proclamation was published in the " London Gazette " of September 9th, 191 I, being the 2nd Supplement to the Gazette of September 8th ; in the Edinburgh Gazette" of September 11th, 1911 ; and in the '-Dublin Gazette" of September 10th, 1914, being a Supplement to the Gazette of September 8th. ib) Se( Notification of August 4th, printed at p. 1 above. (c) See Notification of August 12th, 1914, printed at p. 1 above. ( d) Printed at p. '-u'.) above. (e) Printed at p. 97 above. Trading with the Em my Proclamation No. 2. 379 2. The expression '* enemy country ' in this Proclamation mean- the territories of the German Empire and of the Dual Monarchy of Austria-Hungary, together with all the colonies and dependencies thereof. 3. The expression " enemj ' in this Proclamation means any person or bodj of persons of whatever nationality resident oi carrying on business in the enemy country, bul does riol include persons of enemy nationality who arc neither resident nor carry- ing on business in the enemy country. In the case oi incor- porated bodies, enemy character attaches only to those incor- porated in an enemy country. 4. The expression "outbreak of war" in this Proclamation mean- II p.m. on the 4ih August, L914,(») in relation to the German Empire, its colonies and dependencies, and midnight on the 12th August, 1914,(1>) in relation to Austria-Hungary, its colonies and dependencies. 5. From and after the date of this Proclamation the following prohibitions shall have effect, (save so far as licence- amy be issued as hereinafter provided), and We do hereby accordingly warn all persons resident, carrying on business or being jn Our Dominions — (1) Not to pay any sum of money to or for the benefit of an enemy. (2) Not to compromise or give security for the payment o) any debt or other sum of money with or for the benefit of an enemy. (3) Not to act on behalf of an enemy in drawing, accepting, paying, presenting for acceptance or payment, negotia- ting or otherwise dealing with any negotiable instru- ment. (4) Not to accept, pay, or otherwise deal with any negotiable instrument which is held by or on behalf of an enemy. provided that this prohibition shall not be deemed to be infringed by any person who has no reasonable ground for believing that the instrument is held by or on behalf of an enemy. (5) Xot to enter into any new transaction, or complete any transaction already entered into with an enemy in any stocks, shares, or other securities. (0(0) Not to make or enter into any new marine, life, fire or other policy or contract of insurance with or for the benefit of an enemy : nor to accept, or give effect to any insurance' of, any risk arising under any policy or contract of insurance (including re-insurance) made or entered into with or for the benefit of an enemy before the outbreak of War. (7 i Not directly or indirectly to supply to or for the use or benefit of, or obtain from, an enemy country or an enemy, any goods, wares or merchandise, nor directly (a") See Notification of August 4th, printed at p. 1 above. (to) See Notification of August 12th, printed at p. 1 above. (c) Paragraph a (f>) was revoked and another heading substituted therefor as from October 8th, 1914, by Proclamation of that date printed in Supplement at end of this Manual. Trading with the Enemy Proclamation To. 2. or indirectly to supply to or for the use or benefit of, or obtain from any person any goods, wares or merchandise, for or by way of transmission to or from an enemy country or an enemy, nor directly or indirectly to trade in or carry any goods, wares or merchandise destined for or coming from an enemy country or an enemy. (8) Xot to permit any British ship to leave for, enter or communicate with, any port or place in an enemy country. (9) Xot to enter into any commercial, financial or other con- tract or obligation with or for the benefit of an enemy. (10) Not to enter into any transactions(a) with an enemy if and when they are prohibited by an Order of Council made and published on the recommendation of a Secretary of State, even though they would otherwise be permitted by law or by this or any other Proclama- tion. And we do hereby further warn all persons that whoever m contravention of the law shall commit, aid, or abet any of the aforesaid acts, is guilty of a crime and will be liable to punish- ment and penalties accordingly. 6. Provided always that where an enemy has a branch locally situated in British, allied, or neutral territory, not being neutral territory in Europe, transactions by or with such branch shall not be treated as transactions by or with an enemy. 7. Nothing in this Proclamation shall be deemed to prohibit payments by or on account of enemies to persons resident, carry- ing on business or being in Our Dominions, if such payments arise out of transactions entered into before the outbreak of War or otherwise permitted. 8. Nothing in this Proclamation shall be taken to prohibit anything which shall be expressly permitted by Our licence, or by the licence given on Our behalf by a Secretary of State, (b) or the Board of Trade, (o) whether such licences be especially granted to individuals or be announced as applying to classes of persons. 9. This Proclamation shall be called the Trading with the Enemy Proclamation, No. 2. Given at Our Court at Buckingham Palace, this Ninth day of September, in the year of our Lord one thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God Save the King. (a) As to applicition of paragraph 5 (10) as regards persons carrying on business or being in His Majesty's Dominions beyond the Seas, see Proclamation of October 8th, 1914, printed at end of this Manual. (b) See Licence of September 22nd (as to payments, exchange transactions, and receipts) given by the Secretary of State, printed at p. 381 below. (C) See T.icences given by the Board of Trade, dated September 23rd (as to patents, designs and trade marks), and printed at p. 381 below, and September •>oth (as to payment of freight and other charges in respect of enemy ships), and printed at p 383 below, and Board's Announcement of September 27th, as to procedure to be adopted by cargo owners to safeguard their interests, printed at p. 383 below. Licence under Trading with ih> Enemy Proclamation 381 permitting certain Payments, .v<\ Licence granted by the Sj-.< im-.taky of State, Si.i-i i mukh 22, 1914, undeb the Teading with the Enemi Proclamation, no. ~, permitting certaih payments, exchange tran- SACTIONS ami Receipts. (») Whereas by paragraph 5 (1) of the Trading with the Enemy Proclamation No. 2,(1>) dated September 9th, 1914, the payment of any sum of money to or Eor the benefit of any person or body .it persons residenl in the territories of the German Empire or in the Dual (Monarchy of Austria-Hungary or in the respective colonies and dependencies thereof, in this licence and in the said Proclamation referred to as "enemy country," is prohibited: And whereas by paragraph 8 of the said Proclamation it is provided thai nothing in the Proclamation shall be taken to pro- hibit anything which shall be expressly permitted by the licence of a Secretary of Stale, whether such licence he expressly granted Id individuals or be announced as applying to classes of persons : Now I, the Right Honourable Reginald McKenna, one of His Majesty's Principal Secretaries of State, hereby authorize such persons as may be empowered by the Lords ( 'ommiwoners of Hi- Majesty's Treasury in that behalf to make such payments and to carry out such exchange transactions for the benefit of persons resident in an enemy country as their Lordships may from time to time sanction, or to receive payment of monies from persons resident in an enemy country in such cases as their Lordships may from time to time sanction. R. McKenna. Home Office, Whitehall, 22nd September, 1914. Licence granted by the Boaed of Tkade, September 23, 1914. dndeb the trading with the exkmv proclamation, no. 2, permitting payment of certain fees in respect of Patents, Designs and Trade Marks. (c) Boa,,/ of Trade, Whitehall. Whereas by Royal Proclamation relating to Trading with the Enemy, dated the 9th day of September, 1914, (d) it was. amongst other things, declared as follows: — '• The expression ' enemy country ' in this Proclamation means the territories of the German Km pi re and of the Dual Monarchy ( a) This Licence was published in the " London Gazette " of September '-'Mb. 1914 ; in the "Edinburgh Gazette" of September 29th : and in the " Dublin Gazette " of September 29th, 1914. (b) Printed at p. 378 above. (c) This Licence was published in the " London Gazette" of September 26th, being the 1st Supplement to the Gazette of September '25th ; in the " Edinburgh Gazette" of September 29th, 1914 ; and in the ''Dublin Gazette" of Sep- tember 29th, 1914. (A) The Trading with the Enemy Proclamation, No. 2. printed at p. 3oS above. 382 Licence under Trading with Enemy Proclamation permitting payment of certain Patent Office Fees. of Austria-Hungary, together with all 11m' Colonies and Depend- encies thereof. " The expression ' enemy ' in this Proclamation means any person or body of persons of whatever nationality resident or « arrying on business in the enemy country, but does not in- clude persons of enemy nationality who are neither resident nor carrying on business in the enemy country. In the case of incor- porated bodies enemy character attaches only to those incorpor- ated in an enemy country." And whereas it was also declared by the said Proclamation thai from and after the dale of the said Proclamation, all persons resident, carrying on business, or being in His Majesty's Dominions were prohibited from doing certain acts therein more specifically referred to : And whereas it was further declared by the said Proclamation a- follows: — " Nothing in this Proclamation shall be taken to prohibit anything which shall be expressly permitted by Our licence, or by the licence given on Our behalf by a Secretary of State, or the Board of Trade, whether such licences be especially "ranted to individuals or be announced as applying to classes of persons." And whereas it appears desirable to grant the licence herein- after set out ; Xow therefore the Board of Trade, acting on behalf of His Majesty, and in pursuance of the power reserved in the said Proclamation, do hereby give and grant licence to all persons resident, carrying on business, or being in His Majesty's Dominions, To pay any fees necessary for obtaining the grant, or for obtaining the renewal of Patents, or for obtaining the registra- tion of Designs or Trade Marks, or the renewal of such registra- tion in an " enemy country." And also to pay on behalf of an "enemy" any fees payable on application for or renewal of the grant of a British Patent or on application for the registration of British Designs or Trade Marks or the renewal of such registration. Dated this twenty-third day of September, 1914. For and on behalf of the Board of Trade, H. Llewellyn Smith, Secretary to the said Board. Licence under Trading with Enemy Proclamation. 383 Licence geanted my the Board of Teade, Septembeh 25, 191 !. i'.vdkh i in-: 'I'k \iiim. wiiii mi Km my PeoCLAMATIOX, No. 2, PEEMITTING BeITISH OwNEES OP CaBGO LYING IN NET/TEAL Poets in Enemy-owned Ships to pai Fei [ght.(») Whereas by paragraph 5 of the Trading with the Enemy Pro- clamation, No. 2,(b) dated the nintli day of September, L91 I. all persons resident, carrying on business, or being in the K i hl: - Dominions were prohibited from doing certain things savi -<> far ;iv licences mighl be issued enabling them bo t" do. And whereas by paragraph 8 of the aforesaid Proclamation i' is provided thai nothing in such Proclamation shall be taken to prohibil anything which shall be expressly permitted by the Kind's licence or by the licence given on Hi- behalf by a Secre- tary of State or the Board of Trade, whether such licences lie especially granted to individuals or he announced as applying to ehisses of persons. \o\v, therefore, the Hoard of Trade hereby announce thai British owners of cargo now lying in a neutral port in a -hip owned by an enemy may for the purpose of obtaining possession of such cargo pay freight and other necessary charges to the A.gen1 of the shipowner at such port. G. S. Barnes, A Secretary to the Board of Trade. Hoard of Trade. SAW. 25th September, 1014. Boaed of Teade Annoi sr< ement op Septembeb *JT. 1914. as to Beitish Caegoes tx Km:my Sinrs i.\ Netjteal Pom-. In response to numerous inquiries with regard to the procedure to be adopted by the owners of British cargo in enemy ships in neutral ports in order to safeguard their interests, the Board of Trade, ou the recommendation of the Committee on Diverted Cargoes, offer the following suggestions and obser- vat ion- : — (1) The Foreign Office have issued instructions to British Consuls to give all possible assistance to British owners of cargo in enemy ships. (2) In the ease of the sale or attempted -ale of the cargo by the Master of the -hi]), it may he open to the owner of the cargo to obtain redress by legal proceedings in the local courts, and the owner of the cargo, if lie desires in (a) This Licence was published in the " London Gazette " of September - 2.">th L914; in the "Edinburgh Gazette" of September 20th, 1014: and in the •• Dublin Gazette" of September 29th, 1914. (b) Printed at p. 378 above. 384 British Cargoes in Enemy Ships in Neutral Ports. take such proceedings, should, whenever practicable, instruct local agents to take the necessary steps. (3) If j in lieu of such action, the owner of the cargo desires to arrange for the delivery of the cargo itself, or of the proceeds, if the cargo has been sold, he should give a power of attorney to a local agent with authority to arrange for the transhipment or storage of the cargo, or to receive the proceeds. This transaction would probably involve the payment to the Master of the ship of the freight and other charges. The Board of Trade, in pursuance of their powers under paragraph 8 of the Trading with the Enemy Proclamation, No. 2, dated 9th September 1914, (a) have decided that payments may be made by British subjects to the agents of enemy shipowners for the purpose of obtaining possession of their cargoes in neutral ports, (b) Board of Trade, 27th September, 1914. Proclamation, dated September 30, 1914, extending the Pro- hibitions CONTAINED IN THE TRADING WITH THE ENEMY Proclamation, No. 2.(c) 1914. No. 1447. By the King. A Proclamation extending the Prohibitions contained in the Pro- clamation of the 9th September, 1914, relating to Trading with the Enemy. George R.J. Whereas the State of War between Us and the German Empire and the State of War between Us and the Dual Monarchy of Austria-Hungary referred to by Us in Our Proclamation of the ninth day of September, 1914, (d) still continue to exist: And whereas it is desirable to extend the prohibitions con- tained in Our said Proclamation : (a) This Proclamation is printed at p. 378 above. (b) See Licence of September 25th granted by the Board and printed at p. 383 above. (c) This Proclamation was published in the " London Gazette " of Sep- tember 30th, 1914, being the 1st Supplement to the Gazette of September 29th ; in the "Edinburgh Gazette" of September 8Cth, 1914, being a Supplement to the Gazette of September 29th ; and in the " Dublin Gazettd " of September 30th, 1914, being a Supplement to the Gazette of September 29th. (d) The Trading with the Enemy Proclamation, No. 2, printed at p. 378 above. Importation of Enemy produced Sugar Prohibited. 385 Now, therefore, We have though.1 fit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation declaring', and ii is hereby declared, as follows: — 1. From and after the date of this Proclamation — (1) The importation of such su^-ar as is hereinafter men- tioned is prohibited. (2) The following prohibition shall have effect (save so far as licences may be issued as hereinafter provided) in addition to the prohibitions contained in Our said Proclamation, and We do hereby accordingly warn all persons resident, carrying on business, or being in our Dominions — (a) Not directly or indirectly to import or cause or procure to be imported or to be concerned with the importation into any part of Our Dominions or into any other country or place whatever through or from any port in Europe of raw or refined sugar made or produced by an enemy or in an enemy country, or refined sugar (wherever made or pro- duced) made or produced from raw sugar made or produced by an enemy or in an enemy country. (b) Not directly or indirectly to deal in any sugar as aforesaid. 2. And We do hereby further warn all persons that whoever in contravention of the law shall commit, aid or abet any of the aforesaid acts is guilty of a crime and will be liable to punish- ment and penalties accordingly. 3. Nothing in this Proclamation shall be taken to prohibit anything which shall be expressly permitted by Our licence, or by the licence given on Our behalf by a Secretary of State or the Board of Trade, whether such licence be granted especially to individuals or he announced as applying to classes of persons. 4. The words " enemy " and " enemy country" and " person" shall have the same meaning in this Our Proclamation as in Our said Proclamation of the ninth clay of September, 1914. Given at Our Court at Buckingham Palace, this Thirtieth day of September, in the year of our Lord, one thousand nine hundred and fourteen, and in the Fifth year of Our Reifrn . ■■& j God save the King, 5750 2B 386 Requisitioning of British Ships or Vessels. TRANSPORTS AND AUXILIARIES. Proclamation, dated August 3, 1914, Authorising the Lords Commissioners of the Admiralty to requisi- tion any British Ship or British Vessel within the British Isles or the Waters adjacent THERETO.(a) 1914. No. 1247. By the King. A Proclamation for Authorising' the Lords Commissioners of the Admiralty to requisition any British Ship or British Vessel within the British Isles or the Waters adjacent thereto. George R.I. Whereas a national emergency exists rendering it necessary to take steps for preserving and defending national interests : And whereas the measures approved to be taken require the immediate employment of a large number of vessels for use as Transports and as Auxiliaries for the convenience of the Fleet and for other similar services, but owing to the urgency of the need it is impossible to delay the employment of such vessels until the terms of engagement have been mutually agreed upon : Now, therefore, We authorize and empower the Lords Commis- sioners of the Admiralty by warrant under the hand of their Secretary or under the hand of any Flag Officer of Our Royal Navy holding any appointment under the Admiralty to requisition and take up for Our service any British ship or British vessel as defined in the Merchant Shipping Act, 1894,(b) within the British Isles, or the waters adjacent thereto, for such period of time as may be necessary on condition that the owners of all ships and vessels so requisitioned shall receive payment for their use, and for services rendered during their employment in the Government service, and compensation for loss or damage thereby occasioned, according to terms to be arranged as soon as possible after the said ship has been taken up, either by mutual agreement between the Lords Commis- sioners of the Admiralty and the owners or failing such agreement by the award of a Board of Arbitration to be constituted and appointed by Us for this purpose (c). Given at Our Court at Buckingham Palace, this Third day of August, in the year of Our Lord One thousand nine hundred and fourteen, and in the Fifth year of Our Reign. God save the King. (a) This Proclamation was published in the " London Gazette " of August 3rd, 1914, being the 3rd Supplement to the Gazette of July 31st ; in the" Edinburgh Gazette" of August 4th, 1914 ; and in the "Dublin Gazette" of August 4th, 1914. (b) 57 & 58 Vict. c. 60. See ss. 1, 2 (2) of that Act. (c) See Notification of August 31st printed at pp. 390-395 below, which superseded the earlier Notification of August 11th printed at pp. 387-390 below. (First) Constitution of Admiralty T ran sport. Arbitration 387 Board. Notification bated August 11,1914, as to the Constitution OF THE ADMIR ILTY TRANSPORT ARBITR ITION BOARD. (a)(b) His Majesty has been plea sal to direct tli ut the Board of Arbitration content plated hi/ His Majesty's Proclamation of 3rd August, 1914, relating to the requisitioning of British ships and vessels for His Ma jest n's service, shall be constituted as provided in the rules hereinafter set out. His Majesty has appointed — The Right Honourable the Lord Mersey, P.O., to be the President of the Hoard of Arbitration, and Mr. William Walton to he the Vice-President, and has directed that the Members of that Board shall be chosen from the following punch, in the manner provided in the said rules : — Government Nominees. Admiral Sir Lewis Beaumont, G.C.B., K.C.M.G., St. Georges, Hurstpierpoint, Sussex. Admiral William II. Henderson, 3, Onslmc Houses, S.W. Admiral Charles G. Robinson, C.V.O., 3, Parkland . Surbiton. Sir C. Inigo Thomas, G.C.B., 47, Evelyn Gardens, S.W. Sir Henry I . Vansittart-Neale, K.C.B., Bisham Abbe)), Marlow. Captain Sir Charles E. II. Chadwyck-Healey, K.C.B., K.C., R.N.R., Harcourt House, Cavendish Square, W. Sir Richard I). Aivdry, K.C.B., 63, Victoria Road. Ken- sin .'/fan, W. Sir Cornelius N. Dalton, K.C.M.G., 26, Belsize Lane, II a in pstead , X. Sir Nathaniel ■/. Highmore, K.C.H.. Harbybrowe, Wor- cester Pari, Surrey. Shipowners, The Right Honourable The Lord Inehcape, G.C.M.G., K.C.S.I., K.C.I.E., 9, Throymorton Avenue, E.G. C. Sydney Jones, Esq. (Chairman of the Liverpool Steam Shi/) Owners' Association J. 'Thomas Roijden, Esq. (Vice-Chairman of the Canard Steam Shi/> Co. J. Oswald Sanderson, Esq. (Messrs. Thomas Wilson, Sons and Co., Hull). ■I. M. Shields, Esq. (Peninsula r and Oriental steam Naviga- tion C<>.), 122, Leadenhall Street, E.C. Captain Sir Owen Philipps, K.C.M.G., R.X.R. (Chairman of the Royal Mail Steam Packet Co.), IS. Moorgate Street, E.C. (a) This Notification is superseded by that of August 31st, printed at pp 390-395 below. (b) This Notification was published in the " London Gazette," of August 14th, 1914. 5750 2 B 2 388 (First) Constitution of Admiralty Transport Arbitration Board. Sir KennethS. Anderson, K.C.M.G. (Chairman of the Orient Line, Vice-President of the Chamber of Shipping of the United Kingdom), 5, Fenchurch Avenue, E.C. W. J. Noble, Esq. (Messrs. Cairns, Noble and Co., New- castle-on-Tyne ) . R. Burton Chadwick, Esq. (Chairman of the Liverpool Ship- owners' Association), 601, Tower Buildings, Liverpool. F. C. Gardiner, Esq. (Messrs. James Gardiner and Co., Glasgow, Chairman of the Advisory Committee on New Lighthouse Works, etc.). F. S. Watts, Esq. (Chairman of the Shipowners' Parlia- mentary Committee), 7, Whittington Avenue, Leadenhall Street, E.C. Sir Edward Hain (Chairman of the General Shipowners 1 Society, London). James H. Warrack, Esq. (President of the Chamber of Shipping of the United Kingdom ). W. W.. Jones, Esq. (Messrs. Evan Jones and Company, Boston Buildings, James Street, Cardiff). Bankers. Walter Cunliffe, Esq. (Governor of the Bank of England). Brien Cokayne, Esq. (Director of the Bank of England), 22, Bishopsgate, E.C. Sir Felix Schuster, Bart. (Chairman, Union of the London and Smiths Bank), 2, Princes Street, Mansion House, E.C. Underwriters. Cecil C. Blogg, Esq., Lloyds, E.C. Sir Frederic Bolton, Lloyds, E.C. James Forbes, Esq., Lloyds, E.C. Henry G. Poland, Esq., Lloyds, E.C. Charles I. de Rougemont, Esq., Lloyds, E.C. Hugh G. Sicklemore, Esq., Lloyds, E.C. Marine Insurance Companies. Herbert T. Hines, Esq. (Royal Exchange Assurance Cor- poration, Royal Exchange, E.C). E. L. Jacobs, Esq. (Alliance Assurance Co., Ltd., Bartholo- mew Lane, E.G.). R. B. Jjemon, Esq. (Marine Insurance Co., Ltd., 20, Old Broad Street, E.C). A. H. Roberts, Esq. (Indemnity Mutual Marine Insurance Co., Ltd., 1, Old Broad Street, E.C). T. J. Storey, Esq. (British and Foreign Marine Insurance Co., Ltd'., 1, Old Broad Street, E.C). Ins urance Brokers. Walter E. Ha r greaves, Esq., Winchester House, Old Broad Street, E.C. Herman Sinison, Esq., Lloyds, E.C. George II. Stamp, Esq., 32, Cornhill, E.C. Charles Wright, Esq., 27, Cornhill, E.C (First) Constitution of Admiralty Transport Arbitration Board. A ver ige Adjusters. Thomas S. Coojces, Esq. (of Messrs. Mantey Hopkins, Son and Cookes, 91, Gracechurch Street, E.C.J. Arthur /.nidhi/ Esq. (of Messrs. Robert Lindley, Sons and /'orison, 834)0, Palmerston House, Btihopsgate, E.C). William Hi chords, Esq. (of Messrs. William Richards and Son, 70, Gracechurch Street, E.C). M. A. Rundell, Esq. (of Messrs. Dale and Rundell, ;.'/.', (J racechurch Street, E.C). F. C. Danson, Esq. (of Messrs. F. C Danson and Co., Tower Buildings, Water Street, Liverpool). A. II. May, Esq. (of Messrs. . I. //. May and Son, Phonix Buildings, 78, St. Vincent Street, Glasgow). The procedure set out in the following rules is to be followed so far as may be practicable in the circumstances of each case : — RULES. 1. — All claims whatsoever arising out of or in respect of the requisitioning of any British ship or vessel under His Majesty's Proclamation of the 3rd day of August, 1914, shall be made out in full detail and left in triplicate with or sent to the Secretary of the Admiralty, Whitehall, S.W., so soon as may be and in no case later than within one month from the taking up of the ship or vessel for His Majesty's service. 2. — The claim shall be accompanied with all necessary vouch ( rs and supporting documents and such explanatory statement as may be required to make clear the nature of the claim and the grounds thereof. 3, — Each claim shall be considered by the Admiralty, who shall negotiate with the Claimant with a view to the adjustment and settlement thereof by agreement. 4. — // the Admiralty and the Claimant fail to arrive at an agreement within a reasonable time, to be determined in each case by the President of the Board of Arbitration, the Admiralty shall report the matter with the necessary papers to the President, who shall refer the claim to two Arbitrators selected by him from the panels of Arbitrators for consideration and report. The Arbitrators so selected shall have regard to any directions or instructions they may receive from the President; they may call for such further papers, evidence and particulars as they may require, and. if they think fit, may call upon the Admiralty and the Claimant cither to argue the matter before them or to submit written arguments on any points. 5. — The joint award of such Arbitrators shall be final. If they are unable to agree, the matter shall be referred to the President of the Board of Arbitration as Umpire, who may require such further papers, evidence, particulars or argument as he may deem necessary. The award of the President shall be final . 6. — Any matter or question of procedure not disposed of by these rules, or ani/ question arising thereon, shall be determined $89 390 (First) Constitution of Admiralty Transport Arbitration Board. by the President of the Board of Arbitration as in his discretion lie sJiall think fit to direct. 7. — The Vice-President of the Board of Arbitration may by direction of the President act in any matter hereunder for the P resident , and he may also act as President should the President for any reason at any time be unable to act. Any direction in- decision' of the Vice-President when so acting for or as the /'resident shall be as effectual as though made or given by the President. Admiralty, Whitehall, S.TT\, 11th An fiu st. 1914. Notification, dated August 31, 1914, as to the Constitution of the Admiralty Transport Arbitration Board. (a) The King has been pleased to direct that the constitution of the Board of Arbitration established in pursuance of His Majesty's Proclamation of 3rd August, 1914, relating to the requisitioning of British ships and vessels for His Majesty's ser- vice, (b) shall be amended by the addition of certain further rules, and that the panels from which the Members of that Board are to be chosen shall be enlarged by the inclusion of additional representatives of the various interests concerned. The following notification is therefore to be substituted for that published in the London Gazette of the 14th August, 1914(c) : — His Majestv has appointed — The Right Honourable the Lord Mersey, B.C., 22, Gros- venor Place, S.W., "to be President of the Board of Arbi- tration, and Mr. William Walton, Donnington Holt, Newbury, Berks, to be Vice-President, and has directed that the Members of that Board shall be chosen from the folloAving panels, in the manner provided in the said rules : — Government Nominees. Admiral Sir Lewis Beaumont, G.C.B., K.C.M.G., St. Georges, Hurstpierpoint, Sussex. Admiral William H. Henderson, 3, Onslow Houses, S.W. Admiral Charles G. Robinson, C.V.O., 3, Parklands, Sur- biton. Sir C. Inigo Thomas, G.C.B., 4T, Evelyn Gardens, S.W. Sir Henry J. Vansittart-Neale, K.C.B., Bisham Abbey, Marlow. Captain Sir Charles E. H. Chadwyck-Healey, K.C.B., K.C., R.N.R., Harcourt House, Cavendish Square, W. (a) This Notification was published in the " London Gazette " of September 1st, 1914. (b) This Proclamation is printed at p. 38G, above. (c) This Notification is printed at p. 387, above. Wmttltittitm of &d unnili ,, Transport ArhitmHon Board. 391 Sir Richard D. Awdry, K.C.B., 63, Victoria Road, Ken- sington, W. ««'..» TT Sir Cornelius X. Dultou, K.C.M.G., 26, Belsize Lane, Hamp- Btead, N.W. A _ r Sir Nathaniel J. Highmore, K.C.B., Harbybrowe, Wor- cester Park, Surrey. Stephen J. Graff, Esq., C.B., 45, Amherd Road, Ealing, W. Hon. Thomas Pelham, C.B., Deene House, Putney Hill, S.W. SHIPOWNERS. The Right Hon. the Lord Inchcape, GXJ.M.G., K.C.S.I., K C I.E., 9, Throgmorton Avenue, E.G. C. Sydney Jones, Esq. (Chairman of the Liverpool Steam Ship Owners' Association). Thomas Rovden, Esq. (Vice-Chairman of the Cunard Steam Ship Co.)". . , Oswald Sanderson, Esq. (Messrs. Thomas Wilson, Sous and Co., Hull). , r v . J M. Shields, Esq. (Peninsular and Oriental Steam Naviga- tion Co.), 122, Leadenhall Street, E.C. Captain Sir Owen Phillipps, K.C.M.G., R.N.E. (Chairman of the Royal Mail Steam Packet Co.), 19, Moorgate Street, E.C. . . . Sir Kenneth S. Anderson, K.C.M.G. (Chairman ot the Orieni Line, Vice-President of the Chamber of Shipping of the United Kingdom), 5, Fenchurch Avenue, E.C. W. J. Noble, Esq. (Messrs. Cairns Xoble and Co.. Xeweastle- on-Tvne). R. Burton Chadwick, Esq. (Chairman of the Liverpool Ship- owners' Association), 601, Tower Buildings, Liverpool. F. C. Gardiner, Esq. (Messrs. James Gardiner and Co., Glasgow, Chairman of the Advisory Committee on Xew Lighthouse "Works, etc.). F. S. Watts, Esq. (Chairman of the Shipowners' Parlia- mentary Committee), 7, Whittington Avenue, Leadenhall Street, E.C. Sir Edward Ha in (Chairman of the General Shipowners Society, London). James H. Warrack, Esq. (President of the Chamber of Ship- ping of the United Kingdom). W. W. Jones, Esq. (Messrs. Evan Jones and Company, Boston Buildings, James Street, Cardiff). General Trading. J. Howard Glover, Esq., 57, Bishopsgate, E.C. W. Lund, Esq., Messrs. Harris and Dixon, Ltd., 81, Grace- church Street, E.C. Coasting Teades. The Right Hon. The Lord Inverclyde, Messrs. E. and I. Burns, 30, Jamaica Street, Glasgow. 392 Constitution of Admiralty Transport Arbitration Board. James E. Tully, Esq., J. P., Milburn House, Xewcastle-on- Tyne. Captain H. B. Hooper, R.I.M., Chairman, London Short Sea Traders Association, 15, Trinity Square, E.C. Edward Nicholl, Esq., Cardiff and Bristol Channel Ship- owners Association, Cardiff. William Cuthbert, Esq., Clyde Shipping- Co., Glasgow. Ernest Cook, Esq., Messrs. Rogers Bright, Ltd., 17, Water Street, Liverpool. Oil Tank Steamer Owners. Edward A. Cohan, Esq., c/o Messrs. H. E. Moss and Co., 18, Chapel Street, Liverpool. Clive Bowring, Esq., c/o Messrs. C. T. Bowring and Co., Winchester House, Old Broad Street, E.C. Cargo Owners . R. A. Patterson, Esq., Messrs. Patterson, Ellerby and Co., 24, St. Mary Axe, E.C. E. B. Tredwen, Esq., Messrs. Gilbert J. McCaul and Co., 27, Walbrook, E.C. F. Becker, Esq., Messrs. Becker and Co.. 64, Cannon Street, E.C. Bankers. Walter Cunliffe, Esq. (Governor of the Bank of England). Brien Cokayne, Esq. (Director of the Bank of England), 22, Bishopsgate, E.C. Sir Felix Schuster, Bart. (Chairman, Union of London and Smiths Bank), 2, Princes Street, Mansion House, E.C. Underwriters . Cecil Blogg, Esq., Lloyds, E.C. Sir Frederic Bolton, Lloyds, E.C. James Forbes, Esq., Lloyds, E.C. Henry G. Poland, Esq., Lloyds, E.C. Charles I. de Rougemont, Esq., Lloyds, E.C. Hugh G. Sicklemore, Esq., Lloyds, E.C. Marine Insurance Companies. Herbert T. Hines, Esq. (Royal Exchange Assurance Cor- poration, Royal Exchange, E.G.). E. L. Jacobs, Esq. (Alliance Assurance Co., Ltd., Bar- tholomew Lane, E.C). R, B. Lemon, Esq. (Marine Insurance Co., Ltd.), 20, Old Broad Street, E.C. A. H. Roberts, Esq. (Indemnity Mutual Marine Insurance Co., Ltd.), 1, Old Broad Sheet, E.C. T. J. Storey, Esq. (British and Foreign Marine Insurance Co., Ltd.), 1, Old Broad Street, E.C. Constitution of Admiralty Transport Arbitration Board. 393 Insurance Brokers. Walter E. Hargreaves, Esq., Winchester House, Old Broad Street, E.C. Herman Simson, Esq., Lloyds, E.C. George R, Stump, Esq., :'»2, Cornhill, E.C Charles Wright, Esq., 27, Cornhill, E.C. Thomas Forbes, Esq.,-'!, Lotlibury, K.C. Akroyd Hyslop, Ksq., .1.1'., Merchants Marine Insurance Co., Hilloii Grange, Sutton, Surrey. Average Adjusters. Thomas S. Cookes, Esq. (of Manley Hopkins, Son and Cookes), 91, Gracochurcl] Street, E.C. Arthur Lindley, Esq. (of Robert Lindley, Sons and Davidson, 83-DU, Palmerston House, Bishopsgate, E.G.). William Richards, Ksq. (of William Richards and Son;, TO, Gracechurch Street, E.C. M. A. Rundell, Esq. (of Dale and Rundell, T9i, Gracechurch Street, E.G.). F. C. Danson, Esq. (of F. C. Danson and Co., Towel- Building's, Water Street, Liverpool). A. H. May, Esq. (of A. H. May and Son), Phoenix Build- ings, T8, St. Vincent Street, Glasgow. Deck Officers. Commander Alfred Houghton, R.X.R., 23, Catherine Street, Liverpool. T. W. Moore, Esq., F.R.G.S., Imperial Merchant Service Guild, Lord Street, Liverpool. Marine Engineers. William Leo Marshall, Esq., General Secretary, Marine Engineers' Association, 15, East India Dock Road, E. James Denny, Es^., Messrs. Denny and Co., Engineers, and Messrs. W. Dennv and Bros., Shipbuilders, Dumbarton, N.B. Seamen. Peter Wright, Esq., Hillcrest, Gills Road, Newport, Mon. T. Lewis, Esq., President of British Seafarers' Union, Southampton. Seamen and Fh;i mi .\ . J. Havelock Wilson, Esq., Maritime Hall, W T est India Docks Road, E. 394 Constitution of Admiralty Transport Arbitration Board. Ships' Stewards, etc. Joseph Colter, Esq., 22, Canning Place, Liverpool. The procedure set out in the following rules is to be followed so far as may be practicable in the circumstances of each case : — RULES. 1. All claims whatsoever arising out of or in respect of the requisitioning of any British ship or vessel under His Majesty's Proclamation of the 3rd day of August, 1914(a), shall be made out in full detail and left in triplicate with or sent to the Secre- tary of the Admiralty, Whitehall, S.W., so soon as may be and in no case later than within one month from the taking up of the ship or vessel for His Majesty's service. 2. The claim shall be accompanied with all necessary vouchers and supporting documents and such explanatory statement as may be required to make clear the nature of the claim and the grounds thereof. 3. Each claim shall be considered by the Admiralty, who shall negiotiate with the claimant with a view to the adjustment and settlement thereof by agreement. 4. If the Admiralty and the claimant fail to arrive at an agree- ment within a reasonable time, to be determined in each case by the President of the Board of Arbitration, the Admiralty shall report the matter with the necessary papers to the President, who shall refer the claim to two Arbitrators selected by him from the panels of Arbitrators for consideration and report. The Arbi- trators so selected shall have regard to any directions or instruc- tions they may receive from the President; they may call for such further papers, evidence and particulars as they may require, and — if they think fit — may call upon the Admiralty and the claimant either to argue the matter before them or to submit written arguments on any points. 5. The joint award of such Arbitrators shall be final. If they are unable to agree, the matter shall be referred to the President of the Board of Arbitration as Umpire, who may require such further papers, evidence, particulars or argument as he may deem uecessary. The award of the President shall be final. 6. The President may direct that any claim coming before the Board may be heard and disposed of by a Tribunal consisting of the President or Vice-President sitting with two Arbitrators selected by the President from the Panel, and that the award of any two members of such Tribunal shall be final and conclusive and shal] not be subject to appeal or review. 7. The President may, from time to time, vary or supersede the existing Pules for regulating the procedure of the Board, or (a) Printed at p. 38G, above. ( (institution of Admiralty Transport Arbitration Board. 395 of tin Arbitrators Dominated by bim i<> such extent as be may consider accessary or desirable, and may also make additional rules ol procedure. 8. The Presidenl may, from time to time, authorise the mem- bers oi the Pane] as a body, or any of them, and whether with oi without the inclusion of himself or of the Vice-President, to ad as a Board for the consideration of questions of general applica- bility 3Uch as the approximate monthly rate of hire for vessels of different classes and similar matters. Arbitrators Dominated 1>.\ the Pi evident in particular cases may have regard to, and con- sider, hut shall not he bound by, the conclusions of any Hoard 80 constituted upon the questions submitted to such Board, and the fad that any Arbitrator appointed by the President in a par- ticular case has been a member of any such Board, shall be no objection to his competency as an Arbitrator in such particular case. The President may authorise any person or persons who, in his opinion, will efficiently and sufficiently represent the interests of parties concerned in any such question of general applicability submitted to any such Board, to appear before the Board and represent such interests accordingly. ( J. The Arbitrators, or, in the event of their disagreement, the President, or Vice-President, may make interim awards as regards any of the questions submitted to them. 10. It shall be competent for the Arbitrators, adjudicating upon any claim, to receive as evidence any information, statements or testimony which may appear to them likely to be of assistance notwithstanding that the same may not be evidence according to law. 11. Any matter or question of procedure not disposed of by these rules or any question arising thereon shall be determined by the President of the Board of Arbitration as in his discretion he shall think fit to direct. 12. The Vice-President of the Board of Arbitration may by direction of the President act in any matter hereunder for the President, and he may also act as President should the President for any reason at any time be unable to act. Any direction or decision of the Vice-President when so acting for or as the Presi- dent -hall be as effectual as though made or given by the Presidenl . Admiralty. Whitehall, S.W., :51st August, 1914. 396 Treasury Minute of August 20th as to Vote of Credit. VOTE OF CREDIT. Treasury Minute of the 20th August, 1914, relating to the Vote of Credit. 1. My Lords take into consideration the arrangements to be made for apportioning and accounting for the Vote of Credit for £100,000,000 granted by the House of Commons on the 6th instant, in the following terms, viz. : — " That a sum not exceeding £'100,000,000 be granted to His Majesty beyond the ordinary grants of Parliament towards defraying the expenses which may be incurred during the year ending 31st March, 1915, for all measures which may be taken for the security of the country ; for the conduct of Naval and Military operations ; for assisting the food supply; for promoting the continuance of trade, industry, business, and communications, whether by means of insurance or indemnity against risk or otherwise ; for relief of distress; and generally for all expenses arising out of the existence of a state of war." 2. The financial procedure to be adopted in the case of votes for special emergencies of the kind now in question has from time to time engaged the attention of the Public Accounts Com- mittee and of this Board, and the Committee have expressed the view that in order to secure to the Treasury and to Parliament the greatest amount of information and control with respect to the expenditure which has to be met procedure should be by way of Supjdementary Estimate rather than by a Vote of Credit. ■j. in this view the Board of Treasury has generally concurred; it undertook, as long ago as 1880, that "wherever practicable . a war not provided for in " ordinary estimates should be provided for by means of Supplementary Estimates for the Army or Navy, as the case may be, and not by a Vote of Credit," and this procedure was adopted in the case of the South African AVar. 4. On the present occasion Their Lordships were confronted with an emergency which must necessarily involve special expen- diture (not only under the heads of Army and Navy, but in civil departments also) the amount and scope of which are as yet incapable of estimate or definition. In these circumstances they have found themselves obliged to resort to the precedent, last adopted in 1885, of a Vote of Credit, and this Vote has necessarily been drawn in the widest terms. 5. For the guidance of the various departments now concerned Tlieir Lordships think it desirable, first to set out the principles which, after careful consideration, have from time to time been formulated by the Public Accounts Committee for dealing with Votes of Credit, and then to specify how far these principles may be applied to the existing situation. Treasury Mi nut, of Avr/ust 20th as to Vote of Credit. 7i&l 6. The nature of u Vote of Credit is thua described in the Treasury Minute of 1st February, 1880: — "... a Vote of Credit differs from (e.g.) ordinary Army and Navy Votes, inasmuch ;^ it is taken not by the Army and Navy Department but by the Treasury. " The House of Commons, in fact, dispenses for the time with its power of control, and grants a sum of money in gross, and without the usual limitation-, to the Treasury as being- the Central Department of Finance, to which it leaves the responsibility of distributing- the money in the manner best calculated to meet the emergency. In discharge of this grave responsibility, it appears to my Lords thai they are called upon to require the Department about to 1 entrusted with the actual expenditure of any part of the Vote to submit to the Treasury, in the first instance, a general scheme of the expenditure which such Department proposes to incur. This general scheme is meant, whenever practiacble, to precede the Vote of Credit and to be presented to Parliament as a record of the grounds on which the Vote is asked: it stands, indeed, for the Estimate, more or less detailed, for an ordinary Vote in Supply. After the Vote of Credit has been granted it remains with the Treasury to deal with the issues from it; and my Lords are of opinion that such issues should be demanded by the Spending Department, in letters to the Treasury, explanatory of the proposed mode of spend inn- them. " These letters, together with the original scheme and with the Treasury replies, are meant to form a consecutive record of the total expenditure, and of the authority for it. The sanction thus given by the Treasury should be held to cover all expenditure of ordinary character. My Lords, however, agree with the Comptroller and Auditor-General that in every case where 'the expenditure is exceptional, either in its character or its amount,' the special authority of the Treasury ought to be obtained. ' In thus stating their views my Lords are aware that the procedure which they have sketched is descriptive of their intention rather of any uniform practice hitherto, but they have thought it desirable, since the question, has been brought before them, to place their opinion on record . . . . " 7. The following rules have also been laid down: — The accounts relating to the ordinary services of a year should be kept distinct from those relating to extraordinary services. However wide may be the terms of the Vote of Credit, the charge against it must not exceed the aggregate of the sums which the spending Departments can identify as directly occa- sioned by or for the event or object to meel which the Vote was taken. A Vote of Credit must not be considered as applicable to meet deficiencies on ordinary Votes; and the surpluses and deficits on ordinary grants must be clearly exhibited. A Vote of Credit is now so drawn as to be applicable only to a single financial vear. 3i>8 Treasury Minute of August '2i)tli as to Vote of Credit. So far as possible a Department should mark separate vouchers for expenditure as appertaining to a Vote of Credit. A Vute of Credit may be applied to meet a deficiency in Appro- priations in Aid arising out of the emergency for which the Vote was planted. As regards issues to the Paymaster-General the ordinary grant has always first to be exhausted before resort is had to an issue out of the Vote of Credit. On the conclusion of peace, expenditure should be terminated as promptly as possible. 8. My Lords now proceed to indicate how far these principles must be modified in view of the present situation. The emergency to meet which the Vote of Credit was granted on the 6th instant developed with such rapidity, and the scope of the expenditure for which it might call was and is still, as already stated, so incapable of definition, that it was quite impracticable for the Departments concerned to present to the Treasury, or for the Treasury to submit to Parliament in support (if the Vote, any general scheme of the expenditure proposed to be incurred. 9. But Their Lordships must now request public Departments to submit for their approval and for the information of Parlia- ment at the earliest practicable moment the best estimate they can frame of their probable requirements. 10. So far as Civil Departments are concerned, i.e., all Depart- ments other than the Admiralty and the War Office, my Lords recognise that it is impossible at the present moment to calculate the sums that may be required, e.g., for assisting the food supply, for promoting the continuance of trade, industry, and business, or for the relief of distress; nevertheless Their Lordships rely upon Departments to submit for their approval as soon as they are framed any schemes which involve expenditure for these purposes and to do their best to indicate their cost, either by estimates of the total expenditure involved or by calculations as to the probable outlay per week or month according to circum- stances. 11. In all such cases where schemes have been initiated and expenditure is being incurred it is essential that Their Lordships should be kept informed of any circumstances which may affect either the estimate of the aggregate expenditure or the rate at which it will be incurred, and they should be furnished with monthly statements of the total payments made in respect of Vote of Credit services. 12. — (a) As regards the form of accounts, little difficulty arises when services fall within the ambit of Part I. of the Parlia- mentary Estimate. The existing sub-heads should be preserved as far as possible — the expenditure from each under the ordinary Vote and the Vote of Credit being shown separately. In such instances the account for the Vote of Credit — which will be pre- pared in the Treasury — will merely show the amount issued to the Department concerned; and the Department will account for its original Vote as supplemented by the issue. Treasury Minute of August '20th as to Vote of Credit. :-5H9 (6) Where services are entirely outside 1 1 * ** ambit of any Parlia- mentary Estimate the Treasury will issue the necessary funds to tbe responsible officer or Department In way of impresi to be accounted for to the Treasury and will in due course annex to its account of the Vote of Credil a schedule, prepared by the officer or body to whom the imprests have been made, showing the detailed application of the expenditure. Any intermediate cases can be considered a- they arise. 13. Subject to these modifications the apportionment and accounting of the Vote of Credit will proceed in accordance with the principles recited in paragraphs and 7 of this minute and Their Lordships need not revert to them in detail. But They would emphasise the recommendation that depart- ments should at once begin to earmark special expenditure chargeable to the Vote of Credit as opposed to expenditure charge- able to ordinary grants. Vote of Credit orders and vouchers should be specially marked by stamping or otherwise; and it must always be borne in mind that the charge against the Vote of Credit must not exceed the aggregate of the sums which the spending Departments can identify as directly occasioned by or for the event or object to meet which the Vote was taken. . .14. With regard to the expenditure incurred by the Admiralty and the War Office, my Lords would have been glad if the same procedure could have been followed. They have, however, received representations from the Army Council in the War Office letter of the 14th instant (annexed to this Minute), which satisfy them that the procedure laid down in the past and pre- scribed above for Civil Departments is not applicable in the present emergency to military and naval expenditure. 15. As the Army Council state in that letter, it is no longei a question of a peace system continuing in operation in the Empire a- a whole, disturbed by a local war in some one part : but of the placing of all the military and naval resources of the country simultaneously on a war footing. Under these conditions, any attempt to record peace expenditure in detail against peace estimates must be largely futile/ IG. My Lords concur with the view which the Army Council and the Lords Commissioners of the Admiralty have taken as it gards expenditure incurred by the War ( Iffice and the Admiralty. These Departments exist for the purpose of the preparation and training for war, and when a war such as the present break- out. the conduct of which involves the entire naval and military roources of the State, practically the whole of their expenditure is ipso facto transformed into war expenditure. It would in Their Lordships' opinion be impossible to distinguish for account- ing purposes between the ordinary expenditure for such services as pay and the supply of fuel upon a peace basi> and the expendi- ture under these heads directly attributable to the war. 17. My Lords consider, therefore, that They will best dischargi the duty imposed upon them \>y the action of Parliament by regarding the whole of the ordinary grants for Army and Navy Votes as available for war expenditure equally with so much of 400 Tredsury Minute of August 20th as to Vote of Credit. the Vote of Credit as may be required for Army and Navy services, and by calling- on the two Departments to furnish Estimates of their expenditure in a form to be approved by Their Lordships, classified so far as may be possible according to the ordinary Votes, distinguishing non-recurrent expenditure from recurrent, and stating the probable weekly amount of the latter. Treasury sanction to such estimates would cover all ordinary expenditure included in them in the same way that Treasury sanction to the totals of the normal estimates for the Army or Navy covers all ordinary expenditure provided for in those estimates. 18. The whole of Army and Navy expenditure will be brought to account under the Votes and Subheads provided in the Parlia- mentary Estimates or such special Subheads as may be required, and the amount by which the expenditure exceeds the Supply Grants for the Army and Navy will be charged against the Vote of Credit. If savings arise on any Army and Navy Votes, my Lords will be prepared to authorise their application to meet excesses involved by war expenditure on other Army and Navy Votes in the same manner as such savings are ordinarily utilised. 19. It is of the greatest importance that Their Lordships should be kept informed by monthly returns of the total amount of the orders for payment which have, in fact, been issued by the Admiralty and the War Department, and they should also be advised of any circumstances which affect estimates previously sanctioned in respect of either aggregate liability or rate of expenditure. 20. All applications for issues from the Vote of Credit, whether by way of imprest, as in the cases contemplated in paragraph 12 (b) above, or, as in the case of the Army and Navy and in the circumstances indicated in paragraph 12 (a), to supplement the ordinary Parliamentary Grant, should be addressed direct to this Department. War Office Letter referred to in Paragraph 14. ^l/Finance^ (Accounts 1a). War Office, S.W., Sir, 14th August, 1914. I am commanded by the Army Council to acquaint you that they have been considering, in communication with the Admiralty, the method of accounting for expenditure defrayed from ordinary votes and from the Vote of Credit, during the present emergency. They are aware of the view taken in the past by the Public Accounts Committee and by the Treasury, as to the distinguishing of ordinary from special expenditure, when an additional grant is giveu by Parliament for expeditions or war preparations, to supplement the ordinary expenditure for current services, which continue to be carried out in accordance with the year's estimate; Army Council Letter of August 2X)th as to Military Expenditure. 401 but in seeking to give effect to this view in the present circum- stances, they are met by the fact thai the state of affairs is very different from that obtaining in the earlier instances in question. It is no Longer a question of a peace system continuing in operation in the Empire a> a whole, disturbed by a local war in some one part; bu1 of the placing of all the Military and Naval resources of the country simultaneously on a war footing. I ader these conditions, any attempt to record peace expenditure in detail against peace estimates must he largely futile. Thus, the extra war expenditure tor men, provisions, &c. will not admit of being actually earmarked in the accounts, and could only be arrived at by calculation both of numbers and of changes of rates owing to war conditions; and it does not appear that any such elaborate computations could arrive at more accuracy than the deduction of the original estimate (as representing the " peace" expenditure) from the total expenditure. In some eases even this method of approximation is not available. After full consideration they trust that Their Lordships will be prepared to agree that, while all Army expenditure shall be brought to account under the Sub-heads by which it is normally voted by Parliament or under such special Sub-heads as may be called for by the circumstances of the case no attempt shall be made in general to earmark particular items ;is "Normal" or " Vote of Credit." But where the expenditure under a particular Sub-head wholly or largely ceases in consequence of the change from peace to war, as in the cases (e.g.) of Army Reserve Pay (Vote 1 G.) or Half Pay of Officers (Vote 13 C), there will be surpluses on such Sub-heads, which will be brought out in the accounts in the usual way. As regards Building Works, also, the Council propose to proceed on somewhat similar lines, con- tin ing the existing Sub-heads (Vote 10 E. F. and G.) as far as possible to the Peace Programme, and opening new Sub-heads for expenditure necessitated by the war. In preparing the Parliamentary Accounts for the year, there would be charged against the Vote of Credit and recorded in the Army Appropriation Account as "War Expenditure, all expendi- ture in excess of the original estimate on all Sub-heads other than those of the classes above indicated, so that the Appropriation Account of the normal Votes (after transfer to balance excesses has been made from the Vote of Credit) would show as a surplus the accumulated surpluses under the Sub-heads indicated. 'I'he Army Council understand that the Lords Commissioners of the Admiralty concur in the above views, and they will he glad to receive early sanction to put them into effect, and so prevent a large amount of unnecessary clerical labour at a time when the Accounting Staff of both departments is strained to the utmost. I am, Sir, Your obedient Servant. (Signed) B. B. CTBITT. 5750 2C 402 Wireless Telegraphy. WIRELESS TELEGRAPHY. Notice, dated August 1, 1914, that ax Emergency has arisen IX WHICH IT IS EXPEDIEXT THAT HlS MAJESTY'S GoVERXMEXT should have coxtrol over the Transmission of Messages BY, AXD THE USE OF, WlRELESS TELEGRArHY.(a) General Post Office. In pursuance of Regulation 5 of the Wireless Telegraphy (Foreign Ships) Regulations, 1908, (b) I, the Right Honourable Charles Edward Henry Hobhouse, His Majesty's Postmaster- General, do hereby give notice that in the opinion of the Right Honourable Reginald McKenna, one of His Majesty's Principal Secretaries of State, an emergency has arisen in which it is expedient for the public service that His Majesty's Government should have control over the transmission of messages by wireless telegraphy, and that the use of wireless telegraphy on board foreign ships whilst in the territorial waters of the British Isles will be subject to such rules as may be made by the Admiralty. (c) Dated this First day of August, 1914. Admiralty Regulations for the Prohibitiox of the use of Wireless Telegrafhy by Merchaxt Vessels ix the terri- torial WATERS OF THE TJxiTED KINGDOM AXD CHANNEL Islands. 1. The use of wireless telegraphy is prohibited in the harbours and territorial waters of the United Kingdom and Channel Islands. 2. On entering any port or harbour, or on directions being given to that effect by any Naval, Military, Examination Service, Customs or Police Officer, the aerial wire or antenna is to be at once lowered, disconnected from its halliards and from the operating room, and is not to be rehoisted while the ship remains in British territorial waters. 3. Any breach of these regulations renders the masters of offending ships liable to penalties, and to the confiscation of the wireless apparatus of their ships. (a) This Notice was published in the "London Gazette" of August 4th, 1914. fb) The Regulations (1908-4915) made by the Postmaster-General, June 20th 1908. under the Wireless Telegraphy Act, 1904 (4 Edw. 7, c. 24), are printed in Statutory Rules and Orders, 1908, pp. 961-9G3. (c) See Admiralty Rules printed below. List of Goods Prohibited to be Exported from United Kingdom. 403 AP PENDIX ES. [A list of these Appendixes is given at p. ii., and attention is also directed to the Prefatory Note at p. Hi. which describes their character and object.] Appendix A. PROHIBITIONS AND RESTRICTIONS ON THE EXPORTATION OF GOODS. I. List of goods prohibited to be exported from the United Kingdom by Proclamations of 3rd, 5th, 10th and 20th August, 19 14, (a) as modified by Orders of Council of 28th August, 1st, 8th, 11th and 25th September, 1914, (b; and lastly by Order of Council, of October 6th, 1914(c) : — Acetanilide. Acetone. Acetyl salicylic acid (aspirin) and salicin. Aconite and its preparations and alkaloids. Adrenin. Adrenalin and its preparations. Aeroplanes airships, balloons, of all kinds and their compo- nent parts. Alcohols, ethylic. Alcohols, methylic. Alkaline, iodides. A mnionium Sulpliocyanide. Animals, pack, saddle, and draught, suitable for use in war.(d) Antipyrine (phenazone). Arms, rifled of all kinds, and their component parts. Balsam of Peru. Belladonna and its preparations and alkaloids. Benzoic acid (synthetic) and benzoates. Benzol. Bismuth and its salts. Blankets, coloured, exceeding 3i lbs. in 'weight, known as " woollen " blankets. Bromine and alkaline bromides. Cantharides and its preparations. Carbolic acid. Carbons required for search lights. Cartridges, charges of all kinds, and their component parts, other than sporting cartridges, charges, and their component parts. Chloral and its preparations, including chloramid. (a) These Proclamations are printed at pp. 100-170 above. (b) These Orders of Council are printed at pp. 170— 1 7* > above. (c) This Order of Council is printed in the Supplement at the end of the Manual. (d) This prohibition was extended to the carriage coastwise of all such animals between ports of the United Kingdom bv Order of Council of September 25th, 1914, printed at p. 175 above. 5750 2 C 2 404 List of Goods Prohibited to be Exported from United Kingdom. Chloroform. Chrome and ferro-chrome. Ckrysarobiii. Cinchona hark, quinine and its salts. Citrate of magnesia. Citric acid, alkaline citrates and calcium citrate. Cloth, hempen. Coal sacks. Coal tar products for use in dye manufacture, except aniline oil and aniline salt. Coca and its preparations and alkaloids. Collodion. Copper, ore or unwronght, all kinds. Corrosive sublimate. Cotton waste of all descriptions. Cresol and all preparations thereof (including cresylic acid) and nitio-cresol. Diethylbarbituric acid (veronal) and veronal sodium. Dimethylaniline. Dulcite. Dyes and dyestuffs obtained from coal tar. Emetin hvdrochlor. Ether. Ethyl chloride. Ergot of rye and its preparations and alkaloids. Eucaine hydrochlor. Field glasses and telescopes. Forage and food of all kinds for animals. Formic aldehyde. Fulminate of mercury. Gentian and its preparations. Glycerine, crude and refined. Guncotton. Gunpowder. Harness and saddlery which can be used for military purposes. Hemp cordage and twine, not including cordage or twine of manila hemp or reaper or binder twine. Henbane and its preparations. Hexamethylene tetramin (urotropin) and its preparations. Hides of all kinds, dry or wet. Hydrobromic acid. Hydroquinone. Iodine and its preparations. Khaki serge. Lead, pig, sheet or pipe. Leather, undressed or dressed, suitable for saddlery, harness, or military boots. Lysol. Mannite. Mercury and its salts and preparations. Morphia and other alkaloids of opium. Neo-salvarsan. Nets, torpedo. Nickel and ferro-nickel. Nitrate of sodium. List of Goods Prohibited to be Exported from United Kingdom. 4&5 Nitro-toluol. Novocain. Nux Vomica and its alkaloids and preparations. Oil, blast furnace. Oil, <<>al tar. ( )il, fuel, shale. Oil, mineral lubricating. Oil of turpentine. Oil, olive. Opium and its preparations. Paraffin, Liquid, medicinal. Paraffin, soft. Paraldehyde. Pastilles, jujubes, lozenges and cachous generally contaiumg prohibited ingredients. " Peptone Witte." Peroxide of manganese. Petroleum, fuel oil. • Petroleum, gas oil. ...,,. CM „ • -, Petroleum, spirit or motor spirit (including bnelJ spirit). Phenacetin. Pig-skins, raw or dressed. Pilocarpine salts. Potassium and its salts and preparations (including bichro- mate and prussiate of potash). Projectiles of all kinds and their component parts. Protogol. . . Provisions and victuals which may be used as food tor men. viz. : — (a) Animals, living, for food. (a) Barley and oats. ' (a) Butter. (a) Cheese, (a) Eggs. (a) Margarine. Molasses and invert sugar, and all sugar and extracts from sugar which cannot be completely tested by the polariscope. Sugar, refined and candy. Sugar, unrefined, (a) Wheat and wheat flour. Pyrogallic acid. Saccharin (including " saxin "). Salicylic acid and salicylates. Saltpetre. Salvarsan. Santonin and its preparations. Sheep and lambs' wool, raw. Silk cloth, silk braid, silk thread, suitable for cartridges. Silk noils. Sulphonal. (tL) This prohibition was withdrawn by Order of Council of August 28th. P.U4 (prime,! at ,,. 170 above), in respect of His Majesty's Dominions. Colonies not possessing responsible government. British India, Territories under His Majesty's Protection, Cyprus, the Channel Islands, and Egypt. 406 List of Goods Prohibited to be Exported from United Kingdom. Sulphate of zinc. Surgical bandages and dressings. Tartaric acid and alkaline tartrates. Thvmol and its preparations. Toluol. Trional. Tungsten. Wolfram ore. Zinc. II. List of goods prohibited for Exportation to all Foreign Ports in Europe and on the Mediterranean and Black Sea, with the exception of those of Belgium, France, Eussia (except the Baltic Ports), Spain and Portugal by Proclamation of August 5th and 20th (a) as modified by Orders of Council of September 8th and 25th, 1914(b), and of* October 6th, 1914(c): — Accoutrements. Aluminium alloys : aluminium. Armour plates, armour quality castings, and similar pro- tective material. Asbestos. Bags and sacks of all kinds (not including paper bags). Barbed wire. Bladders, casings and sausage skins. Cables, telegraph and telephone. Camp equipment, articles of. Cannon and other ordnance, and parts thereof. Carriages and mountings for cannon and other ordnance and for machine guns and parts thereof. Castor oil. Compasses, and parts thereof, including fittings, such as binnacles. Engine and boiler packings . Explosives of all kinds. Farriers', carpenters', wheelers', and saddlers' tools. Flaxen canvas, namely: — Royal Navy canvas ; Merchant Navy canvas ; Kitbag canvas; Hammock canvas. Graphite. Heliographs. Horse and pony shoes. Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms or of war material for use on land and sea. India-rubber sheet, vulcanized. Iron ore. Jute, raw. Linen duck cloth. (a) These Proclamations are printed at pp. 162, 168 above. (b) These Orders of Council are printed at pp. 172, 175 above. (c) This Order of Council is printed in the Supplement at the end of this Volume. List of Goods Prohibited to be Exported from United Kingdom. Linen close canvas. Manganese, including ferro-manganeee. Material for telegraphs, wireless telegraphs and telephones. Men's man-liing and shooting boots. M ica. M ineral jellies. Mines and parts thereof Molybdenum. Nitrates of ammonium. Nitrates of potassium. Nitric acid. Picric acid and its components. lWtahle forges. Railway material, both fixed and rolling stock. Range finders and parts thereof. Rope, steel wire, and hawsers. Rubber, raw. Shipbuilding materials, namely — Boiler tubes ; Condenser tubes ; Iron and steel castings and forgmgs for hulls and ma- chinery of ships; Iron and steel plates and sectional material tor snip- building ; Marine engines and parts thereof; Ships' auxiliary machinery ; Sounding machines and gear. _ Steam vessels, lighters, and barges of all descriptions. Sulphur. Sulphuric acid. . , Swords, bayonets and other arms (not being fire-arms) and parts thereof. Torpedo tubes. Torpedoes and parts thereof. Uniform clothing and military equipment. Vanadium. Wagons and carts — . Four-wheeled wagons, capable of carrying 1 ton and over. Two-wheeled carts, capable of carrying 15 cwts. and over. Walnut wood of scantling which could be made into rifle butts and fore-ends. III. List of Contraband Goods. The following articles are declared by the Proclamation of \u<-nst 4th('a) to be absolute contraband and must not be exported if destined to territory belonging to or occupied by the enemy or to the fleets or armies of the enemy : — 1. Arms of all kinds, including arms for sporting purposes, and their distinctive component parts. # 2. Projectiles, charges, and cartridges of all kinds, and their distinctive component parts. 3 Powder and explosives specially prepared for use m war. 4. Gun mountings, limber boxes, limbers, military waggons. field forges, and their distinctive component parts. (a) Printed at p. 108 above. 407 408 List of (roods Prohibited to be Exported from United Kingdom. 5. Clothing' and equipment of a distinctively military character. 6. All kinds of harness of a distinctively military character. 7. Saddle, draught, and pack animals suitable for use in war. 8. Articles of camp equipment, and their distinctive com- ponent parts. 9. Armour plates. 10. Warships, including boats, and their distinctive com- ponent parts of such a nature that they can only be used on a vessel of war. 11. Aeroplanes, airships, balloons, and aircraft of all kinds, and their component parts, together with accessories and articles recognisable as intended for use in con- nection with balloons and aircraft. 12. Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material for use on land and sea. The following articles are declared by the Proclamations of August 4th(a) and September 21st(b) to be conditional contra- band, and must not be exported if destined for the use of the fleets or armies of the enemy or of a Government department of the enemv State: — 1. Food-stuffs. 2. Forage and grain, suitable for feeding animals. 3. Clothing, fabrics for clothing, and boots and shoes, suit- able for use in war. 4. Gold and silver in coin or bullion ; paper money. 5. Vehicles of all kinds available for use in war, and their component parts. 6. Vessels, craft and boats of all kinds; floating docks, parts of docks, and their component parts. 7. Railway material, both fixed and rolling stock, and materials for telegraphs, wireless telegraphs, and telephones. 8. Fuel : Lubricants. 9. Powder and explosives not specially prepared for use in war. 10. Barbed wire, and implements for fixing and cutting the same. 11. Horse-shoes and shoeing materials. 12. Harness and saddlery. 13. Field-glasses, telescopes, chronometers, and all kinds of nautical instruments. 14. Copper, unwrought. 15. Lead, pig, sheet, or pipe. 16. Glycerine. 17. Ferrochrome. 18. Heematite Iron Ore. 19. Magnetic Iron Ore. 20. Rubber. 21. Hides and Skins, raw or rough tanned (but not including dressed leather). (a) Printed at p. 108 above. (b) Printed at p. Ill above. The Defence of the Realm Acts Consolidated. 4 (,i) Appendix B. I. THE DEFENCE OF THE REALM ACT. [Note.— This is a Consolidation of Section 1 of "The Defence of the Realm Act, 1914 " (4 & 5 Geo. f». c. 29) (printed in full at p. L3 above), as amended by "The Defence of the Realm (No. 2) Act, 1914" (4 ft 5 Geo. 5. c. 63) (printed in full at pp. 22, 23 above), comprising the whole of these Actfi except the short title sections.] 1. Eis Majesty in Council has power during the continuance Power to of the preseni war to issue regulations as to the powers and make regnla- duties of the Admiralty and Army Council, and of the members tions. of His Majesty's forces, and oilier persons acting in Eis behalf, i'oi securing the public safety and the defence of the realm; and may, by such regulations, authorise the trial by courts martial and punishment of persons contravening any of the provisions oi «meli regulations designed — (a) to prevent persons communicating with the enemy or obtaining information for thai purpose or any pur- pose calculated to jeopardise the success of the opera- tions of any of His Majesty's forces oi to assisl the enemy or to prevent the spread of reports likely to cause disaffection or alarm: or (b) to secure the satdy of any means of communication. or of railways, docks or harbours or of any area which may be proclaimed by the Admiralty or Army Council to be an area which it is necessary to safeguard in the interests of the training or concentration of any of His Majesty's forces; in like manner as if such persons were subject to military law and had on active service committed an offence under section five of the Army Act and may by such regulations also provide for the suspension of any restrictions on the acquisition or user of land, or the exercise of the power of making byelaws, or any other power under the Defence Acts, 1842 to 1875, or the Military Lands Acts, 1891 to 1903. II. THE DEFENCE OF THE REALM REGULATIONS. [\,,te. — This is a Consolidation of the '' Defence of the Realm Regulations, 1914" (printed in full at pp. 14(5-151 above under the heading " DEFENCE OE THE Realm "), as amended by the "Defence of the Realm (No. 2) Regulations, l'.H 1" (printed in full at pp. 151-154 above), and by Regulations of September 17th, 1914 (printed at pp. 154, 155 above).] Part I. « (icncral Regulations. 1. The ordinary avocations of life and the enjoyment of pro- perty will be interfered with as little as may be permitted by the exigencies of the measures required to be taken for securing tie- public safety and the defence of the Realm, and ordinary civil 410 The Defence of the Realm Regulations Consolidated offences will be dealt with by the civil tribunals in the ordinary course of law. The Admiralty and Army Council, and members of the Naval and Military Forces, and other persons executing- the following- Eegulations shall, in carrying those Regulations into effect, observe these general principles. 2. It shall be lawful for the competent naval or military authority and any person duly authorised by him, where for the purpose of securing the public safety or the defence of the Realm it is necessary so to do — (a) to take possession of any land and to construct military works, including roads, thereon, and to remove any trees, hedges, and fences therefrom ; (b) to take possession of any buildings or other property, including works for the supply of gas, electricity, or water, and of any sources of water supply; (c) to take such steps as may be necessary for placing any buildings or structures in a state of defence ; (d) to cause any buildings or structures to be destroyed, or any property to be moved from one place to another, or to be destroyed ; (e) to do any other act involving interference with private rights of property which is necessary for the purpose aforesaid. 3. The competent naval or military authority and any person duly authorised by him shall have right of access to any land or buildings, or other property whatsoever. 3A(a). The competent naval or military authority may by order authorise the use of land within such limits as may be specified in the order for the training of any part of His Majesty's naval or military forces; and may by such order confer such rights of user of the land, and provide for such temporary suspension of rights of way over roads and footpaths, as are conferred and exercisable with respect to authorised land roads and footpaths under the Military Manoeuvres Acts, 1897 and 1911, and the com- petent naval or military authority shall have all the powers exer- cisable by the Military Manoeuvres Commission under those Acts. 3b(»). The restriction on the power to make byelaws under the Military Lands Acts, 1892 to 1903, imposed by the following provisions of the Military Lands Act, 1892, that is to say, the proviso to subsection (1) of section fourteen, section sixteen, and subsection (1) of section seventeen of that Act, and by the following provisions of the Military Lands Act, 1900, that is to say, the provisoes to sub-section (2) of section two and sub-section (3) of section two of that Act, are hereby suspended, and the powers of the Admiralty and the Secretary of State to make byelaws under the said Acts shall extend to the making of byelaws with respect to land of which possession has been taken under these Regulations. 3c(a). The competent naval or military authority may if he considers it necessary so to do for the purposes of any work of defence or other defended military work, or of any work (a) Regulations 3a to 3c were added by Article 1 of Regulations (No. 2). The Defence of the Realm Regulations Consolidated,. 411 for which it is deemed necessary in the intereste "I public safety or the defence of the Realm to afford military protection, stop up or divert any road or pathway over or adjoining the land on which such work is situate: Provided that where any such road or pathway i> BO -tupped up or diverted the competent naval or military authority -hall publish notice thereof in such manner as he may consider besl adapted for informing the public, and where any road or path- way is stopped up by means of any physical obstruction he shall cause lights sufficieni for the warning of passengers to be set up every night whilst (he road or pathway is so stopped up. 4. The competent naval or military authority may by order require all vehicles, boats, and vessels, and all forms of equip- ment and warlike stores, within any area specified in the order to be removed from that area within such time as may be so specified, or in the case of military stores incapable of removal to be destroyed, and if the owners thereof fail to comply with the requisition, the competent naval or military authority may himself cause them to be removed or in the case of military stores destroyed. 5. Where the competent naval or military authority so orders, all persons residing or owning' or occupying land, houses, or other premises within such area as may be specified in the order, shall furnish within such time as may be so specified, a list of all or any animals, vehicles, boats, vessels, and warlike stores which may be in their possession or custody within the specified area, stating their nature and quantity, and the place in which they are severally situated, and giving any other details that may reasonably be required. 6. The competent naval or military authority may by order require the inhabitants to leave any area (specified in the order) within or in the neighbourhood of a defended harbour(a) or pro- claimed area if the removal of persons from that area is necessary for naval or military reasons. 7. The competent naval or military authority may by order require all premises licensed for the sale of intoxicating liquor within or in the neighbourhood of any defended harbour(a) or proclaimed area to be closed except during such hours as may be specified in the order. 7A(b). The Secretary of State may by order direct that all or any lights, or lights of any class or description, shall be extin- guished, or obscured in such manner and between such hours as the order directs, within any area specified in the order(c) and during such period as may be so specified, and if the person having control of the light fails to comply with the order, the Secretary of State may cause the light to be extinguished or obscured as the case may be, and for that purpose any person (a) The words " or proclaimed area" were inserted in Regulations G and 7 by Article 8 of the No. 'I Regulations. '(b) Regulation 7a was added by Article 2 of the September 17th Regulations. (c) The Order made by the Secretary of State October 5th, li»l I. under this power is printed at pp. 157, 158 above under the heading " Defence OF THE Realm ". 412 The Defence of the Realm Regulations Consolidated. authorised by the Secretary of State in that behalf or any police constable may enter the premises in which the light is displayed, and do any other act which maj- be necessary for the purposes. 8. Xo person shall obstruct or otherwise interfere with or impede, or withhold any information in his possession, which he may reasonably be required to furnish, from any officer or other person who is carrying' out the orders of the competent naval or military authority, or who is otherwise acting- in accordance with his duly under these regulations. 9. Xo person shall trespass on any railway, or loiter under or near any bridge, viaduct, or culvert, over which a railway passes. 10. If any person knows that any other person has without law- ful authority in his possession or custody, or under his control, any firearms or ammunition (other than shot guns and ammunition for them), dynamite, or other explosives, it shall be his duty to inform the competent naval or military authority of the fact. 11. The competent naval or military authority shall publish notice of any order made by him in pursuance of these regulations in such manner as he may consider best adapted for informing persons affected by the order, and no person shall without lawful authority deface or otherwise tamper with any notice posted up in pursuance of these Regulations. 12. If the competent naval or military authority has reason to suspect that any house, building, land, ship, vessel, or other premises are being used for any purpose or in any way prejudicial to the public safety or the defence of the Realm, the authority, or any person duly authorised by him, may enter, if need be by force, the house, building, land, ship, vessel, or premises at any time of the day or night, and examine, search, and inspect the same or any part thereof, and may seize anything found therein which he has reason to suspect is being used or intended to be used for any such purpose as aforesaid. 12A(a). Any police officer or any person authorised for the pur- pose by the competent naval or military authority may stop any vehicle travelling along any public highway, and, if he has reason to suspect that the vehicle is being used for any purpose or in any way prejudicial to the public safety or the defence of the Realm, may search the vehicle and seize anything found therein which he has reason to suspect is being used or intended to be used for any such purpose as aforesaid. 12a(1>). Xo person shall bring into the United Kingdom any military arms or ammunition without the permit of the com- petent naval or military authority, and any person authorised for the purpose by the competent naval or military authority, and any police constable or officer of customs, may examine, search and investigate any ship for the purpose of the enforce- ment of this provision, and may seize any military arms or ammunition which are being or have been brought into the United Kingdom without such permit as aforesaid. (a) Regulation 12a was added by Article 2 of the No. 2 Regulations. (b) This Regulation, which like the previous one is numhered 12a, was added by the Regulations of September 17th, 11)14. The Defence of the Realm Regulations Consolidated. 413 L3. Any person authorised tor tin- purpose l>y the competent naval or military authority, and any police constable or officer of customs(a), may arrest without warrant any person whose be- haviour is of such a nature as to give reasonable grounds for suspecting that be has acted or is acting or is about to ad in a manner prejudice to the public safety or the Bafety oi the Realm, or upon whom maj be found any article, book. Letter, or other (locum. uit , t he possession of which gives grounds for Buch a sus- picion, or who is suspected oi baving committed an offence againsl these Regulations. Any person so arrested shall, if he is to be tried by court- martial, be handed over to or kept in military custody, and in other cases shall be detained until ho can be dealt with in the ordinary course of law, and whilst so detained shall be deemed to be in legal custody. No person shall assist or connive at the escape of any person who may be in custody under this Regulation, or knowingly har- bour or assist any person who has escaped. Part [I. I'djuhii ions specially designed to prevent persons communicating with the enemy and obtaining information for disloyal /air- poses, and to secure the safety of means of communication and of railways, docks, and harbours. 14. Xo person shall without lawful authority publish or commu- nicate any information with respect to the movement or disposi- tion of any of the forces, ships, or war materials of His Majesty or any of His Majesty's allies, or with respect to the plans of any naval or military operations by any such forces or ships, or with resped to any works or measures undertaken for or connected with the fortification or defence of any place, if the information is such as is calculated to be or might be directly or indirectly useful to the enemy. 15. "No person shall without the permission of the competent naval or military authority make any photograph, sketch, plan, model, or other representation of any naval or military work, or of any dock or harbour work in or in connection with a defended harbour, and no person in the vicinity of any such work shall with- out lawful authority have in his possession any photographic or other apparatus or other material or thing suitable for use in making any such representation. For the purpose of this Regulation the expression ' harbour work " includes lights, buoys, beacons, marks, and other things for the purpose of facilitating navigation in or into a harbour. 16. No person without lawful authority Bhall injure, or tamper or interfere with, any wire or other apparatus for transmitting' telegraphic or tele-phonic messages, or any apparatus or con- trivance intended for or capable of being used for a signalling apparatus, either visual or otherwise, or prevent or obstruct or in (a) The first words of Regulation 13 are printed as amended by the Regulations of September 17th. 414 The Defence of the Realm Regulations Consolidated. any manner whatsoever interfere with the sending 1 , conveyance or delivery of any communication by means of telegraph, telephone, or otherwise, or shall be in possession of any apparatus capable of being used for tapping- messages sent by wireless telegraphy or otherwise. And no person shall in any area which may be prescribed by order of a Secretary of State(a) keep or have in his possession any carrier or homing pigeons, unless he has obtained from the chief officer of police of the district a permit for the purpose (which permit may at any time be revoked), and the chief officer of police may, if he considers it necessary or expedient to do so, cause any pigeons kept in contravention of this regulation to be liberated. (b) No person shall without such permission as aforesaid bring any carrier or homing pigeon into the United Kingdom, and any police constable or officer of customs may cause any such pigeon brought into the United Kingdom in contravention of this Regula- tion to be immediately returned in the ship in which it came, or be liberated. 17. No person shall with the intent of eliciting information for the purpose of communicating it to the enemy or for any purpose calculated to assist the enemy, give or sell to a member of any of His Majesty's forces any intoxicating liquor; and no person shall give or sell to a member of any of His Majesty's forces employed in the defence of any railway, dock, or harbour(c), or proclaimed area any intoxicating liquor when not on duty, with intent to make him drunk, or when on sentry or other duty, either with or without any such intent. 18. No person shall do any injury to any railway, or be upon any railway, or under or near any bridge, viaduct, or culvert over which a railway passes with intent to do injury thereto. 19. No person shall by the discharge of firearms or otherwise endanger the safety of any member of any of His Majesty's Forces travelling on or guarding any railway. 20. No person, without the permission of the competent naval or military authority, shall in the vicinity of any railway or of any dock or harbour(d) or proclaimed area be in possession of dynamite or any other explosive substance, but nothing in this Regulation shall be construed as affecting the possession of ammunition for sporting purposes. 21(e). No person shall by word of mouth or in writing spread reports likely to cause disaffection or alarm among any of His Majesty's forces or among the civilian population. (a) The Order of the Secretary of State of September 21st, 1914, which pre- scribed the whole of the United Kingdom as the area, is printed at p. 157 above under the heading " Defence of the Realm." (b) The last paragraph of this Regulation was added by Article 4 of the Regulations of September 17th. (c) The words "or proclaimed area" were inserted in Regulation 17 by Article 8 of the No. 2 Regulations. (d) The words " or proclaimed area " were inserted in Regulations 20, 22, 23, and 24, by Article 8 of the No. 2 Regulations. (e) Regulation 21 as here printed was substituted for Regulation 21 of the first Regulations by Article 4 of the No. 2 Regulations. The Defence of the Realm Regulations Consolidated. 415 22. No person shall, if an older to thai effect has been made by the competent naval or military authority, lighi any fire or show any lighi on anj bill within such radius from any defended barbour(») or proclaimed area as may be specified in the order. 23. The competeni naval or military authority at any defended harbour(a) or proclaimed area may by order direcl thai all lights, other than lights not visible from the outside of any bouse, -hall be kept extinguished between such hours and within such area as may be specified in the order; and all persons resident within that area shall comply with the order. 24. The competent naval or military authority at any defended harbour(a) or proclaimed area may by order require every person within any area specified in the order to remain within doors between such hours as may be specified in the order, and in such case no person shall be or remain out between such hours unless provided with a permit in writing from the competent naval or military authority or some person duly authorised by him. 24.\(b). Where the behaviour of any person is such as to give reasonable grounds for suspecting that he has acted, or is acting, or is about to act in a maimer prejudicial to the public safety or the safety of the Realm, the competent naval or military authority may, by order, direct him to cease to reside in any area (specified in the order) within or in the neighbourhood of a defended harbour or proclaimed area, and any person to whom the order relates shall, within such time as may be specified in the order, leave the area specified in the order, having first reported his proposed residence to the competent naval or mili- tary authority, and shall not again reside in that area without a permit for the purpose from that authority. 25. If any person with the object of obtaining any information for the purpose of communicating it to the enemy or of assisting' the enemy, or with intent to do any injury to any means of communication or to any railway, dock or harbour, forges, alters or tampers with any pass, permit or other document, or uses or has in his possession any such forged, altered or irregular pass, permit, or document with the like object or intent, or with the like object or intent, personates any person to whom a pass, permit, or other document has been duly issued, he shall be guilty of a contravention of these Regu- lations and may be tried and punished accordingly: and where in any proceedings against a person for contravention of this Regulation it is proved that he has forged, altered, or tampered with the pass, permit, or other document in question, or has used or had in his possession the forged, altered, or irregular pass, permit, or document in question, or has personated the person to whom the pass, permit, or document was duly issued, he shall be presumed to have forged, altered, or tampered with it, or to have used or had it in his possession, or to hove personated such person as aforesaid, with such object or intent as aforesaid unless he proves the contrary. (a) The words " or proclaimed area" were inserted in Regulations 20, 22, 23 ami _'4. by Article 8 of the No. 2 Regulations. (b) Regulation 24a was added by Artiole No. 5 of the No. 2 Regulations. 416 The Defence of the Realm Regulations Consolidated. 26. Any person who attempts to commit, or procures, aids, or abets the commission of any act prohibited by the foregoing special Regulations, or harbours any person whom he knows, or has reasonable grounds for supposing, to have acted in contra- vention of such Regulations, shall be deemed to have acted in contravention of the Regulations in like manner as if he had himself committed the act. 27. Any person contravening any of the provisions of the fore- going special Regulations shall be liable to be tried by court- martial and to be sentenced to penal servitude for life or any less punishment : Provided that no sentence exceeding three months' imprison- ment with hard labour shall be imposed in respect of any con- travention of Regulations 22, 23, or 24 unless it is proved that the contravention was for the purpose of assisting the enemy (a)or in respect of any contravention of Regulation 21 if the offender proves that he acted without any intention to cause disaffection or alarm. A court-martial having jurisdiction to try offences under these Regulations shall be a general or district court-martial convened by an officer authorised to convene such description of court- martial within the limits of whose command the offender may for the time being be ; but nothing in this Regulation shall be construed as authorising a district court-martial to impose a sentence of penal servitude. Any person tried by court-martial under these Regulations shall, for the purposes of the provisions of the Army Act relating to offences, be treated as if he belonged to the unit in whose charge he may be; but no such person shall be liable to summary punishment by a commanding officer. Part III. Stipple mental. 28. The powers conferred by these Regulations are in addition to and not in derogation of any powers exerciseable by members of His Majesty's naval and military forces and other persons to take such steps as may be necessary for securing the public safety and the defence of the Realm, and the liability of any person to trial and punishment for any offence or war crime otherwise than in accordance with these Regulations. 29. For the purposes of these Regulations the expression "competent naval or military authority' means any commis- sioned officer of His Majesty's Naval or Military Forces, not below the rank of commander in the Navy or lieutenant-colonel in the Army, appointed by the Admiralty or Army Council, as the case may be, to perform in any place the duties of such an authority. Any harbour declared by order of the Admiralty or Army Council to be a defended harbour shall for the purposes of these Requisitions be treated as such. (a) The concluding words of this paragraph of Regulation 27 were added by Article 5 of the No. 2 Regulations. The Defence of the Realm Regulation Consolidated. 417 (a) Any area which may for the time being be proclaimed by the Admiralty or Army Council to be an area which it is necessary to safeguard in the interests of the training oi concentration ol any of His Majesty's forces is in these Regulations referred to as " a proclaimed area." (b) The Admiralty or Army Council maj authorise the compe- tenl naval or military authority to delegate, either unconditionally ot subject to such conditions as he thinks lit, all or any of their powers miller these regulations to any office] qualified to be appointed a competent naval or military authorM 30. The [nterpretation Act, 1889, applies for the purpose of the interpretation of these Regulations in like manner as il applies for ilie purpose of the interpretation of an Acl of Parliament . Appendix C. THE JUDICIAL COMMITTEE RULES, 1908, BEING THE GENERAL RULES AS TO APPEALS TO THE JUDICIAL COM- MITTEE. 1 908. At the Court at Buckingham Palace, the 21st day of December 1908. Present The King's Most Excellent Majesty Archbishop of Canterbury. Lord Chamberlain, Lord President. Lord FitzMaurice. Whereas there was this day read a1 the Board a representation from the .Indicia! Committee of the Privy Council in the words following, viz. : — " The Lords of the Judicial Committee Having taken into consideration the Practice and Procedure in accordance with which the general Appellate Jurisdiction of Your Majesty in Council is now exercised and being of opinion that the Rules regulating the said Practice and Procedure oughl to be consolidated and amended Their Lordships do hereby agree bumbly to recommend to Your Majesty thai with a view to such consolidation and (a) This definition of a " proclaimed area " is given by Article 8 of tin No. 2 Regulations. (b) Tins additi( nal paragra] b was added by Article 7 of the No. 2 Regulations. 5750 -' D 418 /'ales as to Appeals to the Judicial Committee. amendment certain Orders of Her Late Majesty Queen Victoria in Council regulating the said Practice and Procedure, viz. the Orders in Council dated respec- tively the lllh day of August 1842(a) the 13th day of June 1853(b) the 31st day of March 1855(c) the 24th day of March 1871(c) and the 26th day of -Tune 1873(d) and also the Order of Your Majesty in Council dated the 20th day of March 1905 amending the said Practice and Procedure ought to be revoked and that the several Pules hereunto annexed ought to be substituted therefor." ITis Majesty having taken the said representation into con- sideration was pleased by and with the advice of His Privy Council to approve thereof and to order as it is hereby ordered that the said Orders in Council in the said representation mentioned be and the same are hereby revoked and that the Rules hereunto annexed be substituted therefor. A. W. FitzRoy. Arrangement of Rules. Rule. Pago 1. Interpretation 421 Leave to appeal. 2. Leave to appeal generally ... 422 Special Jjtave to appeal. 3. Form of Petition for special leave to appeal ... ... ... ... 422 4. Three copies of Petition to be lodged together with Affidavit in support ... ... 422 5. Time for lodging Petition ... ... ... ... ... ... 422 6. Security for costs and transmission of Record ... ... ... 422 7. General provisions... ... ... ... ... ... ... ... 422 8. Petitions for special leave to appeal in forma pauperis ... ... 422 9. Exemption of pauper Appellant from lodging security and paying Office fees ' 422 10. Exemption of unsuccessful Petitioner for leave to appeal in forma pauperis from payment of Office fees ... 423 Bccord. 11. Record to be transmitted without delay ... ... ... ... 423 12. Printing of Record 423 13. Number of copies to be transmitted, where Record printed abroad 423 14. One certified copy to be transmitted, where Record to be printed in England 423 (a) Printed in Statutory Rides and Orders Revised 1«>04, Vol. VI., "Judicial ( lommittee," p. '.»7. (b) ibid., p. 1. (c) ibid., p. 4. (d) ibid., p. 12. Rules as to Appeals to the Judicial Committee. 419 Rule. 15. Record printed partly abroad, partly in England 1G. Reasons for judgments to b<> transmitted 17. Exclusion of unnecessary documents from Record 18! Documents objected to be indicated ... 19. Registration and aumbering of Records 20. 21. 22. 23. 24. 25. 20. 27. I nspect ion of Record by pari ies , . Times within which a copy of a written Record shall be bespoken Notico of Appearance by Appellant ... Preparation of copy of Record for Printer ... Lodging copy of Record for printing ... Special Case Examination of proof of Record and striking off copies Number of copies of Record for parties Etow costs of printing Record are to be borne Page 423 123 423 424 124 424 424 121 424 42", 125 425 125 425 /'- tition <>f Appeal. 29. Times within which Petition shall bo lodged 30. Form of Petition 31. Service of Petition 42<; 42i; 126 Withdrawal of Appeal. 32. Withdrawal of Appeal before Petition of Appeal has been lodged 42(1 33. Withdrawal of Appeal after Petition of Appeal has been lodged... 426 Non-prosecution of Appeal. 34. Dismissal of Appeal where Appellant takes no step in prosecution thereof 427 35. Dismissal of Appeal for non-proseoution after Appellant's Appear- ance and before lodgment of Petition of Appeal ... ... 427 30. Dismissal of Appeal for non-prosecution after lodgment of Petition of Appeal ... ... ... ... ... ... ... 427 37. Restoring an Appeal dismissed for non-prosecution ... ... 428 Appearance by Respondent. 38. Time within which Respondent may appear ... ... ... ... 428 39. Notice of Appearance by Respondent ... ... ... ... ... 428 40. Form of Appearance where all the Respondents do not appear ... 428 41. Separate Appearances ... ... ... ... ... ... ... 428 42. Non-appearing Respondent not entitled to receivo notices or lodge Case 428 43. Procedure on non-appearance of Respondent ... ... ... 428 44. Respondent defending Appeal in formd pauperis ... ... ... 429 Petitions gr< nerally. 45. Mode of addressing Petitions ... 40. Orders on Petitions which need not be drawn up ... 47. Form of Petition 48. Caveat 49. Service of Petition 50. Verifying Petition by Affidavit 51. Petition for Order of Revivor or Substitution 52. Petition containing scandalous matter to be refused 53. Setting down Petition 54. Times within which set-down Petitions shall be heard 55. Notice to parties of day fixed for hearing Petition ... 56. Procedure where Petition is consented to or i* formal 57. Withdrawal of Petition ... 58. Procedure where hearing of Petition unduly delayed 59. Only one Counsel heard on a side in Petitions 429 430 430 -loll 430 130 431 131 431 131 431 431 432 432 432 5750 2 D 2 420 Rules as to Appeals to the Judicial Committee. I'nsc. Rule. Page 60. Lodging of Case 432 61. Printing of Case ... 432 62. Number of prints to be lodged ... ... ... ... ... .. 432 63. Form of Case " 432 64. Separate Cases by two or more Respondents .. . ... ... ... 433 65. Notice of lodgment of Case ... ... ... ... ... ... 433 66. Case Notice ... ... ... ... ... ... ... ... 433 67. Sotting down Appeal and exchanging Cases ... ... ... ... 433 Binding "Records, &c. 68. Mod< of binding Records. &c, for use of Judicial Committee ... 434 69. Tim within which hound copies shall be lodged ... ... ... 434 Hearing. ■ 70. Notice to parties of date of commencement of Sittings; entering Appeals for hearing ... ... ... ... ... ... ... 434 71. Notice to parties of day fixed for hearing Appeal 434 72. Oidy two Counsel heard on a side in Appeals ... ... ... 434 73. Nautical Assessors ... ... ... ... ... ... ... 434 Judgment. 74. Notice to parties of day fixed for delivery of Judgment ... ... 435 Costs. 75. Taxation of costs ... ... ... ... ... ... ... ... 435 76. What costs taxed in England ... ... ... ... ... ... 435 77. Order to tax 435 78. Power of Taxing Officer where taxation delayed through the fault of the party whose costs are to be taxed ... ... ... ... 435 79. Appeal from decision of Taxing Officer ... ... ... ... 435 80. Amount of taxed costs to be inserted in His Majesty's Order in Council ... ... ... ... ... ... ... ... ... 435 81. Taxation on the pauper scale ... ... ... ... ... ... 436 82. Security to be dealt with as His Majesty's Order in Council determining Appeal directs ... ... ... ... ... ... 436 Miscellaneous. 83. Power of Judicial Committee to excuse from compliance with Rules , 436 84. Amendment of documents ... ... ... ... 436 85. Affidavits may be sworn before the Registrar of the Privy Council 436 86. Change of Agent 436 87. Scope of application of Rules ... ... ... ... ... ... 437 88. Mode of citation and date of operation ... ... ... ... 437 Schedule A. Rules as to printing ... ... ... 437 Schedule B. Countries and Places referred to in Rules 21, 29 and 34 437 Schedule C. — I. Fees allowed to Agents 438 II. Council Office Fees 438 Rules as to Appeals to tht Judicial Committee. 421 The Judicial Committee Rules, 1908. 1.— (1) In these Rules, unless the context otherwise Interprets requires: — tlon- " Appeal " means an Appeal to His Majesty in Council; "Judgment" includes decree, order, sentence, or decision of any Court, Judge, or Judicial Officer; "Record" means the aggregate of papers relating to an Appeal (including the pleadings, proceedings, evidence and judgments) proper to be laid before His Majesty in Council on the hearing of the Appeal ; " Registrar " means the Registrar or other proper officer having the custody of the records in the Court appealed from ; " Abroad " means the country or place where the Court appealed from is situate; "Agent" means a person qualified by virtue of Her late Majesty's Order in Council of the 6th March 1896 to conduct proceedings before His Majesty in Council on behalf of another; " Party " and all words descriptive of parties to proceedings before His Majesty in Council (such as "Petitioner," " Appellant," "Respondent") mean, in respect of all acts proper to be done by an Agent, the Agent of the party in question where such party is represented by an Agent; " Month " means calendar month; Words in the singular shall include the plural, and words in the plural shall include the singular. (2) Where by these Rules any step is required to be taken in England in connection with proceedings before His Majesty in Council, whether in the way of lodging a Petition or other document, entering an Appearance, lodging security, or other- wise, such step shall be taken in the Registry of the Privy Couucil, Downing Street, London. Lea re to appeal. 2. All Appeals shall be brought either in pursuance of leave Leave to obtained from the Court appealed from, or, in the absence of appeal such leave, in pursuance of special leave io appeal granted by gei His Majesty in Council upon a Petition in that behalf presented by the intending Appellant. 422 Rules as to Appeals to the Judicial Committee. Form of Petition for special leave to appeal. Three copies of Petition to be lodged together with Affidavit in support. Time for lodging Petition. Security for costs and transmission of Record. General provisions. Petitions for special leave to appeal in forma pau- peris. Exemption of pauper Appellant from lodging security and paying Office fees. Special Leave to appeal. 3. A Petition for special leave to appeal to His Majesty in Council shall state succinctly and fairly all such facts as it may be necessary to state in order to enable the Judicial Committee to advise His Majesty whether such leave ought to be granted. The Petition shall not travel into extraneous matter, and shall deal with the merits of the case only* so far as is necessary for the purpose of explaining and supporting the particular grounds upon which special leave to appeal is sought. 4. The Petitioner shall lodge at least three copies of his Petition for special leave to appeal together with the Affidavit in support thereof prescribed by Pule 50 hereinafter contained. 5. A Petition for special leave to appeal may be lodged at any time after the date of the judgment sought to be appealed from, but the Petitioner shall, in every case, lodge his Petition with the least possible delay. (i. Where the Judicial Committee agree to advise His Majesty to grant special leave to appeal, they shall, in their Report, specify the amount of the security for costs (if any) to be lodged by " the Petitioner, and the period (if any) within which such security is to be lodged and shall, unless the circumstances of a particular case render such a course unnecessary, provide for the transmission of the Record by the Registrar of the Court appealed from to the Registrar of the Privy Council and for such further matters as the justice of the case may require. 7. Save as by the four last preceding Rules otherwise provided, the provisions of Rules 47 to 50 and 52 to 59 (all inclusive) hereinafter contained shall apply mutatis mutandis to Petitions for special leave to appeal. 8. Rules 3 to 7 (both inclusive) shall apply mutatis mutandis to Petitions for leave to appeal in forma pauperis, but in addition to the Affidavit referred to in Rule 4 every such Petition shall be accompanied by an Affidavit from the Petitioner stating that he is not worth £25 in the world excepting his wearing apparel and his interest in the subject- matter of the intended Appeal, and that he is unable to provide sureties, and also by a certificate of Counsel that the Petitioner has reasonable ground of appeal. !J. Where a Petitioner obtains leave to appeal in forma pauperis, Ik- shall not be required to lodge security for the costs of the Respondenl or lo pay any Council Office fees. Rules as to Appeals to the Judicial Committee. 423 10. A Petitioner whose Petition for leave to appeal in forum Exemption of pauperis is dismissed may, notwithstanding such dismissal, be unsuccessful excused from paying the Council Office fees usually chargeable Petitioner for to a Petitioner in reaped of a Petition for leave to appeal, if Bis ™™J°- Majesty in Council, on the advice oi the Judicial Uommittee, yv^md/w shall think fit SO to order. peris from payment of Office fi Record. 11. As soon as an Appeal has been admitted, whether by an Becordfcobe Order of the Courl appealed from or by an Order of His Majesty transmitted •i l- -li i. I xl \ il i I 11 without 'l>Iav in ( <»ii ii< 1 1 granting special leave to appeal, tne Appellani snail without delay take all necessary steps to have the Record transmitted to the Registrar of the Privy Council. 12. 'I'll' Record shall he printed in accordance with Rules Printingof 1. to IV. of Schedule A. hereto. It may be so printed either Record. abroad or in England. 13. Where th« Record is printed abroad, the Registrar shall, Number of at the expense of the Appellant, transmit to the Registrar of the ^°I )Ie> V '". ,, . r, * -t A* • i id i n i-i • l transmitted. Privy Council 40 copies oi such Record, one ot winch copies he whiu Record shall certify to be correct by signing his name on, or initialling, printed every eighth page thereof and by affixing thereto the seal, if abroad. any. of the Court appealed from. 14. Where the Record is to be printed in England, the One certified Registrar shall, at the expense of the Appellant, transmit to the L "K V to ' t» • j p ,1 i» • /< -l i-u i £ i transmitted. Registrar ot the Privy ( ouncil one certified copy ot such wllc ,,. i;,.,.,,,,) Record, together with an index of all the papers and exhibits in to be printed the ease. No other certified copies of the Record shall be in England. transmitted to the Agents in England by or on behalf of the parties to the Appeal. 15. Where part of the Record is printed abroad and part is Record to be printed in England, Rules 13 and 14 shall, as far as printed practicable, apply to such parts as are printed abroad and such l ? ;\ .... as are to be printed in England respectively. w England 16. The reasons given by the judge, or any of the judges. Reasons for tor or against any judgment pronounced in the course of the judgments to proceedings out of which the Appeal arises, shall by such judge . V^J'* or judges be communicated in writing to the Registrar and shall by liim be transmitted to the Registrar of the Privj Council at the same time when the Record is transmitted. IT. The Registrar, as well as the parties and their Agents, Exclusion shall endeavour to exclude from the Record all documents of unneces- (more particular^ such as are merelj formal) thai are not 8arydo P u " relevant to the subject-matter of the Appeal, and. generally, to i>),.,,pj reduce the hulk of the Record as Ear as practicable, taking special care to avoid the duplication of documents and the unnecessary repetition of headings and other merely formal parts of documents; but tire documents omitted to be printed 424 Rules as to Appeals to the Judicial Committee. Documents objected to to be indi- cated. Registration and number- ing of Re- cords. Inspection of Record by parties. Times within which a copy of a written Record shall be bespoken. or copied shall be enumerated in a list to be placed after the index or at the end of the Record. 18. Where in the course of the preparation of a Record one party objects to the inclusion of a document on the ground that it is unnecessary or irrelevant, and the other party nevertheless insists upon its being included, the Record, as finally printed (whether abroad or in England), shall, with a view to the subsequent adjustment of the costs of and incidental to such document, indicate, in the index of papers, or otherwise, the fact that, and the party by whom, the inclusion of the document was objected to. 19. As soon as the Record is received in the Registry of the Privy Council, it shall be registered in the said Registry, with the date of arrival, tire names of the parties, the date of the judgment appealed from, and the. description whether " printed ' or "written." A Record, or any part of a Record, not printed in accordance with Rules I. to IV. of Schedule A hereto, shall be treated as written. Appeals shall be numbered con- secutively in each year in the order in which the Records are received in the said Registry. 20. The parties shall be entitled to inspect the Record and to extract all necessary particulars therefrom for the purpose of entering an Appearance. 21. Where the Record arrives in England either wholly written, or partly written and partly printed, the Appellant shall, within a period of four months from the date of such arrival in the case of Appeals from Courts situate in any of the countries or places named in Schedule B hereto, and within a period of two months from the same date in the case of Appeals from any other Courts, enter an Appearance and bespeak a type-written copy of the Record, or of such parts thereof as it may be necessary to have copied, and shall engage to pay the cost of preparing such copy at the following rates per folio typed (exclusive of tabular matter) — \\&. per folio of English matter, 2d. per folio of Indian matter, and 3d. per folio of foreign matter. Notice of Appearance by Appellant. 22. The Appellant shall forthwith, after entering his Appearance, give notice thereof to the Respondent, if the latter has entered an Appearance. Preparation of copy of Record for Printer 23. As soon as the Appellant has obtained the type-written copy of the Record bespoken by him, he shall proceed, with due diligence, to arrange the documents in suitable order, to check the index, to insert the marginal notes and cheek Ihe ;'ine with the index, and. generally, to do whatever may be required for the purpose of preparing the copy for the Printer, and shall, if the Respondent has entered an Appearance, submit the copy, as prepared for the Printer, to the Respondent for Rules as to Appeal.- to the Judicial Committee. 125 his approval. In the event of the parties being unable to agree as to any matter arising under this Hole, such matter shall be referred to the Registrar of the Privy Council, whose decision thereon shall be final. 24. As soon as the type-written copy oi the Record is ready Lodgingcopj for the Printer, the Appellant shall Lodge it, with a requesi to °J i ]&? fi0rd f or the Registrar of the Privj Council to cause it to be printed by p Ili- Majesty's Printer or by any other printer on the same terms, and shall engage to pay at the price specified in Rule V. of Schedule A. hereto the cosi of printing "'" copies thereof, or such oilier number as in the opinion of the said Registrar the circumstances of the case require. 25. Whenever it shall be found that the decision of a Special Case, matter on appeal is Likely to turn exclusively on a question of Law, the parties, with the sanction of the Registrar of the Privy Council, may submit such question of law to the Judicial Committee in the form of a Special Case, and print such parts only of the Record as may be necessary for the discussion of the same Provided thai nothing herein contained shall in any way prevent the Judicial Committee from ordering the full discussion of the whole case, if they shall so think fit, and that, in order to promote such arrangements and simplification of the matter i ti dispute, the said Registrar may call the parties before him, and having heard them, and examined the Record, may report to the Judicial Committee as to the nature of the proceedings. 26. The Registrar of the Privy Council shall, as soon as the Examination proof prints of the Record are ready, give notice to all parties 2* P 1 ^? °\ who have entered an Appearance requesting them to attend at J^'j ,,,,',!(£ the Registry of the Privy Council at a time to be named in such copies. notice in order to examine the said proof prints and compare the same with the certified Record, and shall, for that pur- pose, furnish each of the said parties with one proof print. After the examination has been completed, the Appellant shall, without delay, lodge his proof print, duly collected and (so far as necessary) approved by the Respondent, and the Registrar of the Privy Council shall thereupon cause the copies of the Pei (nil to be struck off from such proof print. L'T. Each party who has entered an Appearance shall be Number of entitled to receive, for his own use, six copies of the Record. copiesof K< cord for parties. L'S. Subject to any special direction from the Judicial How costs Committee to the contrary, the costs of and incidental to the °f printing printing of the Record shall form part of the costs of the ^'j ^ 1 . 1 ^. Appeal, but the costs of and incidental to the printing of any document objected to by one party, in accordance with Pule 18. ill, if • such document is found on the taxation of costs to be 426 Rules as to Appeals to the Judicial Co/n/nittee. unnecessary or irrelevant, be disallowed to, or borne by, the party insisting- on including the same in the Record. Times within which Peti- tion shall be lodged. Form of Petition. Service of Petition. Petition of Appeal. '~i\). The Appellant shall lodge his Petition of Appeal — (a) Where the Record arrives in England printed, within a period of four months from the date of such arrival in the case of Appeals from Courts situate in any of the countries or places named in Schedule B. hereto, and within a period of two months from the same date in the case of Appeals from any other Courts ; (b) Where the Record arrives in England written, within a period of one month from the date of the completion of the printing thereof : Provided that nothing in this Rule contained shall preclude an Appellant from lodging his Petition of Appeal prior to the arrival of the Record, if there are special reasons why it should be desirable for him to do so. 30. The Petition of Appeal shall be lodged in the form prescribed by Rule 47 hereinafter contained. It shall recite succinctly and, as far as possible, in chronological order, the principal steps in the proceedings leading up to the Appeal from the c England, the Appeal may be set down ex parte as againsl the said non-appearing Responded a1 any i inie after the expiral ton of thr< e months from the date of the lodging of the Petition of Appi a] ; (6) if the non-appearing Respondenl was made a Respon- dent by an Order of His Majesty in Council subsequently to the admission of the Appeal, and it appears from the Record, or from a Supplementary Record, or from a Certificate of the Registrar of the Court appealed from, that the said aon-appearing Respondenl 1ms received notice, or was otherwi aware, of any intended application to bring him on the Record as a Respondent, the Appeal may be sel down ex parte as againsl the said non-appearing Respondent at any time niter the expiration of three months Prom the date on which he shall have been served with a copy of ili> Majesty's Order in Council bringing- him on the Record as a Respondent. Provided that where it is shown to the satisfaction of the Judicial Committee, by Affidavit of otherwise, either that an Appellant has made every reasonable endeavour to serve a non- appearing Respondent with the notices mentioned in clauses (a) and (6) respectively and has failed to effect such service, or that it is not the intention of the non-appearing- Respondent to enter an Appearance to the Appeal, the Appeal may. without further Order in that behalf and at the risk of the Appellant, be proceeded with ex parte as against the Baid non-appearing Respondent. 44. A Respondent who devsires to defend an Appeal in Respondent forma pauperis nmy present a Petition to that effect to His Jkndjng '.Majesty in Council,' which Petition shall be accompanied h\ an ^JJ Affidavit from the Petitioner stating that he is not worth £25 j^is. in the world excepting his wearing apparel and his interest in the subject-matter id' the Appeal. Petitions generally. 45. All Petitions For orders or directions as to matters of Mode of practice or procedure arising after the lodging o\ the Petition addressing of Appeal and not involving any change in the parties to an Petitions. Appeal shall be addressed to the Judicial Committee. All other Petitions shall be addressed to His Majesty in Council, but a Petition which is properly addressed in Hifl Majesty in Council 430 Rules as to Appeals to the Judicial Committee. may include, as incidental to Hie relief thereby sought, a prayer foi orders or directions as to matters of practice or procedure. Orders cm Petitions which need not be drawn up. Form of Petition. 46. Where an Order made by the Judicial Committee does not embody any special terms or include any special directions. it shall not be necessary to draw up such Older, unless the Com- mittee otherwise direct, but a Note thereof shall be made by the Registrar of the Privy Council. 47. All Petitions shall consist of paragraphs numbered consecutively and shall be written, type-written, or lithographed, on brief paper with quarter margin and endorsed with the name of the Court appealed from, the short title and Privy Council number of the Appeal to which the Petition relates or the short title of the Petition (as the case may be), and the name and address of the London Agent (if any) of the Petitioner, but need not be signed. Petitions for special leave to appeal may be printed and, shall, in that case, be printed in the form known as Demy Quarto or other convenient form. Caveat. Service of Petition. Verifying Petition by Affidavit. ' 48. Where a Petition is expected to be lodged, or has been lodged, which does not relate to any pending Appeal of which the Record has been registered in the Registry of the Privy Council, any person claiming a right to appear before the Judicial Committee on the hearing of such Petition may lodge a Caveat in the matter thereof, and shall thereupon be entitled to receive from the Registrar of the Privy Council notice of tbe lodging of the Petition, if at the time of the lodging of the Caveat such Petition has not yet been lodged, and, if and when the Petition has been lodged, to require the Petitioner to serve him with a copy of the Petition, and to furnish him, at his own expense, with copies of any papers lodged by the Petitioner in support of bis Petition. Tbe Caveator shall forthwith after lodging his Caveat give notice thereof to tbe Petitioner, if the Petition has been lodged. 49. Where a Petition is lodged in the matter of any pending- Appeal of which the Record has been registered in the Registry of the Privy Council, the Petitioner shall serve any party who has entered an Appearance in the Appeal with a copy of such Petition, and the party so served shall thereupon be entitled to require the Petitioner to furnish him, at his own expense, with copies of any papers lodged by the Petitioner in support of his Petition. 50. A Petition not relating to any Appeal of which the Record has been registered in the Registry of the Privy Council, and any other Petition containing allegations of fact which cannot be verified by reference to the registered Record or any certificate or duly authenticated statement of the Court appealed from, shall be supported by Affidavit. Where the Petitioner prosecutes his Petition in person, the said Affidavit shall be -worn by the Petitioner himself and shall state that, to the Rules as to Appeals to the Judicial Committee, 431 begl of the deponent's knowledge, information, and belief, the allegations contained in the Petition are true. Wher< the Petitioner is represented by an Agent, the said Affidavit -hall be sworn by such Agent and shall, besides stating that, to the best of ilif deponent's knowledge, information, and belief, the allegations contained in the Petition are true, show Imw the deponent obtained his instructions and the information enabling him to present i he Pel it ion. 51. A Petition for an Order of Revivor or Substitution shall Petitionfor be accompanied bv a certificate or duly authenticated 3tatemen1 'J" 1 '; 1 '' from tlie ( ourt appealed trom showing who. in the opinion oJ snUt'iiunm,. the s;iid Couii. is the proper person to be substituted, or entered, on the Record in place of, or in addition to, a party who has died or undergone a change of status. 52. The Registrar of the Privy Council may refuse to Petition receive a Petition on the ground thai it contains scandalous containing matter, but the Petitioner may appeal, by way of motion, from S i-iVt* -r t'-' ! t .*■ Buch refusal to the Judicial Committee. refused. 53. As soon as a Petition is ready for hearing, the Petitioner Setting down shall forthwith notify the Registrar of the Privy Council to that Petition. effect, and the Petition shall thereupon be deemed to be set down. 54. On each day appointed by the Judicial Committee for Times within the hearing of Petitions the Registrar of the Privy Council which set- shall, unless the Committee otherwise direct, put in the paper down Peti- for hearing all such Petitions as have been set down. Provided near4 j that, in the absence of special circumstances of urgency to be shown to the satisfaction of the said Registrar, no Petition, if unopposed, shall be so put in the paper before the expiration of three clear days from the lodging thereof, or, if opposed, before the expiration of ten clear days from the lodging thereof unless, in the latter case, the Opponent consents to the Petition being put in the paper on an earlier day not being less than three (lear days from the lodging thereof. - r )o. Subject to the provisions of the next following Rule, Notice to the Registrar of the Privy Council shall, as soon as thepartiesot Judicial Committee have appointed a day for the hearing of £*y r* 6 " fo . r ■ I i ,i ii j- i i ' ^ c ii i hearing ireti- a Petition, not it v all parties concerned l>v Summons <>t the day .• • 1 ■ • tlon. so appointed. 50. Where the prayer of a Petition is consented to in Procedure writing 1>\ the opposite party, or where a Petition is of a formal where Peti- and non-contentious character, the Judicial Committee may. if u "" "J '""", they think fit, make their Report to His Majesty on Buch ^ f orma ] Petition, or make their Order thereon, as the case may be, without requiring the attendance of the parties in the Council Chamber, and the Registrar of the Privy Council shall not in any such "case issue the Summons provided for by the last- 432 Rules as to Appeals to the Judicial Committee. Withdrawal of Petition. Procedure where hearing of Petition unduly de- laved. Only one Counsel heard on a side in Peti- tions. Lodging of Case. Printing of Case. Number of prints to be lodged. Form of Case. preceding- Rule, but shall with all convenient speed after the Committee have made their Report or Order notify the parties thai the Report or Order has been made and of the date and nature of such Report or Order. 57. A Petitioner who desires to withdraw his Petition shall give notice in writing to that effect to the Registrar of the Privy Council. Where the Petition is opposed, the Opponent shall, subject to any agreement between the parties to the contrary, be entitled to apply to the Judicial Committee for his costs, but where the Petition is unopposed, or where, in the case of an opposed Petition, the parties have come to an agreement as to the cost of the Petition, the Petition may, if the Judicial Committee think fit, be disposed of in the same way mutatis mutandis ;is a Consent Petition under the provisions of the last-preceding Rule. 58. Where a Petitioner unduly delays bringing a Petition to a hearing, the Registrar of the Privy Council shall call upon him to explain the delay, and, if no explanation is offered, or if the explanation offered is, in the opinion of the said Registrar, insufficient, the said Registrar may treat the said Petition as set down and may, after duly notifying all parties interested by Summons of his intention to do so, put the Petition in the paper for hearing on the next following day appointed by the Judicial Committee for the hearing of Petitions for such directions as the Committee may think fit to give thereon. 59. At the hearing of a Petition not more than one Counsel shall be admitted to be heard on a side. Case. 60. No party to an Appeal shall be entitled to be heard by the Judicial Committee unless he has previously lodged his Case in the Appeal. Provided that where a Respondent is merely a stakeholder or trustee with no other interest in the Appeal, he may give the Registrar of the Privy Council notice in writing of his intention not to lodge any Case, while reserving his right to address the Judicial Committee on the question of costs. 61. The Case may be printed either abroad or in England, and shall, in either event, be printed in accordance with Rules I. to IV. of Schedule A. hereto, every tenth line thereof being numbered in the margin, and shall be signed by at least one of the Counsel who attends at the hearing of the Appeal or by the party himself if he conducts his Appeal in person. 62. Each party shall lodge 40 prints of his Case. 63. The Case shall consists of paragraphs numbered consecu- tively and shall state, as concisely as possible, the circumstances Rules us to Appeals to the Judicial Committee. A'.i'.i out of which the Appeal arises, the contentions to be urged by the party lodging the same, and the reasons of appeal. References by page and line to the relevanl portions of tin- Record as printed shall, as Ear as practicable, be printed in the margin, and care shall be taken to avoid, as far as possible, the reprinting in the Case of long extracts from the Record. The taxing office*, in taxing tin- costs of the Appeal, shall, eithei of his own motion, or at the instance of the opposite party, inquire into any unnecessary prolixity in the Case, and shall disallow the costs occasioned i hereby. 64. Two or more Respondents may, at their own risk as to Sepai costs, lodge separate Cases in the same Appeal. Cases by two or more Respondent 65. Each party shall, after lodging his Case, forthwith give Notice of notice thereof to the other party. lament of L/3.S6. 66. Subject as hereinafter provided, the party who lodges Case Notice. his Case first may, at any time after the expiration of three clear days from the day on which he has given the other party tin- notice prescribed by the last-preceding Rule, serve such other party, if the latter has not in the meantime lodged his Case, with a " Case Notice," requiring him to lodge his Case within one month from the date of the service of the said Case Notice and informing him that, in default of his so doing, the Appeal will be set down for hearing ex parte as against him, and if the other party fails to comply with the said Case Notice, the party who has lodged his Case may, at any time after the expiration of the time limited by the said Case Notice for the lodging of the Case, lodge an Affidavit of Service (which shall set out tin- terms of the said Case Notice), and the Appeal shall thereupon, if all other conditions of its being set down are satisfied, be set down ex parte as against the party in default Provided that no Case Notice shall be served until after the completion of the printing of the Record and that it shall be open to the Taxing Officer, in adjusting the costs of the Appeal, to inquire, generally, into the circumstances in which the said Case Notice was served and, if satisfied that there was no reasonable necessity for the said Case Notice, to disallow the costs thereof to the party serving the same Provided also that nothing in this Rule contained shall preclude the party in default from lodging his Case, at his own risk as regards costs and otherwise, at any time up to the date of hearing. 67. Subject to the provisions of Rule 43 and of the last- Setting down preceding Rule, an Appeal shall be set down ipso facto as soon Appeal and as the Cases on both sides are lodged, and the parties shall 5? thereupon exchange Cases by handing one another, either at the Offices of one of the Agents or in the Registry of the Privy Council, ten copies of their respective Cases. 5750 2 E 434 Rules as to Appeals to the Judicial Committee. Mode of binding Records, &c, for use of Judicial Committee. Binding Records, fyc. 68. As soon as an Appeal is set down, the Appellant shall attend at the Registry of the Privy Council and obtain ten copies of the Record and Cases to be bound for the use of the Judicial Committee at the hearing. The copies shall be bound in cloth or in half leather with paper sides, and six leaves of blank paper shall be inserted before the Appellant's Case. The front cover shall bear a printed label stating the title and Privy Council number of the Appeal, the contents of the volume, and the names and addresses of the London Agents. The several documents, indicated by incuts, shall be arranged in the following order: (1) Appellant's Case; (2) Respondent's Case; (3) Record ; (4) Supplemental Record (if any) ; and the short title and Privy Council number of the Appeal shall also be shown on the back. Time within which bound copies shall be lodged. 69. The Appellant shall lodge the bound copies not less than four clear days before the commencement of the Sittings during which the Appeal is to be heard. Xotice to parties of date of com- mencement of Sittings ; entering Appeals for hearing. Hearing. 70. As soon as the Judicial Committee have appointed a day for the commencement of the Sittings for the hearing of Appeals, the Registrar of the Privy Council shall, as far as in him lies, make known the day so appointed to the Agents of all parties concerned, and shall name a day on or before which Appeals must be set down if they are to be entered in the List of Business for such Sittings. All Appeals set down on or before the day named shall, subject to any directions from the Committee or to any agreement between the parties to the contrary, be entered in such List of Business and shall, subject to any direction from the Committee to the contrary, be heard in the order in which they are set down. Xotice to parties of day fixed for hearing Appeal. 71. The Registrar of the Privy Council shall, subject to the provisions of Rule 42, notify the parties to each Appeal by Summons, at the earliest possible date, of the day appointed by the Judicial Committee for the hearing of the Appeal, and the parties shall be in readiness to be heard on the day so appointed. Only two Counsel heard on a side in Appeals. Nautical Assessors. 72. At the hearing of an Appeal not more than two Counsel shall be admitted to be heard on a side. 73. In Admiralty Appeals the Judicial Committee may, if they think fit, require the attendance of two Nautical Assessors. Rules as to Appeals to the Judicial Committee. i-'>~> Judgment. 74. Where the Judicial Committee, alter bearing an Appeal, Notice to decide to reserve their Judgment thereon, the Registrar of parties of the Privy Council shall m due course notify the parties who JKJ^I™ attended the hearing of the Appeal by Summons ol tne day judgment, appointed by the Committee for the delivery of the Judgment. Costs. 75. All Bills of Costs under the Orders of the Judicial Taxation of Committee on Appeals, Petitions, and other matters, shall he c:)8t8 - referred to the Registrar of the Privy Council, or such other person as the Judicial Committee may appoint, for taxation, and all such taxations shall be regulated by the Schedule of Fees set forth in Schedule C. hereto. 76. The taxation of costs in England shall be limited to Whatcoete costs incurred in England. V- 1 *'"/ '"i Lngland. 77. The Registrar of the Privy Council shall, with all Order to tax. convenient speed after the Judicial Committee have given their decision as to the costs of an Appeal, Petition, or other matter, issue to the party to whom costs have been awarded an Order to tax and a Notice specifying the day and hour appointed by him for taxation. The party receiving such Order to tax and Notice shall, not less than 48 hours before the time appointed for taxation, lodge his Bill of Costs (together with all necessary vouchers for disbursements), and serve the opposite party with ,i copy oi bis Bill of Costs and of the Order to tax and Notice. 78. The Taxing Officer may. if he think tit, disallow to any Power of party who fails to lodge his Bill of Costs (together with all Taxing necessarv vouchers for disbursements) within the time prescribed Officer where -. ,. -r, n / ■ T -i taxation by the last-preceding Rule, or who m any way delays or deIayed impedes a taxation, the charges to which such party would through the otherwise be entitled for drawing his Bill of Costs and attending fault of the the taxation. l' a,t - v wh ° se costs are to be taxed. 79. Any party aggrieved by a taxation may appeal from the Appeal from decision of the Taxing Officer to the Judicial Committee. The decision of Appeal shall he beard by way of motion, and the party appealing ^ Hi " shall give three (dear days' Notice of Motion to the opposite party, and shall also leave a copy of such Notice in the Registry of the Privy Council. 80. The amount allowed by the Taxing Officer on the Amount of taxation shall, subject to any appeal from his taxation to the taxed costs Judicial Committee and subject to any direction from the ^ be inserted Committee to the contrary, be inserted in His Majesty's Order ,^ tv '* ", ,,','j,, in Council determining the Appeal or Petition. in Council 5750 2 E -J 436 Rules as to Appeals to the Judicial Committee. Taxation on the pauper scale. Security to be dealt with as His Ma- jesty's Order in Council determining Appeal dire' 81. Where the Judicial Committee directs costs to be taxed on the pauper scale, the Taxing Officer shall not allow any fees of Counsel, and shall only award to the Agents out-of-pocket expenses and a reasonable allowance to cover office expenses, such allowance to be taken at about three-eighths of the usual professional charges in ordinary Appeals. 82. Where the Appellant has lodged security for the Eespondent's costs of an Appeal in the Registry of the Privy Council, the Registrar of the Privy Council shall deal with such security in accordance with the directions contained in His Majesty's Order in Council determining the Appeal. Miscellaneous. Power of Judicial Committee to excuse from com- pliance with Rules. Amendment of docu- ments. Affidavit- may be sworn before the Registrar of the Privy Council. Change of Agent. 83. The Judicial Committee may, for sufficient cause shown, excuse the parties from compliance with any of the requirements of these Rules, and may give such directions in matters of practice and procedure as they shall consider just and expedient. Applications to be excused from compliance with the require- ments of any of these Rules shall be addressed in the first instance to the Registrar of the Privy Council, who shall take the instructions of the Committee thereon and communicate the same to the parties. If, in the opinion of the said Registrar, it is desirable that the application should be dealt with by the Committee in open Court, he may, and if he receives a written request in that behalf from any of the parties, he shall, put the application in the paper for hearing before the Committee at such time as the Committee may appoint, and shall give all parties interested Notice of the time so appointed. 84. Any document lodged in connection with an Appeal, Petition, or other matter pending before His Majesty in Council or the Judicial Committee, may be amended by leave of the Registrar of the Privy Council, but if the said Registrar is of opinion that an application for leave to amend should be dealt with by the Committee in open Court, he may, and if he receives a written request in that behalf from any of the parties, he shall, put such application in the paper for hearing before the Com- mittee at such time as the Committee may appoint, and shall give all parties interested Notice of the time so appointed. 85. Affidavits relating to any Appeal, Petition, or other matter pending before His Majesty in Council or the Judicial Committee may be sworn before the Registrar of the Privy Council. 86. Where a party to an Appeal, Petition, or other matter pending before His Majesty in Council changes his Agent, such party, or the new Agent, shall forthwith give the Registrar of the Privy Council notice in writing of the change. I'ules as to Appeals to the Judicial Committee. 437 87. Subject to the provisions of any Statute or of any Scope of Statutory .Rule or Order to the contrary, these Kules shall apply appucatioD to all matters falling- within the Appellate Jurisdiction oi Eis Majesty in Council. 88. These Kules may be cited as the Judicial Committee Mode of Kules, 1908, and tliev shall come into operation or tie* 1st day citation and .i miifi date of opera- ot January 1 ( J0 ( J. ■ Schedule A. Rules as to Printing. I. All Records and other proceedings in Appeals or other matters pending before His Majesty in Council or the Judicial Committee which are required by the above Rules to be -printed shall henceforth be printed in the form known as Demy Quarto (i.e., 54 ems in length and 42 in width). II. The size of the paper used shall be such that the sheet, when folded and trimmed, will be 11 inches in height and Si inches in width. III. The type to be used in the text shall be Pica type, but Long Primer shall be used in printing accounts, tabular matter, and notes. IV. The number of lines' in each page of Pica type shall be 47 or there- abouts, and every tenth line shall be numbered in the margin. V. The price in England for the printing by His Majesty's Printer of 50 copies in the form prescribed by these Rules shall be 38s. per sheet (eight pages) of pica with marginal notes, not including corrections, tabular matter, and other extras. Scliedule B. Countries and Places referred to in' Rules 21, 29, and 34. Australia (and the constituent States thereof). Basutoland. British East Africa. British Honduras. British North Borneo. Brunei. Ceylon. China. Eastern African Protectorates. Falkland Islands. Federated Malay States. Fiji. Hong Kong. India. Mauritius. New Zealand. Persia. Seychelles. Somaliland Protectorate. Straits Settlements. Zanzibar. 438 Rules as to Appeals to the Judicial Committee. Schedule C. I. fees allowed to Agents conducting Appeals or other matters before the Judicial Committee of the Privy Council. Retaining Fee ... Perusing written Record, at the rate of, for every 25 folios... Perusing printed Record, at the rate of, for every printed sheet of 8 pages Attendances at the Council Office, or elsewhere, on ordinary business, such as to enter an Appearance, to make a search, to lodge a Petition or Affidavit, or to retain Counsel Attending at the Council Office to examine proof print of Record with the certified Record ... ... per diem Attending at the Council Chamber on Summons for the hearing of a Petition Attending at the Council Chamber all day on an Appeal not called on Attending the Hearing of an Appeal ... ... per diem Attending a Judgment Correcting English proofs, at the rate of, for every printed sheet of 8 pages Correcting Foreign or Indian proofs, at the rate of, for every printed sheet of 8 pages ... Instructions for Petition Drawing Petition, Case, or Affidavit ... ... per folio Copying Petition, Case, or Affidavit ... ... per folio Instructions for Case... Instructions to Counsel to argue an Appeal Instructions to Counsel to argue a Petition Attending Consultation Sessions Fee for each year or part of a year from the date of Appearance ... ... ... Drawing Bill of Costs. .. ... ... ... ... per folio Copying Bill of Costs... ... ... per folio Attending Taxation of Costs of an Appeal Attending Taxation of Costs of a Petition £ s. d. 13 4 6 8 1 1 10 3 3 1 6 2 6 8 3 6 8 1 6 8 10 6 1 1 10 2 6 1 1 10 1 3 3 1 6 2 2 1 1 II. Council Office Fees. Entering Appearance... Lodging Petition of Appeal... Lodging any other Petition ... Lodging Case ... Setting down Appeal (chargeable to Appellant only) . Setting down Petition (chargeable to Petitioner only). Summons 10 2 10 10 2 1 10 Patents, Designs and Trade Marks (Trin/jorar// Units) Art 4:>!i Consolidated, Committee Report Original Order of His Majesty in Council determining an Appeal Any other Original Order of His Majesty in Council ... Plain Copy of an Order of His Majesty in Council Original Order of the Judicial Committee Plain copy of Committee Order Lodging Affidavit Certificate delivered to Parties Committee References Lodging Caveat Subpoena to Witnesses Taxing Fee in Appeals Taxing Fee in Petitions ... ... £ 5. d 1 10 4 2 ii 5 (J 1 10 5 10 10 2 1 1) 10 3 2 Appendix D. SECTION 1 OF THE PATENTS, DESIGNS AND TRADE MARKS (TEMPORARY RULES) ACT, 1914 (4 & 5 GEO. 4. C. 27), REPRINTED AS AMENDED BY THE AMENDMENT ACT (4 & 5 GEO. 4, C. 73). (a) 1. — {1) The power of the Board of Trade under sect ion eighty- Extension six of the Patents and Designs Act, 1907, and section sixty of the of power to Trade Marks Act, 1905, to make rules and to do such things as they J^jjj^ 8, tli ink expedient for the purposes therein mentioned shall include c 29 power to make rules and to do such things as they think expedient 5 Edw. 7. for avoiding or suspending in whole or in part any patent or c. 15. licence the person entitled to the benefit of which is the subject of any Stale at war with His Majesty; for avoiding or suspending the registration, and all or any rights conferred by the registra- tion, ot any design or trade mark the proprietor whereof is a subject as aforesaid; for avoiding or suspending any application made by any such person under either of the said Acts; for enabling the Board to grant, in favour of persons other than such persons as aforesaid, on such terms and conditions, and either for the wlmlc term of the patent or registration or for such less period, as the Board may think fit, licences to make, use, exercise, or vend, patented inventions and registered designs so liable to avoidance or suspension as aforesaid, and for extending the time within which any act or tiling may or is required to be done undei those Acts. (2) In relation to rules made under this Act the provisions of sub-section (3) of section sixty of the Trade Marks Act, 1905, shall not apply. (a) The full text of each of these Acts as enacted is printed ;it pp. 12, 30 above, and the Rules thereunder are printed at pp. 226 236 above. 440 Sections 96 to 98 of the Burgfi Police (Scotland) Act, 1892 as Amended and Extended to Counties. (3) It the rules made under this Act so provide the rules or any of them shall have effect as from the passing- of this Act. (4) This Act shall apply to any person resident and carrying- on business in the territory of a State at war with His Majesty as if he was a subject of that State; and the expression " subject of any State at war with His Majesty " shall, with reference to a company, include any company the business whereof is managed or controlled by such subjects, or is carried on wholly or mainly for the benefit or on behalf of such subjects, notwithstanding that the company may be registered within His Majesty's dominions; and, where a patent has been granted to any person in respect of an invention declared in the application or any specification to have been communicated to him by some other person, that other person shall, for the purposes of this Act, be deemed to be the person entitled to the benefit of the patent unless the contrary is proved. Appendix E. Standing joint com- mittee(a) may appoint special constables. 20 & 21 Vict c. 72. Roll of special constables to be kept. Special constables on duty to be under chief constable, (a) SECTIONS 96 TO 98 OF THE BURGH POLICE (SCOTLAND) ACT, 1892 (55 & 56 VICT. C. 55) AS AMENDED AND EXTENDED TO COUNTIES BY THE SPECIAL CONSTABLES (SCOTLAND) ACT, 1914 (4 & 5 GEO. 5. C. 53). Special Constables. 96. For the purpose of aiding the police constables on occa- sions of emergency and for suppressing or preventing tumult or riot the standing joint comraittee(a) may from time to time appoint any of the owners or occupiers of lands or premises, or other person between the ages of twenty and fifty, to act as special constables for a period not exceeding six months, and may recall such appointment at pleasure, and the special constables so appointed shall have the same powers and privileges as constables of police appointed and acting under the Police (Scotland) Act, 1857. (a) 97. A roll of the names and addresses of all special constables shall be kept by the chief constable, (a) and the expenses of pro- viding them with batons, or otherwise equipping, training, and employing them shall be paid by the county council out of the county police rate. 98. Every special constable, shall, when on duty, be under the direction of the chief constable, (a) but the standing joint com- mittee^) may make such regulations for their organisation and training as they think proper. (a) In the application to the counties of Orkney and Shetland of these sections references to the Police (Scotland) Act, 1857, do not apply, and various substitutions are made, see Order of October 5th, 1914, printed at p. 374 above. Provisions of Police Acts applied by Police Constables (Xaval 441 and Military) Service Act. Appendix F. PROVISIONS OF THE POLICE ACTS, AND OF THE POLICE (SCOTLAND) ACTS APPLIED BY THE POLICE CON- STABLES (NAVAL AND MILITARY SERVICE) ACT, 1914 (4 & 5 GEO. 5. C. 80). I. — Enactments applying to .England and Wales. Section 4 (5) of the Police Act, 1890 (53 & 54 Vict. c. 45), • printed as extended bt section 4 (2) of the police (Superannuation) Act, 1906 (6 Edw. 7. c 7). Where a constable, with the knowledge of the police authority or of the chief officer of his police force, belongs to any Hoy a I Xaval Reserve force and is required for training or called into actual service, or belongs to the Army Reserve and is called out for training or for permanent service, he shall be entitled, on returning to the police force after the end of such training or service, to reckon any approved service which he was entitled to reckon at the commencement thereof. Section 4 (1) of the Police (Superannuation) Act, 1906, (6 Edw. 7. c. T). Where a constable of a police force to which the Police Act, 53 Ov.- 4 Vict. 1890, applies has, in pursuance of a Royal proclamation, been c. 45. called into actual service as a member of any Royal Xaval Reserve force, or been called out for permanent service as a member of the Army Reserve, his period of service under that proclamation may, if the police authority think fit, be reckoned in the computation of approved service. Note. — For the purposes of the present war the above enactments, both as originally enacted and as applied by the 1914 Act, apply to constables of the City Police Force as if that force were a police force within the meaning of the Police Act. 1890 (see Police Constables (Xaval and .Military Service) Act. 1914, s. 3 printed at p. 39 above). 11. Enactments applying to Scotland. Section 4 (5) of the Police (Scotland) Act, 1890 (53 & 54 Vict. c. 67), printed as extended nv section !> (2) of the Police (Scotland) Act (1890) Amendment Act, 1910 (10 Kow. 7 and I Geo. 5. c 10). Where a constable, with the knowledge of the police authority or of the chief officer of his police force, belongs to any Royal Naval Reserve force and is required for training or called into actual service, or belongs to the Army Reserve and is called out 442 Provisions of Police Acts applied by Police Constables (Naval and Military) Service Act. for training or for permanent service, lie shall be entitled, on returning to the police force after the end of such training or service, to reckon any approved service which he was entitled to reckon at the commencement thereof. Section 9 (1) of the Police (Scotland) Act (1890) Amendment Act, 1910 (10 Edw. 7 and 1 Geo. 5. c. 10). 53 & 54 Yict. "Where a constable of a police force to which the principal c - "'• Act(a) applies has, in pursuance of a Royal proclamation, been called into actual service as a member of any Royal Naval Reserve force, or been called out for permanent service as a member of the Army Reserve, his period of service under that proclamation may, if the police authority think fit, be reckoned in the computation of approved service. Appendix G. CONVENTION VI. (STATUS OF ENEMY MERCHANT SHIPS), AND CHAPTER III. OF CHAPTER XI. (RESTRICTIONS ON RIGHT OF CAPTURE IN MARI- TIME WAR) OF THE HAGUE CON- VENTIONS OF 1907. Convention relative to the Status of Enemy Merchant-ships at the Outbreak of Hostilities. (Translation.) Article l.(b) When a merchant-ship belonging to one of the belligerant Powers is at the commencement of hostilities in an enemy port, it is desirable that it should be allowed to depart freely, either immediately, or after a reasonable number of days of grace, and to proceed, after being furnished with a pass, direct to its port of dest i nation or any other port indicated to it. The same principle applies in the case of a ship which has left its last port of departure before the commencement of the war and has entered a port belonging to the enemy while still ignorant that hostilities have broken out. (a) i.e., The Police (Scotland) Act, 1890, see 10 Edw. 7 & 1 Geo. 5. c. 10, s. 3. (b) See Articles 3, 4 and 9 of the Order in Council of August 4th, 1914, printed at pp. 138-141 above under the heading " ' Days of Grace' to Enemy Ships." Hague Convention as to Status of Enemy Merchant~ships. Article 2. (a, A merchant-ship which, owing to circumstances beyond its control, may have been unable to Leave (he enenrj port within the period contemplated in the preceding Article, or which was nol allowed to Leave, may not lie confiscated. The belligerenl may merely detain ii. on condition of restor- ing it after the war. without payment of compensation, or be may requisition it on condition of paying compensation. Article 3.(b) Enemy merchant-ships which left their Last port of departure before the commencement of the war, and are encountered on the high seas while still ignorant of the outbreak of hostilities may not be confiscated. They are merely liable to he detained on condition that they are restored after the war without payment of compensation; or to be requisitioned, or even destroyed, on payment of compensation, but in such case provision musf be made for the safety of the persons on hoard as well as the pre- servation of the ship's papers. After touching at a port in their own country or at a neutral port, such ships are subject to the laws and customs of naval war. Article 4.(») Enemy cargo on board the vessels referred to in Articles 1 and 2 is likewise liable to be detained and restored after the war without payment of compensation, or to be requisitioned on pay- ment of compensation, with or without the ship. The same principle applies in the case of cargo on board the vessels referred to in Article 3. Article 5.(c) The present Convention does not refer to merchant-ships which show by their build that they are intended for conversion into war-ships. Article 0. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention. 443 (a) See Article 5 of the Order in Council of August 4th. 1914, p'rinted at pp. 138-141 above under the heading "* Days of Grace' to Enemy Sun-. (b) See Article 10 of the Order in Council of August 4th. 1914, printed at pp. 138-141 above under the heading "'Days of Grace' to Enemy Ships. (c) See Article G of the Order in Council of August 4th, 1914, printed ^at pp. 138-141 above under the heading "' Days OF GRACE' TO ENEMY SHIPS. 444 Hague Convention as to Status of Enemy Merchant-ships. Aeticle 7. The present Convention shall be ratified as soon as possible. The ratifications shall be deposited at The Hague. The first deposit of ratifications shall be recorded in a Protocol signed by the Representatives of the Powers which take part therein and by the Netherland Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherland Government and accompanied by the instrument of ratification. A duly certified copy of the Protocol relating to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be immediately sent by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have acceded to the Convention. The said Government shall, in the cases con- templated in the preceding paragraph, inform them at the same time of the date on which it received the notification. Article 8. \on- Signatory Powers may accede to the present convention. A Power which desires to accede notifies its intentions in writing to the Netherland Government, forwarding to it the act of accession, which shall be deposited in the archives of the said Government. The said Government shall immediately forward to all the other Powers a duly certified copy of the notification as well as of the act of accession, mentioning the date on which it re- ceived the notification. Article 9. The present Convention shall take effect, in the case of the Powers which were parties to the first deposit of ratifications, sixty days after the date of the Protocol recording such deposit, and, in the case of the Powers which shall ratify subsequently or which shall accede, sixty days after the notification of their rati- fication or of their accession has been received by the Netherland Government. Article 10. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be noti- fied in writing to the Netherland Government, which shall im- mediately communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received. The denunciation shall only operate in respect of the denounc- ing Power, and only on the expiry of one year after the notifica- tion has reached the Netherland Government. Hague Convention as to Crews of Enemy Merchant- hips 14~» ('a //tared In/ n Belli f/errnt . A 1,'TK'I.K 11. A register kepi by the Netherland Ministry for Foreign Affaire shall record the date of tlie deposit of ratifications effected in virtue of Article T, paragraphs 3 and I. as well as the date mi which the notifications of accessions (Article 8, paragraph 2) or of denunciation (Article 10, paragraph 1) have been received. Each ( 'niitriici mi!- Power is entitled to have access to this regis- ter and to be supplied with duly certified extracts from it. Convention relative to certain Restrictions ok the Exercise ok tin-: 1'niiiT ok ('ai'ti'rk in Maritime War. (Translation.) Chapter III. Regulations regarding the Crews ok Enemt Merchant-ships captured by \ belligerent. Article 5. When an enemy merchant-ship is captured by a belligerent, Mich of its crew as are subjects or citizens of a neutral State are not made prisoners of war. The same principle applies in the case of the captain and officers, likewise subjects or citizens of a neutral State, if they give a formal undertaking in writing not to serve on an enemy ship while the war lasts. Article G. The captain, officers, and members of the crew, if subjects or citizens of the enemy State, are not made prisoners of war, pro- vided that they undertake, on the faith of a written promise, not to engage, while hostilities last, in any service connected with the operations of the war. (a) Article T. The names of the persons retaining their liberty under the conditions laid down in Article 5, in the second paragraph, and in Article 6, are notified by the belligerent captor to the othei belligerent. The latter is forbidden knowingly to employ the said persons. Article 8. The provisions of the three preceding 1 Articles do not apply to ships taking part in hostilities. (a) See Article 12 of the Order in Council of August 4th, l'.M 4, printed at pp. 138-141 above under the heading " 'Days of Grace' to Enk.my SHIPS.' 446 The Declaration of Paris of 1856. Appendix H. THE DECLARATION OF PARIS OF 1856. Declaration respecting Maritime Law, signed by the Plenipotentiaries of Great Britain, Austria, France, Prussia, Russia, Sardinia, and Turkey, assembled in Congress at Paris, April 16, 1856. (Translation.) The Plenipotentiaries who signed the Treaty of Paris of the thirtieth of March, one thousand eight hundred and fifty-six, assembled in Conference, — Considering : That maritime law, in time of war, has long been tlie subject of deplorable disputes ; That the uncertainty of the law and of the duties in such a matter gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts : That it is consequently advantageous to establish a uniform doctrine on so important a point ; That the Plenipotentiaries assembled in Congress at Paris cannot better respond to the intentions by which their Govern- ments are animated, than by seeking to introduce into inter- national relations fixed principles in this respect; The above-mentioned Plenipotentiaries, being duly authorized, resolved to concert among themselves as to the means of attaining this object: and, having come to an agreement, have adopted the following solemn Declaration: — 1. Privateeriim is, and remains, abolished; 2. The neutral fla<>- covers enemy's goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy. The Governments of the undersigned Plenipotentiaries engage to brino- the present Declaration to the knowledge of the States which have not taken part in the Congress of Paris, and to invite them to accede to it. Convinced that the maxims which theynow proclaim cannot but be received with gratitude by the whole world, the undersigned Plenipotentiaries doubt not that the efforts of their Governments fo obtain the general adoption thereof will be crowned with full success. Tin- Ih-chimtirm of Paris of 1856. 447 The present Declaration is nol and shall not be binding, except between those Powers who have acceded, or shall ace. -de. to it. Done at Paris, the sixteenth of April, one thousand eight hundred and fifty-six. (Signed) BUOL-SCHATTENSTEIN. EUBNER. WALEWSKI. BOTTRQUENEY. CLARENDON. COWLEY. MANTEUFFEL. EATZFELDT. ORLOFF. BRUNNOW. CAVOUR. DE VILLAMARINA. A ALL MEHEMMED DJEMIL. THE DECLARATION OF LONDON OF 1909. Declaration concerning the Laws of Naval War. (a) (Translation. (to) ) His Majesty the German Emperor, King of Prussia; the President of the United States of America; His Majesty the Emperor of Austria, King of Bohemia, &c, and Apostolic King of Hungary; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor of Japan; Her Majesty the Queen of the Xet herlands ; His Majesty the Emperor of All the Russias. Having regard to the terms in which the British Government invited various Powers to meet in conference in order to arrive at an agreement as to what are the generally recognized rules of international law within the meaning of Article 7 of the Conven- tion of 18th October. 1907. relative to the establishment of an International Prize Court; (a) The Order in Council of August 20th, 1!>U. printed at pp. 14:5-145 above, under the heading " DECLARATION OF London." provides that during the present hostilities the Declaration of London shall subject to certain additions and modifications be adopted and put in force by His Majesty's Government as if the same had been ratified by His Majesty (b) The Declaration was signed in the French language only. 448 The Declaration of London of 1909. Recognizing all the advantages which an agreement as to the said rules would, in the unfortunate event of a naval war, present, both as regards peaceful commerce, and as regards ihe belligerents and their diplomatic relations with neutral Govern- ments; Having regard to the divergence often found in the methods by which it is sought to apply in practice the general principles of international law ; Animated by the desire to insure henceforward a greater measure of uniformity in this respect ; Hoping that a work so important to the common welfare will meet with general approval ; Have appointed as their Plenipotentiaries, that is to say : His Majesty the German Emperor, King of Prussia : M. Kriege, Privy Councillor of Legation and Legal Adviser to the Department for Foreign Affairs, Member of the Permanent Court of Arbitration. The President of the United States of America : Rear-Admiral Charles H. Stockton, retired; Mr. George Grafton Wilson, Professor at Brown University and Lecturer on International Law at the Naval War College and at Harvard University. His Majesty the Emperor of Austria, King of Bohemia, &c, and Apostolic King of Hungary : His Excellency M. Constantin Theodore Thimbu, Privy Coun- cillor of His Imperial and Royal Apostolic Majesty, Envoy Extraordinary and Minister Plenipotentiary. His Majesty the King of Spain : M. Gabriel Maura y Gamazo, Count de la Mortera, Member of Parliament. The President of the Erench Republic : M. Louis Renault, Professor of the Faculty of Law at Paris, Honorary Minister Plenipotentiary, Legal Adviser to the Ministry of Foreign Affairs, Member of the Institute of France, Member of the Permanent Court of Arbitration. His Majesty the King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India : The Earl of Desart, K.C.B., King's Proctor. His Majesty the King of Italy : M. Guido Fusinato, Councillor of State, Member of Parlia- ment, ex-Minister of Public Instruction, Member of the Permanent Court of Arbitration. His Majesty the Emperor of Japan : Baron Toshiatsu Sakamoto, Vice-Admiral, Head of the Department of Naval Instruction; M. Enjiro Yamaza, Councillor of the Imperial Embassy at London. The Declaration of London of L909. 149 Her Majesty the Queen of the Netherland : His Excellency Jonkheer J. A. Roell, Aide-de-Camp to Hei Majesty the Queen in Extraordinary Service, Vice- Admiral retired, ex-Minister of Marine; Jonkheer L. II. Ruyssenaers, Envoy Extraordinary and .Minister Plenipotentiary, ex-Secretary-General of the Permanent Courl of Arbitration. His Majesty the Emperor of all the Rus>ia> : Baron Taube, Doctor of Laws, Councillor to the [mperial .Ministry of Foreign Affairs, Professor of International Law at the University of St. Petersburgh. Who, after having communicated their full powers, found to be in good and due form, have agreed to make the presant Declaration : — Preliminary Provision. The Signatory Powers are agreed that the rules contained in the following Chapters correspond in substance with the generally recognized principles of international law. Chapter I. Blockade in time of War.(a) Article 1. A blockade must not extent! beyond the ports and coasts belonging to Or occupied by tin- enemy. Article 2. In accordance with the Declaration of Paris of 1856,0*) a blockade, in order to be binding, must be effective — that is to say . it must be maintained by a force sufficient really to prevent access to the enemy coastline. Article 3. The question whether a blockade is effective is a question of fact. Article -i. A blockade is not regarded as raised if the blockading force is temporarily withdrawn on account of stress of weather. Aim ii'le 5. A blockade niu-t be applied impartially to the ships of all nations. (a) The Order in Council of August 20th, printed at pp. L43-145 above under the heading "Declaration of London" provides that the existence of a blockade shall be presumed to be known : — (") to all ships which sailed from or touched at an enemy port a sufficient time after the notification of the blockade to the local authorities to have enabled the enemy Government to make known the existence of the blockade. (b) to all ships which sailed from or touched at a British or allied port after the publication of the declaration of blockade. (b) Printed at p. 44(1 above. 5750 2 F 450 The Declaration of London of 1909. Article 6. The commander of a blockading' force may give permission to a warship to enter, and subsequently to leave, a blockaded port. Article 7. In circumstances of distress, acknowledged by an officer of the blockading force, a neutral vessel may enter a place under blockade and subsequently leave it, provided that she has neither discharged nor shipped any cargo there. Article 8. A blockade, in order to be binding, must be declared in accord- ance with Article 9, and notified in accordance with Articles 11 and 16. Article 9. A declaration of blockade is made either by the blockading Power or by the naval authorities acting in its name. It specifies — - (1.) The date when the blockade begins; (2.) The geographical limits of the coastline under blockade; (3.) The period within which neutral vessels may come out. Article 10. If the operations of the blockading Power, or of the naval authorities acting in its name, do not tally with the particulars, which, in accordance with Article 9 (1) and (2), must be inserted in the declaration of blockade, the declaration is void, and a new declaration is necessary in order to make the blockade operative. Article. 11. A declaration of blockade is notified — (1.) To neutral Powers, by the blockading Power by means of a communication addressed to the Governments direct, or to their representatives accredited to it; (2) To tfre local authorities, by the officer commanding the blockading force. The local authorities will, in turn, inform the foreign consular officers at the port or on the coastline under blockade as soon as possible. Article 12. The rules as to declaration and notification of blockade apply to cases where the limits of a blockade are extended, or where a blockade is re-established after having been raised. Article 13. The voluntary raising of a blockade, as also any restriction in the limits of a blockade, must be notified in the manner prescribed by Article 11. The Declaration of London of L909. 451 A a 1 1< ii. 14. The liability of a aeutral vessel to capture for breach of blockade is contingent on her knowledge, actual or presumptive, of the blockade. ARTICLE 15. Failing proof to the contrary, knowledge of the blockade is presumed if the vessel left a aeutral port subsequently to the notification of the blockade to the Power to which Buch port belong, provided that such notification was made in sufficient time. Abticlb 16. If a vessel approaching a blockaded port has no knowledge, actual or presumptive, of the blockade, the notification must be made to the vessel itself by an officer of one of the ships of the blockading force. This notification should be entered in the vessel's logbook, and must state the day and hour, and the geo- graphical position of the vessel at I he time. If through the negligence of the officer commanding the blockading force no declaration of blockade has been notified to the local authorities, or, if in the declaration, as notified, no period has been mentioned within which neutral vessels may come out, a neutral vessel coming out of the blockaded port must be allowed to pass free. Ai: in le IT. Neutral vessels may not be captured for breach of blockade except within the area of operations of the warships detailed to render the blockade effective. Article 18. The blockading forces must not bar access to neutral ports or coasts. Article 19. Whatever may be the ulterior destination of a vessel or of her cargo, she cannot be captured for breach of blockade, if. at the moment, she is on her way to a non-blockaded port. Article 20. A vessel which has broken blockade outwards, or which has attempted to break blockade inwards, is liable to capture so long as she is pursued by a ship of the blockading force. If the pursuit is abandoned, or if the blockade is raised, her capture can no longer be effected Article 21. A vessel found guilty of breach of blockade is liable to con- demnation. The cargo is also condemned, unless it is proved that at the time of the shipment of the goods the shipper neither knew nor could have known of the intention to break the blockade. 5750 2 F 2 462 The Declaration of London of 1909. Chapter II. (a) Contraband of War. (b) Article 22. Tlie following' articles may, without notice,(c) be treated as contraband of war, under the name of absolute contraband : — (1.) Arms of all kinds, including arms for sporting purposes, and their distinctive component parts. (2.) Projectiles, charges, and cartridges of all kinds, and their distinctive component parts. (3.) Powder and explosives specially prepared for use in war. (4.) Gun-mountings, limber boxes, limbers, military wag- gons, field forges, and their distinctive component parts. (5.) Clothing and equipment of a distinctively military character. (6.) All kinds of harness of a distinctively military character. (7.) Saddle, draught, and pack animals suitable for use in war. (8.) Articles of camp equipment, and their distinctive com- ponent parts. (9.) Armour plates. (10.) Warships, including boats, and their distinctive com- ponent parts of such a nature that they can only be used on a vessel of war. (11.) Implements and apparatus designed exclusively for the manufacture of munitions of war, for the manufacture or repair of arms, or war material for use on land or sea. Article 23. Articles exclusively used for war may be added to the list of absolute contraband by a declaration, which must be notified. Such notification must be addressed to the Governments of other Powers, or to their representatives accredited to the Power making the declaration. A notification made after the outbreak of hostilities is addressed only to neutral Powers. (a) The Order in Council of August 20th, printed at pp. 143-145 above under the heading " Declaration of London " provides that a neutral vessel which succeeded in carrying contraband to the enemy with false papers may be detained for having carried such contraband if she is encountered before she has completed her return voyage. (b) The Order in Council of August 20th, 1914, printed at pp. 143-145 above under the heading " Declaration of London " provides that the list of absolute contraband contained in the Proclamation of August 4th, 1914, printed ;tt pp. 108, 109 above under the heading " Contraband of War " shall be sub- stituted for tin- list contained in Article 22 of the Declaration. (c) In view of the difficulty of finding an exact equivalent in English for the expression " de plein droit," it has been decided to translate it by the words " without notice," which represent the meaning attached to it by the draftsman as appears from the General Report (see p. 479) printed below. The Declaration of London of 1909. 4.-33 (a)AB 1 [cle 24. The following articles, susceptible oi use in svai as well as for purposes of peace, may, without notice, (t>) be treated as contra- band of war, under the name ol conditional contraband: — (1.) Foodstuffs. (2.) Forage and grain, su i 1 ;t hie for feeding' animals. (■').) Cloth inn-, fabrics for clothing, and boots and ^lioes, suitable for use in war. (4.) Gold and silver in coin or bullion; paper money. (5.) Vehicles of all kinds available for use in war, and their component parts. (6.) Vessels, craft, and boats of all kinds; floating docks, parts of docks and their component parts. (7.) Railway material, both fixed and rolling-stock, ana material for telegraphs, wireless telegraphs, and telephones. (8.) Balloons and Hying machines and their distinctive com- ponent parts, together with accessories and articles recognizable as intended for use in connection with balloons and flying machines. (9.) Fuel : lubricants. <10.) Powder and explosives not specially prepared for use in war. (11.) Barbed wire and implements for fixing and cutting the same. (12.) Horseshoes and shoeing materials. (13.) Harness and saddlery. (14.) Field glasses, telescopes, chronometers, and all kinds of nautical instruments. Article 25. Articles susceptible of use in war as well as for purposes of peace, other than those enumerated in Articles 22 and 24, may be added to the list of conditional contraband by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23. (a ) The Order in Council of August 20th (printed at pp. 143-145 above, under the heading "Declaration OF London "), provides that the list of conditional contraband contained in the Proclamation dated August 4th, l'.M4 (printed at pp. 108, 109 above under the heading " Contraband op War "), shall be substi- tuted for the lists contained in Article 24 of the Declaration. The Proclama- tion of September 21st, printed at p. 1 1 1 above, under the heading " Contraband OF War," provides that the articles enumerated in the Schedule thereto will, not- withstanding anything contained in Article 28 of the Declaration of London, be treated as conditional Contraband. A full list of conditional Contraband is printed in Appendix A III. at p. 408 above. (b) In view of the difficulty of finding an exact equivalent in English for the expression " de plein droit," it has been decided to translate it by the words "without notice, - ' which represent the meaning attached to it by the draftsman as appears from the General Report (sre p. 4^1) printed below. 454 The Declaration of London of 1909. Aeticle 26. If a Power waives, so far as it is concerned, the right to treat as contraband of war an article comprised in any of the classes enumerated in Articles 22 and 24, such intention shall be announced by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23. Article 27. Articles which are not susceptible of use in war may not be declared contraband of war. (a)ARTiCLE 28. The following may not be declared contraband of war: — (1.) Eaw cotton, wool, silk, jute, flax, hemp, and other raw materials of the textile industries, and yarns of the same. (2.) Oil seeds and nuts; copra. (3.) Rubber resins, gums, and lacs; hops. (4.) Raw hides and horns, bones, and ivory. (5.) Natural and artificial manures, including nitrates and phosphates for agricultural purposes. (6.) Metallic ores. (7.) Earths, clays, lime, chalk, stone, including marble, bricks, slates and tiles. (8.) Chinaware and glass. (9.) Paper and paper-making materials. (10.) Soap, paint and colours, including articles exclusively used in their manufacture, and varnish. (11.) Bleaching powder, soda ash, caustic soda, salt cake, ammonia, sulphate of ammonia, and sulphate of copper. (12.) Agricultural, mining, textile, and printing machinery. (13.) Precious and semi-precious stones, pearls, mother-of- pearl, and coral. (14.) Clocks and watches, other than chronometers. (15.) Fashion and fancy goods. (16.) Feathers of all kinds, hairs, and bristles. (17.) Articles of household furniture and decoration; office furniture and requisites. Aeticle 29. Likewise the following may not be treated as contraband of war : — (1.) Articles serving exclusively to aid the sick and wounded. Thev can, however, in case of urgent military necessity (a) The Proclamation of September 21st, printed at p. Ill above, under the heading " CONTRABAND of War," provides that the articles enumerated in the Schedule thereto will, notwithstanding anything contained in Article 28 of the Declaration of London, be treated as conditional Contraband. Full lists of both absolute and conditional Contraband are printed in Appendix A TIT. at pp. 407. 408 above. The Declaration "J London of 1909. 455 and subject to the payment of compensation, be requisitioned, if their destination is that specified in Article 30. (2.) Articles intended for the use of tin- vessel in which they are found, as well as those intended for the use of bei crew and passengers during the vovaa A i; 1 l< I.K 30. Absolute contraband is liable to capture if it is shown to be destined to territory belonging to or occupied by the enemy, or to the armed forces of the enemy. It is immaterial whether the carriage of the goods is direct or entails transhipment or a subse- quent transporl by land. Article 31. Proof of the destination specified in Article 30 is complete in the following' cases: — (1.) When the goods are documented for discharge in an enemy port, or for delivery to the armed forces of the enemy. (2.) When the vessel is to call at enemy ports only, or when she is to touch at an enemy port or meet the armed forces of the enemy before reaching the neutral port for which the goods in question are documented. Article 32. Where a vessel is carrying absolute contraband, her papers are conclusive proof as to the voyage on which she is engaged, unless she is found clearly out of the course indicated by her papers, and* unable to give adequate reasons to justify such deviation. Article 33. Conditional contraband is liable to capture if it is shown to be be(a) destined for the use of the armed forces or of a government department of the enemj Slate, unless in this latter case the circumstances show that the goods cannot in fact be used for the purposes of the war in progress. This latter except ion does not apply to a consignment coming under Article 24 (4). (a) The Order in Council of August 20th, printed at pp. 143—14") above, under the heading " Declaration ok London " provides that the destination referred to in Article 33 may be inferred from any sufficient evidence, and (in addition to the presumption laid down in Article 34) shall be presumed to exist if theg< are consigned to or for an agent of the Enemy State or t<> >>v tor a merchant or other person under the control of the authorities of the Enemy State. 456 The Declaration of London of 1909. Ahticle 34. The destination referred to in Article 33 is presumed to exist it the goods are consigned to enemy authorities, or to a contractor established in the enemy country who, as a matter of common knowledge, supplies articles of this kind to the enemy. A similar presumption arises if the goods are consigned to a fortified place belonging to the enemy, or other place serving as a base for the armed forces of the enemy. No such presumption, however, arises in the case of a merchant vessel bound for one of these places if it is sought to prove that she herself is contraband. In cases where the above presumptions do not arise, the destina- tion is presumed to be innocent. The presumptions set up by this Article may be rebutted. Article 35. (a) Conditional contraband is not liable to capture, except when found on board a vessel bound for territory belonging to or occupied by the enemy, or for the armed forces of the enemy, and when it is not to be discharged in an intervening neutral port. The ship's papers are conclusive proof both as to the voyage on which the vessel is engaged and as to the port of discharge of the goods, unless she is found clearly out of the course indicated by her papers, and unable to give adequate reasons to justify such deviation. Article 36. Notwithstanding the provisions of Article 35, conditional con- traband, if shown to have the destination referred to in Article 33, is liable to capture in cases where the enemy country has no sea- board. Article 37. ■ A vessel carrying goods liable to capture as absolute or condi- tional contraband may be captured on the high seas or in the territorial waters of the belligerents throughout the whole of her voyage, even if she is to touch at a port of call before reaching the hostile destination. x\rticle 38. A vessel may not be captured on the ground that she has car- ried contraband on a previous occasion if such carriage is in point of fact at an end. (a) The Order in Council of August 20th, printed at pp. 143-145 above, under the heading " DECLARATION or London " provides that notwithstanding the pro- visions of Article 35 of the said Declaration, conditional contraband, if shown to have the destination referred to in Article 33, is liable to capture to whatever port the vessel is bound and at whatever port the cargo is to be discharged. The Declaration of London of L909. 457 A ttTH i.k 39. Contraband g Is are liable to condemnation. A in i< i.k 10. A vessel carrying contraband may be condemned it thecon- traband, reckoned either by value, weight, volume, or freight, forms more than half the cargo. A ttTICLE 41. If a vessel carrying contraband is released, she may be con- demned to pay the costs and expenses incurred by the captor in respect of the proceedings in the national prize court and the custody of the ship and cargo during the proceedings. Article \'2. Goods which belong to the owner of the contraband and arc on board the same vessel are liable to condemnation. Article 43. If a vessel is encountered at sea while unaware of the outbreak of hostilities or of the declaration of contraband which applies to her cargo, the contraband cannot be condemned except on payment of compensation; the vessel herself and the remainder of the cargo are not liable to condemnation or to the costs and expenses referred to in Article 41. The same rule applies if the master, after becoming aware of the outbreak of hostilities, or of the declaration of contraband, has had no opportunity of dis- charging the contraband. A vessel is deemed to be aware of the existence of a state of war, or of a declaration of contraband, if she left a neutral port subsequently to the notification to the Power to which such port belongs of the outbreak of hostilities or of the declaration of contraband respectively, provided that such notification was made in sufficient time. A vessel is also deemed to be aware of the existence of a state of war if she left an enemy port after the outbreak of hostilities. Article 1 1. A vessel which has been stopped on the ground thai -he is .•airying contraband, and which is not liable to condemnation on account of the proportion of contraband on board, may. when the circumstances permit, be allowed to continue her voyage it the master is willing to hand over the contraband to the belli- gerent warship. The delivery of the contraband must be entered by the captor on the logbook of the vessel stopped, and the master must give the captor duly certified copies of all relevant papers. The captor is at liberty to destroy the contraband that has been handed over to him under these conditions. 458 The Declaration of London of 1909. Chapter III. Unneutral Service. Article 45. A neutral vessel will be condemned and will, in a general way, receive the same treatment as a neutral vessel liable to condemna- tion for carriage of contraband : — (1.) If she is on a voyage specially undertaken with a view to the transport of individual passengers who are em- bodied in the armed forces of the enemy, or with a view to the transmission of intelligence in the interest of the enemy. (2.) If, to the knowledge of either the owner, the charterer, or the master, she is transporting a military detach- ment- of the enemy, or one or more persons who, in the course of the voyage, directly assist the operations of the enemy. In the cases specified under the above heads, goods belonging to the owner of the vessel are likewise liable to condemnation. The provisions of the present Article do not apply if the vessel is encountered at sea while unaware of the outbreak of hostilities, or if the master, after becoming aware of the outbreak of hostilities, has had no opportunity of disembarking the pas- sengers.- The vessel is deemed to be aware of the existence of a state of war if she left an enemy port subsequently to the out- break of hostilities, or a neutral port subsequently to the notifica- tion of the outbreak of hostilities to the Power to which such port belongs, provided that such notification was made in sufficient time. Article 40. A neutral vessel will be condemned and, in a general way, receive the same treatment as would be applicable to her if she were an enemy merchant A'essel : (1.) If she takes a direct part in the hostilities; (2.) If she is under the orders or control of an agent placed on board by the enemy Government; (3.) If she is in the exclusive employment of the enemy Government; (4.) If she is exclusively engaged at the time either in the transport of enemy troops or in the transmission of intelligence in the interest of the enemy. In the cases covered by the present Article, goods belonging to the owner of the vessel are likewise liable to condemnation. A EtTICLE IT. Any individual embodied in the armed forces of the enemy who is found on board a neutral merchant vessel, may be made a prisoner of war, even though there be no ground for the capture of the vessel. The Deel entitled to compensation. Ai; i i« i.i •> 1 . The captor has the righi to demand the banding over, oi to proceed himself to the destruction of, any goods liable to con- demnation found on board a vessel not herself liable to condemna- tion provided that the circumstances are such as would, under 460 The Declaration of London of 1909. Article 49, justify the destruction of a vessel herself liable to condemnation. The captain must enter the goods surrendered or destroyed in the log book of the vessel stopped, and must obtain duly certified copies of all relevant papers. When the goods have been handed over or destroyed, and the formalities duly carried out, the master must be allowed to continue his voyage. The provisions of Articles 51 and 52 respecting the obligations of a captor who lias destroyed a neutral vessel are applicable. Chapter V. Transfer to a Neutral Flag. Article 55. The transfer of an enemy vessel to a neutral flag, effected before the outbreak of hostilities, is valid, unless it is proved that such transfer was made in order to evade the consequences to which an enemy vessel,, as such, is exposed. There is, however, a presumption, if the bill of sale is not on board a vessel which has lost her belligerent nationality less than sixty days before the outbreak of hostilities, that the transfer is void. This presumption may be rebutted. Where the transfer was effected more than thirty days before the outbreak of hostilities, there is an absolute presumption that it is valid if it is unconditional, complete, and in conformity with the laws of the countries concerned, and if its effect is such that neither the control of, nor the profits arising from the employment of, the vessel remain in the same hands as before the transfer. If, however, the vessel lost her belligerent nation- ality less than sixty days before the outbreak of hostilities and if the bill of >ale is not on board, the capture of the vessel gives no right to damages. Article 50. The transfer of an enemy vessel to a neutral flag, effected after the outbreak of hostilities, is void unless it is proved that such transfer was not made in order to evade the consequences to which an enemy vessel, as such, is exposed. There, however, is an absolute presumption that a transfer is void — (1.) If the transfer has been made during a voyage or in a blockaded port. (2.) If a right to repurchase or recover the vessel is reserved to the vendor. (3.) If the requirements of the municipal law governing the right to fly the flag under which the vessel is sailing, have not been fulfilled. The Declaration of London of 1909. 4fil Chapter VI. Enemy Character. Article 57. Subject to the provisions respecting transfei to another flag the neutral or enemy character of a vessel is determined by the flail' which she is entitled to fly. The case where a neutral vessel is engaged in a trade which is closed in time of peace, remains outside the scope of, and is in no wise affected by, this rule. Article 58. The neutral or enemy character ot goods found on board an enemy vessel is determined by the neutral or enemy chara< of the owner. Ait i [cle 59. In the absence of proof of the neutral character of goods found on board an enemy vessel, they are presumed to be enemy goods. Article 60. Enemy good- on board an enemy vessel retain their enemy character until they reach their destination, notwithstanding any transfer effected after the outbreak of hostilities while the goods are being forwarded. If, however, prior to the capture, a former neutral owner exercises, on the bankruptcy of an existing enemy owner, a recognized legal righf to recover the goods, they regain their neutral character. Chapter VII. Convoy. Article 61. Neutral vessels under national convoy are exempt from search. The commander of a convoy gives, in writing, at the request ol the commander of a belligerent warship, all information as to the character of the vessels and their cargoes, which could be obtained by search. A RTICLE 62. [f the commander of the belligerent warship ha- reason to suspect that the confidence of the commander of the convoy has been abused, he communicates hi- suspicions to him. In such a case it is for the commander of the convoy alone 1<> invesi igate the matter. He must record the result of such investigation in a report, of which a copy is handed to the officer of the warship. It. iii tin' opinion of the commander of the convoy, the facts shown in the report justify the capture id one or more vessels, the protection of the convoy must be withdrawn from such vessels. 462 The Declaration of London of 1009. Chapter VIII. Resistance to Search. Article G3. Forcible resistance to the legitimate exercise of the right of stoppage, search, and capture, involves in all cases the condem- nation of the vessel. The cargo is liable to the same treatment as the cargo of an enemy vessel. Goods belonging to the master or owner of the vessel are treated as enemy goods. Chapter IX. Compensation. Article 64. If the capture of a vessel or of goods is not upheld by the prize court, or if the prize is released without any judgment being given, the parties interested have the right to compensation, unless there were good reasons for capturing the vessel or goods. FINAL PROVISIONS. Article 65. The provisions of the present Declaration must be treated as a whole, and cannot be separated. Article 66. The Signatory Powers undertake to insure the mutual obser- vance of the rules contained in the present Declaration in any war in which all the belligerents are parties thereto. They will there- fore issue the necessary instructions to their authorities and to their armed forces, and will take such measures as may be required in order to insure that it will be applied by their courts, and more particularly by their prize courts. Article 67. The present Declaration shall be ratified as soon as possible. The ratifications shall be deposited in London. The first deposit of ratifications shall be recorded in a Protocol signed by the Representatives of the Powers taking part therein, and by His Britannic Majesty's Principal Secretary of State for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the British Government, and accompanied by the instrument of ratification. A duly certified copy of the Protocol relating to the first deposit of ratifications and of the notifications mentioned in the preceding paragraph as well as of the instruments of ratification which accompany them, shall be immediately sent by the British Government, through the diplomatic channel, to the Signatory Powers. The said Government shall, in the cases contemplated in the preceding paragraph, inform them at the same time of the date on which it received the notification. The Declaration OJ London of L909. 463 Article 68. The present Declaration shall take effect, in the ease of ihe Powers which were parties to the firsl deposil of ratifications, sixty days after the date of the Protocol recording such deposit, and, in the case of the Powers which shall ratify subsequently, sixty days after the notification of their ratification shall have been received by the British Government. AllTICLE 69. In the event of one of the Signatory Powers wishing to de- nounce the present Declaration, such denunciation can only be made to take effect at the end of a period of twelve years, beginning sixty days after the first deposit of ratifications, and, after that time, 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 denouncing Power. Article 70. The Powers represented at the London Naval Conference attach particular importance to the general recognition of the rules which they have adopted, and therefore express the hope that the Powers which were not represented there will accede to the present Declaration. They request the British Government to invite them to do so. A Power which desires to accede shall notify its intention in writing to the British Government, and transmit simultaneously the act of accession, 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, together with the act of accession, and communicate the date on which uch notifi- cation was received. The accession takes effect sixty days after such date. In respect of all matters concerning this Declaration, acceding Powers shall be on the same footing as the Signatory Powers. Article 71. The present Declaration, which bears the date of the 26th February, 1909, may be signed in London up till 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 twenty-sixth day of February, one thousand nine hundred and nine, 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 diplo- matic channel to the Powers represented at the Naval Conference. ■464 General Report of Drafting Committee on Declaration of London. GENERAL REPORT PRESENTED TO THE NAVAL CONFERENCE ON BEHALF OF ITS DRAFTING COMMITTEE.(a) (b) (Translation. (c) ) ( >X the 27th February, 1908, the British Government addressed a circular to various Powers inviting them to meet at a Conference with the object of reaching an agreement as to the definition of the generally recognized principles of international law in the sense of Article 7, paragraph 2, of the Convention signed at The Hague on the 18th October, 1907, for the establishment of an International Prize Court. This agreement appeared necessary to the British Government on account of certain diver- gences of view which had become apparent at the Second Peace Conference in connection with the settlement of various important questions of international maritime law in time of war. The existence of these divergent views might, it seemed, render difficult the acceptance of the International Prize Court, as the power of this Court would be the more extended in proportion as the rules to be applied by it were more uncertain. The British Government suggested that the following questions might form the programme of the proposed Conference, and invited the Powers to express their views regarding them in preparatory Memoranda : (a.) Contraband, including the circumstances under which particular articles can be considered as contraband; the penalties for their carriage; the immunity of a ship from search when under convoy; and the rides with regard to compensation where vessels have been seized but have been found in fact only to be carrying innocent cargo; (b.)Blockade, including the questions as to the locality where seizure can be effected, and the notice that is necessary before a ship can be seized. (c.) The doctrine of continuous voyage in respect both of con- traband and of blockade ; (d.) The legality of the destruction of neutral vessels prior to their condemnation by a prize court; (e.) The rules as to neutral ships or persons rendering " un- neutral service " (" assistance hostile "); (a) This Committee consists of Messrs. Kriege (Germany), Wilson (United States of America), Dumba (Austria- Hungary), Estrada (Spain), Renault ( /'ranee) Reporter, Hurst (Great Britain), Ricci-Busatti (Italy), Sakamoto ( Japan), Ruyssenaers (Netherlands), Baron Taube (Russia). (b) The Order in Council of August 20tb, printed at pp. 143-145 above, under the heading " Declaration of London " provides that the General Report of tbe Drafting Committee on the s-aid Declaration presented to the Naval Con- ference and adopted by the Conference at the eleventh plenary meeting on February 25th, 1909, shall be considered by all Prize Courts as an authoritative statement of the meaning and intention of the said Declaration, and such Courts shall construe and interpret the provisions of the said Declaration by the light of the commentary given therein. (c) For the original French text of the Report see Parliamentary Paper - Miscellaneous No. 5 (190 f J\" p. 312. Ge/u nil Report of Drafting Committee on Declaration of London. 4fio (/.) The legality of the conversion of a merchant-vessel into a war-ship on the high seas; ((j.) The rules as to the transfer of merchantwessels from a belli acre n i in a neutral flag during or in contemplation of hostilities; (A.) The question whether the nationality or the domicile of the owner should be adopted as the dominant factor in deciding whether property is enemy property. The invitations were accepted, and the Conference met on the 4th December Last. The British Government had been so good as to assisl its deliberations by presenting a collection of papers which quickly became known among us by the name of the Red Book, and which, after a short introduction, contains a "State- ment of the views expressed by the Powers in their Memoranda, and observations intended to serve as a basis for the deliberations of the Conference." These are the "bases of discussion " which served as a starting-point for the examination of the chief ques- tions of existing- international maritime law. The Conference could net bui express its gratitude for tin- valuable preparatory work, which was of great assistance to it. It made it possible to observe, in the hist place, that the divergencies in the practices and doctrines of the different countries were perhaps less wide than was generally believed, that the essential ideas were often the same in all countries, and that the methods of application alone varied with traditions or prejudices, with permanent or accidental interests. It was, therefore, possible to extract a common element which it could be agreed to recommend for uniform application. This is the end to which the efforts of the di Heir ni Delegations tended, and they vied with one another in their zeal in the search for the grounds of a common under- standing. Their efforts were strenuous, as is shown by the pro- longed discussions of the Conference, the Grand Committee, and the Examining Committees, and by the numerous proposals which were presented. Sailors, diplomatists, and jurists cordially co- operated in a work the description of which, rather than a final estimate of its essential value, is the object of this Report, as our impartiality might naturally be suspected. The body of rules contained in the Declaration, which is the result of the deliberations of the Naval Conference, and which is to be entitled Declaration concerning the laws of naval war, answers well to the desire expressed by the British Government in its invitation of Fein nary 1908. The questions in the pro- gramme are all settled except two, with regard to which explana- tions will be given later. The solutions have been extracted from the various views or practices which prevail, and represent what may be called the media sententia. They are not always, in absolute agreement with the views peculiar to each country, but they shock the essential ideas oi none. They must not be examined separately, but as a whole, otherwise there is a risk of the most serious misunderstandings. In fact, if one or more isolated rules are examined either from the belligerent or the neutral point of view, the reader may find that the interests with 5750 - ,; 466 General Report of Drafting Committee on Declaration of London. which he is especially concerned are jeopardized by the adoption of these rules. But they have another side. The work is one of compromise and mutual concessions. Is it, as a whole, a good one? We confidently hope that those who study it seriously will answer that it is. The Declaration puts uniformity and certainty in the place of the diversity and obscurity from which inter- national relations have too long suffered. The Conference has tried to reconcile in an equitable and practical way the rights of belligerents with those of neutral commerce; it consists of Powers whose conditions, from the political, economic, and geographical points of view, vary considerably. There is there- fore 3 reason to suppose that the rules on which these Powers have agreed take sufficient account of the different interests involved, and hence may be accepted without objection by all the others. The Preamble of the Declaration summarizes the general ideas just set forth. Having regard to the terms in which the British Government invited carious Powers to meet in conference in order to arrive at an agreement as to what are the generally recognized rules of international law within the meaning of Article 7 of the Con- vention of the 18th October, 1907, relative to the establishment of an International Prize Court; Recognizing all the advantages which an agreement as to the .i duration of London. 467 1. The programme mention- under bead (J) : the legality of the conversion of a merchant vessel into a warship on the high seas. The conflicting views on this subjed which became apparent at the Conference of The Hague in .1907, have recurred at the present Conference, h may lie concluded, hoth from the statements in the Memoranda and tKmi the discussion, that there is do generally accepted rule on this point, dot do there appear to l>e any pre- cedents which can be adduced. Though the two opposite opinions were defended with ureal warmth, a lively desire for an under- standing was expressed on all sides; everybody was at least agreed that it would he a great advantage to put an end to uncertainty. Serious efforts were made to do justice to the interests espoused by both sides, but these unfortunately tailed. A subsidiary question dependent on the previous one, on which, at one moment, it appeared possible to come to an agreement, is that of reconversion . According to one proposal, it was to be laid down that " merchant vessels con verted into warships cannot be reconverted into mer- chant vessels during the course of the war." The rule was absolute, and made no distinction as regards the place where reconversion could be effected; it was dictated by the idea that such conversion would always have disadvantages, would be pro- ductive of surprises, and lead to actual frauds. As unanimity in favour of this proposal was not forthcoming, a subsidiary one was brought forward, viz., " the conversion of a warship into a merchant vessel on the high seas is forbidden during the war." The case had in view was that of a warship ('generally a recently converted merchant vessel) doffing its character so as to be able freely to revictual or refit in a neutral port without bein.u- bound h\ the restrictions imposed on warships. Will not the position of the neutral State between two belligerents be delicate, and will not such State expose itself to reproach whether it treats the newly converted ^hip as a merchant vessel or as a warship? Agreement might perhaps have been reached on this proposal, but it seemed very difficult to deal with this secondary aspect of a question which there was no hope of settling as a whole. This was the decisive reason for the rejection of all proposals. The question of conversion on the high m';i- and that of reconver- sion therefore remain open. (2.) Under head (//), the British Programme mentions: the question whether the nationality or the domicile of the owm r should he adopted ns the dominant factor in deciding whether property in enemy property. This question was subjected to a searching examination by a special Committee, which had to acknowledge the uncertainty of actual practice; it was proposed to put an end to this by the following provisions: — "' The neutral or enemy character oi goods found on board an enemy vessel is determined by the neutral or enemy nationality of their owner, or. if he is of no nationality or of double nationality (i.e., both neutral and enemy). by his domicile in a neutral or enemy country : " Provided thai goods belonging to a limited liability or joint stock company are considered as neutral or enemy accord ing as the company has its headquarters in a neutral or enemy country." 5750 -' <; - 468 General Report of Drafting Committee on Declaration of London. Unanimity not being forthcoming, these provisions remained without effect. We now reach the explanation of the Declaration itself, on which we shall try, by summarizing the Reports already approved by the Conference, to give an exact and uncontroversial com- mentary; this, when it has become an official commentary by receiving the approval of the Conference, may serve as a guide to the different authorities — administrative, military, and judicial — who may be called on to apply it. PRELIM IN A R Y PRO VISION . The Signatory Powers arc agreed that the rule- contained in the following Chapters correspond in substance with the generally recognized principles of international law. This provision dominates all the rules which follow. Its spirit has been indicated in the general remarks to be found at the beginning of this Report. The purpose of the Conference has, above all, been to note, to define, and, where needful, to complete what might be necessarv as customarv law. Chapter I. BLOCKADE IN TIME OF WAR. Blockade is here regarded solely as an operation of war, and there is no intention of touching in any way on what is called pacific blockade. Article 1. A blockade must not extend beyond the iwrt* and coasts belong- ing to or occupied by the enemy. Blockade, as an operation of war, can be directed by a bellig- erent only against his adversary. This very simple rule is laid down at the start, but its full scope is apparent only when it is read in connection with Article 18. Article 2. In accordance with the Declaration of Paris of 1856, a blockade, in order to be binding, must be effective — that is to say. it must be maintained by a force sufficient really to prevent access to the enemy coastline. The first condition necessary to render a blockade binding is that it should be effective. There has been universal agreement on this subject for a long time. As for the definition of an effec- tive blockade, we thought that we had only to adopt the one to be found in the Declaration of Paris of the 16th April, 1856, which, conventionally, binds a great number of States, and is in fact accepted by the rest. General Report of Drafting CommitU < on Declaration of London. 469 Article 3. The question whether a blockade i effectivi •■ a question of fact. It is easily to be understood that difficulties often arise on the question whether a blockade is effective or not; opposing interests are at stake. The blockading belligerenl wishes to economize bifi efforts, and aeutrals desire theii trade to be as little bampered as possible. Diplomatic protests bave sometimes been made on this subject. The point may be a delicate one, because no absolute rule can be Laid down as to the oumber and position of the block- ading 9hips. All depends on matters of Bad and geographical conditions. In • case a single ship "ill suffice to blockade a port a-- effectively a- possible, whereas in another a whole fleel may not be enough really to prevent aeeess to one or mote ports declared to he blockaded. It is therefore essentially a question of fact, to be decided on the merits of each case, and not according to a formula drawn up beforehand. Who shall decide it? The judicial authority. This will be, in the first place, the aational tribunal which is called on to pronounce as to the validity of the prize and which the vessel captured for breach of blockade can ask to declare the capture void, because the blockade, not being effective, was not binding. This resorl bas always existed; it may not always have given satisfaction to the Power- concerned, because they may have thought that the national tribunal was rather naturally led to consider effective the blockade declared to 1, . so by it- Government. But, when the International Prize Court Convention comes into. force, there will be an absolutely impartial tribunal, to which neutrals may apply, and which will decide whether, in a given case, the blockade was effective or not. The possibility of this resort, besides allowing certain injustices to he redressed, will most likely bave a preventive effect, in that a Government will take care to establish its.bloekades in such a way that their effect cat! not be annulled by decisions which would inflict on it a heavy loss. The full scope of Article 3 is thus s< when it is understood that the question with which it deals musl be settled by a Court. The foregoing- explanation is inserted in the Report at the request of the Committee, in order to remove all possibility of misunderstanding. Article 4. A blockade is not regarded as raised if the blockading force is temporarily withdrawn on account of stress of weather. It is not enough for a blockade to be established; it must be maintained If it is raised it may be re-established, but this requires the observance of the same formalities as though it were established for the first time. By tradition, a blockade is not regarded as raised when it i- in consequence of stress of weather that the blockading forces are temporarily withdrawn. This is laid down in Article 4. It musi be considered limitative in the sense that -tress of weather is the only form of compulsion which can be alleged. If tin- blockading fore- were withdrawn for any other reason, the blockade would be regarded as raised, and, if it were resumed, Articles 12 (last rule') and 13 would apply. 470 Genera] Report of Drafting Committee on Declaration of London. Article 5. A blockade must be applied impartially to the slaps of all nations. Blockade, as an operation of lawful warfare, must be- respected by neutrals in so far as it really remains an operation of war which has the object of interrupting' all commercial relations with the blockaded port. It may not be made the means of allowing- a belligerent to favour the vessels of certain nations by letting them pass. This is the point of Article 5. Article 6. Tlie commander of a blockading force mag give permission to a warship to enter, and subsequently to leave, a blockaded port. Does the prohibition which applies to all merchant vessels apply also to warships? No definite reply can be given. The commander of the blockading forces may think it useful to cut off all communication with the blockaded place, and refuse access to neutral warships; no rule is imposed on him. If he lets them in, it is as a matter of courtesy. If a rule has been drawn up merely to lay down this, it is in order that it may not be claimed that a blockade has ceased to be effective on account of leave granted to such and such neutral warships. The blockading commander must act impartially, as stated in Article 5. Nevertheless, the mere fact that he has let a warship pass does not oblige him to let pass all neutral warships which may come. It is a question of judgment. The presence of a neutral warship in a blockaded port may not have the same consequences at all stages of the blockade, and the commander must be left free to judge whether he can be courteous without making any sacrifice of his military interests. Article 7. In circumstances of distress, acknowledged bg an officer of the blockading force, a neutral vessel mag enter a place under blockade, and subsequentlg leave it, provided that she has neither discharged nor shipped any cargo there. Distress can explain the entrance of a neutral vessel into a blockaded place, for instance, if she is in want of food or water, or needs immediate repairs. As soon as her distress is acknow- ledged by an authority of the blockading force, she may cross the line of blockade; it is not a favour which she has to ask of the humanity or courtesy of the blockading authority. The latter may deny the state of distress, but when once it is proved to exist, the consequence follows of itself. The vessel which has thus entered the blockaded port will not be obliged to remain there for the whole duration of the blockade ; she may leave as soon as she is fit to do so, when she has obtained the food or water which she needs, or when she has been repaired. But the leave granted to her must not be made an excuse for com- mercial transactions; therefore she is forbidden to discharge or ship any cargo. (irtiiriil lie port of Drafting Committa on I declaration of London. 471 It is needless Id say thai a blockading squadron which insisted on preventing a vessel in distress from passing, mighi do so if she afforded her the help which she needed. .1 rticle X. A blocka.de, iii order to be binding, must be declared in accord- ance with A i iieli 9 3 and notified in accordance with Art nli- 11 and 16. Independently of the condition prescribed by the Declaration of Paris that it must he effective, a blockade, t<. he binding, must he declared and notified. Article 8 confines itself to laying down the principle which is applied by the following Articles. To remove all possibility of misunderstand ing it i- enough to define clearly the meaning' of these two expressions, which will frequently be used. The declaration of blockade is the act of the competent authority (a Government or commander of a squadron) stating that a blockade i-. or is about to he. established under conditions to be specified (Article !)). The notification \< the fact cf bringing the declaration of blockade to the know- Ledge of t he neutral Powers or of certain authorities ( Art Lcle 1 1 I . These two things — declaration and notification — will in most cases be done previously to the enforcement of the rules of blockade, that is to say, to the real prohibition of passage. Nevertheless, as we shall see later, it is sometimes possible for passage to be forbidden by the very fact of the blockade which is brought to the knowledge of a vessel approaching a blockaded port by means of a notification which is special, whereas the notification which has just been defined, and which is spoken of in Article 11, is of a general character. Article 9. .1 declaration of blockade is made either by the blockading Power or by the naval authorities acting in its name. It specifies — (1.) The date when the blockade begins; (2.) The geographical limits, of the coastline under blockade; (3.) The period within which neutral vessels mag come out; The declaration of blockade in most cases emanates from the belligerent Government itself. That Government may have left the commander of its naval forces free himself to declare a blockade according to the circumstances. There will not, perhaps, be as much reason as formerly to give this discretion, because of the ease and rapidity of communication. This, being merely an internal question, matters little. The declaration of blockade must specify certain points which it is in the interest of neutrals to know, in order to be aware of the extent of their obligations. The moment from which it is forbidden to communicate with the blockaded place must be exactly known. It is important, as affecting the obligations 472 General Report of Drafting Committee on Declaration of London. botli of the blockading- Power and of neutrals, that there should be no uncertainty as to the places really blockaded. Finally, the custom has long- been established of allowing- neutral vessels which arc in the blockaded port to leave it. This custom is here confirmed, in the sense that the blockading Power must allow a period within which vessels may leave; the length of this period is not fixed, because it clearly depends on very varying circum- stances, but it is understood that the period should be reasonable. Article 10. If the operations of the blockading Power, or of the naval authorities acting in its name, do not tally with the particulars, which, in accordance with Article 9 (1) and (2), must be inserted in the declaration of blockade, the declaration is void, and a new declaration is necessary in order to make the blockade operative. The object of this article is to insure the observance of Artie ie 9. Supposing the declaration of blockade contains statements which do not tally with the actual facts; it states that the blockade began, or will begin, on such a day, whereas, in fact, it only began several days later. Its geographical limits are inaccurately given; they are wider than those within which the blockading forces are operating. What shall be the sanction? The nullity of the declaration of blockade, which prevents it from being operative. If then, in such a case, a neutral vessel is captured for breach of blockade, she can refer to the nullity of the declaration of blockade as a plea for the nullity of the capture; if her plea is rejected by the national tribunal, she can appeal to the International Court. To avoid misunderstandings, the significance of this provision must be noticed. The declaration states that the blockade begins on the 1st February, it really onh/ begins on the 8th. It is needless to say that the declaration had no effect from the 1st to the 8th, because at that time there was no blockade at all; the declaration slates a fact, but does not take the place of one. The rule goes further : the declaration shall not even be opera- tive from the 8th onwards ; it is definitely void, and another must be made. There is no question here of cases where Article 9 is disregarded by neglect to allow neutral vessels in the blockaded port time to leave it. The sanction could not be the same. There is no reason to annul the declaration as regards neutral vessels wishing to enter the blockaded port. A special sanction is needed in that case, and it is provided by Article 16, paragraph 2. .1 rticle 11. ,4 declaration of blockade is notified — (1.) Jo neutral Powers, by the blockading Power by means of a communication addressed to the Governments direct, or fa their representatives accredited to it: (2.) To the local authorities, by the officer commanding the blockading force. The local authorities will, in turn, inform the foreign consular officers at the port or on tlic coastline under blockade as soon as possible. General Report of Drafting Committee on Declaration of London. 473 A declaration of blockade lb no1 valid unless notified. The observance of a rule can only be required by those who have the opportunity of knov ing it. Two notifications must be made: — 1. The first is addressed to neutral Powers by the belligerent Power, which communicates 11 to the Governme] themselves or to their representatives accredited to it. The communication to the Governments will in inn.i c ;1S cs bo made through the diploma snts; it might happen thai a belligerenl had qo diplomatic relations with a neutral country; he will then addr< - himself, ordinarily by telegraph, directly to the Government of that country. It is the duly of the neutral (iovemments advised of tin' declaration of blockade to take the accessary measures to dispatch the aewa to the differenl parts of their territory, especially their ports. 2. The second notification is made by the commander of 1 blockading Eorce to the local authorities. These musl inform, as soon as possible, the foreign Consuls re- siding at the blockaded place or on the blockaded coastline. Those authorities would be responsible for the neglect of this obligation. Neutrals might suffer loss from the fact of not having been informed of the blockade in sufficient time. Article 12. The rules as to declaration and notification of blockade apply to cases where the limits of a blockade are extended, or where a blockade is re-established offer having been raised. Supposing a blockade is extended beyond its original limits: as regards the new part, it is a new blockade, and. in consequence, the rules as to declaration and notification must be applied to it. The same is true in cases where a blockade is re-established after having been raised; the fact that a blockade has already existed in the same locality must not be taken into account. .1 rticle 13. The voluntary raising of a blockade, as also any restriction in the limits of a blockade, must be notified in the manner prescribed by .1 rticle 1.1. If it is indispensable to know of the establishment of a blockade, it would at Least be useful for the public to be told of it- raising, since it puts an end to the restrictions imposed on the relations of neutrals with the blockaded port. It has therefore been thought fit to ask the Power which raises a blockade to make known the fact in the form in which it has notified the estab- lishment of the blockade (Article 11). Only it musl be observed that the sanction could not tie the 3ame in the two cases. To ensure the notification of the declaration of blockade there is a direct and adequate sanction: an unnotified blockade is not binding. In the case of the raising there can be no parallel to 474 General Report of Drafting Committee on Declaration of London. this. The public will really gain by the raising, even without being told of it officially. The blockading Power which did not notify the raising would expose itself to diplomatic remon- strances on the ground of the non-fulfilment of an international duty. This non-fulfilment will have more or less serious con- sequences, according to circumstances. Sometimes the raising of the blockade will really have become known at once, and official notification would add nothing to this effective publicity. It is needless to add that only the voluntary raising of a blockade is here in question ; if the blockading force has been driven off by the arrival of enemy forces, it cannot be held bound to make known its defeat, which its adversary will undertake to do without delay. Instead of raising a blockade, a belligerent may confine himself to restricting it; he only blockades one port instead of two. As regards the port which ceases to be included in the blockade, it is a case of voluntary raising, and consequently the same rule applies. Article 14. The liability of a neutral vessel to capture for breach of blockade is contingent on her knowledge, actual or presumptive, of tin blockade. For a vessel to be liable to capture for breach of blockade, the first condition is that she must be aware of the blockade, because it is not just to punish some one for breaking a rule which he does not know. Nevertheless, there are circumstances in which, even in the absence of proof of actual knowledge, knowledge may be presumed, the right of rebutting this presumption being always reserved to the party concerned (Article 15). Article 15. Fail ing proof to the contrary, knowledge of the blockade is presumed if the vessel left a neutral port subsequently to the notification of the blockade to the Power to which such port belongs, provided that such notification was made in sufficient time. A vessel has left a neutral port subsequently to the notification of the blockade made to the Powers to which the port belongs. Was this notification made in sufficient time, that is to say, so as to reach the port in question, where it had to be published by the port authorities? That is a question of fact to be examined. If it is settled affirmatively, it is natural to suppose that the vessel was aware of the blockade at the time of her departure. This presumption is not however absolute, and the right to adduce proof to the contrary is reserved. It is for the incriminated vessel to furnish it, by showing that circumstances existed which explain her ignorance. Article 16. If a vessel approaching a blockaded port has no knowledge^ actual or presumptive, of the blockade, the notification must be (i( in nil Report of Drafting Committee on Declaration of London. 475 made to the vessel Itself by an officer of one of the ships of tfu blockading force. This notification should he entered in the vessel's logbook, and must state the day and hour, and the geo- graphical position of the vessel at the timi . If through the negligence of the officer commanding the blockading force no declaration of blockadi ho- Inn, notified to the Ineiil author/ties, or, if in the declaration, as notified, no period has I, ecu mentioned irithin irhich neutral vessels may C0VH out, n iic ut ml vessel com in a out of the blockaded ii<>n must In allowed to pass free. A vessel is supposed to lie approaching ;i blockaded port without its being possible to tell whether she knows or is pre- sumed to know of the existence of the blockade; no notification in the sense of Article 11 has reached her. In thai case a special notification is necessary in order thai the vessel may be duly informed of the fact of the blockade. This notification is made to the vessel herself by an officer of one of the warships of the blockading tone, and is entered on the vessel's log-book. It may be made to the vessels of a convoyed fleet by a neutral warship through tiie commander of the convoy, who acknowledges receipt of it and takes the necessary measures to have the notification entered on the Logbook of each vessel. The entry notes the time ;ind place where it is made, and the names of the blockaded places. The vessel is prevented from passing, and the blockade is thus made binding for her, though not previously notified; this adverb is therefore omitted in Article 8. It cannot be admitted that a merchant vessel should claim to disregard a real blockade, and to break it for the sole reason that she was not personally aware of it. But, though she may be prevented from passing, she may only be captured when she tries to break blockade after receiving the notification. This special notification is seen to play a very small part, and must not be confused with the special notification absolutely insisted on by the practice of certain navies. What has just been said refers to the vessel coming in. The vessel leaving the blockaded port must also be considered. If a regular notification of the blockade has been made to the local authorities (Article 11 (2) ), the position is simple: the vessel is, or is presumed to be, aware of the blockade, and is therefore liable to capture in case she has not kept to the period for leaving allowed by the blockading Power. But it may happen that no declarati >1 blockade has been notified to the Local authorities, or that that declaration has contained no mention of the period allowed for leaving, in spite of the rule prescribed by Article 9 (3). The sanction of the blockading Power's offence is that the vessel musi 1),. allowed to go free. It is a strong sanction, which corresponds exactly with the nature of the offence committed, and will be the best means of preventing its commission. It is needless to say that this provision only concerns vessel- to which the period allowed for leaving would have been of use — that is to say, neutral vessels which were in the port at the time when the blockade was established: it has nothing to do with wssels which are in the port after having broken blockade. 476 General Report of Drafting Com nutter on Declaration of London. The commander of the blockading squadron may always repair his omission or mistake, make a notification of the blockade to the local authorities, or complete that which he has already made. As is seen from these explanations, the most ordinary case is assumed — that in which the absence of notification implies negli- gence on the part of the commander of the blockading forces. The situation is clearly altogether changed if the commander has done all in his power to make the notification, but has been prevented from doing so by lack of good-will on the part of the local authorities, who have intercepted all communications from outside. In that case he cannot be forced to let pass vessels which wish to leave, and which, in the absence of the prescribed notification and of presumptive knowledge of the blockade, are in a position similar to that contemplated in Article 16, paragraph 1. Article IT. Seutral vessels may not be captured for breach of blockade except within the area of operations of the warships detailed to render the blockade effective. The other condition of the liability of a vessel to capture is that she should be found within the area of operations of the warships detailed to make the blockade effective ; it is not enough that she should be on her way to the blockaded port. As for what constitutes the area of operations, an explanation has been given which has been universally accepted, and is quoted here as furnishing the best commentary on the rule laid down by Article IT : — " When a Government decides to undertake blockading operations against some part of the enemy coast it details a certain number of warships to take part in the blockade, and intrusts the command to an officer whose duty is to use them for the purpose of making the blockade effective. The commander of the naval force thus formed posts the ships at his disposal according to the line of the coast and the geographical position of the blockaded places, and instructs each ship as to the part which she has to play, and especially as to the zone which she is to watch. All the zones watched taken together, and so organized as to make the blockade effective, form the area of opera- lions of the blockading naval force. ; The area of operations so constituted is intimately con- nected with the effectiveness of the blockade, and also with the number of ships employed on it. ' Cases may occur in which a single ship will be enough to keep a blockade effective, — for instance, at the entrance of a port, or at the mouth of a river with a small estuary, so long as circumstances allow the blockading ship to stay near enough to the entrance. In that '••isc the area of operations is itself near the coast. But, on the other hand, if circumstances force her to remain far off, one ship may not be enough to secure effectiveness, and to maintain tin's she will then have to General Report of Drafting Committee on Declaration of London. be supported by others. From thie cause the area of operations becomes voider, and extends further from the coast. It may therefor., vary mth circumstances, and with the number of blockading ships, hut rl will always be Limited b 5 the condition thai effectiveness must be assured. ,. « 1, does aol seem possible to as the Limits of the area ot operations in definite agures, any more than to I beforehand and definitely the aumber of ships d 3 an to assure the effectiveness of any blockade. Lnese ((n;i .. mll , be settled according to circumstances in ;, ;H . h particular case of a blockade. This might per- haps be done at the time of making the declaration. »It i s dear that a blockade will not be established in the same way on a defenceless coast as on one possessing all modern means of defence. In the latter case there ,ould be no question of enforcing a rule such as thai which formerly required that ship- should be stationary and sufhVientl'v close to the blockaded places; the posi- tion would be too dangerous for the ships ot the blockading force which, besides, now possess mo powerful means of watching effectively a much wider zone than formerly. •• The area of operations of a blockading naval force may be rather wide, but as it depends on the number of ships contributing to the effectiveness of the blockade, and is always limited by the condition that it should be effective, it will never reach distant seas where mer- chant vessels sail which are, perhaps, making for the blockaded ports, but whose destination is contingent on the changes which circumstances may produce in the blockade .luring their voyage. To sum up, the idea of the area of operations joined with that ot effectiveness, as we have tried to define it, that is to say including the zone of operations of the blockading forces, allows the belligerent effectively to exercise the right of blockade which he admittedly possesses and. on the other hand, saves neutrals from exposure to the drawbacks of blockade at a great distance, while rl leaves them free to run the risk which they knowingly incur by approaching points to which access is for- bidden by the belligerent." Artich 18. Tin blockading forces must not bar access in neutral ports 01 coasts. . Tli is rule has been thoughl necessary the better to protect the commercial interests of neutral countries; it completes Article 1. according to which a blockade must not extend beyond the ports and coasts of the enemy, which implies that, as it is an operation of war, it must not be directed against a neutral port, in spite of the importance to a belligerent of the part played by that neutral port in supplying his adversary. 477 478 General Report of Drafting Committee on Declaration of London. Article 19. Whatever may be the ulterior destination of a vessel or of Iter cargo, she cannot he captured for breach of blockade, if, at the n oment, she is ) be treated as contraband of war, under the name of conditional contraband: — (1.) Foodstuff's. (2.) Forage and grain, suitable for feeding animals. (3.) Clothing, fabrics for clothing, and boots and shoes, suitable for use in war. (4.) Gold and silver in coin or bullion; paper money. (F>.) Vehicles of all kinds available for use in war, and their component parts. (6.) Vessels, craft, and boats of all kinds; floating docks, parts of docks and their component parts. (7.) Railway material, both fixed and rolling stock, and material for telegraphs, xoireless telegraphs, and telephones. <8.) Balloons and flying machines and their distinctive com- ponent parts; together with- accessories and articles recognizable as intended for use in connection with balloons and flying machines. (9.) Fuel; lubricants. (10.) Powder and explosires not specially prepared for use in war. (11.) Barbed wire dnd implements for fixing and cutting the same. (12.) Horseshoes and shoeing materials, (13.) Harness and saddlery. (14.) Field glasses, telescopes, chronometers , and all kinds of nautical instruments. On the expression de plein droit (without notice) the same remark must be made as with regard to Article 22. The articles enumerated are only conditional contraband if they have the destination specified in Article 33. Foodstuffs include products necessary or useful for sustaining man, whether solid or liquid. Paper money only includes inconvertible paper money, i.e., banknotes which may or not be legal tender. Bills of exchange and cheques are excluded. Engines and boilers are included in (6). Railway material includes fixtures (such as rails, sleepers, turntables, parts of bridges), and rolling stock (such as locomo- tives, carriages, and trucks). (a) In view of the difficulty of finding an exact equivalent in English for the expression "de plein droit," it has been decided to translate it by the words " without notice," which represent the meaning attached to it by the draftsman of the present General Report. 5750 2 It 482 General Report of Drafting Committee on Declaration of London. Article 25. ArtifU s susceptible of use in war as well as for purposes of peace, other than those enumerated in Articles 22 and 24, may be added to the list of conditional contraband by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23. This provision corresponds, as regards conditional contraband, to that in Article 23 as regards absolute contraband. -©* Article 26. If a Power waives, so far as it is concerned, the right to treat as contraband of war an article comprised in any of the classes enumerated in Articles 22 and 24, such intention shall be announced by a declaration, which must be notified in the manner provided for in the second paragraph of Article 23. A belligerent may not wish to use the right to treat as contra- band of war all the articles included in the above lists. It may suit him to add to conditional contraband an article included in absolute contraband or to declare free, so far as he is concerned, the trade in some article included in one class or the other. It is desirable that he should make known his intention on this subject, and he will probably do so in order to have the credit of the measure. If he does not do so, but confines himself to giving instructions to his cruisers, the vessels searched will be agreeably surprised if the searcher does not reproach them with carrying what they themselves consider contraband. Nothing can prevent a Power from making such a declaration in time of peace. See what is said as regards Article 23. »> Article 27. Articles which are not susceptible of use in war may not be declared contraband of war. The existence of a so-called free list (Article 28) makes it useful thus to put on record that articles which cannot be used for purposes of war may not be declared contraband of war. It might have been thought that articles not included in that list might at least be declared conditional contraband. Article 28. The following may not be declared contraband of war: — (1.) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of the textile industries , and yarns of the sniiie. (2.) Oil seeds and nuts; copra. (3.) Rubber, resins, gums, and lacs; hops. (4.) Raw hides and horns, bones, and ivory. (5.) Natural and artificial manures, including nitrates and phosphates for agricultural purposes. (6.) Metallic ores. General Tleport of Drafting Committei on Declaration of London. T.i Earths, clays, Jinn, chalk, stone, including marble, bricks, slates and tiles. I 8. ; China-ware and glass. ). i Paper and paper-making materials. (10.) Soap, paint and colours, including articles exclusively used in their manufacture, and vami&L. (11.) Bleaching powder, soda ash } caustic soda, salt cake, ammonia, sulphate of ammonia, and sulphaU copper. (12.) Agricultural, mining, textile, and printing machinery. (13.) Precious and semi-precious stones, pearls, mother-of- pearl, dud coral . (14.) Clocks and watches, oilter than eh milometers. (15.) Fashion and fancy poods. (16.) Feathers of all hinds, hairs, and hristles. (17.) Articles of household furniture and decoration; office furniture and requisites. To lessen the drawbacks of war as regards neutral trade it has been thought useful to draw up this so-called free list, but this does not mean, as has been explained above, thai all articles outside it might be declared contraband of war. The ores here referred to are the product of mines from which metals are derived. There was a demand thai dyestufs should be included in (10), but this seemed too general, for there are materials from which colours are derived, such as coal, which also have other us.-. Products only used for making colours enjoy the exemption. ' Articles de Paris," an expression the meaning of which is universally understood, come under (15). (16) refers to the hair of certain animals, such as pigs ami \\ ild boars. Carpets and mats come under household furniture and orna- ments (IT ). Article 29. Likewise the following may not be treated as contraband of tear .• — (1. 1 Articles serving exclusively to aid the sick and wounded. 'I hep can, however, in case of urgent military nea - sitp, and. subject to the papment of compensation, be requisitioned, if their destination is that specified in Article 30. (2.) Articles intended for the use of the vessel in which they are found, as well as those intended for t/ie use. of her CreW and passenpers durinp the ropapc. The articles enumerated in Article 29 are also excluded from treatment as contraband, but for reasons difterenl from those which have led to the inclusion of the list in Article 28. Motives of humanity hav t > exempted articles exclusively used to aid the sick and wounded, which, of course, include drugs and different medicines. This does not refer to hospital-ships, which enjoy special immunity under the convention of The Hague of 5750 •_> || 2 484 General Report of Drafting Committee on Declaration of London. the 18th October, 1907, but to ordinary merchant vessels, whose cargo includes articles of the kind mentioned. The cruiser has, however, the right, in case of urgent necessity, to requisition such articles for the needs of her crew or of the fleet to which she belongs, but they can only be requisitioned on payment of com- pensation. It must, however, be observed that this right of re- quisition may not be exercised in all cases. The articles in question mu i nt an enemy port or meet the armed forces of the enemy before reaching thi neutral port for which the goods in question are documented. As bas been said, the obligation of proving that the contra- band goods really have the destination specified in Article 30 rests with the raptor. In certain cases prooi of the destination specified in Article :il is conclusive, thai is to say, the proof maj not be rebutted. First Case. — The goods are documented for discharge in an enemy port, that is to say. according to the ship's papers refer- ring to those goods, they are to be discharged there. In this case there is a real admission of enemy destination on the pari of the interested parties themselves. Second Case.- -The vessel is to touch at enemy ports only; or she is to touch at an enemy port before reaching the neutral port for which the goods are documented, so that although these goods, according to the papers referring to them, are to be discharged in a neutral port, the vessel carrying them is to touch ;it an enemy port before reaching that neutral port. They will be liable to capture, and the possibility of proving that their neutral destination is real and in accordance with the intentions of the parties interested is not admitted. The fact that, before reaching that destination, the vessel will touch at an enemy port, would occasion too great a risk for the belligerent whose cruiser searches the vessel. Even without assuming that there is inten- tional fraud, there might be a strong temptation tor the master of the merchant vessel to discharge the contraband, for which lie would get a good price, and for the local authorities to requisition the goods. The same case arises where the vessel, before reaching the neutral port, is to join the armed forces of the enemy. For the sake of simplicity, the provision only speaks of an enemy port, but it is understood that a port occupied by the enemy must be regarded as an enemy port, as follows from the general rule in Article 30. Article 32. Where a vessel is carrying absolute contraband, her papers are conclusive proof as to the voyage mi which she is engaged, unless she is found clearly out of the course indicated by her papers and unable to aire adequate reasons t,, justify such dentition. The papers, therefore, are conclusive proof of the course of the vessel unless she is encountered in circumstances which show that their statements are not to be trusted. See also the explanations given as regards Article 35. General Report of Drafting Committee on Declaration of London. Article 33. Conditional contraband is liable to capture if it is shown to be destined for the use of the armed forces or of a government department of the enemy State, unless in this hitter case the circumstances show that the goods cannot in fact be used for the purposes of the war in progress. This latter exception does not apply to a consignment coming under Article 24 (4). The rules for conditional contraband differ from those laid down for absolute contraband in two respects: (1) there is no question of destination for the enemy in general, but of destina- tion for the use of his armed forces or government departments; (2) the doctrine of continuous voyage is excluded. Articles 33 and 34 refer to the first, and Article 35 to the second principle. The articles included in the list of conditional contraband may serve for peaceful uses as well as for hostile purposes. If, from the circumstances, the peaceful purpose is clear, their capture is not justified; it is otherwise if a hostile purpose is to be assumed, as, for instance, in the case of foodstuffs destined for an enemy army or fleet, or of coal destined for an enemy fleet. In such a case there is clearly no room for doubt. But what is the solution when the articles are destined for the civil government departments of the enemy State? It may be money sent to a government department, for use in the payment of its official salaries, or rails sent to a department of public works. In these cases there is enemy destination which renders the goods liable in the first place to capture, and in the second to condemna- tion. The reasons for this are at once legal and practical. The State is one, although it necessarily acts through different depart- ments. If a civil department may freely receive foodstuffs or money, that department is not the only gainer, but the entire State, including its military administration, gains alsOj since the general resources of the State are thereby increased. Further, the receipts of a civil department may be considered of greater use to the military administration and directly assignee! to the latter. Money or foodstuffs really destined for a civil department may thus come to be used directly for the needs of the army. This possibility, which is always present, shows why destination for the departments of the enemy State is assimi- lated to that for its armed forces. It is the departments of the State which are dependent on the central power that are in question, and not all the departments which may exist in the enemy State; local and municipal bodies, for instance, are not included, and articles destined for their use would not be contraband. "War may be waged in such circumstances that destination for the use of a civil department cannot be suspect, and consequently cannot make goods contraband. For instance, there is a war in Europe, and the colonies of the belligerent countries are not, in fact, affected by it. Foodstuffs or other articles in the list of conditional contraband destined tor the use of flie civil gov- ernment of a colony would not be held to be contraband of war, because the considerations adduced above do not apply to their General Tteport of Drafting CommitU < on Declaration of London. 487 e; the resources of the civil governmenl cannot be drawn on for the needs of the war. Gold, silver, or paper mone; exceptions, because a sum of monej can easily be ?en1 from one fiiil of the world to the other. Article 34. The destination referred to in irticle 33 is presumed to exist if the goods are consigned to enemy authorities, or to a contractor , tablished in the enemy country, who, as a matter of common knowledge, supplies articles of this kind to the enemy. . 1 similar presumption arises if the goods are consigned to a fortified place belonging to the enemy, or other place serving as a base for the armed forces of the enemy. No such presumption, however, arises in the case of a merchant vessel hound for one of On < places if it is sought to prove that she herself is contraband. I u eases where the above presumptions do not arise, the destina- tion is presumed to be innocent. The presumptions set up by this Article may be rebutted. Contraband articles will not usually be directly addressed to the military authorities or to the government departments of the enemy State. Their true destination will he more or less con- cealed, and the captor must prove it in order to justify their capture. But it has heen thought reasonable to set up presump- tions based on the nature of the person to whom, or place for which, the articles are destined. It may he an enemy authority or a trader established in an enemy country who. as a matter of common knowledge, supplies the enemy Government with articles of the kind in question. It may he a fortified place I lon^-in^ to the enemy or a place used as a base, whether of operations or oi supply, for the armed forces of the enemy. This genera] presumption may not be applied to the merchant vessel herself on her way to a fortified place, though she may in herself he conditional contraband, hut only if her destination tor the use of the armed forces or government departments of the enemy State is directly proved. In the ahsence of the above presumptions, the destination is presumed to he innocent. That is the ordinary law. according to which the captor must prove the illicit character of the goods which he claims to capture. Finally, all the presumptions ilius set up in the interest of the captor or againsl him may he reoutted. The national tribunals, mi the first place, and, in the second, the [international Court. will exercise their judgment. Article 35. Conditional contraband is not liable to capture, except when found on hoard a vessel bound for territory belonging to or occu- pied by the enema, or for the armed forces of the enemy, ond when it is nut to lie discharged in an intervening neutral port. The ship's papers ,ne conclusive proof both us to the voyage on which the vessel is engaged ond us to the port of discharge 488 General Report of Drafting Committee on Declaration of London. of the goods, xinless she is found clearly out of the course indicated by her papers, a?id unable to give adequate reasons to justify such deviation. A.S has been said above, the doctrine of continuous voyage is excluded for conditional contraband, which is only liable to cap- ture when it is to be discharged in an enemy port. As soon as the goods are documented for discharge in a neutral port they can no longer be contraband, and no examination will be made as to whether they are to be forwarded to the enemy by sea or land from that neutral port. It is here that the case of absolute contraband is essentially different. The ship's papers furnish complete proof as to the voyage on which the vessel is engaged and as to the place where the cargo is to be discharged ; but this would not be so if the vessel were encountered clearly out of the course which she should follow according to her papers, and unable to give adequate reasons to justify such deviation. This rule as to the proof furnished by the ship's papers is intended to prevent claims frivolously raised by a cruiser and giving rise to unjustifiable captures. It must not be too literally interpreted, for that would make all frauds easy. Thus it does not hold good when the vessel is encountered at sea clearly out of the course which she ought to have followed, and unable to justify such deviation. The ship's papers are then in contra- diction with the true facts and lose all value as evidence; the cruiser will be free to decide according to the merits of the case. In the same way, a search of the vessel may reveal facts which irrefutably prove that her destination or the place where the goods are to be discharged is incorrectly entered in the ship's papers. The commander of the cruiser is then free to judge of the circumstances and capture the vessel or not according to his judgment. To resume, the ship's papers are proof, unless facts show their evidence to be false. This qualification of the value of the ship's papers as proof seems self-evident and unworthy of special mention. The aim has been not to appear to weaken the force of the general rule, which forms a safeguard for neutral trade. It does not follow that, because a single entry in the ship's papers is shown to be false, their evidence loses its value as a whole. The entries which cannot be proved false retain their value. Article 36. Notwithstanding the provisions of Article 35, conditional con- traband, if shown to have the destination referred to in Article 33, is liable -to capture in cases where the enemy country has no seaboard'. The case contemplated is certainly rare, but has nevertheless arisen in recent wars. In the case of absolute contraband, there is no difficulty, since destination for the enemy may always be proved, whatever the route by which the goods are sent (Article 30). For conditional contraband the case is different, and an exception must be made to the general rule laid down in Article General Report of Drafting Committee on Declaration oj London. 189 35, paragraph 1. so as to allow the captor to prove thai the sus- pected goods really have the special destination referred to in Article 33 without the possibility of being confronted by the objection thai they were to be discharged in a neutral port. Articled!. .1 vessel carrying goods liable to capture as absoluU or condi- tional contraband may be captured on the high seas or in the territorial waters of the belligerents throughout the wholi oj her voyage, even if she is to tone/, at a port of call before reaching the hostile destination. '1'Ih' vessel may he captured for contraband during the whole of her voyage, provided that she is in waters where an act of war is lawful. The fact that she intends to touch af a port of call hefore reaching the enemy destination does not prevent capture, provided that destination in her particular case i^ proved in con- formity with the rules laid down in Articles •'!o to practices intended to avoid condemnation of the vessel in spite of the importance of the cargo. If the standard of volume or weight is adopted, the master will ship innocent goods occupying space, or of weight, sufficient to exceed the 490 Gonial Report of Drafting Committee on Declaration of London. contraband. A similar remark may be made as regards the standard of value or freight. The consequence is that, in order to justify condemnation, it is enough that the contraband should form more than half the cargo by any one of the above standards. This may seem harsh; but, on the one hand, any other system would make fraudulent calculations easy, and, on the other, the condemnation of the vessel may be said to be justified when the carriage of contraband formed an important part of her venture ■ — a statement which applies to all the cases specified. Article 41. // a vessel carrying contraband is released, she may be con- demned to pay the costs and expenses incurred by the captor in respect of the proceedings in the national prize court and the custody of the ship and cargo during the proceedings. It is not just that, on the one hand, the carriage of more than a certain proportion of contraband should involve the condemna- tion of the vessel, while if the contraband forms less than this proportion, it alone is confiscated. This often involves no loss for the master, the freight of this contraband having been paid in advance. Does this not encourage trade in contraband, and ought not a certain penalty to be imposed for the carriage of a proportion of contraband less than that required to entail con- demnation? A kind of fine was proposed which should bear a relation to the value of the contraband articles. Objections of various sorts were brought forward against this proposal, although the principle of the infliction of some kind of pecuniary loss for the carriage of contraband seemed justified. The same object was attained in another way by providing that the costs and expenses incurred by the captor in respect of the proceedings in the national prize court and of the custody of the vessel and of her cargo during the proceedings are to be paid by the vessel. The expenses of the custody of the vessel include in this case the keep of the captured vessel's crew. It should be added that the loss to a vessel by being taken to a prize port and kept there is th<> most serious deterrent ns regards the carriage of con- traband. Article 42. Goods which, belong to the owner of the contraband and are on board the same vessel are liable to condemnation. The owner of the contraband is punished in the first place by the condemnation of his contraband property; and in the second by that of the goods, even if innocent, which he may possess on board the same vessel. Article 4-3. If a vessel is encountered at sea while unaware of the outbreak of hostilities or of the declaration of contraband which applies to her cargo, the contraband cannot be condemned except on payment o] compensation; the vessel herself and the remainder /)f the cargo are not liable to con de in nation or to the costs and, General "Report of Drafting Committee on Declaration of London. expenses referred to in Article 11. The same rule applies if th( master, after becoming aware of the outbreak of hostilities, or, of the declaration of contraband, has had no opportunity oj d charging the cont raband . .1 vessel is deemed to be aware of tht existena of a state of war, or of a declaration of contraband, if she left a neutral port subsequently to the notification to the Power to which such port belongs of the outbreak of hostilities, or of the decldtation of contraband, provided such notification was made in sufficient tunc .1 vessel is also deemed to be aware of the existence of a state of war if she left mi enemy port after the outbreak of hostilities. This provision is intended to spare neutrals who might in fact be carrying contraband, but againsl whom no charge could be made. This may arise in two rases. The fiv.-i is that in which they ore unaware of the outbreak of hostilities; the second is that in which, though aware of this, they do not know of the declaration of contraband made by a belligerent, in accordance with Articles 23 and 25, which is. as it happens, the one applicable to the whole or a pari of the cargo. Tt would be unjusl to capture the ship and condemn the contraband: on the other hand, the cruiser cannot be obliged to let <>-o on to the enemy goods suitable for use in the war of which he may stand in argent need. These opposing interests are reconciled by making condemnation conditional on the payment of compensa- tion (see the convention of the 18th October. 1007. on the rules for enemy merchant vessels on the outbreak of hostilities, which expresses n similar iden). . 1 rticle 44. .1 vessel which has been stopped on the ground llmi she is carry- ing contraband, and which is not liable to condemnation on account of the proportion of contraband on board, may, when the circumstances permit, be allowed to continue tier voyage if the master is willing to hand over the contraband to the bel- l ig erent ivars hip . The delivery of the contraband must be enteral by the captor on the. logbook of the vessel stopped, and the master must give the captor duly certified copies of all relevant papers. The captor is at liberty to destroy the cont raband that has l>een handed over to him under these conditions. A neutral vessel is stopped for carrying contraband. She is not liable to condemnation, because the contraband does not reach the proportion specified in Article 40. She can. neverthe- less, be taken to a prize port for judgment to he passed on the contraband. This righi of the captor appears too wide in certain cases, if the importance of the contraband, possibly slighl (for instance, a case of guns or revolvers^, is compared with the heavy loss incurred by the vessel by being thus turned out of her course and detained during the time taken up by the proceedings. The question has, therefore, been asked whether the right of the neutral vessel to continue her voyage might not be admitted if the contraband articles were Handed over to the captor, who. on 492 General Report of Drafting Committee on Declaration of London. his part, might only refuse to receive them for sufficient reasons, for instance, the rough state of the sea, which would make tran- shipment difficult or impossible, well-founded suspicions as to the amount of contraband which the merchant vessel is really carrying, the difficulty of stowing the articles on board the war- ship, &c. This proposal did not gain sufficient support. It was alleged to be impossible to impose such an obligation on the cruiser, for which this handing over of goods would almost always have drawbacks. If, by chance, it has none, the cruiser will not refuse it, because she herself will gain by not being turned out of her course by having to take the vessel to a port. The idea of an obligation having thus been excluded, it was decided to provide for the voluntary handing over of the con- traband, which, it is hoped, will be carried out whenever pos- sible, to the great advantage of both parties. The formalities provided for are very simple and need no explanation. There must be a judgment of a prize court as regards the goods thus handed over. For this purpose the captor must be fur- nished with the necessary papers. It may be supposed that there might be doubt as to the character of certain articles which the cruiser claims as contraband; the master of the merchant vessel contests this claim, but prefers to deliver them up so as to be at liberty to continue his voyage. This is merely a capture which has to be confirmed by the prize court. The contraband delivered up by the merchant vessel may hamper the cruiser, which must be left free to destroy it at the moment of handing over or later. Chapter III. UNNEUTRAL SERVICE. In a general way, it may be said that the merchant vessel which violates neutrality, whether by carrying contraband of war or by breaking blockade, affords aid to the enemy, and it is on this ground that the belligerent whom she injures by her acts is justified in inflicting on her certain losses. But there are cases where such unneutral service bears a particularly dis- tinctive character, and for such cases it has been thought neces- sary to make special provision. They have been divided into two classes, according to the gravity of the act of which the neutral vessel is accused. In the cases included in the first class (Article 45), the vessel is condemned, and receives the treatment of a vessel subject to condemnation for carrying contraband. This means that the vessel does not lose her neutral character and has a full claim to the rights enjoyed by neutral vessels ; for instance, she may not be destroyed by the captor except under the conditions laid down for neutral vessels (Articles 48 et seqq.); the rule that the flag covers the goods applies to goods she carries on board. Tn the more serious cases which belong 1 to the second class (Article 4(i). the vessel is. again, condemned; but further, she is treated not only as a vessel subject to condemnation for carrying General Report of Drafting Committer on Declaration of London. 493 contraband, but as an enemy merchanl vessel, which treatmenl entails certain consequences. The rules governing the destruc- tion of neutral prizes does no1 applj to the ve sel, and, as she bae become an enemy vessel, it is no longer ll ond hut the third rule of the Declaration of Paris which is applicable. The goods on board will be presumed to be enemy goods; neutrals will have the ri^lit, to claim their property on establishing their neutrality (Article 59). It would, bowever, be going loo far to say thai the original neutral character of the vessel is completely Lost, so ihat she should be treated as though she had always been an enemy vessel. The vessel may plead that the allegation made against her lias no foundation in fact, thai the act of which she is accused has not the character of unneutral service. She has, therefore, the right of appeal to the International Court in virtue of the provisions which protect neutral property. . I rtirlr 45. .1 neutral vessel will be condemned and will, in a general way, receive the same treat meat as a neutral vessel liable to condemna- tion for carriage of contraband : — - (1.) // she is on a voyage specially undertaken with a view to the transport of individual passengers who are embodied in the armed forces of the enemy, or with a view to the transmission of intelligence in the interest of the enemy. !.) //, to the knowledge of either the owner, the charterer, or the master, she is transporting a military detach- ment of the enemy, or one or more persons who, in tlie course of the voyage, directly assist the operations of the enemy. In the cases specified under the above heads, goods belonging to the owner of the vessel are likewise liable to condemnation. The provisions of the present Article do not apply if the vessel is encountered at sea while unaware of the outbreak of hostilities, or if the master, after becominy aware of the outbreak of hos- tilities, has liad no opportunity of disembarking the passengers. The vessel is deemed to be aware of the existence of a state of war if she left an enemy port subsequently to the outbreak of hos- tilities, or a neutral port subsequently to the notification of the outbreak of hostilities to the Power to which such port belongs, provided that such notification urns made in sufficient time. The first case supposes passengers travelling as individuals; the case of a military detachment is dealt with hereafter. The case is that of individuals embodied in the armed military or naval forces of the enemy. There was some doubt as to the mean- ing of this word. Does it include those individuals only who are summoned to serve in virtue of the law of their country and who have really joined the corps to which they are to belong? Or doas it also include such individuals from the moment when they are summoned, and before they join that corps? The question is of o-reat practical importance. Supposing the case is one of individuals who are natives of a continental European country 494 General Report of Drafting Committee on Declaration of London. and are settled in America; these individuals have military obligations towards their country of origin; they have, for instance, to belong to the reserve of the active army of that country. Their country is at war and they sail to perform their •service. Shall they be considered as embodied in the sense of the provision which we are discussing? It' we judged by the muni- cipal law of certain countries, we might argue that they should be so considered. But. apart from reasons of pure law, the contrary opinion has seemed more in accordance with practical necessity and has been accepted by all in a spirit of conciliation. It would be difficult, perhaps even impossible, without having recourse to vexatious measures to which neutral Governments would not un- willingly submit, to pick out among the passengers in a vessel, those who are bound to perform militarv service and are on their way to do so. The transmission of intelligence in the interest of the enemy is to be treated in the same way as the carriage of passengers embodied in his armed force. The reference to a vessel especially undertaking a voyage is intended to show that her usual service is not meant. She has been turned from her course; she has touched at a port which she does not ordinarily visit in order to embark the passengers in question. She need not be exclusively devoted to the service of the enemy ; that case would come into the second class (Article 56 (4) ). In the two cases just mentioned the vessel has performed but a single service; she has been employed to carry certain people, or to transmit certain intelligence; she is not continuously in the service of the enemy. In consequence she may be captured during the voyage on which she is performing the service which she has to render. Once that voyage is finished, all is over, in the sense that she may not be captured for having rendered the service in question. The principle is the same as that recognized in the case of contraband (Article 38). The second case also falls under two heads. There is. first, the carriage of a military detachment of the enemy, or that of one or more persons who during the voyage directly assist his operations, for instance, by signalling. If these people are soldiers or sailors in uniform there is no difficulty, the vessel is clearly liable to condemnation. If they are soldiers or sailors in mufti who might be mistaken for ordinary passen- gers, knowledge on the part of the master or owner is required, the charterer being assimilated to the latter. The rule is the same in the case of persons directly assisting the enemy during- the voyage. In these cases, if the vessel is condemned for unneutral service, the goods belonging to her owner are also liable to condemnation. These provisions assume that the state of war was known to the vessel engaged in the operations specified; such knowledge is the reason and justification of her condemnation. The position is altogether different when the vessel is unaware of the outbreak of hostilities, so that she undertakes the service in ordinary circum- stances. She may have learnt of the outbreak of hostilities while at sea, but have had no chance of landing the persons whom she General Report of Drafting Committee on Declaration of London. was carrying. Condemnation would then be unjust, and the equitable rule adopted is in accordance with the provisions already accepted in other matters. It a vessel baa lefl an enemy piHi subsequent^ to the outbreak oJ hostilities, or a aeutral porl after outbreak has been notified to the Power to whom such port belongs, her knowledge of the existence of a state oi war will be i>i esumed. The question bere is merely one of preventing the condemnation i.t the vessel. The persons found on board her who belong to the armed forces of the enemy may be made prisoners oi war by the cruiser. Article 40. .1 neutral vessel is liable to condemnation and, in a general way, to the same treatment as would be applicable to her if skt were an enemy merchant vessel: — i l.t // she takes a direct pari in the hostilities. (2.) If she is under the orders or control of an agent pla< ■ on board by the enemy Government. (3.) If she is in the exclusive employment of the emeny Govern ment. (,4.) // she is exclusively engaged at the tunc either in the trans/tort of enemy troops or in the transmission of intelligence in the interest of tht enemy. in i/n cases covered by the present Article, goods belonging to tht owner of the vessel are likewise liable to condemnation. The cases here contemplated are more serious than those in Article 45, which justifies the severer treatment inflicted on the vessel, as explained above. First Case. — The vessel takes a direct part in the hostilities. This may take different forms. It is needless to say that, in an armed conflict, the vessel takes all the risks incidental thereto. We suppose her to have fallen into the power of the enemy whom she was fighting, and who is entitled to treat her as an enemy merchant vessel. Second Case. — The vessel is under the orders or control of an agenl placed on board by the enemy Government. II is presence marks the relation in which she stands to the enemy. In other circumstances the vessel may also have relations with the enemy. but to be subject to condemnation she must come under the third head. Third Case. — The whole vessel is chartered by the enemy Government, and is therefore entirely at its disposal; it can use her for different purposes more or less directly connected with the war, uotably, as a transport; such is the position of colliers which accompany a belligerent fleet. There will often be a charter-party between the belligerent Government and the owner or master of the vessel, bul all that is required is proof, and the fact that the whole vessel has in fact been chartered is enough, in whatever way it may be established. Fourth Case. -The vessel is at the time exclusively devoted to the carriage of enemy troops or to the transmission of intelli- gence in the enemy's interest. The case is different from those 496 General Report of Drafting Committee on Declaration of London. dealt with by Article 45, and the question is one of a service to which the ship is permanently devoted. The decision accordingly is that, so long as such service lasts, the vessel is liable to capture, even if, at the moment when an enemy cruiser searches her, she is engaged neither in the transport of troops nor in the trans- mission of intelligence. As in the cases in Article 45 and for the same reasons, goods found on board belonging to the ownei of the vessel are also liable to condemnation. It was proposed to treat as an enemy merchant vessel a neutral vessel making', at the time, and with the sanction of the enemy Government, a voyage which she has only been permitted to make subsequently to the outbreak of hostilities or during the two preceding months. This rule would be enforced notably on neutral merchant vessels admitted by a belligerent to a service reserved in time of peace to the national marine of that bel- ligerent — for instance, to the coasting trade. Several Delegations formally rejected this proposal, so that the question thus raised remains an open one. Article 47. Any individual embodied in the armed forces of the enemy who is found on board a neutral merchant vessel may be made a prisoner of war, even though there be no ground for the capture of the vessel. Individuals embodied in the armed military or naval forces of a belligerent may be on board a neutral merchant vessel when she is searched. If the vessel is subject to condemnation, the cruiser will capture her and take her to one of her own ports with the persons on board. Clearly the soldiers or sailors of the enemy State will not be set free, but will be treated as prisoners of war. Perhaps the case will not be one for the capture of the ship — for instance, because the master was unaware of the status of an individual who had come on board as an ordinary passenger. Must the soldier or soldiers on board the vessel be set free ? That does not appear admissible. The belligerent cruiser cannot be compelled to set free active enemies who are physically in her power and are more dangerous than this or that contraband article. She must naturally proceed with great discretion, and must act on her own responsibility in requiring the surrender of these individuals, but the right to do so is hers; it has therefore been thought necessary to explain the point. Chapter IV. DESTRUCTION OF NEUTRAL PRIZES. The destruction of neutral prizes was a subject comprised in the programme of the second Peace Conference, and on that occasion no settlement was reached. It reappeared in the programme of the present Conference, and this time agreement has been found possible. Such a result, which bears witness to the sincere desire of all parties to arrive at an understanding, is a matter for congratulation. It has been shown once more that conflicting General Report of Draft mn Committee on Declaration of London. 197 hard-and-fasl rules do not always correspond to things as thej are, and thai if there be readiness to descend to particular-, and to arrive at the precise way in which the rules have been applied, it will often be found thai the actual practice ie very much the same, although the doctrines professed appear to be entirely in conflict. To enable two parties to agree, it is firsl of all accessary that they should understand cadi other, and this frequentlj is not the rase. Thus it has been found that those who declared for the righl to destroy neutral prizes never claimed to mm- this right wantonly or at every opportunity, bul only by way oi exception; while, on the other band, those who maintained the principle that destruction is forbidden, admitted thai the principle must give way in certain exceptional case-. It there- fore became a question of reaching an understanding with regard to those exceptional cases to which, according to both view-, the right to destroy should lie confined. Hut thie was not all: there was need for some guarantee againsl abuse in the exercise of this right; the possibility of arbitrary action in determining these exceptional cases must be limited by throwing some real responsibility upon the captor. Tt was at this stage that a new idea was introduced into the discussion, thanks to which it was possible to arrive at an agreement. The possibility of inter- vention by a court of justice will make the captor reflect before he acts, and at the same time secure reparation in cases where there was no reason for the destruction. Such is the general spirit of the provisions of this chapter. Article 48. A neutral vessel which lias heen raptured man not he destroyed by the captor; she must he taken info such port as is proper for the determination there of all questions concerning the validity of the prize. The general principle is very simple. A neutral vessel which has been seized may not be destroyed by the captor; so much may be admitted by every one, whatever view is taken as to the effect produced by the capture. The vessel must be taken into a port for the determination there as to the validity of the prize. A prize crew will be put on board or not, according to circumstance-. Article 40. As an exception, a neutral vessel which has heen captured by a belligerent warship, and which would he liable to condemna- tion, may he destroyed if the observance of Article 48 would involve danger /" the safety of the warship or to the success of the operations in which she is engaged at the time. The first condition necessary to justify the destruction of the captured vessel is that she should be liable to condemnation upon the facts of the case. If the captor cannol even hope to obtain the condemnation of the vessel . how can he lay claim to the right to destroy herP 57-")0 2 I 498 General Report of Drafting Committee on Declaration of London. The second condition is that the observance of the general principle would involve danger to the safety of the warship or to the success of the operations in which she is engaged at the time. This is what was finally agreed upon after various solutions had been tried. It was understood that the phrase compromettre la securite was synonymous with mettre en danger le navire, and might be translated into English by: involve danger. It is, of course, the situation at the moment when the destruction takes pJace which must be considered in order to decide whether the conditions are or are not fulfilled. For a danger which did not exist at the actual moment of the capture may have appeared some time afterwards. Article 50. Before the vessel is destroyed all persons on hoard must be placed in safety, and all the ship's papers and other documents which the parties interested consider relevant for the purpose of deciding on the validity of the capture must he taken on hoard the warship. This provision lays down the precautions to be taken in the interests of the persons on board and of the administration of justice. Article 51. A captor who has destroyed a neutral vessel must, prior to any decision respecting the validity of the prize, establish that he only acted in the face of an exceptional necessity, of the nature contemplated in Article 49. // he fails to do this, he mast compensate the parties interested, and no examination shall he made of the question whether the capture was valid or not. This claim gives a guarantee against the arbitrary destruction of prizes by throwing a real responsibility upon the captor who has carried out the destruction. The result is that before any decision is given respecting the validity of the prize, the captor must prove that the situation he was in was really one which fell under the head of the exceptional cases contemplated. This must be proved in proceedings to which the neutral is a party, and if the latter is not satisfied with the decision of the national prize court he may take his case to the International Court. Proof to the above effect is, therefore, a condition precedent which the captor must fulfil. If he fails to do this, he must compensate the parties interested in the vessel and the cargo, and the question wdiether the capture was valid or not will not be gone into. In this way a real sanction is provided in respect of the obligation not to destroy a prize except in particular cases, the sanction taking the form of a fine inflicted on the captor. If, on the other hand, this proof is given, the prize procedure follows the usual course; if the prize is declared valid, no com- pensation is due; if it is declared void, the parties interested have a right to be compensated. Resort to the International Court can only be made after the decision of the prize court has been given on the whole matter, and not immediately after the preliminary question has been decided, General Report of Drafting Committee on Declaration of London. !!•!• Article 52, // the capture of a neutral vessel is subsequently held to be invalid, though the act of destruction has been held to havt been justifiable, tin captor must pay compensation to the partu interested, in place of the restitution to which they would have hern ml it led . Article -~> : i. // //rutin} goods not liable to condemnation have been destroyed with the vessel, the owner of such goods is entitled to compensation. Supposing a vessel which has been destroyed carried newt ml goods ao1 liable to condemnation: the owner of such goods has, in every ease, a righl to compensation, thai is. withoul there being occasion to distinguish between eases where the destruction was or was not justified. This is equitable and a further guarantee against arbitrary destruction. Article 54. The captor has the right to demand the handing over, or to proceed himself to the destruction, of an// goods liable fa con- demnation found on hoard a vessel not herself liable to condemna- tion, provided that the circumstances arc such as would, under Article 49. justify the destruction of a vessel herself liable to condemnation. The captor must enter the poods surrendered or destroyed in the logbook of the vessel stopped, and must id, tain dull/ certified copies of all relevant papers. When the poods hare been handed over or destroyed and the formalities duly carried out. the master must he allowed to continue his voyage. The provisions of Articles 51 and 52 respecting the obligations of a captor who has destroyed a neutral vessel are applicable. A cruiser encounters a neutral merchant vessel carrying contra- band in a proportion less than that specified in Article 40. The captain may put a prize crew on board the vessel and take her into a port tor adjudication. He may. in conformity with the provisions of Article 44, agree to the handing over of the contra- band if offered by the vessel stopped. But what is to happen if neither oi these solutions is reached:-' The vessel stopped does not offer to hand over the contraband, and the cruiser is not in a position to take the vessel into a national port. Is tin 1 cruiser obliged to let the neutral vessel go with the contraband on hoard!" To require this seemed going too far. at least in certain exceptional circumstances. These circumstances are in fact the same as would have justified the destruction of the vessel, had she been liable to condemnation. In such a case, the cruiser may demand the handing over, or proceed to the destruction. id the goods liable to condemnation. The reasons for which the right to destroy the vessel has been recognised may justify the destruction of the contraband goods, the more bo as the considerations of humanity which can be adduced against the destruction of a vessel do not in this case apply. Against 5760 2 I 2 500 General Report of Drafting Committee on Declaration of London. arbitrary demands by the cruiser there are the same guarantees as those which made it possible to recognize the right to destroy ili«' vessel. The captor must, as a preliminary, prove that he was really faced by the exceptional circumstances specified; tailing this, he is condemned to pay the value of the goods handed over or destroyed, and the question whether they were contraband or not will not be gone into. The Article prescribes certain formalities which are necessary to establish the facts of the case and to enable the prize court to adjudicate. Of course, when once the goods have been handed over or destroyed, and the formalities carried out, the vessel which has been stopped must be left free to continue her voyage. Chapter V. TRANSFER TO A NEUTRAL FLAG. An enemy merchant vessel is liable to capture, whereas a neutral merchant vessel is immune. It can therefore be readily understood that a belligerent cruiser encountering a merchant vessel which lays claim to neutral nationality has to inquire whether such nationality lias been acquired legitimately or merely in order to shield the vessel from the risks to which she would have been exposed had she retained her former nationality. This question naturally arises when the transfer has taken place a comparatively short time before the moment at which the ship is searched, whether the actual date be before, or after, the outbreak of hostilities. The answer will be different according as the question is looked at from the point of view of commercial or belligerent interests. Fortunately, rules have been agreed upon which conciliate both these interests as far as possible and which at the same time tell belligerents and neutral commerce what their position is. Article 55. The transfer of an enemy vessel to a neutral flag, effected before the outbreak of hostilities, is valid, unless it is 'proved that such transfer was made in order to evade the conseepiences to which an enema vessel, as such, is exposed. There is, however, a presumption, if the bill of sale is not on board a vessel which has lost her belligerent nationality less than sixty days before the outbreak of hostilities, that the transfer is void. This presumption may be rebutted. Where the transfer was effected more than thirty days before the outbreak of hostilities, there is an absolute presumption that it i.< valid if it is unconditional, complete, find in conformity with the burs of the countries concerned, and if its effect is such that neither the control of, nor the profits earned by, the vessel remain in the same liands as before the transfer. If, however, the vessel lost her belligerent nationality less than sixty days before the outbreak of hostilities, and if the bill of sale is not on board, the capture of the vessel gives no right to damages. General Report of Drafting Committee on Declaration of London . 501 The general rule Laid down in the fir 4 paragraph is thai the transfer of an enemy vessel to a neutral flag is valid, assuming, of course, thai the ordinary requirements <>t the law have been fulfilled. K is upon the captor, if he wishes to bave the transfei annulled, thai the onus lies ol proving thai it- objecl was to evade the consequences entailed by the war in prospect. There is one case which is treated as suspicious, that, aamely, in which the bill of sale is not on board when the ship has changed her nationality less than sixty days before the outbreak of hostilities. The presumptit I validity which has been se1 up by the firsl paragraph in favour of the vessel is then replaced bj a presump- tion in favour of the captor. It is presumed thai the transfer is void, hut the presumpt ion may be rebutted. With a view to BUch rebuttal, proof may he given thai the transfer was not effected in order to evade the consequences of the war; it is unnecessary to add that the ordinary requirements of the law must have been fulfilled. It was thoughl desirable to give to commerce a guarantee that the right of treating a transfer as void on the ground that it was effected in order to evade the consequences of war should nol extend too tar, and should not cover too long a period. Consequently, if the transfer has been effected more than thirty days before the outbreak of hostilities, it cannot lie impeached on that ground alone, .ind it is regarded a- unquestionably valid if it has been made under conditions which show that it is genuine and final; these conditions are as follows: the transfer musl be unconditional, complete, and in conformity with the laws of the countries concerned, and its effect must be such that both the control of, and the profits earned by. the vessel pass into other bands. When once these condition- are proved t,, exisl the captor is not allowed to -el up the contention that the vendor foresaw the war in which his country was about to he involved, and wished by the sale to shield himself from the risks to which a state of war would have exposed him in respect of the vessels he was transferring'. Even in this case, however, when a vessel is encountered by a cruiser and her bill of sale is not on hoard, she may he captured if a change of nationality has taken place less than sixty days before the outbreak of hostilities; that circumstance has made her suspect. But if before the prize court the proof required by the second paragraph is adduced, she must be released, though she cannot claim compensation, inasmuch as there was good reason lor capturing her. Art i- to-day the principle according to which *' aeutral goods, with the exception ol contraband ol war, are uol Liable to capture on board an enemy ship." It i-. therefore, onlj in respeel ol goode found on board an eneinj ship thai the question whether thej are neutral or enemy property arises. The determination of what constitutes neutral or enemy character thus appears as a developmenl of the two principles laid down in 1856, or rather as a means of securing their just application in practice. The advantage oi deducing from the practices of differenl countries some clear ami simple rules on this subjeci may be said to need no demonstration. The uncertainty as to the rish of capture, it it does not put an end to trade, is at least the most serious of hindrances to its continuance. A. trader OUghl to know the risks which he runs in putting his goods on board this or (hat ship, while the underwriter, if he does not know the extent of those risks, is obliged to charge war premiums which are often either excessive or else inadequate. The rules which form this chapter are. unfortunately, incom- plete; certain important points had to he laid aside. ;is has 1 ecu already observed in the introductory explanations, and as will he furt her explained below. Article 57. Subject t<> tin provisions respecting transfer to another flag, the neutral or enemy character of a vessel is determined l>y the flag which she is entitled to flu. The cose where a neat ml vessel is engaged in o trade which is closed in time of peace, remains outside the scope of this rule, and is in no wise affected by it. The principle, therefore, is that the neutral <>r enemy characU r of a vessel is determined by the flag which, she is entitled to fly. It is a simple rule which appears satisfactorily to meet the special case of ships, as distinguished from that of other movable pro- perty, and notably of the cargo. From more than one point of view, ships may he said to possess an individuality: notably they have a nationality, a national character. This attribute ol nationality finds visible expression in the righl to fly a flag; it has the effect of placing ships under the protection and control of the State to which they belong; it makes them amenable to the sovereignty and to the laws of that State, and liable to requisi- tion, should the occasion arise. Here is the surest test ot whether a vessel is really ;i unit in the merchant marine of a country, and here therefore the l>est test In which to decide whether her character is neutral or enemy. It. is. moreover, preferable to rely exclusively upon this test, and to discard all considerations connected with the personal status of the owner. 504 General Report of Drafting Committee on Declaration of London. The text makes use of the words " the flag- which the vessel is entitled to fly " ; that expression means, of course, the flag under which, whether she is actually flying it or not, the vessel is entitled to sail according to the municipal laws which govern that right. Article 57 safeguards the provisions respecting transfer to another flag, as to which it is sufficient to refer to Articles 55 and 5G; a vessel may very well have the right to fly a neutral flag, as far as the law of the country to which she claims to belong is concerned, but may be treated as an enemy vessel by a belligerent, because the transfer in virtue of which she has hoisted the neutral flag is annulled by Article 55 or Article 50. Lastly, the question was raised whether a vessel loses her neutral character when she is engaged in a trade which the enemy, prior to the war, reserved exclusively for his national vessels; but as has been observed above in connection with the subject of Unneutral Service, no agreement was reached, and the question remains an open one, as the second paragraph of Article 57 is careful to explain. Article 58. The neutral or enemy character of goods found on hoard an enemy vessel is determined by the neutral or enemy character of the owner. Unlike ships, goods have no individuality of their own; their neutral or enemy character is made to depend upon the personal status of their owner. This opinion prevailed after an exhaus- tive study of different views, which inclined towards reliance on the country of origin of the goods, the status of the person at whose risk they are, of the consignee, or of the consignor. The test adopted in Article 58 appears, moreover, to be in conformity with the terms of the Declaration of Paris, as also with those of the convention of The Hague of the 18th October, 1907, relative to the establishment of an International Prize Court, where the expression neutral or enemy property is used (Articles 1, 3, 4, 8). But it cannot be concealed that Article 58 solves no more than a part of the problem, and that the easier part; it i« the neutral or enemy character of the owner which determines the character of the goods, but what is to determine the neutral or enemy character of the owner? On this point nothing is said, because it was found impossible to arrive at an agreement. Opinions were divided between domicile and nationality ; no useful purpose will be served by reproducing here the arguments adduced to support the two positions. It was hoped that a compromise might have been reaohed on the basis of a clause to the following effect: — " The neutral or enemy character of goods found on board an enemy vessel is determined by the neutral or enemy nationality of their owner, or, if he is of no nationality or of double nationality (i.e., both neutral and enemy), by his domicile in a neutral or enemy country ; General Report of Drafting Committee on Declaration of London. 505 " Provided that goods belonging to a limited Liability 01 joint stock company are considered as neutral or enemj according ae the company has its headquarters in a neutral or enemy country. Hut there was no unanimity. . irticle 59. In the absence of proof of the m utral cfuwactt r of goods found on board an enemy vessel, they are presumed to be enemy goods. Article 59 give expression to the traditional rule according to which goods found on board an enemj vessel are, failing prooi to the contrary, presumed to be enemy goods; this is merely a simple presumption^ which leaves to the claimanl the right, bu1 ;it the same time the onus, of proving his title. Article GO. Enemy goods on board an enemy vessel retain their enemy character until they reach their destination, notwithstanding nun transfer effected after the outbreak of hostilities while tht goods arc being forwarded. If, however, prim- to the capture, a forma neutral owner exercises, on the bankruptcy of an existing enemy owner, a recognized legal right to recover the goods, they regain their neutral character. This provision contemplates the case where goods which were enemy property at the tune of dispatch have been the subject oi a sale or transfer during the course of the voyage. The ease with which enemy goods might secure protection from the exercise of the right of capture by means of a sale which is made subject to a reconveyance of the property on arrival has always led to a refusal to recognize such transfer-. The enemy character subsists. With regard to the moment from which goods must he con- sidered to acquire and retain the enemy character of their own.!. the text h;is been inspired by the same spirit of equity as governed the convention of The Hague, relative to the status of merchant vessels on the outbreak of hostilities, and by the same desire to protect mercantile operations undertaken in the security of a time of peace. It is only when the transfer takes place after the outbreak of hostilities that it is, so far as the loss of enemy character i- concerned, inoperative until the arrival of the goods in question. The date which is taken into consideration here i- that of the transfer, and not of the departure of the vessel. For, while the vessel which started before the war began, and remains, perhaps, unaware of the outbreak of hostilities, may enjoy on this account some degree of exemption, the goods may nevertheless possess enemy character: the enemy owner of these good- is in a position to he aware of the state of war, and it is for that very reason that he i- likely to seek to evade it- consequences. It was, however, thought right to add what is. if not a limita- tion, at least a complement agreed to he necessary. In a great number of countries an unpaid vendor has, in the event oi the bankruptcy of the buyer, a recognized legal right to recovei General Report of Drafting Committee on Declaration of London. ilu> goods which have already become the properly of the buyer but not yet reached him (stoppage in transitu). In such a case the sale is cancelled 3 and, in consequence of the recovery, the vendor obtains the goods again and is not deemed ever to have ceased to be the owner. This right gives to neutral commerce, in the case of a genuine bankruptcy, a protection too valuable to he sacrificed, and the second paragraph of Article 60 is intended to preserve it. Chapter VII. COAVOY. The practice of convoy has, in the past, occasionally given rise to grave difficulties and even to conflict. It is, therefore, satis- factory to be able to record the agreement which has been reached upon the subject. Article 61. Neutral vessels under national convoy arc exempt from search. The commander of a convoy gives, in writing, at the request of the commander of a belligerent warship, all information as to the character of the vessels and their cargoes, which could be obtained by search. The principle laid down is simple : a neutral vessel under the convoy of a warship of her own nationality is exempt from search. The reason for this rule is that the belligerent cruiser ought to he able to find in the assurances of the commander of the convoy as good a guarantee as would be afforded by the exercise of the right of search itself ; in fact, she cannot call in question the assurances given by the official representative of a neutral Government, without displaying a lack of international courtesy. If neutral Governments allow belligerents to search vessels sailing under their flag, it is because they do not wish to be responsible for the supervision of such vessels, and therefore allow belligerents to protect themselves. The situation is altered when a neutral Government consents to undertake that responsibility; the right of search bas no longer the same importance. But it follows from the explanation of the rule respecting convoy that the neutral Government undertakes to afford the belligerents every guarantee that the vessels convoyed shall not take advantage of the protection accorded to them in order to do anything inconsistent w r ith their neutrality, as, for example, to carry contraband, render unneutral service to the belligerent, or attempt to break blockade. There is need, therefore, that a -••nuine supervision should be exercised from the outset over the vessels which are to be convoyed ; and that supervision must be continued throughout the voyage. The Government must act with vigilance so as to prevent all abuse of the right of convoy, and must give to the officer who is put in command of a convoy precise instructions to this effect. A belligerent cruiser encounters a convoy; she communicates with the commander of the convoy, who must, at her request, General Report of Drafting Committee on Declaration of London. 507 give in writing all relevanl information about the vessele undei bis protection. A written declaration is required, because it prevents all ambiguities and misunderstandings, and because it pledges to a greater extent the responsibility of the commander. The objeel of Buch a declaration is to make search unnecessary i, v tlie mere tad of giving to the cruiser the information which the search itself would have applied. .1 Hide 62. // the commander of tin belligerent warship has reason t<> suspect i Imi I lie confidence of the commander <>f the convoy hat been abused, he communicates his suspicions to him. In such " case it is for the commander of the convoy alone to inn stiyaU tin mutter, lb must record the result of such investigation in \ each of the Powers represented at the Conference, may more conveniently be made by Greal Britain acting in the name of all the Powers. The procedure for accession La very simple. The fact that the acceding Powers are placed on the same footing in every respeel 5750 2 K 514 Genera] Report of Drafting Committee on Declaration of London. as the signatory Powers of course involves compliance by the former with Article G5. A Power can accede only to the whole, but not merely to a part, of the Declaration. Article 71. The present Declaration, which bears the date of the 26th Feb- ruary, 1909, may be sinned in London iip till the 30th June, 1909, by the Plenipotentiaries of tJie Powers represented at tlie Naval Conference. As at The Hague, account has been taken of the situation of certain Powers the Representatives of which may not be in a posi- tion to sign the Declaration at once, but which desire nevertheless to be considered as signatory, and not as acceding, Powers. It is scarcely necessary to say that the Plenipotentiaries of the Powers referred to in Article 71 are not necessarily those who were, as such, delegates at the Naval Conference. In faith whereof the Plenipotentiaries have signed the present Declaration and have thereto affixed their seals. Done at London, the twenty-sixth day of February, one thousand nine hundred and nine, 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. Supplement .-—Aliens Restriction (Change of Name) Order, 191 1. 515 Supplement. [Note.— This Supplement comprises the Proclamation of October Bth as to Trading with the Enemy, the Home Office Statement of the same 'late as to Espionage, the Board <»f Trade Notice of October 9tb M to Importers and Exporters, and certain other "Emergency Orders" which have been made between October 1st and October 9th. It was found possible whilst tin- Manual was passing through the press to incorporate certain of the Emergency Orders of the firs! d;iys of October in the main text in direct conjunction with relative matter. Accordingly the Order of the Secretary of State as to Obscuration of Lights will be found at p. 157, and that of the Secretary for Scotland as to Special < 'onstables in < hknev and Shetland at p. 374. The lnd.-x gives references to all these October Emergency Orders.] ALIENS RESTRICTION. The Aliens Restriction (Change of Name) Order, l!Jl-l. 1914. No. 1478. At the Court at Bucking-ham Palace, the 8th day of October, 1914. Present, The King's Most Excellent Majesty in Council. Whereas by the xVliens Restriction (Consolidation) Order, 1914 (hereinafter referred to as the Principal Order), (b) His Majesty has been pleased to impose restrictions on aliens and to make various provisions for carrying- those restrictions into effect : And whereas it is desirable to extend and amend the said Order iu manner hereinafter provided: Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows : — 1. The following Article shall be inserted after Article 25 of the Principal Order: — " 25a. An alien enemy shall not, after the twelfth day of October nineteen hundred and fourteen, for any purpose assume or use, or. purport to assume or use, or continue +he assumption or use of any name other than that by which lie was ordinarily known at the date of the commenceme it of the war. " AVhere an alien enemy carries on or purports or con- tinues to carry on, or is a member of a partnership or firm which carries on or purports or continues to cany on any trade or business under any name other than that under which the trade or business was carried Oil at the date of the commencement of the war, he shall, for the purposes (a) This Order was published in the "London Gazette" of October 8th, 1914, being a Supplement to the Gazette of October 6th ; in the " Edinburgh Gazette" of October 9th, 1914; in the "Dublin Gazette" of October 9th. 1914. (b) Printed at pp. 08-85 above under the heading " Aliens Restriction." 5750 - K 2 516 Supplement : — Aliens Restriction (Change of Name) Order, 1914. of this Order, be deemed to be using or purporting or con- tinuing to use a name other than that by which he was ordinarily known at the date of the commencement of the war. " Nothing in this Article shall affect the right of a woman who after the commencement of the war marries an alien enemy to use the name which she acquires on her marriage. " A Secretary of State may, if it appears desirable in any particular case, grant an exemption from the provisions of this Article." 2. In Article 20 of the Principal Order, the word "Order' shall he substituted for the word " Act." 3. This Order mav be cited as the Aliens Restriction (Change of Name) Order, 1914. Almeric FitzRoy. ESPIONAGE. Statement issued by the Home Office and appearing in the Press, Friday, October 9th, 1914. In view of the anxiety naturally felt by the public with regard to the system of espionage on which Germany has placed so much reliance and to which attention has been directed by recent re- ports from the seat of war, it may be well to state briefly the steps which the Home Office, acting on behalf of the Admiralty and "War Office, has taken to deal with the matter in this country. The secrecy which it has hitherto been desirable in the public interest to observe on certain points cannot any longer be main- tained owing to the evidence which it is necessary to produce in cases against spies that are now pending. It was clearly ascertained five or six years ago that the Germans were making great efforts to establish a system of espionage in this country, and in order to trace and thwart these efforts a Special Intelligence Department was established by the Admiralty and the War Office which has ever since acted in the closest co-operation with the Home Office and Metropolitan Police and the principal provincial police forces. In 1911, by the passing of the Official Secrets Act, 1911, (a) the law with regard to espionage, which had hitherto been confused and defective, was put on a clear basis and extended so as to embrace every possible mode of obtaining and conveying to the enemy informa- tion which might be useful in war. The Special Intelligence Department, supported by all the means which could be placed at its disposal by the Home Secretary, was able in three years, from 1911 to 1914, to discover the ramifications of the German Secret Service in England. In spite of enormous efforts and lavish expenditure of money by the (a) 1 & 2 Geo. 5. c. 28. Supplement: — Statement as to Espionage issued by the Home 517 Office. enemy, little valuable information passed into their hands. The agents, of whose identit\ r knowledge was obtained by the Special (intelligence Department, were watched and shadowed without in general taking any hostile action or allowing them to know- that their movements were watched. When, however, any actual step was taken to convey plans or documents of importance from this country to Germany, I he spy was arrested and in such case evidence sufficient to secure his conviction was usually found in his possession. Proceedings under the Official Secrete Acts were taken by the Director of Public: Prosecutions; and in six- cases sentences were passed varying from 18 months to six year-' penal servitude. At the same time steps were taken to mark down and keep under observation all the agents known to be engaged in this traffic, so that when any necessity arose the police mighl lay hands on thorn at once; and accordingly on the 4th August, before the Declaration of War, instructions were given by th< Home Secretary for the arrest of 20 known spies, and all were arrested. This figure does not cover a Large number (upwards of 200) who were noted as under suspicion or to be kept under special observation. The great majority of these were interned at or soon, after the declaration of war. None of the men arrested in pursuance of the orders issued on August 4 has yet been brought to trial, partly because the officers whose evidence would have been required were engaged in urgent duties in the early days of the war, but mainly because the prosecution by disclosing the means adopted to track out the spies and prove their guilt would have hampered the Intelligence Department in its further efforts. They were and still are held as prisoners under the powers given to the Secretary of State by the Aliens Restriction Act. (a) One of them, however, who established a claim to British nationality, lias now been forrnally charged; and, the reasons for delay no longer existing, it is a matter for consideration whether the same course should now be taken with regard to some of the other known spies. Although this action taken on August 4 is believed to have broken up the spy organization which had been established before the war, it is still necessary to take the most rigorous measures to prevent the establishment of any fresh organization and to deal with individual spies who might previously have been working in this country outside the organization, or who mighl be sent here under the guise of neutrals after the declaration of war. In carrying this out the TTome Office and "War Office have dow the assistance of the cable censorship, and also of the postal censorship, which, established originally to deal with correspondence with Germany and A.ustria, has been gradually extended (as the necessary staff could be obtained) bo as to cover communications with those neutral countries through which corre- spondence might readily pass to Germany or Austria. The censorship has been extremely effective in stopping secret com- munications by cable or letter with the enemy, but as its existence was necessarily known to them it has not, except in a few instances, produced materials for the detection of espionage. (a) 4 & 'i Geo. .'>. c 12, primed at p. fi above. 518 Supplement: — Statement as to Espionage issued by the Home Office. On August 5 the Aliens Restriction Act(a) was passed, and within an hour of its passing- an Order in Council(b) was made which gave the Home Office and the police stringent powers to deal with aliens, and especially enemy aliens, who under this Act could be stopped from entering or leaving the United Kingdom, and were prohibited while residing in this country from having in their possession any wireless or signalling apparatus of any kind, or any carrier or homing pigeons. Under tli is Order all those districts where the Admiralty or War Office considered it undesirable that enemy aliens should reside have been cleared by the police of Germans and Austrians, with the exception of a few persons, chiefly women and children, whose character and antecedents are such that the local Chief Con- stable, in whose discretion the matter is vested by the Order, considered that all ground for suspicion was precluded. _ At the same time the Post Office, acting under the powers given them by the Wireless Telegraphy Acts,(c) dismantled all private wireless stations ; and they established a special system of wireless detection by which any station actually used for the transmission of messages from this country could be discovered. The police have co-operated successfully in this matter with the Post Office. New and still more stringent powers for dealing with espionage were given by the Defence of the Realm Act,(d) which was passed by the Home Secretary through the House of Commons and received the Royal Assent on August 8. Orders in Council(e) have been made under this Act which prohibit, in the widest possible terms, any attempt on the part either of aliens or of British subjects to communicate any information which ' is calculated to be or might be directly or indirectly useful to an enemy"; and any person offending against this prohibition is liable to be tried by Court-martial and sentenced to penal servitude for life. The effect of these Orders is to make espionage a military offence. Power is given both to the police and to the military authorities to arrest without a warrant any person whose behaviour is such as to give rise to suspicion, and any person so arrested by the police would be handed over to the military authorities for trial by Court-martial. Only in the event of the military authorities holding that there is no prima facie case of espionage or any other offence triable by military law is a prisoner handed back (a) 4 & 5 Geo. 5. c. 12, printed at p. G above. (b) The Aliens Restriction Order, 1914, printed at pp. 48-63 above. This Order together with Amending Orders, Nos. 2, 3, and 4, printed at pp. 65-67 above, were consolidated with Amendments by the Aliens Restriction (Con- solidation) Order, 1914, printed at pp. 68-85. The Consolidation Order was extended and amended by the Aliens Restriction (Change of Name) Order, 1914. (c) The Wireless Telegraphy Act, 1901 (4 Edw. 7. c. 24), originally of limited duration, has been continued from year to year by the Annual Expiring Laws Continuance Act. (d) 4 & 5 Geo. 5. c. 29, printed at p. 13 above. (e) The Orders in Council ("Defence of the Realm Regulations") made under this Act (4 & 5 Geo. 5. c. 29), which was amended and extended by the Defence of the Realm (No. 2) Act (4 & 5 Geo. 5. c. 63), are printed at pp. 146-155 above. The Acts and the Regulations are for convenience of reference reproduced in consolidated form in Appendix B. printed at pp. 409-417 above. Supplement : —Statement at to Espionage issued by the Home 51 ( J ( tf/irr. to tlit- civil authorities to consider whether he should he charged with failing to register or with an\ other offence under the Aliens Restriction Act. (a) The present position is therefore thai espionage has I »• -< - 1 * made h\ statute a military offence triable by Court-martial. If tried under the Defence of the Realm Act the maximum punishment is penal servitude for life; but if dealt with outside that A< t as ;i war ciinic the punishment of death can be inflicted. At the presenl moment one case is pending in which ;i person charged with attempting to convey information to the enemy is iniw awaiting his trial by Court-martial; but in no other case has any dear trace been discovered of any attempt to convej information to the enemy, and there is good reason to believe that the spy organization crushed at the outbreak of the war has not been re-established. How completely that system had been suppressed in the early days of the war is clear from the fact disclosed in a German Army Order — that on the 21st of August the German .Military Commanders were still ignorant of the dispatch and movements of tin' British Expeditionary Force, although these had been known for many days to a large number of people in this country. The fact, however, of this initial success does not prevent the possibility of fresh attempts at espionage being made, and there is no relaxation in the efforts of the Intelligence Department and of the police to watch and detect any attempts in this direction. In caiiying out their duties the military and police authorities would expect that persons having information of cases of sus- pected espionage would communicate the grounds of the sus- picion to local military authority or to the local police, who are in direct communication with the Special Intelligence Depart- ment, instead of causing unnecessary public alarm and possibly giving warning to the spies by public speeches or letters to the Press. In cases in which the Director of Public Prosecutions has appealed to the authors of such letters and speeches to supply him with the evidence upon which their statements were founded in order that he might consider the question of prosecuting the offender, no evidence of any value has as yet been forthcoming. Among other measures which have been taken has been the registration, by order of the Secretary of State made under the Defence of the Realm Act,(b) of all persons keeping carrier or homing pigeons. The importation and the conveyance by rail of these birds have been prohibited; and. with the valuable assistance of the National Homing Union, a Bystem of registra- tion has been extended to the whole of the United Kingdom, (c) and measures have been taken which, it is believed, will lie effective to prevent the possibility of any birds being kept in this country which would fly to the Continent. Another matter which has engaged the closest attention of the police has been the possibility of conspiracies to commit outrage. No trace whatever has been discovered of any such conspiracy, and no outrage of any sort has yet been committed (a) 4 & 5 Geo. 5. c. 12, printed at p. 6 above. (b) This Order, dated September 21, 1914, is printed at p. 157 above. (c) The earlier Orders which were less extensive are printed at p. 156 above. 520 Supplement : — Statement as to Espionage issued by the Home Office. by any alien — not even telegraph wires having been maliciously cut since the beginning of the war. Nevertheless it has been necessary to bear in mind the possibility that such a secret con- spiracy might exist or might be formed among alien enemies resident in this country. Accordingly, immediately after the commencement of hostilities, rigorous search was made by the police in the houses of Germans and Austrians, in their clubs, and in all places where they were likely to resort. In a few cases individuals were found who were in possession of a gun or pistol which they had not declared, and in one or two cases there were small collections of ancient firearms, and in such cases the offenders have been prosecuted and punished ; but no store of effective arms — still less any bombs or instruments of destruction — have so far been discovered. From the beginning any Germans or Austrians who were deemed by the police to be likely to be dangerous were apprehended, handed over to the military authorities, and detained as prisoners of war; and, as soon as the military authorities desired it, general action was taken to arrest and hand over to military custody Germans of military age, subject to exceptions which have properly been made on grounds of policy. About 9,000 Germans and Austrians of military age have been so arrested and are held as prisoners of war in detention camps, and among them are included those who are regarded by the police as likely in any possible event to take part in any outbreak of disorder or incendiarism. Home Office, 8th October, 1914. EXPORTATION OP WARLIKE STORES, PROVISIONS, AND VICTUAL. Order of Council under section 2 of the Customs (Exporta- tion Prohibition) Act, 1914 (4 & 5 Geo. 5, c. 64) varying Proclamations and Orders of Council Prohibiting the Exportation of various Articles. (a) 1914. No. 1472. At the Council Chamber, Whitehall, the 6th day of October, 1914. By the Lords of His Majesty's Most Honourable Privy Council. Whereas it is provided by Section 2 of the Customs (Exporta- tion Prohibition) Act, 1914, (b) that any Proclamation or Order in Council made under Section 8 of the Customs and Inland Revenue Act, 1879, (c) as amended by the Act now in recital, (a) This Proclamation was published in the "London Gazette" of October 7th, 1914, being the 1st Supplement to the Gazette of October Gth ; in the " Edinburgh Gazette " of October 8th, being a Supplement to the Gazette of October Gth ; and in the "Dublin Gazette" of October Gth, 1914, being a Supplement to the Gazette of October Gth. (b) 4 & 5 Geo. 5, c. 64, printed at p. 23 above. (c) 42 & 43 Vict. c. 21. Supplement : -Exportation of Warlike Stores, Provisions, and 521 Victual. may, whilst a state of war exists, be retried or added to by an Order made by the Lords of the Council on the recommendation of the Board of Trade : And whereas there was this day read at the Board a recom- mendation from the Board of Trade in the following words: — (1) That the exportation of — Flaxen canvas, namely: — Royal Navy ( 'anvas : Merchant Navy Canvas; Kitbag Canvas; Hammock Canvas; Linen Duck Cloth ; Linen close canvas; Jute, raw; should be prohibited to all foreign ports in Europe and on the Mediterranean and Black Seas other than those of Russia (except Baltic ports), Belgium, France, Spain, and Portugal. (2) That the Heading " Glacial acetic acid " should be deleted from the list of prohibitions contained in paragraph o' of the Order of Council of the 8th September, 1914. (a , (3) That there should be added to the list of prohibitions of export to all destinations — Hemp cordage and twine, not including cordage or twine of manila hemp or reaper or binder twine: Blankets, coloured, exceeding 3h lbs. in weight, known as " : woollen " blankets; Hides of all kinds, dry or wet; Pig-skins, raw or dressed; Leather, undressed or dressed, suitable for saddlery, harness, or military boots; Sheep and lambs' wool, raw. Now, therefore, Their Lordships having taken the said recom- mendation 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, and all other persons whom it may concern, are to take notice and govern themselves accordingly. Almerie FitzRoy. IMPORTS AND EXPORTS. Boaed of Trade Notice, dated Octobeh 9, 19.10, to Importers and Exporters. (b) 1. The attention of importers and exporters is directed to the provisions of His Majesty's Proclamation, dated the 9th Septem- ber, relating to Trading with the Enemy. By paragraph 5 (7) of (a) Printed at p. 17"_' above. (b) This Notice was published in the "London Gazette" of October 9th, 1914, being the 5th Supplement to the Gazette of October 6th. Supplement : — Board of Trade Notice to Importers and Exporters. this Proclamation all persons resident, carrying on business, or being in His Majesty's Dominions are warned "not directly or indirectly to supply to or for the use or benefit of, or obtain from an enemy country or an enemy any goods, wares, or merchandise; nor directly or indirectly to supply to or for the use or benefit of, or obtain from any person any goods, wares, or merchandise,, for or by way of transmission to or from an enemy country or an enemy ; nor directly or indirectly to trade in or carry any goods, wares, or merchandise destined for or coming from an enemy country or an enemy." It is further provided by paragraph 3 that the expression "enemy " in the Proclamation means " any person or body of persons of whatever nationality resident or carrying on business in the enemy country, but does not include persons of enemy nationality who are neither resident nor carry- ing on business in the enemy country. In the case of incorpo- rated bodies, enemy character attaches only to those incorporated in an enemy country." 2. With a view to preventing breaches of this Proclamation it is hereby notified that the Commissioners of His Majesty's Customs and Excise have been authorized by His Majesty's Government to require Certificates of Origin or Declarations of Ultimate Destination respectively to be presented in respect of all goods, wares, or merchandise imported into or exported from the United Kingdom in trade with any foreign port in Europe or on the Mediterranean or Black Seas with the exception of those of Russia, Belgium, France, Spain and Portugal. 3. Declarations of Ultimate Destination will consequently be required until further notice in respect of all exports, without regard to value of consignments, to all the foreign ports referred to above. 4. For the present, however (except in regard to sugar), Cer- tificates of Origin will not be required in respect of imports of foodstuffs or in respect of any imports from ports other than those specified in Schedule I. below, or in respect of individual con- signments not exceeding £100 in value. The Certificates and Declarations referred to must be in the form prescribed by the Schedules II. and III. hereto. 5. Any goods, wares or merchandise imported from the above- mentioned foreign ports, except as provided in paragraph 4, unaccompanied by Certificates of Origin will be detained by the Commissioners of Customs and Excise until the requisite certifi- cates are produced. The Commissioners are, however, authorized in such cases, and at their discretion, to allow delivery of the goods on the security of a deposit or of a bond to the amount of three times the value of the goods with a view to the production of the necessary certificates within a prescribed period, provided that they see no reason for suspecting that the goods emanate from an enemy country. 6. Goods, wares, or merchandise sought to be exported to any foreign ports in Europe or on the Mediterranean or Black Seas, with the exception of those of Russia, Belgium, France, Spain Supplement : — Board of Trade Notice to Importers and Exporters. and Portugal, will not be allowed to be shipped until Declarations of Ultimate Destination in the form prescribed have been lodged with the proper Customs authority. 7. The following goods will be exempl from these require- ments : — (a) Goods imported or exported under Licence; (6) Goods shipped for the United Kingdom on or before the Hit!, October; (c) Goods in resped oi which Customs export entries bavf been accepted before the publication of this aotin . Board of Trade 9th October, 191 I »2o Schedule I . List of Ports in respect of Imports from which Certificates of Origin will be required {see paragraph 4 of Notice). Norway. Christiania. Bergen. Aremlal. Bodo. Christiansand. Christiansund. Drammen. Flekkefiord. Fredrikshald. Frederikstad. Hammerfest. Haugesund. Laurvig and Sandefiord. Lofoten Islands. Mandal. Molde. Moss. Nainsos. Narvik. Porsgrimd. Risbr. Skieh. Stavanger. Tonsberg. Troniso. Trondhjem. Vadsd. \ ardo. Kragero. Sweden. Stockholm. Borgholm. Gefle. Gotland (Wishui ). Hemosand. Iludiksvall. Kalniar. Lulea. Norrkoping. Nykoping. ( Irnskoldsvik. ( Iskarshamn. Soderhamn. Suudvall. Umea. Westervik. Skelleftea. Gottenburg. Carlscrona. Ealmstad. Hclsingborg. Landscroner. Malmo. Stromstad, Uddevalla. Warberg. Ystad and Ah us?. Marstrand. Supplement: — Board of Trade Notice to Importers and Exporters. Denmark. Copenhagen. Castrup. Nyborg. Kolding. Aalborg. Korsor. Aarhns. Lernvig. Bandliolni. Odense. Elsinore. Banders. Esbjerg. Eonne (Bornholm). Fredericia. Svendborg. Fredrikshavn. Thisted. Horsens. Netherlands. Rotterdam. Helder. Amsterdam. Leeuwarden and Harlingen Delfzyl. Maassluis. Dordrecht. Terneuzen. Flushing. Tiel. Groningen . Utrecht. The Hague and Ymuiden. Scheveningen. Italv Genoa. Savona. Spezia. Schedule II. Form of Certificate of Origin. I, , hereby certify that Mr. (Producer, Manufacturer, Merchant, Trader, etc.), residing at in this town has declared before me that the merchandise designated below, which is to be shipped from this town to , consigned to (Merchant, Manufacturer, &c.) in the United Kingdom, is not of German, Austrian, or Hun- garian production or manufacture, and has produced to my satis- faction invoices or other trustworthy documents in proof thereof. Number and description of cases Marks. Numbers. Weight or Quantity. Total Value. Contents. This certificate is valid only for a period of not more than from the date hereof.] (Signature of person declaring.) (Signature of Consular Authority issuing Certificate, and date.) Supplement: — Board of Trade Notice to Importers and Exporters. Schedule III. FORM OF STATUTORY DECLARATION. I, of do solemnly and sincerely declare as follows: — I have made all necessary inquiries in order to satisfy myself as to the ultimate destination of the goods, particulars of which are set out in the Schedule below, to be exported by me or on my behalf on board to , and consigned to oJ , and do hereby declare thai to the best of my knowledge and belief none of such goods are intended for consumption in any State at present at war with His Majesty, and I make this declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1835. Schedule. Number and description of cases. Marks. Numbers. Weight or Quantity. Total Yalue. Contents. Declared before me this (Signature of Commissioner of Oaths or Justice of the Peace.) day of (Signature of Declarant.) NATIONAL HEALTH INSURANCE. The National Health Insurance (Officers, Waeeant Officers, and Soldiers) Regulations (Scotland), 1914, dated octobee 9, 1914, made ry the scottish insurance Commissioners under Sub-section (7) of Section 46, and Sections 65 and 80 of the National Insi uance Act, 1911 (1 & 2 Geo. 5, c. 55). as lmended nv the National Instje- wce (Navy and Akmy) Act, 1914, WITH RESPECT to certain Officers, Warrant Officees, and Soldiers. 1914. No. 1481 Sr98* The Scottish Insurance Commissioners in exercise of the powers conferred on them by Sub-section (7) of Section 4G, and Sections 65 and 80 of the National Insurance Act. 1911, as amended by Supplement: — National Health Insurance of Officers, Warrant Officers and Soldiers (Scotland). the National Insurance (Navy and Army) Act, 1914, hereby make the following Regulations: — 1. These Regulations may be cited as the National Health Insurance (Officers, Warrant Officers, and Soldiers) Regulations (Scotland), 1914, and shall have effect as from the 1st day of August 1914. 2. — -(1) In these Regulations, unless the context otherwise requires, the following expressions have the respective meanings hereby assigned to them: — "The Act' means the National Insurance Act, 1911, as amended by the National Insurance (Navy and Army) Act, 1914 ;(a) " Officer" means any person who, being previously insured, serves during the present war as a commissioned or warrant officer of the Naval Reserve, or an officer of the Reserve or of the Territorial Force, or is granted a temporary commission in the regular forces during the continuance of the present war; " Soldier " means any soldier specially enlisted for the pur- poses of the present war; " Commencement of service " means, in the case of an officer, the date on which he begins to serve as an officer for the purposes of the present war, and in the case of a soldier, the date of his enlistment; " Discharge " includes any termination of service. (2) The Interpretation Act, 1889, (b) applies to the interpreta- tion of these Regulations as it applies to the interpretation of an Act of Parliament. 3. In the application of Section 46 of the Act as amended by the National Insurance Act, 1913, (c) and of any Regulations(d) made thereunder and for the time being in force (other than these Regulations), to soldiers after the commencement of service, the following adaptations and modifications shall have effect: — The provisions of Section 46 shall not apply to any soldier who was not immediately before enlistment an insured person, and who within such time as the Army Council may determine elects not to become insured during the period of his service. 4. In the application of the aforesaid Section and Regulations to officers and soldiers after the commencement of service, the following adaptations and modifications shall have effect: — (1) The commencement of service shall, in the case of officers, be treated as if it were the date of enlistment mentioned in Section 46 of the Act, and, notwithstanding anything in Sub-section (2) of Section 46, the provisions of Sub-section (3) of that Section, as modified by these Regulations, shall, in the case of an officer or soldier who has not joined an approved society before the com- mencement of service, apply immediately after that date. (a) 4 & 5 Geo. 5. c. 81, printed at p. 39 above. (b) 52 & 53 Vict. c. 63. (c) 3 & 4 Geo. 5. c. 37. (d) As to Regulations made previously to, or not in direct consequence of, the'War, see footnote (c), p. 194 above. Supplement : — National limit), Insurance of officers, Warrant 527 Officers and Soldiers (Scotland). (2)— (a) The provisions of paragraph (d) of Sub-section (3) of Section 4(i of the Ad shall aot apply to an officer or soldier who was immediately before the commencement of service a deposil contribntor, but any sum standing to his credit in the Deposil Contributors Fund shall be retained in that Fund until the date of discharge. (6) Upon bis discharge, paragraph (g) of Sub-section (3) of Section 40 shall ao1 apply, bul it be does aol become a member of tlm Navy and Army [nsurance Fund under the provisions of paragraph (h) of Sub-section (3) of Section 4G, the value of the contributions paid by or in respeel of bim between the commencement <>f service and the date of discharge shall be carried to his credit in the Deposit Contributors Fund. (r) If after the date of discharge he becomes entitled to benefits out of the Navy and Army Insurance Fund. be shall be treated as if the Navy and Army Insurance Fund were an approved society and he had become a member of that Fund at the commencement of service, and any sum standing to his credit in the Deposil Contributors Fund shall be dealt with accordingly. Given under the Seal of Office of the Scottish Insurance Commissioners this ninth day of October in the year one thousand nine hundred and fourteen. (l.s. I John C. McVail, Yice-Chairman. Joint Jeffrey, Secretary. PRIZE COURTS. Notification dated October 8, 1914, by Colonial Office of Constitution of Pbjze Coi rts in His Majesty's Dominions Oversea. (a) (To be substituted for the Notification on p. 7291 of the London Gazette of September lhth } 1914. (b) ) The Courts specified in the second column of the Schedule below have been duly constituted Prize Courts. They will probably, and subject in each case to the discretion of the Court, sit at the (a) This Notification was published in the " London Gazette " of October 9th, 1914. (b) That Notification which was dated September 14th was also public in the "Edinburgh Gazette" of September ltfth, 1914 : and in the "Dublin Gazette " of September 18th, 1914. 528 Supplement : — Notification of Constitution of Prize Courts in Oversea Dominions. places specified in the third column. The officers named in the fourth column have heen authorised to conduct prize proceedings on behalf of the Crown within the jurisdiction of the Courts against which their names are respectively written, and enquiries with regard to the release of cargoes other than enemy cargoes laden on enemy ships should, except where otherwise stated, be made to such officers. Schedule. Name of Court. Where Located. Officer. Australia, Com- Supreme Court of New South Sydney, New Crown Solicitor monwealth of. Wales. South Wales. for Common- wealth of Aus- tralia. Australia. Com- ,, Victoria ... Melbourne >) » monwealth of. Australia, Com- „ Queensland Brisbane » 1! monwealth of. Australia, Com- „ South Aus- Adelaide >• !) monwealth of. tralia. Australia, Com- „ Western Albany (or Perth) M )' monwealth of. Australia. Australia, Com- „ Tasmania Hobart ... »> )) monwealth of. Bahamas ,. Bahamas... Nassau ... Attorney General. Bermuda „ Bermuda... Hamilton, Ber- muda. » i) British Guiana .. „ British Guiana. Georgetown ... )) )! British Honduras „ British Honduras. Belize ... » 1! Canada ... Exchequer Court of Canada (or Quebec Deputy Minister Local Judges in Admiralty). of Justice. ,, ... ... Exchequer Court of Canada (or Halifax, Nova II II Local Judges in Admiralty). Scotia. Exchequer Court of Canada (or St. John's, New II )J Local Judges in Admiralty). Brunswick. Exchequer Court of Canada (or Victoria, British u » Local Judges in Admiralty). Columbia. )) ... . ■• Exchequer Co urt of Canada (or Charlottetown, i) ■ )) Local Judges in Admiralty). Prince Edward Island. Ceylon Supreme Court of Ceylon ... Colombo Attorney Gene- ral. Applica- tion for release to be made to Principal Col- lector of 'Cus- toms Falkland Islands Supreme Court of Falkland Is- Stanley Thomas Nelson lands. Goddard, Esq., Stanley. Fiji Fiji Suva Attorney General. Gibraltar „ Gibraltar ... Gibraltar ii ii Hong Kong ., Hong Kong Hong Kong ... Crown Solicitor. Jamaica „ Jamaica ... Kingston (or Port Royal). ii >) Leeward Islands ., Leeward Is- Antigua (St. Attorney lands. John's). General. Malta ... Commercial Court of Malta Malta (Valletta) Crown Advocate. Supplement: — Notification of Constitution of Prii ' irti in Oversea Dominions. Name of Court, Where Ijoci ' Mauritius Sujin irt of Mauritius Port Louis, I' eur Maori tins •ral. Newfoundland... „ Newfoundland 81 . John -. New- ney foundland. •ral. New Zealand ... New Zealand Dunedin )i Wellington .. Christchurch ... • Auckland .. Sierra Leone ... „ rra Leone Sierra Leone (.Freetown). :< South Africa, The Cape of Good Hope Si mun g Hay or Messrs. Fair- Union of Provincial Division of the Capetown. bridge, Ar- Supreme Court. derne and Lawton, Cape- town. South A frica, The Natal Provincial Divi- Durban .Mr. Oalder, At- Union of. sion of the Supreme Court. torney, Dur- ban. Straits Settle- Supreme Court of Straits Singapore Attorney ments. Settlement-. General. Trinidad Supreme Court of Trinidad Port of Spain ... .. Windward Is- Royal Court of St. Lucia ... St. Lucia (Cas- T. A. Drysiale. lands. tries). Esq., Stipen- diary Magis- trate. 1st Dis- trict. TERRITORIES UNDER THE GOVERNMENT OF INDIA. Name of Court. Where Located. cer. India i Court of Judicature, Calcutta Solicitor to Go- < laloutta. vernment. ... ■ • • High Court of Judicature, Bombav Solicitor to Go- Bombay. vernment. High Court of Judicature, Madras... Solicitor to Go- .Madras. vernment. Court of the Judicial Com- Karachi Govern m e n t missioner in Sind. Pleader of Ju- dicial Commis- sioner's Court. Sind. Burma Chief Court of Lower Burma Rangoon Govern m ent Advocate. Aden Court of the Resident Aden ... Second Assistant to itical Resident. Colonial ( )ffice, 8th October, 1914. 5750 a l 530 Supplement: — Proclamation amending tJie Trading with the Enemy Proclamation No. 2. TRADING WITH THE ENEMY. Proclamation, dated October 8, 1914, (a) amending the Trading with the Enemy Proclamation No. 2. 1914. No. 1479. By the King. A Proclamation relating to Trading with the Enemy. George R.I. Whereas it is desirable to amend Our Proclamation of the 9th September, 1914, called " The Trading with the Enemy Proclamation, Xo. 2 "(*>) : Now, therefore, We have thought tit, by and with the advice o! Our Privy Council, to issue this Our Royal Proclamation declaring and it is hereby declared as follows: — 1. Paragraph 5, heading (0), of the Trading with the Enemy Proclamation, 2\o. 2, is hereby revoked, and in lieu thereof the following heading shall be inserted in the said Paragraph 5 as from the date hereof : — (6) "Not to make or enter into any new marine, life, fire or other policy or contract of insurance (including re-insurance) with or for the benefit of an enemy; nor to accept, or give effect to any insurance of, any risk arising under any policy or contract of insurance (including re-insurance) made or entered into with or for the benefit of an enemy before the outbreak of war ; and in particular as regards Treaties or Contracts of re-insurance current at the outbreak of war to which an enemy is a party or in which an enemy is interested not to cede to the enemy or to accept from the enemy under any such Treaty or Contract any risk arising under any policy or contract of insurance (in- cluding re-insurance) made or entered into after the outbreak of war, or any share in any such risk." 2. — (1) The expression " Order of Council made and published on the recommendation of a Secretary of State " in Paragraph 5, heading (TO), of the Trading with the Enemy Proclamation, No. 2, shall, as regards persons resident carrying on business or being in Our Dominions beyond the Seas, be taken to mean an Order of the Governor in Council published in the Official Gazette. (2) The expression " Governor in Council " in this Paragraph means as respects Canada the Governor-General of Canada in Council, as respects India the Governor-General of India in fa) This Proclamation was published in the " London Gazette" of October 8th, 1914, being a Supplement to the Gazette of October 6th ; in the " Edinburgh Gazette' of October 9th, 1914 ; and in the " Dublin Gazette" of October 9th. (h) Printed at p. 378 above under the heading "Trading with the Enemy." Supplement: — Proclamation amending the Trading with the Enemy Proclamation No. 2. Council, as respects Australia the Governor-Genera] of Australia in Council, as respects New Zealand the Governor of New Zealand in Council, as respects the Union of South Africa the Governor- General of the Union of South Africa in Council, as respect* Newfoundland the Governor of Newfoundland in Council, and as respects any other British Possession the Governor of that Possession in Council. 3. The power to granl Licences on Our behalf vested by Para- graph 8 of the Trading with the Enemy Proclamation, No. 'J, in a Secretary of State may be exercised in Canada. India, Australia and the Union of South Africa by the Governor- General, and in any British Possession not included within the limits of Canada, India, Australia or South Africa by the Governor. 4. In this Proclamation the expression "Governor-General' includes any person who for the time being has the powers of the Governor-General, and the expre--ion "Governor' includes the Officer for the time being administering the Government. 5. Notwithstanding anything contained in Paragraph Aiding- or Abetting. Accounts of capital expenditure under Bousing No. 2 Act, 1914 1 c. 52 ■ I, and amendment Act (c. 71 1 bo be laid before Bouse of Oommona 1 - Accoutrements. See Uniform. Aden. Court of the B constituted a Prize Court 527 Admiralty. Powers under Emergency Statutes:— under Defence of the Realm Acts, 1914 (c. 29, s. 1 : c. 03, s. 1), to be conferred by Regulations thereunder ... 13, 22, 409 Tn juries in War (Compensation I Act, 1914 (c. 30) 14 to apply tn Navy provisions of Army Act as to : — billeting, c. 70, s. 1 -* impressment of carriages, £c.,c. 70, s. 1 ... ... ... 28 pledging of uniforms, certificates, &c, c. 89, s. 1 46 Emergency. Orders of oh directly concerning : — Extension of Service of time-expired men 205 Calling Officers into Active Service Calling out Naval Reserves ... ... Proclamation calling on all subjects to obey Admiralty regulations ... ... ... ••• ••• ••• ••• ^ 3 Defence of the Realm Regulations conferring powers on Admiralty and -Competent Naval Authority" ap- pointed by them 146-155,409-117 Distribution of Naval Prize ... ••• 208 Separation Allowances to Seamen's Wives and Children 209-211 also Billeting- ; Injuries in War ; Requisi- tions of Emergency. Prize COURTS. Constitution of Courts and Procedure thereof. See Prize Courts. Transport Arbitration Board. Constitution of Aerial Navigation. See Aircraft. Affidavits. in Prize Court cases generally as to Ships' Papers ... ... ... ... ••• ••• ••• 265 A full Index to the Prize Courl Pane-; and Forms is printed... ... 353 Affiliation, Order of. Courts (Emergency Powers) Act (c. 78), s. 1 (1) not to apply to enforcement of ... ... ... ■•• ••• ••• ■•• ll-l Agent : of person trading in enemy country (c. 87), s. 2 (2) (c) 44 Agriculture, Boards of, see Board of Agriculture and Fisheries ; Board of Agriculture for Scotland ; De- partment of Agriculture, dec, Ireland. Aiding or Abetting in commission of act prohibited by special regula- tions equivalent to commission. (Defence of the Realn B 150,416 Aircraft. Order of Secretary of State prohibiting navigation of 4, Requisitioning of by military officers ... ... ... ••• ••• 9 ( ' „ " naval officers -- 226 Restrictions on possession of by aliens (Aliens Restriction (Cons.) Order, Arts. 6,22) ''•'• " 4 534 Attention is directed to t/ie Note at p. 532, which describes the plan of the INDEX and its scope. I'AGE Alarm, Report likely to cause. Power to prohibit spreading of (Defence of the Realm (No. 2) Act (c. 63)) 22,409 Spreading of, prohibited. (Defence of the Realm Regs.. 21) ... 153, 414 Alien Enemy. See Enemy. Aliens Restriction. See also Isle of Man. Act (c. 12) enabling imposition of restrictions by Order in Council 6 Aliens Restriction Order, 1914. (Aug. o) ... ... ... ... 48 Aliens Restriction (No. 2) Order, 1914. (Aug. 10) 63 Aliens Restriction (No. 3) Order, 1914. (Aug. 12) 65 Aliens Restriction (No. 4) Order, 1914. (Aug. 20) 67 Aliens Restriction (Consolidation) Order, 1914 (Sept. 9), imposing restrictions on aliens entering or leaving United Kingdom and obligations on masters of vessels, providing as to residence and registration of aliens and restricting provision of firearms. &c, circulation of newspapers and carrying on banking by alien enemies... ... ... ... ... ... .. ... ... 68 Aliens Restriction (Change of Name) Order, 1914. (Oct. 8) ... 515 Home Office Statement as to Act and Orders ... ... ... ... 516 Allowances in respect of War Service. To Constables. See Police Constables. Wives, Children and Dependents of, and Children of Soldiers and Sailors 94,209 Ally. Conjunct capture with, of ship (see Naval Prize Act. 1864 (27 & 28 Yict. c. 25, s. 35) ), procedure in Prize Court cases ... 288 A full Index to the Prize Court Rules and Forms is printed at pp. 353-364. Animals. Diseases of. Diseases of Animals. Impressment of. See Requisitions of Emergency. Slaughter of. Slaughter of Animals. Appeals to His Majesty in Council. Sec Judicial Com- mittee. Appropriation Accounts. Housing accounts to be audited as (c. 52, s. 2 (5) ; c. 71) ... ... 18, 29 Arbitration by Admiralty Transport Arbitration Board as to payment for use of ships requisitioned as Transports and Auxiliaries ... ... 390 by Judge of High Court or Court of Session as to price of article unreasonably withheld from market (c. 65, s. 2) ... ... ... 24 Area. See Proclaimed Area ; Prohibited Area. Arms and Ammunition. Aliens, Restrictions on as to : — Bringing of arms, &c , into U.K. by any Alien and possession of by Alien Enemies prohibited. (Aliens Restriction (Consolida- tion) Order, 1914, Arts. 6,. 22) 09.74 Defence of the Realm Regulations as to :— Duty of any person to inform competent naval or military authority of unlawful possession of. (Defence of the Realm RegS 10) 147,412 Exportation of. Prohibited. Ser Exportation. Army. Continuation of Soldiers in Army service ... ... ... ... 86 Calling out of Army Reserve ; embodiment of Territorial force ... 87 Additions to numbers of regular army ... 93, 94 Increase of Separation Allowances for wives and children of soldiers 94 Army Pensions Act, 1914 (c. 83) providing for payment in advance of pensions ... ... ... 40 Army (Supply of Food, Forage, and Stores) Act, 1914 (c. 26) enabling requisitioning of food, forage and stores ... ... ... ... 11 See edso Billeting- ; Requisitions of Emergency. Attention is directed to the Note ft /<. ■>'■'>'!. which describi tin j, tan of the I \ DEX and its scope, PA ■ I. Army Act (44 & 45 Vict. c. 58 >. [Note. \ ■ i ill. amendments made in. an«l tin.- reprin m amended of this Act, a footnote (a), p. 11.] Billeting in Cases op Emergency (s. 108a) :— [a. 1 08 A milking in case of emergency peraona other than ki victualling bouses liable to billet*, was added by 9 Edw.7. i ind amended B . 3 I ■• ■■ >. >. c. -'. 8. I. Orders as to military billeting ... ... ... ... ... " provisions of (s. LU8a, &c | extended | <■. 70) to naval forces ... modificatioi a of Act in Buch extension to naval forces ... 212-22 Requisitions of Emergency (*.l\?>): — . .\.-: (c. 26), extending s. 1 15 of Army Act to food, fo 11 [ 8. 115 was also amended and ■ L bj the Army Annual Ad 1888, 1909, L913, and I'.'U.J Orders as to military requisitions of emergency ... ... ... 90 provisions of (s. ll">, &c.) extended (>■. 7U) '" naval forces modifications of Act in such extension to naval forces ... 220 -226 Penalty on Porchasing, &c, prom Soldiers, Equipment, &c. (s. 1G5): — [a hi."- was extended by Armj Annual Acta, 1891, 1904 and 19 . provisions of s. 1(>."> extended (c. 89) to naval forces ... ... 46 Ammunition, > Arms and Ammunition. Army Council. :- 'I'nr Armj Council was first cob I by L ttera Patent February titb, 1901 ; on any change in the Membei -;' the Council new I. Patent are issued in the form printed in "Statutory Rules ami Orders, L912, p. 1249. Certain powers of the Secretary of State, jfce., were transferred to I Council by the Army Annual Act, 1909 (9 Edw. 7. c. 3 . -. l. and the resulti modifications appear in Army Act as annually reprin:.'!. Set footnote (*), p. ll« POWERS CJNDER EMERGENCY STATUTES : — Army Pensions Act (c. 83) ... ... ... ... 4»> Defence of the Realm Acts, 1914 (cc. 29, 63) 13, 22, 409 Injuries in War (Compensation) Act, 1914 (^c. 30) ... ... 14: Emergency Orders made by or on Representations of. Proclamation calling on all subjects to obey Army Council regula- tions ... ... ... ... ... ... ... ... ••• 145 Defence of the Realm Regulations conferring powers on Army Council, and " competent naval authority " appointed by them 14G-155, [409-417 See Billeting-; Injuries in War; Requisitions of Emergency. Army Reserve. CALLING Out. Proclamation calling out the Reserve ... ... 87 Electoral Disabilities. Removal of caused by absence on war service (c. 20) ... ... ... ... ... .-. Family Allowances for police reservists (cc. 34, 80, 84) ... 15, 38, 41 Health Insurance. Act (c. 81) extending s. 46 of the National Health Insurance Act, 1911, as to previously insured officers of tin' reserve ... ... ... ... ... ... ... ••• ;; ''' Regulations thereunder as to insurance of such offic ... 193-197,525 Regulations under earlier powers (sec note (_c) p. 191) as to insurance of rcMi\ i>t> ... ... 197-204 Superannuation Allowances of police reservists I ■"!) ... 38,41 Army (Supply of Food, Forage and Stores) Act (c. 26), extending the provisions of the Army Act as to requisitions of emergency to such supply ... ... ... ... ••• ••• ••• H Arrest. Op SHIP. Procedure in Prize Court cases 26 2't -S8 A full index to the Prize Court Rulea and Forms is printel at pp. 353 36 l. Of Spies. Home Office Statement as bo ... ••• °1° Without warrant of persons suspected of acting against the safety of the Realm, or of committing offe; Lnst regula- tions (Defence of the Realm Beg. 13 148,413 536 Attention is directed to the J\ 7 otr at p. 532, which describes the pi 'an of the INDEX and its scope. Articles of Commerce. page Act (c. 51) enabling the Board of Trade during a state of War to {under Proclamation) take possession of Foodstuffs unreasonably withheld 16 Articles of Commerce (Returns, &c.) Act, 1914 (c. (55), giving the Board of Trade powers during a state of War to obtain inf orma- tion as to quantity of Articles of Commerce in, or in transit to the United Kingdom, and for enabling (under Proclamation) Possession to be taken of any such Articles unreasonably with- held at price fixed by arbitration ... ... ... ... ... 23 Repeal of 4 & 5 Geo. 5, c. 51 by 4 & 5 Geo. 5, c. 65, s. 4 (3) 25 Proclamation of September 17th, 1914, under 4 & 5 Geo. 5, c. 65, s. 2, authorising Board of Trade to take Possession of Supplies of any Articles of Commerce which are being unreasonably withheld from the Market ... ... ... 96 Assessors. Trinity Masters or others in Prize Court cases... ... ... ... 277 A full Index to the Prize Court Rules and Forms is printed at pp. 353^364. Attempts to Commit Offence. Under special regulations equivalent to offence (Defence of the Realm Regs., 26) 150,416 Attorney-General. (a) Consent of requisite to prosecution under Trading with the Enemy Act, 1914 (c. 87), ss. 1 (4), 4 (2) 43 Attorney-General for Ireland. ( ionsent of requisite to prosecution under Trading with the Enemy Act, 1914 (c. 87), ss. 1 (4), 4 (2) 43,45 Audit of accounts under Housing (No. 2), Act (c. 52), s. 2 (5) ... 18 Australia, Commonwealth of. Supreme Court of each of the 6 States constituted a Prize Court ... 527 Trading with the Enemy, powers of Governor General ... ... 530 Austria-Kting-ary. And see Enemy. Notification of State of War with 1 Proclamation applying to Austiii-Hungary certain Proclamations ;.ad Orders in Council directed to the War with Germany ... 97 Exequaturs of subjects of exercising Consular functions for Third Powers revoked ... ... ... ... ... 106 Bahamas. Supreme Court constituted a Prize Court ... ... ... 527 Sail. Procedure as to in Prize Court cases ... ... ... ... ... 271 A full Index to the Prize Court Rules and Forms is printed... 353-364 S3.1t^c Shorts Exportation to of certain goods prohibited ... 160-176, 520, 403-407 Bank of England. Limitation on note issue as fixed by law before the Emergency (footnote (c)) 10 Currency and Bank Notes Act, 1914 (c. 14) empowering Bank to issue notes in excess of limit so fixed ... ... ... ... ... 9 Payment by, in coin for currency notes, and postal orders, at face value (c. 14, ss. 1 (3) (6)) ... ... 9 Correspondence between Treasury and Bank, as to assistance in regard to Bills of Exchange ... ... ... ... ... ... 101 Representation of, on Admiralty Transport Arbitration Board ... 392 Bank Holidays. Proclamation appointing Tuesday, Wednesday and Thursday, August 4tb, 5th and 6th, 1914, Bank Holidays throughout the United Kingdom ... ... ... ... ... ... ... ... 99 Similar Order in Council and Proclamation of the Lord Lieutenant... 100 (a i A h>t of tin -* Bill of Exchange. Bills payable Outside the British Islands. Billsod Exchai Act, 1914 (c. 82), excusing delay in presentment, of bills due to War and providing for proof by copy certified by notary public of bill lost owing to War 40 |\ - 1 ponement or Pay.ment of Bills. S < Postponement of Payment. Correspondence between the Treasury and the Bank of England and aents appearing in the Press as to Government Assistance with regard to pre-moratorium bills 101-106 Billeting- in Cases of Emergency (Army Act, s. I 8a). 108a, making in case of emergency persons other than k. victualling houses liable to billets was I by 9 Edw. 7. c. 3, s. 7. and amended by 3 < reo. 5, c. 2, s. I.] Army Billeting :— Orders authorising General or Field Officers to issue requisitions 'JO-93 Naval Billeting : — Act (c. 70) extending to the Naval Forces the provisions of the Army Act as to such requisitions ... ... Modifications effected in the Ann;, Act as so applied ... 220-226 Black Sea Ports (except Russian). Exportation to of certain goods prohibited ... L60-1 76, 520, 403-407 Blockade (in Time of War). To be binding must be maintained by prevention of ac enemy's Bt-line and be declared and notified. (Declaration of Pi Declaration of London, An-. 3, 8, 9, 11, L6, and '■ Commentarj " then , 151, 468, 471-476 \ns. 1-21 of Declaration of London relating to blockade and » Commentary " thereon ~ ... 449-451, 468 478 Order in Council (Aug. 20th, 1914) directing that during the War the Declaration of London shall, Bubject to modifications as to Contraband (q. v.) and to a provision as to what ships the « dstence of blockade shall be presumed to be known to, be put in force as if it had been ratified and that all Prize Courts shall construe and interpret the Declaration by the light of the Commentary on the Declaration forming the General Report of the Drafting Committee on the Declaration 143 i,ai This provision is revocable by Proclamation: it has not (October 9th, 191 1 1 been bo revoked. .537 538 Attention is directed to the Note at p. 532, which describes the plaii of the INDEX and its scope. I'AGE Board of Agriculture and Fisheries (a) : Powers of— Housing (No. 2) Act (c. 5'2), ss. 1, 2, to acquire and dispose of lands and buildings for housing in agricultural districts ... ... 17 Slaughter of Animals Act (c. 75), s. 1 ... ... ... 31 Order of the Board (Aug. 6th) suspending the operation of certain Orders under the Diseases of Animals Acts (a) ... ... ... 158 Board of Agriculture for Scotland (a) : Power of, under — Housing (No. 2) Act, 1914 (c. 52), s. 3 (2), to acquire and dispose of laud and buildings for housing in agricultural districts ... ... 19 Slaughter of Animals Act, 1914 (c. 75), s. 2 ... ... ... ... 31 Board of Customs and Excise. See Contraband ; Exportation ; Importation. Board of Education. See School Teachers Super- annuation. Board of Inland Revenue. See Death Duties (Killed in War) Act, 1914; Stamp Duties. Board of Trade. POWERS UNDER EMERGENCY STATUTES : — under Articles of Commerce (Returns, &c.) Act (c. 65)(b), power to require returns of any articles, and if authorised by Pro- clamation, to take possession of same and to make inter- departmental arrangements with other Departments to exercise powers on behalf of Board ... ... ... ... 23 under Customs (Exportation Prohibition) Act (c. 64) to recom- mend variance of Proclamations by Order of Council ... 23 under Patents, Designs and Trade Marks (Temporary Rules) Act (c. 27) and Amendment Act (c. 73) to make Rules for the avoidance, or suspension, of Patents, Designs and Trade Marks where the proprietor is a subject of any enemy State, and to grant licences in respect thereof to persons other than subjects of enemy States ... ,., ... ... 12, 30, 439 under Trading with the Enemy Act (c. 87), to lay information or give authority to inspect books and documents and to apply for the appointment of a controller of a firm or company ... ... ... ... ... ... ... ... 42-45 Emergency Orders of or directly concerning : — Exportation, Orders of Council prohibiting, made on Board's recommendation... ... ... ... ... ... 170-176,520 Patents, Designs and Trade Mark Rules made by Board 226-236 Railroads, President of Board empowered by Warrant to take possession of ... 369 Trading with the Enemy. Licences of Board under par. 8 of Proclamation No. 2 381, 383 Announcement as to British cargoes in enemy ships in neutral ports ... ... ... ... ... ... 383 Certificates of Origin, or Declarations of Ultimate Destination, Notice by Board as to ... ... 521 Proclamations and Orders in Council made on the representation of the Board or conferring powers on them are indexed under the subject- matter. Boats. See Vehicles and Vessels. Bombay : High Court of Judicature constituted a Prize Court ... 527 Books or Documents, Inspection of. See Trading- with the Enemy. (a) As regards the two Emergency Acts (cc. 52, 75) the powers of the two Boards are confined to England and Scotland respectively, but as regards the Diseases of Animals Acts under which the Emergency Order of Aug. 6th was made the Board of Agriculture and Fisheries powers extend to Scotland and the Scottish Board has no powers. (t>) This Act repealed the Unreasonable Withholding of Food Supplies Act, 1914, which also conferred powers on the Board, but under which no Proclamation was ever issued. Attention is directed to the Note at p. 532, which describes 539 theplan of the INDKX and its scope. PAGE Branch of Enemy's Business, Transactions with. Set Trading with the Enemy. Breeding- Stock of Animals. Maintenance of, by prohibition of Slaughter by Order (c. lb) ... ■>[ British Guiana Supreme Court constituted a Prize Ci British Honduras. Supreme Court constituted a Prize Court British Possession. Exportation' of provisions and victual to loo 174, «JO Prize Courts, Notification as to constitution of ■'-' Operation in of 1914 Rules sb from (local) proclamation 299 Trading with the Enemy, powers of Governors o3(J British Protectorate and Protected State. Exportation of provisions and victual to ... ••• ...165 1.1.405 British Ships. Requisitioning of^ as transports and auxiliaries, and payment for same dBb-ayo Building's. See also Entrance by Force. Power to take possession of, to place in Btateof d< fence, or bo destroy (Defence of the Realm RegB., 2 ••• Hw. 410 Burgh Police (Scotland) Act, 1892 (55 & 56 Vict. c. 55). gs. 96 98 (relating to special constables in burghs) extended with modifications to counties (4 & 5 Geo 5. c 53, s. 2) 19 These Bectiona as bo modified and applied are printed in Appendix E 44U Burma : Chief Court of Lower Burma c< astituted a Prize Court ... 527 Calcutta: High Court of Judicature constituted a Prize Court ... 527 Camera : Hearing of cases in camera under English. Scottish, and Irish Rules of Court. Courts | Emergency Powers) Act. 1914 118, 126, 132 Canada. Exchequer Court of (or Local Judges in Admiralty; at Quebec, Halifax (Nova Scotia), St. Johns (New Brunswick), Victoria I British Columbia), and Charlottetown (Prince Edward Island) —constituted Prize Courts 527 Trading with the enemy, Powers of Governor-General 53'J Cape of Good Hope: Provincial division of Supreme Court constituted a Prize Court 527 Capital Expenditure Money Act, 1904 (4 VAw. 7. c. 21). Applied to Housing expenses (c. 52, s. 2 (4) ; c. 71) 1°, M Carg-o. Q . qn< . Restitution or sale of, procedure in Prize Court cases « ■ ~?o \ i,,n [ndes i" the Prize Court Rules and Poima is printed at pp. 353-364. Carriages. See Vehicles. Carrier Pig-eons. See Pigeons. Censorship, cable and postal : Home Office Statement, as to ... 51G Certificates entitling to issue of Currency Notes. S Currency Notes. Certificate for sale of Exciseable Liquors in Scotland. Restriction on sale of exciseable liquors by holder of under [ntox ting Liquor (Temporary Restriction) Act (c. 77) 33 Certificates of Naval Service. Extension of Army Act, s. 156, with adaptation to (c. 89) 4b Certificates of Origin of Merchandise required in certain cases ... Ceylon : Supreme Court constituted a Prize Court 52< Change of name by Alien enemy aftei commencement of War ' prohibited ... 516 Channel Islands. See Exportation; Jersey; Wireless Telegraphy. 540 Attention is directed to the Note at p. 532, which describes the plan of the INDEX and its scope. PAGE Children of Absentee on War Service. Poor relief received by, not to disqualify father as elector ... ... 11 Separation allowances to, where father a Constable. See Police Constables. „ „ ,, Sailor or Soldier ...'.'4, '209 Chronological Table of Emergency Xieg-islation (Aug. 1st to Sept. 30th) v-xi Civilians. Compensation granted to, whilst employed afloat, for injuries in War. excluded from claiming other compensation or damages ... 14 Clubs. Closing of, frequented by alien enemies ; search (Aliens Restriction Order, Art. 25) ... ... ... .. ... ... ... ... 76 Subject to order of restriction under Intoxicating Liquor (Temporary Restriction) Act (c. 77), s. 1 (1) ... ... ... ... ... 33 Colonial Office. See Secretary of State. Notification by Secretary of State as to constitution of Prize Courts in His Majesty's Dominions Oversea ... ... ... ... 527 Common Law. Damages excluded where compensation under scheme (c. 30, s. 1 (3)) 14 Penalty on contravention of by trading with enemy (c. 87) ... ... 42 Company. Liability of directors, secretary, &c. for trading with the enemy ; inspection of books ; appointment of receiver. See Trading with the Enemy Act (c. 87), ss. 1 (3), 2 (1) (2), 3 ... 43-5 Compensation: Under Injuriesin War (Compensation) Act, 1914 (c. 30) 14 W here capture of Vessel or Goods not upheld by Prize Court ( Declara- tion of London, Art. (54) 462,509-511 Comptroller and Auditor General. Audit by, and Report on Housing Accounts (c. 52, s. 2 (5) ; c. 71)... 18, 29 Consolidated Fund. Issue out of, for Housing purposes (c. 52, s. 2) ... ... ... 18 Charge oP War Loan on (c. 60, s. 1 (2)) ' 20 Conspiracy by alien enemies : Home Office Statement as to ... 516 Constables S e Police ; Police Constables ; Special Constables. Constabulary (Ireland). See Police Constables. Constabulary (Ireland) Acts, 1836 to 1908. Power by Order in Council to apply any of the provisions of these Acts to Special Constables (q.v.), 4 & 5 Geo. 5. c. Gl, s. 1... 20 Consular Representatives. Royal Warrant revoking exequaturs of German or Austro-Hungarian subjects, as consular representatives of third Powers ... ... 106 Contraband of War List of Contraband Goods : Lists of Articles which may be treated as absolute and con- ditional contraband respectively (Declaration of London. Arts. 22, 24) 452,453,479-181 Additions to lists by notified declarations (Declaration of London, Arts. 23, 25) 452,453,480-482 Waiver of right to treat article as contraband by notified declaration (Declaration of London, Art. 26) 454,482 Articles which may not be declared or treated as contraband (Declaration of London, Arts. 27-29) 454,482-484 Proclamation (Aug. 4th, PJ14) specifying Lists of Articles to be treated as Absolute and Conditional Contraband respectively during the War with Germany ... ... ... 108 Proclamation (Aug. 12th) extending that of Aug. 4th to Austria-Hungary ... ... ... ... ... ... 97 Attention is directed to the Note at p. '>.V±, which di icri >es >4 I the plan of the [NDEX and its scope. I'A'.I Contraband of War — continued. Order in Council (Aug. 20th) directing that the Declaration of London shall (luring the War be pat in force as if it had been ratified by H. *f ., subject to the substitution of the Lists of Absolute and Conditional Contraband contained in the Proclamation of Aug. 1th for those in Arts. 22, 24 of the Declaration (a), and that all Prize Courts shall construe and interpret the Declaration by the Light of the Commentary on the Declaration forming the General Report of the Dialling Committee on the Declaration ... 1 13 Proclamation (Sept. 21st), declaring that notwithstanding Art. 28 of the Declaration of London certain additional Articles shall he treated as Conditional Contraband ... 1 1 1 Lists of Absolute and Conditional Contraband 407,408 Liability to Capture : — Proclamation (Aug. 5th) that British ships carrying contraband from one foreign port to another are liable to capture ... 110 Enemy contraband under neutral flag, and neutral contraband under enemy Hag liable to capture. (Declaration of Paris) ... 446 of Absolute Contraband ; destination. (Declarati >f London, Axts.30-32) 455,481,486 of Conditional Contraband: destination. (Declaration of London, \ s.33-36) 455,4.00,486 489 Order in Council (Aug. '20th, 1914) ordering that during the War the Declaration shall, subject to a modification (b) as to the liability of conditional contraband to capture, be put in forca as if it had been ratified, and directing that all Prize Courts shall construe and interpret the Declaration by the light of the Commentary on the Declaration forming the General Report of the Drafting Committee on the Declaration ... 143 Condemnation of, and ok Vessels carrying (Declaration of London, Arts. 89-44) 457.489 192 Order in Council (Aug. 20th, 1914) putting the Declaration in force as stated under " LIABILITY of CAPTURE " above ... 143 Euemy Merchant Ships in British Ports at outbreak of hostilities not to ship, and to discharge already loaded contraband. (Order in Council, Aug. 4th, Arts. 3, 4) ... ... ••• ••• 13* Contract with enemy government amounts to high treason ... ... ... 17 1 with, or for benefit of, an enemy prohibited. (Trading with the Enemy Proclamation (No. 2)) ... ... ... ... ... ... ... 378 postponement of payment under, by Proclamation : — under Postponement of Payments Act (c. 11), s. 1 5 Proclamations so postponing 238-248 postponement of payment under, by Court (c. 78, s. 1) ... ... 35 Controller of Firm or Company. S& Receiver and Manager. Convoy. Neutral vessels under National convoy exempt from search. (Decla- ration of London, Arts. 61, 62, an Commentary) ... 461 , 506 508 Costs : Ln Appeals to Judicial Committee 435. 43t>. -438 of applications under Conns (Emergency Powers) Act (c. 78) ... 119 in Prize Court cases ... ... ... ••• ••• ••• 278,279 A full Index to the Prize Court Rules and Forms is printed at pp. 353 364. (a^ As to Other modifications of the Declaration, see LIABILITY TO CAPT1 BE below and Blockade.. (b) As to other modifications of the Declaration aB put in t . LIS OF CONTRA- r.AN D Goods above, and Blockade. 542 Attention is directed to the Mote at p. 532, ichicli describes the plan of the INDEX and its scope. County Courts, England. page Applications to, under Court (Emergency Powers) Rules and Direc- tions, see Courts (Emergency Powers). County Coart Rule (O. VII., r. 36 (2) (3)), having reference to the Postponement of Payments Act (c. 11), and Proclamations thereunder ... ... ... ... ... ... ... ... 112 [The code of County Court Rules as consolidated in 1903 is printed in the il Statutory Rules and Orders Revised " (1904), Vol. III. " County Court. England," pp. 89-578. During the subsequent 10 years there have been made 12 sets of amending Rules, all of which except the above "Emergency" Ride, and those as to Agricultural Holdings and Trade Unions (Order XLlB) are as from November 1st, 1914, consolidated as ■' The County Court Rules, 1914 (No. 3) (1914, No. 1299).] Treasury Order as to Fee, on summons under Courts (Emergency Powers) Act and Rules ... ... ... ... ... ... 115 County Courts, Ireland. Applications to under (Irish) Court (Emergency Powers) Rules 127-136 Court of Session — Powers of under Emergency Statutes : — judge selected by Lord President to arbitrate as to price of Articles taken possession of under Proclamation (c. 65), - . — ! I ) ••• ••• ••• •*• • * • ••• •■■ ••• — i to make Act of Sederunt and give directions under Courts (Emergency Powers) Act (c. 78), ss. 1 (5), 2 (2) 36 to appoint receiver and manager on application of Board of Trade under Trading with the Enemy Act (c. 87), ss. 3, 4(3) 45 Courts. See County Courts ; Court of Session ; Courts (Emergency Powers) ; Courts Martial ; High Court; Prize Courts; Summary Jurisdiction. Courts (Emergency Powers): — Act (4 & 5 Geo. 5. c. 78) giving, in connexion with the present War, further powers to Courts in relation to the remedies for the recovery of money, and in relation to other similar matters ... 35 Courts (Emergency Powers) Order, 1914 (Order in Council) ... 114 Rules and Directions made by the Lord Chancellor : — Courts (Emergency Powers) Rules, 1914 (Sep. 8th), and prescrib- ing certain fee3 ... ... ... ... ... ... 115-120 Directions (Sept. 11th) for Judges and Registrars of County Courts ... ... ... ... ... ... ... ... 120 Further Directions (Sept. 17th) to County Courts 121 Directions (Sept. 17th) as to Courts of Summary Jurisdiction 124 Additional Rule (Sept 18th), Rule 4a 124 Act of Sederunt of Court of Session, Scotland ... ... ... ... 125 Rules made by the Lord Chancellor of Ireland ... 127-136 Courts martial, Trial by. Authorised by Defence of the Realm Act (c. 29) for contravention of Regulations ... ... ... ... ... ... ... 13 Liability thereto, and to penal servitude for life, of any person con- travening provisions of Special Regulations (Defence of the Realm Regs., 27) ... ... ... ... ... 150, 153, 16 Home Office Statement as to ... ... ... ... ... ... 516 Currency Notes. Currency and Bank Notes Act, 1914 (c. 14), s. 1, authorising the issue by Treasury of currency notes for £ I and 10s. ... ... 9 Notes payable in gold on demand at Bank of England (c. 14, s. 1 (3)) 9 To be a floating charge on assets of persons to whom they are issued 10 Arrangements made in accordance with Act for placing currency notes at disposal of banks for meeting exceptional demands ... ... 136 Return of currency notes to be gazetted weekly ... ... ... 137 [These Returns commence with "London Gazette" of Aug. 28th, 1914. "Edinburgh Gazette" of Sept. 1st, and "Dublin Gazette" of Sept. 1st.] Currency and Bank Notes Amendment Act, 1914 (c. 72), empowering Treasury to call in notes for purposes of exchange and to give certificates covering issue of notes ... ... ... ... ... 29 Attention is directed to the Note at p. 532, which describes 543 the plan of the INDEX and its scope. PAG Custom? and Excise, Board of. S Contraband; Expor- tation; Importation; Trading with the Enemy. Customs Consolidation Act, 1876 (39 & 10 Vict. c. 36). Certain articles it' imported by aliens deemed to be within Table of s. 12 and forfeited (Aliens Restriction Cons. Ordi Art6) ... ••• <" Customs (Exportation Prohibition) Act, 1914 (c. 64) ... 23 Customs and Inland Revenue Act, 18 r9 ( 12 13 Vict. c. 21). Section 8 extended. (See Exportation.) (4 & :> <;>•<>. "». c.64) 23 Cyprus (a), Supreme Court of. Note as to constitution of this Court footnote (gr) 253 Act (c. 79) providing for exercise of prize jurisdiction by ... ... ■">< Order in Council conferring such jurisdiction on ... ... ••• 253 " Days of Grace " to Enemy Ships. Convention VI. of the Hague Convention of 1907 relative to the status of merchant ships at the outbreak of hostilities 4 !_' Order in Council (Aug. 4, 1914) relating to detention of German ships in British ports or ports of British protectorates, &c. ... 138 Order in Council (Aug. 12), Art. 3, applying that of Aug. 4th with variation of dal - I i A.ustria-Hungary ... ... 98 Notifications of Foreign Secretary that Articles III. to VIII. of the Order in Council of August tth : — will not come into operation as regards German ships ... 141 will come into operation as regards Austro-Hungarian ships ... ... ... ... ... ... ••• ••• 142 Death Duties (Killed in War) Act, 1914 (c. 76). Act extending the remission of death duties in case of persons killed in, and remitting estate duty in respect of property passing more than once owing to deaths caused by the War ... ... ... 32 Declaration of London of 1909. Declaration concerning the Laws of Naval War. (Translation) 447-463 Order in Council (Aug. 20, 1914) ordering that during the War the Declaration shall, Bubject to certain modifications, be put in force as if it had been ratified ... ... ... ... ... ... 143 Commentary on the Declaration forming the General Report of the Dralting Committee on the Declaration ... ... ... 464-514 Order in Council (Aug. 20, 1914 ), directing that all Prize Courts shall construe and interpret the Declaration by the light of the said Commentary ... ... ... ... ... ••• ••• ••• 143 See also Blockade ; Contraband ; Neutral Vessels. Declaration by Special Constable. Form of (Special Constables Order, 1914, Art. 3) ••• 371 Declaration of Ultimate Destination of Merchandise required in certain cases ; form of ... ... ... ... 523,525 Decree. Suspension of right to enforce under Courts (Emergency Powers) Act (c. 78), ss. 1 (1) (a), 2 (2) 35 11 Defended Harbour," meaning of. See Harbour. Defence of the Realm. See also Isle of Man. Proclamation (Aug. 4th) regarding the Defence of the Realm ... 145 Defence of the Realm Act. 1914. enabling the making during the War, by Order in Council of Regulations as to the powers and duties of the Admiralty, the Army Council, and the members of ll.M.'s Forces, for securing public safety ; the prevention of com- munications with the enemy, the safety of railways, &c, and the trial by court martial and punishment of persons contravening the same ... ... ... ... ... ... ... ... 13, 409 Defence of the Realm (No. 2) Act, 1014 (c. G3), extending the first Act 22.409 (a) See also Exportation. •544 Attention is directed to the Note tit p. ,;,')2. which describe* the plan of the INDEX mid its scope. PAGE Defence of the Realm — continued. Defence of the Realm Regulations, 1D14 (Aug. 12th) 146-151 Defence of the Realm (No. 2) Regulations, 1914 (Sept. 1st), amend- ing above ... ... ... ... ... ... ... 151-154 Order in Council (Sept. 17th), amending the Defence of the Realm Regulations ... ... ... 151, 155 These Regulations which confer powers on naval and military authorities for the defence of the realm and provide against communications with the enemy and obtaining information for disloyal purposes and for the safety of railways, &c, are reprinted in consolidated form (a) 409-417 Home Office Statement as to the Acts and Regulations ... ... 516 Denmark. Certificates of origin required as to imports from certain ports of ... 521 Department of Agriculture and Technical Instruction for Ireland : Powers and duties of, under Slaughter of Animals Act (c. 75), ss. 1, 2 31 Deportation of Aliens. Under Aliens Restriction Consolidation Order, Art. 12 71 Note as to " non-ernergency " statutory powers as to ... footnote (b) 7 Deposit, forfeit of. Suspension of right to under Courts (Emergency Powers) Act (c. 78), s. 1 (1) (b) 35 Designs. See Patents, Designs, and Trade Marks. Destination (ultimate) of merchandise. Certificates of required in certain cases ... ... 523 Development Commissioners : concurrence of in acquisition by Boards of Agriculture and Local Government of land and buildings for housing purposes (Housing (No. 2) Act (c. 52) Amend. Act (c. 71)) ... 17, 20 Diligence. Suspension of under Courts (Emergency Powers) Act (c. 78), ss. 1 (1) (a), 2(2) ' 35 Directors and Officers of Company. Liability of, for trading by the Company with the enemy (c. 87, s. 1 (3)) ' 43 Disaffection among H.BX.'s Forces, Report likely to cause. Power to prohibit spreading of (Defence of the Realm (No. 2) Act (c. 63) 22,409 Spreading of prohibited (Defence of the Realm Regs., 21) ... 153, 414 Diseases of Animals. Order of the Board of Agriculture and Fisheries suspending the operation of certain Tuberculosis, Parasitic Mange, Sheep- Dipping, and Sheep-Scab Orders ... ... ... ... ... 158 Distress. Suspension of right to levy under Courts (Emergency Powers) Act (c. 78), s. 1 (1) (b) ... 35 District Registrar. Applications to under Courts Emergency Powers Act (c. 78) ... 124 Docks. Power to make regulations for safety of (c. 29), s. 1 (b) ... ... 13 Making photograph sketch, plan or model of, without permission prohibited (Defence of the Realm Regulations 15) ... ... 148,413 Documentary Evidence Acts. Provisions of making this Manual primdfacit evidence of Proclama- tions &c , printed therein ... ... ... ... ... ... iv Dominions. See Exportation ; Prize Courts ? Trading with the Enemy. Dress or Accoutrements. See Uniform. (a) As to Orders of Home Secretary thereunder see lights ; Pigreons. 119 Attention is directed to the Note at p. 532, which describes 545 the plan of the INDEX and its scope. I' AGE Dublin Gazette. For date of first gazetting of each Proclamation, Order, &o., bo gazetted, see foo to Proclamation! A return of Currency Notes is published weekly in thia Q commencing with the Gazette of Tuesday, September 1st, U14 Dublin Metropolitan Police. Power lty Order in Council to apply provisions of Acta relating to to Special Constables, (q.v.) 1 & 5 Geo. 5, c 61, B. 1 Duration of Emerg-ency Statutes. See Statutes ( Emer- gency ). Durham Chancery Court. Applications to under Courts (Emergency Powers) Act (Courl (Bmergenoy Powers) Boles, 1914, r. 15) Dynamite. See Explosive Substance. Early Closing* of Licensed Premises or Club. See Intoxicating Xiiquor. Edinburgh Gazette. For date of first gazetting of each Proclama- tion, Order, &c, so gazetted, see footnotes to Proclamations, &c. A return of Currency Notes is published weekly in this Gazette, commencing with the Gazette of Tuesday, September 1st, 191 1 Education. See School Teachers' Superannuation. Egypt (a), His Britannic Majesty's Supreme Court for the Ottoman Dominions in: — Note as to constitution of this Court (footnote (e)) 253 Power by Order in Council to confer prize jurisdiction on ... ... 37 Order in Council conferring such jurisdiction ... ... ... ... 253 Electoral Disabilities. Electoral Disabilities (Naval and Military Service) Removal Act (4 & 5 Geo. 5. c. 25) removing electoral disabilities which may arise in the case of members of the Reserve and Territorial Forces and in the case of Volunteers by reason of absence on the Naval or Military service of the Crown ... ... ... ... 11 Elementary School Teachers (War Service Super- annuation) Act (c. 66) 25 Emergency Billeting*. See Billeting. Emergency Proclamations, Orders, Notifications, &.c. These are indexed under their subject matter : Chronological Table of all thoss issued August 1st to September 30th v-xi Emerg-ency Requisitions. See Requisitions of Emergency. Emergency Statutes. See Statutes (Emergency). Employers' Liability Act, 1880 (43 & 44 Vict. c. 42). See Injuries in War. Enemy. See also the headings immediately following. Alien Enemies in United Kingdom : — Restrictions on Aliens entering, leaving, or residing in, the United Kingdom (Aliens Restriction Consolidation Order, 1914) 68-85 Alien enemy after October 12th to resume, or not to change, name he was known by at commencement of War ... ... 515 Remedies against subject of enemy state not affected by Courts (Emergency Powers) Act (c. 78), s. 1 (7) 35 Patents, Designs and Tkade Mark Bights of Enemy :— Acts empowering during the War the making of rules for avoidance or suspension of patents, and of the registration of designs and trade marks, and for the grant of licences as to patents and designs to persons other than enemy subjects (cc. 27, 73) ... ... ... ••• ••• 12,30,489 Rules for carrying out these provisions 226 236 Prize Court Cases : — Writ on application of, and appearance by, Alien Enemy ... 264, A fall Index to the Prise Court Rules and Form is printed at pp. 358-364. (a) Set also Exportation. 5750 - M 546 Attention is directed to the Note at p. 532, which describes the plan of the INDEX and its scope. Enemy — continued. page Trading with the Enemy :— " Enemy " defined for purposes of ; " incorporated body " when included (Proclamation No. 2, Art. 3) 379 Payments to, compromises with, and negotiable instrument and share transactions prohibited (Proclamation No. 2, Art. 5 (l)-(4)) ... ... ... ... ... ... ... 379 Transaction with enemy's " branch " in British, allied or neutral territory (Proclamation No. 2, Art. 6 : Proclamation, October 8th, Art. 5) 380,531 Importation of sugar produced by, prohibited (Proclamation, September 30th) ... ... ... ... ... ... ... 385 Insurance policy with or for benefit of, prohibited (Proclamation, October 9th, Arts. 1. 5) ... ... ... ... ... ... 530 Enemy Cargo. See Enemy Ships (Liability to Con- fiscation). Enemy Flag*. Covers neutral goods except contraband (Declaration of Paris) ... 446 Enemy Ships. Definition : Enemy, Character of Ship, how determined. (Declaration of London, Arts. 55-GO) 460,461,500-506 " Days of Grace " to Merchant Ships — Hague Convention (VI) of 1907, providing Arts. 1, 2, 5, for departure of merchant ships not convertible into war-ships from enemy port during " Days of Grace " ... ... 442, 443 Order in Council (August 4th) providing (Arts. 3-8) as to the treatment to be accorded to German merchant ships in British Ports at the outbreak of hostilities (or in specified circumstances later) subject to Germany affording not less favourable treatment to British ships ... ... 138-140 Order in Council (August 12th) extending (Art. 3) above to Austria-Hungary ... ... ... ... ... ... 98 Notifications of Foreign Secretary that Articles III. to VIII. of the Order in Council of August 4th : — will not come into operation as regards German ships ... 141 will come into operation as regards Austro-Hungarian ships 142 Liability of, and of Enemy Cargo, to Confiscation, Deten- tion or Requisition : — Hague Convention (VI) of 1907, providing as to these matters 442-445 Release of Crew of Captured Ship : — Regulations (forming Chapter III. of Hague Convention (XL) of 1907, relative to Restrictions on right of Capture in Maratime War) providing that crews of captured merchant- men shall not be made prisoners of war if the officers and, where citizens of the enemy State, the crew, give a written undertaking to take no part in the war ... ... 445 Order in Council (Aug. 4th) providing (Art. 12) as to this undertaking 140 TRANSFER TO NEUTRAL FLAG (Declaration to London Arts. 55, 56) 460, [500-502 Enemy State (i.e., German Empire, Austria-Hungary, and their Colonies). Giving Information to : Defence of the Realm Act, 1914 (c. 29), empowering the issue of Regulations to prevent persons communicating with the enemy or obtaining information for that purpose ... 13, 409 Communication of information useful to enemy as to move- ments of H.M.'s or Allies' forces, or war materials, war operations, fortifications, &c, photographing, &c, of Naval or Military works, hm of the INDEX and its scope. PAGE Exportation of Warlike Stores, Provision and Victual — continued. Proclamation (August 10th) under 42 & 43 Vict. c. 21, s. 8, Prohibiting the Exportation from the United Kingdom of certain Warlike Stores, Provisions and Victual ... ... ... ... ... 165 Proclamation (August 20th) modifying the Proclamations (3rd, 5th, and 10th of August) under section 8 of the Customs and Inland Revenue Act, 1879 (42 & 43 Vict. c. 21), that of August 5th under section 1 of the Exportation of Arms Act, 1900 (63 & 64 Vict. c. 44), relating to the Exportation of certain Warlike Stores, Provisions and Victual ... ... ... ... ... 168 Customs (Exportation Prohibition) Act (4 & 5 Geo. c. 64) (passed August 28th), extending whilst a state of War exists, Section 8 of the Customs and Inland Revenue Act, 1879, to all Articles and providing that during such existence any Pro- clamation made under that section may be varied by an Order of Council made on the recommendation of the Board of Trade 23 Order of Council (August 28th) under section 2 of the Customs (Exportation Prohibition) Act, 1914 (4 & 5 Geo. 5. c 64), withdrawing certain Prohibitions on the Exportation of Pro- visions and Victual to British Possessions and Protectorates, Channel Islands and Egypt ... ... ... ... ... ... 170 Order of Council (September 1st) under 4 & 5 Geo. 5. c. 64, s. 2, withdrawing the Prohibition on the Exportation from the United Kingdom of Jams, Marmalades and Condensed Milk ... 171 Order of Council (September 8th) under 4 & 5 Geo. 5. c. 64, s. 2, amending Proclamations Prohibiting the Exportation of various Jjl.T u lClcS. •• •■■ ••• ••• ••• ••* ••• ••• • t • 1 i — * Order in Council (dated September 11th) under section 2 of the Customs (Exportation Prohibition) Act, 1914 (4 & 5 Geo. 5, c. 64), Prohibiting Exportation from the United Kingdom of Sugar, Molasses, &c. under certain conditions ... ... ... 174 Order of Council (September 25th) under 4 & 5 Geo. 5, c. 64, s. 2, varying Proclamations of August 3rd and 5th, and Order of Council of September 8th, Prohibiting the Exportation of various Articles ... ... ... ... ... ... ... 175 Order of Council (October 6th) under 4 & 5 Geo. 5. c. 64, s. 2, varying Proclamation and Orders of Council Prohibiting the Exportation of various Articles ... ... ... ... ... 520 Alphabetical Lists of the Goods prohibited for Exportation by these Proclamations and Orders of Council — T. to any place whatsoever (except as regards provisions and victual to "British" places as therein specified) ; and II. to certain " enemy " and other European ports ; are printed in Appendix A ... ... ... ... 403-407 Falkland Islands. Supreme Court constituted a Prize Court ... 527 Fees. under Courts Emergency Powers Act. See Courts (Emergency Powers). before Judicial Committee. See Judicial Committee. Patents, Designs and Trade Marks Acts. See Patents, dec. Postponement of Payments Act. -See Postponement of Payments. in Prize Court Proceedings. See Prize Courts. Fiji. Supreme Court constituted a Prize Court ... ... ... ... 527 finance Act, 1903 (63 & 64 Vict. c. 7). s. 14 (remission of death duties in case of persons killed in war) extended ... ... ... ... ... ... ... ... 32 Finance (1909-10) Act, 1910 (10 Edw. 7, c. 8), Sch. 1. See Retailers' Licence. Attention is directed to th Note at p. 532, which descrih 549 the plan of the I N DEX and its scope. page Financial Assistance to the Enemy, Proclamation of Aug. 5th, 1914, that British subjects contributing to loans raised on behalf of, or contracting with the German Government, will be guilty of High Treason ... ... ... 177 Proclamation extended to the A us tro- Hungarian Government ... 98 Firearms. See Arms and Ammunition. Firm. See Trading- with the Enemy Act (c. 87), ss. 2, 3. Food, Forage and Stores. Requisitioning of by naval and military. Si, Requisitions of Emergency. [Jnreasonable withholding from market of supplies. See Articles of Commerce. Forces of the Crown. See Army ; Army Reserve ; Naval Reserves ; Navy ; Territorial Force. Powers of under Defence of the Realm Acts and Regulations. See Defence of the Realm. Forcible Entry. See Entrance by Force. Foreclosure. Suspension of right of, under Courts (Emergency Powers) Act (c. 78), s. 1 (1)0) 35 Foreign Office. And see Secretary of State. Notifications by the Secretary of State of a State of War 1 „ „ „ „ as to " Days of Grace " to Enemy Ships 141-143 Forfeit of Deposit. Suspension of right to, under Courts (Emergency Powers) Act (c. 78), s. 1 (1) (6) 35 France. Ports of, excepted from certain prohibitions on exportation ... ... 406 „ „ trade with excepted from provisions as to certificates of origin and declarations of ultimate destination ... ... ... 521 Germany. .1/"/ see Enemy. Notification of State of War with ... 1 Exequaturs of subjects of exercising Consular functions for Third Powers revoked ... ... ... ... ... ... ••• 10b Secret Service of, Home Office Statement as to ... ... ... 516 Gibraltar. Supreme Court constituted a Prize Court '527 Government of Ireland Act, 1914 (c. 90). All steps to put Act into operation suspended (c. 88) until September 18th, 1915, or such later date (not being later than the ending of the War) as may be fixed by Order in Council ... ... ... ••• ••• ••• 46 Great Seal. Commissions under authorising the Constitution of Prize Courts 249, 251, 254 Greenwich Hospital Acts. See Injuries in War. Hague Conventions of 1907. Convention VI. (Status of Enemy Merchant Ships) 442-445 Convention XI. Chapter HI. (Restrictions on Right of Capture in Maritime War) 445 Application of Conventions by Order in Council of August 4th. 1014 * 138-141 Harbours. Power to make regulati >ns for sal'ciy of (c. 29), s. 1 (b) 13 Photographing, sketching, &c. without permission, of "harbour works" connected with ■•defended harbours" prohibited. ^DelVmv of the Keahn Regs. 161 [* fi *Jf " Defended harbour " defined. (Defence of the Realm R 151, 416 550 Attention is directed to the Note at p. 532, which descrihes the plan of the IXDEX and its scope. PAGE Heliographs. See Telegraphs, dec. High Court, England. Powers of under Emergency Statutes : — judge selected by Lord Chief Justice of England to arbitrate as to price of Articles taken possession of under Proclamation (c. 65), s. 2 (1). ... ... ... ... ... ... ... 24 mode of application to under Courts (Emergency Powers) Rules, 1914 (Rule 4) „ 117 to appoint receiver and manager on application of Board of Trade under Trading with the Enemy Act (c. 37), s. 3 ... 45 Prize Jurisdiction and Procedure of. See Prize Courts. High Court, Ireland. Powers of under Emergency Statutes : — judge selected by Lord Chief Justice of Ireland to arbitrate as to price of Articles taken possessiou of under Proclamation (c. 65), s. 2 (1) 24 mode of application to under Courts (Emergency Powers) Rules (Ireland) 129 to appoint receiver and manager on application of Board of Trade under Trading with the Enemy Act (c. 87), s. 3 ... 45 High Treason. British subjects contributing to loans raised on behalf of or contracting with enemy government, guilty of ... ... 177 His Majesty the Sting. His Majesty's Declaration (August 4th, 1914) that the state of public affairs in Europe constitutes an imminent national danger and Proclamation commanding his subjects to conform to all instructions and regulations which may be issued ... ... 145 Appeals to His Majesty in Council. See Judicial Committee. [Xote— By Order in Council of October 18th. 1909 (1909, No. 1228) under B. o of the Appelate Jurisdiction Act, 1908 (8 Edw. 7, c. 51) all appeals to His Majesty in Council were referred to the Judicial Committee.] Commissions to the Admiralty under the Great Seal for constituting Prize Courts 249,251,254 Orders of His Majesty in Council. See Orders in Council. Orders of His Majesty under Army Act 88, 90, 92 Orders of the Lords of the Privy Council (" Orders of Council "). See Exportation of Warlike Stores, dec. Proclamations " by the King." Nr Proclamations (Royal). Principal Secretaries of State of His Majesty. See Secretary- ox State. Oversea Dominions. See Dominions Oversea. Warrant of His Majesty revoking certain Exequaturs of Consuls ... 106 Hoarding of Food dec Supplies. See Articles of Commere. Home Office. See Aircraft ; Aliens Restriction ; Defence of the Realm ; Espionage ; Intoxicating Liquor ; Isle of Man ; Xiights, (Extinction or Obscuration of) ; Pigeons; Police Constables; Special Constables; Trading with the Enemy ; Wireless Telegraphy ; and also Secretary of State. Homing Pigeons. See Pigeons. Hong Kong. Supreme Court constitutes a Prize Court 527 Hotel (with retailers' licence). Restriction of sale and consultation of intoxicating liquor in under Intoxicating Liquor (Temporary Restriction) Act (c. 77) ... 33 House of Commons : Army, additional men for : supplementary estimates ... ... ... 93,94 accounts under Housing (No. 2) Act (c. 52), s. 2 (5), to be laid before 18 Vote of Credit of August 6th, Treasury Minute as to... ... ... 396 Houses. See Buildings. Attention is directed to the Note at p. 532, which describes 551 the plan of the INDEX and its scope. Housing- of the "Working- Classes : i age Housing (No. 2) Art M & .") Geo. 5. o. ;>-) ... ... ... ... 17 Extended to Ireland by Housing (No. '1) (Amendment) Act (J vJCO. tjy C f I) ... ... ... ... ... ,,. ... ... it J Powers of acquiring buildings and land for " housing purp conferred on the Boards of Agriculture and Local Government with content of Treasury and concurrence of Development Commiari< Immigration Officers (under Aliens Act, 1905). To be Aliens Officers under Restriction Order ... ... ... ... ... ... 72 Importation. Of Arm-. Signalling Apparatus. .ve., by Alien- prohibited ... ... 69 Articles if so imported to be within a 12 of Customs (Consolidation) Act, 1876, and forfeited (Aliens I! - riction Consolidation Order, Art. G) 70 Of sugar produced by enemy prohibited. (Trading with En P mation, Sept. 30th.) ... ... ... ... ... ... ... 385 Imprisonment. Sec Penalties and Punishments. In camera. Hearing in of ease under Courts (Emergency Powers) Act, 1914 (c. 78), s. 1 (5), and Rules thereunder ... ... ' ... 118, 126, 132 India. India I >PFICB. See below and also Secretary of State. Navy. Orders in Council directing thai certain vessels of the Royal Indian .Marine Service shall be under the command of the Senior Naval Officer of the Station : — Order as to "The Hardmge" and -The Dufferin" 178 „ „ " The Northbrook " and " The Minto " ... 17'.' „ „ " The Dalhousie " 180 PRIZE COURTS. High Courts of .Judicature, at Calcutta, Bombay and Madras, and Court of the Judicial Commissioner in Sind at Karachi, constituted Prize Courts ... ... ... ... ... 527 Trading with the Enemy, powers of Governor-General as to ... 530 Indictment. See also Penalties and Punishments. Conviction on, under Trading with the Enemy Act (c. 87), o. 1 \*) \0 ) ... ... ... ... ... ... ... ... *i — Information. Withholding of from naval or military authrities, &C. (Defence of the Realm Regs.. 8.) ... ... ... ... ... ... 147, 412 Injuries in War (Compensation). Act (4 & 5 Geo. 5. c 30) providing for the grant of pensions, and other allowances, to certain persons, if injured whilst employed in connexion with warlike operations, and to their dependants, and for purposes connected therewith. Exclusion of compensa- tion, &c, under Workmen's Compensation, Employers' Liability and Pension Acts ... 14 Order in Council approving Scheme having effect as from Aug. 3rd as by Act provided 182 Inland Revenue Commissioners. See Death Duties (Killed in War) Act, 1914 ; Stamp Duty. Inspection of Books and Documents. See Trading- with the Enemy- Insurance Commissioners. See National Health Insur- ance. Insurance Policies : Enforcement of lapse of certain policies, suspension of right to, under Conns (Emergency Powers) Act (c. '«8), s. 1 (1) 35 Making of new, or giving effect to old, for benefit of an enemy, prohibited by paragraph S ('<') of Trading with t) Enemy Proclamation No. 2 {Sept. 9th, 1914) ... ' 379 Proclamation (Oct. 8th) extending Trading with the Enemy Pro- clamation No. 2, and revoking paragraph 5 (G) thereof 530 552 Attention is directed to the Note at p. 532, which describes the plan of the INDEX and its scope. PAGE Intoxicating* Liquor. Intoxicating .Liquor (Temporary Restriction) Act (4 & 5 Geo. 5, c. 77), enabling orders to be made in connection with the present War for restricting the sale or consumption of intoxicating liquor ... ... ... ... ... ... ... ... ... 33 Closing by naval or military authority of premises within defended ^ harbour on proclaimed area (Defence of the Realm Regs. 7) 147, 411 Giving intoxicating liquor to member of H.M.'s forces with intent to elicit information, or to make him drunk prohibited (Defence of the Realm Regs. 17) 149,414 Ireland. Emergency Statutes or Orders relating exclusively to. See Billeting- ; County Courts, Ireland ; Department of Agriculture for Ireland ; Government of Ireland ; Hi ih Court, Ireland ; Lord Chancellor of Ireland ; Local Government Board for Ireland ; Lord Chief Justice of Ireland ; Lord Lieutenant of Ireland ; National Health Insurance ; Requisitions of Emer- gency ; Police Constables ; Special Constables. See also Suspensory Act. Irish Police Constables (Naval and Military Service). Act (4 & 5 Geo. 5. c. 84), making provision with respect to Constables of the Royal Irish Constabulary and Dublin Metropolitan Police who are Reservists or join the Naval or Military Forces... ... 41 Isle of Man. Application to, of — Currency and Banknotes Act (c. 14), s. 5 (3) ... ... ... 10 Elementary School Teachers (War Superannuation) Act (c. 66), Q — ••• ■•• ••• •■• ••• ••• *•• ••• —J Exportation from " United Kingdom " of certain warlike stores, provisions and victual prohibited by Proclamations and Orders of Council ... ... ... ... ... 160-176 Note: — For Customs purposes the Isle of Man forms part of the United Kingdom 39 & 40 Vict. c. 36, s. 277 ; 1 & 2 Geo. 5. c. 46, s. 14 (6.) AVar Legislation Act (c. 62), enabling His Majesty, by Order in Council, to extend to the Isle Acts passed in connection with the present War ... ... ... ... ... ... ... 22 Orders in Council under this Act extending to the Isle of Man: — Aliens Restriction Act (c. 12) ... ... ... ... ... 186 Defence of the Realm Act (c. 29), the Defence of the Realm (No. 2) Act (c. 63), and Regulations thereunder ... 189 Postponement of Payments Act (c. 11) ... ... ... 190 Aliens Restriction (Isle of Man) Order, 1914, being an Order in Council under 4 & 5 Geo. 5. c. 12, as so extended to the 11'' ••■ ■•■ •■■ •■• ••• ••• • • • ••• lOO Italy. Certificates of origin required as to imports from certain ports of ... 521 Jamaica. Supreme Court constituted a Prize Court 527 Jersey. Order in Council recalling the Royal Militia Reserve to active ■ ' i • ' ' ' ■ • ■ * ••• • • a ••• ■■• ••• » * * ••• » ■ • 1 i ' 1 Proclamation giving Notice of Order in Council ... 192 Application to, of Elementary School Teachers (War Service Super- annuation) Act (c. 66) s. 2 ... ... ... ... ... ... 26 See also Exportation ; "Wireless Telegraphy. Joint Capture. Procedure in Prize Court cases ... ... ... ... ... ... 289 A full Index to the Trize Court Rules and Forms is printed at pp. 353-364. Joint Stock Company. See Company. Judge- Arbitration by as to price of article seized by Board of Trade under Articles of Commerce (Returns, etc.) Act, 1914 (c. 65) s. 2 ... 24 Attention is directed to the Xotr of p. '>.",i\ which describes 553 the plan of the I N IjKX and its scope, PA Judgment. Suspension of right to enforce under Courts (Emergency Powers) Act (c. 78), s. 1 (1) («) 35 Proceedings for enforcement of, under Courts (Emergency Powers) Act, 1914 (c. 78) 8. 1 (1) I 115 Judicial Committee. \,,i-. H\ Order in Council of Ootober 18th, L909 (1909, So. I uii.l. i -. .. ofthe Appellate Jurisdiction Act, 1908(8 Bdw. 7, c. 61) all Appeals to His Majestj in Council were referred to the Judicial ( '■ immil Judicial Oommittee Bales, L908, being the Rules regulating the general practice and procedure in Appeals ( Appendix C) 417-439 Table shewing the contents of these Rules ... 118-420 Prize Court Rules regulating admission of appeals or leave to appeal to the Judi.-ial ( 'omraittee by Prize Courts ... 297 \ full Index to the Prize Court Bnlea and Forms is printed at pp. 363 36 l. Justices of the Peace : duties as to requisitions of emergency. See Requisitions of Emergency. Statutory Declarations before. See Statutory Declaration. Summary Jurisdiction. See Summary Jurisdiction. Warrant of, to inspect books and documents. S e Trading" with the Enemy. Karachi. Court of Judicial Commissioner in Bind constituted a Prize Court... ... ... ... •■• ••• ••• ••• ••• °27 Lancaster Chancery Court. Applications to, under Courts (Emergency Powers) Act (c. 78) 119 Land : Suspension of restrictions on acquisition or use of under Defence of the Realm Acts 23,409 And .see Entrance by Force. " Land Expedition " (.see Naval Prize Act, 18(11 ( 27 & 28 Vict. c. 25 ). s. 34), ship taken by. Procedure in Prize Court cases 288 A full Index to the Prize Court Rules and Forms is printed at pp. 353 864. Leeward Islands. Supreme Court constituted a Prize Court ... 527 Legal Tender. Currency Notes and Postal Orders made legal tender for any amount, 4& 5 Geo. 5, c. 14, s. 1 (1) (6) 9 Scottish and [rish bank notes made legal tender in^ Scotland and Ireland respectively for any amount, 4 & 5 Geo. 5, c. 14, s. 4 ... 10 Licences under Trading with the Enemy Proclamation No. 2 granted by Secretary of State and Board of Trade 381-383 Licensed Premises, and Licensing- Acts, Courts, and Justices. > Intoxicating- Liquor. Lights, Extinction or Obscuration of. Power of Secretary of State to order extinction or obscuration of lights of any description within any ar a specified (Defence of the 7A) 155, 411 Order of Secretary of State applying to the city and the Metropolitan Police District, ami in force till November 1st. 1914 ... ... 157 Power for naval or military authority to order extinction, &c, within area of defended harbour i Defence of the Realm Regs. 23) ... 149, 415 Loans for Enemy. See Financial Assistance to the Enemy. Local Government Board. Power under Housing (No. 2) Act, 1014 (c. 52),8.1 > to acquire and dispose of land and buildings for housing in non-agri- cultural districts 17 554 Attention is directed to the Note at p. 532, rohich describes the plan of the INDEX and its scope. PAGE 11 39 Local Government Board for Scotland. Power under Housing (No. 2) Act, 1914 (c. 52), s. 3 (2), to acquire and dispose of lands and buildings for housing in non-agricul- tural districts ... ... ... ... ... ... ••• ... 17, IV Local Government Board for Ireland. Power under Housing (No. 2) Act, 1914 (c. 52), s. 1, as amended by Amendment Act (c. 71) to acquire and dispose of lands and buildings for housing in any district ... ... ... ••• 17,29 Lodg-er : Claim by, to be registered, if absent on service, may be made by another person on his behalf. (4 & 5 Geo. 5, c. 25, s. 1 (3)) London, City. City of London Court. Application to, under Courts (Emergency Powers) Rules, 1914, Rule 15 1 19 Extinction of Lights. See Lights. Police. Special provisions as to, under Police Constables (Naval and Military Service) Act (c. 80), s. 3 London Gazette. For date of first gazetting of each Proclamation. Order, etc.. so gazetted, see footnotes to Proclamations, &c. A return of Currency Xotes is published in the Gazette of each Friday, commencing with that of August 28tb, 1914. Lord Advocate. Consent of requisite to prosecution under Trading with the Enemy Act, 1914 (c. 87), ss. 1 (4), 4 (2) 43,45 Lord Chancellor of Great Britain. Powers of, under Courts (Emergency Powers) Act (c. 78), s. 1 (5) ... 36 Rules and Directions by under Courts (Emergency Powers) Act 115-124 Lord Chancellor ot Ireland. Powers of, under Courts (Emergency Powers) Act (c. 78), ss. 1 (5), 2(3) .-. 36, 36 Rules made by, under Courts (Emergency Powers) Act ... 127-137 Lord Chief Justice of England. Selection by of judge as arbitrator as to price under Articles of Com- merce (Returns, &c, Act, (c. 65) s. 2 (1) ^± Lord Chief Justice of Ireland. Selection by of judge as arbitrator as to price under Articles of Com- merce (Returns, &c.) Act (c. 65) s. 2 (1) Lord Lieutenant of Ireland. Powers under Emergency Statutes : — under Intoxicating Liquor (Temporary Restriction) Act (c. 77), ss. 1(1), 2 (3) 33 > 34 Calculation of naval or military service of Irish police reservists 41 Trading with the Enemy Act (c. 87), ss. 2, 4 (4) 43-45 Emergency Orders made by as to :— Army Billeting and requisitions of Emergency r\r\ Special Bank Holidays 100 Madras. High Court of Judicature constituted a Prize Court ... 527 Malta Commercial Court constituted a Prize Court 527 " Marshal," definition of and duties of in Prize Court cases ... 261, 295 Masters of Ships, Power to impose obligations on ... ••• ■•' Obligations of under Aliens Restriction (Consolidation) Order (Arts 13, 14), 1914 Masters of Supreme Court, England (K..B.D.). Applications to under Courts (Emergency Powers) Act (c. 78) 1£* Mauritius Supreme Court constituted a Prize Court 5z7 Merchandise, Goods, or Wares, trading in, for benefit of enemy, prohibited by Trading with the Enemy Proclamation No. I... d/» 24 71 Attention is directed to the Note at p. 532, which describes 555 the plan of the INDEX and its scope. PAGE Merchant Shipping. See "Days of Grace" to Enemy Ships ; Ships. Metropolitan Police Courts See Summary Jurisdiction Military Aircraft. See Aircraft. Military Authority. "Competent military authority" defined. (Di ot the Realm I ;, -s. •_"..) i:.l,416 Military Expenditure. See Vote of Credit. Military Pensions. Payment in advance (c. 83) 40 Military Works. Powers to take possession of any land and to construct military works. (Defeiu t the Realm Act, 8. 2 (a) ) 146,410 Militia Reserve of Jersey. See Jersey. Moratorium. See Postponement of Payments. Motor cars and cycles. Bringing of into United Kingdom by any alien and po ion oi by Alien Enemy prohibited (Alien Restriction Cons. Order, Arts. 6, 22) 69,74 Municipal Corporations Act, 1882 (45 & 46 Vict., c. .00), s. 1%. Power by Order in Council to make regulations as to special constables appointed under ... ... ... ••• ••• ••• "1 Name of Alien Enemy, to be after October 12th, 1914, that by which he was known at commencement of war ... ... ... 515 Natal Provincial Division of Supreme Court constituted a Prize Court 527 National Debt. Housing (No. 2) Act (c. 52), s. 2 (3) 18 War Loan to be charged on the Consolidated Fund (War Loan Act (c.60), s. l (2) ) 20 National Health Insurance. Officers granted Temporary Commission? and Soldiers SPECIALLY ENLISTED FOR WAR, AND OFFICERS OF NaYAL AND Army Reserves and Territorial Force. National Insurance (Navy and Army) Act, 1914 (c. 81), retrospectively extending s. 46 (persons in naval and military service) of the National Insurance Act, 1911, to Soldiers specially enlisted for the War, and to Com- missioned or Warrant Officers of the Naval Reserves, Officers of the Army Reserve or Territorial Force, and Officers granted temporary commissions during War in Regular Forces, who, being previously insured, serve during the War ... ... ... ... ••• ••• 39 Xote.—S. 46 of the 1911 Act was amended by the National Insurance Health Insurance Act, 1913 (3 & 4 Geo. 6. c. 37). National Health Insurance (Officers, Warrant Officers and Soldiers) (Provisional) Regulations, 1914 (Sept. 30th) 193 National Health Insurance (Officers, Warrant Officers and Soldiers) Regulations (Scotland) 1914 (Oct. 9th) ... 525 National Health Insurance (Officers, Warrant Officers and Soldiers) (Provisional) Regulations (Wales) 1914 (Oct. 2nd) 195 Note. — These Regulations made by the Insurance Co mmissi oners, the Scottish and the Welsh Commissioners respectively, were made under the Kmergenoy Ac: (c. sit. and relate to the Soldier* and Offioers - i whom that Act applies. It 18 i Sept. 30th, 1914) understood that the Irish Com- missioners are making similar Regulations. Naval and Army Reserve Men, and Territorial Fokcb Men. National Health Insurance (Naval and Army Iios.-r\v> and Territorial Force) Regulations, 1914 (September 11th) ... 197 National Health Insurance (Naval and Army Reserves and Ter- ritorial Force) Regulations (Scotland) 1914 (September 12th) 19 9 556 Attention is directed to the Note at p. 532, lohich describes the plan of the INDEX and its scope. PAGE National Health Insurance — continued. Naval and Army Reserve Men, &c. — continued. National Health Insurance (Naval and Army Reserves and Ter- ritorial Force) (Provisional) Regulations (Ireland), 1914 (September 16th) ... ... ... ... ... ... 201 National Health Insurance (Naval and Army Reserves and Ter- ritorial Forces) (Provisional) Regulations (Wales), 1914 (September 11th) ... ... 203 Note. — These four sets of Regulations were made by the Insurance Commissioners, and the Scottish, the Irish and the Welsh Insurance Commissioners respectively, under s. 4G (7) of the Act of 1911 with respect to men belonging to the Reserves or the Territorial Force. Non-emergency Regulations under s. 46 of the Act of 1911 as to insurance of sailors and soldiers (note (c) ) ... ... 194 Naval Agency and Distribution Act, 1864 (27 & 28 Vict., c. 24). Procedure as to distribution or investment of prize moneys under ... 291 A full Index to the Prize Court Rules and Forms is printed at 353-364. Naval Aircraft. See Aircraft. Naval Authority. "Competent naval authority "defined (Defence of the Realm Regs., 29) 15^ 416 Naval Prize Act, 1864 (27 & 28 Yict., c. 25). Repeal of certain provisions of as from coming into operation of Prize Court Rules, 1914 (i.e., August 5th, 1914, see Order in Council at p. 256) by Prize Courts Procedure Act, 1914 (4 & 5 Geo. 5, c. 13) ... ... ... ... ... ... ... ... 8 Naval Billeting- cScc. Act, 1914 (c. 70) 28 Naval Reserves. Calling Out. Proclamation calling out the Reserves ... ... 206 Electoral Disabilities. Removal of caused by absence on war service (c. 25) ... ... ... ... ... ... 11 Family Allowances to police reservists (cc. 34, 80, 84) ,.. 15, 38, 41 Health Insurance. Act (c. 81) extending s. 46 of the National Health Insurance Act, 1911, as to previously insured officers of the reserves ... ... ... ... ... ... ... ... 39 Regulations thereunder as to insurance of such officers ... 193-197, 525 Regulations under earlier powers (see note (c) p. 194) as to insurance of reservists ... ... ... ... ... 197-204 Superannuation Allowances of police reservists (cc. 80, 84) ... 34, 41 Naval Service in the War. See War Service. Naval (and Military) Works. Making photograph sketch, plan or model of, without permission prohibited (Defence of the Realm Regulations, 15) ... ... 148,413 Navy. Extension of ssrvices of Time-expired Men ... ... 205 Calling Officers of the Reserved and Retired Lists into Active Service 206 Calling out of Naval Reserves ... ... ... ... ... ... 206 Separation Allowances for wives and children of seamen, marines, and reservists ... ... ... ... ... ... ... ... 203 Cancellation of former system of distribution of prize money ... 208 See also Billeting* : Requisitions of Emergency. Navy (Pledging of Certificates, &.c.) Act (4 &. 5 Geo. 5. c. 89) preventing the Disposal or Pledging of Certificates of Service, Naval Uniforms, or other Property ... ... ... ... ... 46 Negotiable instruments, postponement of payment of. See Postponement of Pay- ments. drawing, accepting, presenting or dealing with, on behalf of enemy, prohibited. (Trading with Enemy Proclamation No. 2, Art. 5 (3) (4) ... 379 Attention is directed to the Note at p. 532, which describ 557 the pin a of the [NDBX and its scope. v\ Netherlands. Certificates of origin require'! as to imports from certain ports of ... 524 Neutral Carg'o (other than Contraband of War). Release of where on board enemy ship aol allowed bo depart from British Port. (Order in Council, Aug. 4th, Art. 11 ' l '| Not liable to capture under enemy's flag. (I> Paris) ••• •»*> Neutral Flag*, covers enemy goods except contraband, i Declaration of Paris) 446 Transfer of an enemy vessel to (Declaration of London, A i6) 460, 500 502 Neutral Vessels, prizes, when liable to condemnation or destruction (Declaration of London. Arts. 48-64) under national convoy exempt from search, (Arts. Of, 62) 458-461,492-508 Newfoundland Supreme Court constituted a Prize Court ... ... 527 New South Wales Supreme Court constituted a Prize Court ... 527 Newspapers, circulation of, amongst alien enemies restricted. (Aliens Restriction (Consolidation) Order, 1914, Art. 28) ... ••• ••• ••• '5 New Zealand, Dominion of. Supreme Court constituted a Prize Court ... ... ... ... 527 Trading with the Enemy, powers of Governor-General 530 Norway. Certificates of origin required as to imports from certain ports of ... 523 Oaths, Commissioners of. See Statutory Declaration. Officers. Alien Officers. See Aliens Restriction. Official Secrets Act, 1911 il i 2 Geo. 5, c. 28). Home Office Statement as to ... ... ... ... ... ... ... 516 Order of Court. Suspension of right to enforce under Courts (Emergency Powers) Act (c. 78) s. 1 (1) (a) 35 Orders in Council. Emergency Enactments authorising Orders in Council : — Aliens Restriction Act (c. 12), s. 1 (1) ... ... 6 Bills of Exchange Act (c. 82), s. 3 (a) 40 Customs (Exportation Prohibition) Act (c. 64), s. 2 ... ... -•'• Courts (Emergency Powers) Act (c. 78), s. 2 (4) 37 Defence of the Realm Act (c. 29), s. 1 13, 409 Defence of the Realm, No. 2, Act (c. 63) 22, 409 Injuries in War Act (c. 30), s. 1 (1) ... ... ... ... 14 Irish Police Constables (Naval and Military Service) Act (c. 84), S.J.IO) ••• ••• ••■ ••• ••• ••• ••• ••• ^ *■ Isle of Man (War Legislation) Act (c. 62), s. 1 (1) 22 Prize Courts (Egypt, Zanzibar, and Cyprus) Act (c. 70), s. 1 ... 37 Special Constables Act (c. 61), s. 1 (h) 20 Suspensory Act (c. 88), s. 1 (1) ... 46 Emergency Orders in Council : — Xotr.:— Under the Enactments specified immediately above, and under powers already on the Statute Book before the Emergency, Hie Riajesty has between August 1st and September 30th, 1914, made 29 Orders in Council, all of which are listed in chronological sequence at pp. v. xi.. and indexed herein under their subject matter. To these at the Council of Octobei 8th was added the Aliens Restriction (Change of Name) Order, 1914 (p. 616). (si No Order in Council has (Kept.30, 1914) been made under the enactment;- marked. (b) No Order in Council has (Sept. 80, 1914) been made under thi- Act in its application to Ireland. 558 Attention is directed to the Note at p. 532, which describes the plan of the INDEX and its scope. PAGE Order of Council. See Exportation of Warlike Stores, ) penalty on taking in pawn naval uniforms, &c. (c. 89) ... ... 46 Payment of Money. To or for benefit of Enemy prohibited (Trading with Enemy Proclama- tion No. 2, Art. 5 (1) (2)) 379 Secretary of State's and Board of Trade's Licences (under Proclama- tion) permitting certain payments ... ... ... ... 381-384 Postponement of. See Postponement of Payments. Suspension of right to enforce under contracts made prior to Aug. 4th, 1914, Courts (Emergency Powers) Act (c. 78), s. 1 (1) 35 At hiii imi is ili rrcirtl tn i he Note at />. 532, which describes 559 the flu a of the INDEX and its snipe. PA! Penal Servitude : for -life for contravention of special regulations (D of the Realm i: p. 27) 150, 416 for 7 pears for offence under Trading with the Enemy Act (c. H7 ). s. 1 (1) 42 Penalties and Punishments. Under Emergency Acts: — Aliens Restriction Act (c. 1'2), s. 1 (l)(h)(2) (6 montht orfint £1 6 Articles of Commerce (Returns, &c.) Act (c. 65), h. 1 (3) montht or £ loo tine) ... ... ... ... ... ... -4 Currency and Rank Nol B A.t (<•. 14), ss. 1 (§),Z {at for forgery or stealing) •»• ... ••• ••• ••• ••• ••• ••• .', lu Defence of the Realm Act (c. 29), s. 1 {at by Regt. thereunder) 13, 409 Intoxicating Liquor (Temporary Restriction) Act (c. 77), s. 1 (2) (£50 fin 33 Naval Billeting, &c. Act (c. 70), s. 1 28 Navy (Pledging of Certi6cates, &c.) Act (c. 89) (fine, or, grid offence, imprisonment) ••• • •• ••• ••• ••• ••■ 4b Slaughter of Animals Act (c. 75). 8. 3 (£20 fine 31 Trading with the Enemy Act (c. 87) — trading with enemy, s. 1 (7 yeai penal servitude) ... ••• 42 not producing books, &c, s. 2 (3) (6 montht and £50 fine) ... 44 Under Emergency Orders: — Aliens Restriction (Consolidation) Order, 1914, Art. 26. and Aliens Restriction (Change of Name) Order, 1914 (6 montht orfine£l00) 76,515 Aliens' Restriction (Isle of Man) Order, 1914 (Art. b) (6 month* or £100 fine) 188 Defence of the Realm Regulations (Reg. 27) (penal servitude for life) ... ... 150.416 Financial Assistance to Enemy, Proclamation (death) 177 Special Constables Order, 1914 (Art. 7), Special Constables (Scotland) Order, 1914 (Art. 2) (for p on, .,'<'., £10 fine )371, 373 Trading with the Enemy, Proclamation No. 2 (Art. 5) amending Proclamation of Sept. 30th (Art. 2) and Oct. 8th ... : J >79,385, 530 Pensions. ><< Army; Police Constables; School Teachers ; Special Constables. Permits under Aliens Restriction Orders. See Aliens Restriction. Defence of the Realm Regulations. See Defence of the Realm. Personation of Special Constable, fine (£10) on 371,373 Petty Sessions. See Summary Proceeding's. Photographing Of naval or military work or defended harbour prohibited (Defem ■<■ of the Realm, Regs. 15) 148,413 Pigeons, Carrier or Homing. Alien prohibited from entering United Kingdom with (Aliens Restriction (Consolidation) Order, 1914, Art. 6)... ... ... ... 69 keeping, within prescribed area, or bringing of into United Kingdom prohibited. (Defence of the Realm. U.--. ! ... 153,155,414 Order of Sept. 2, prescribing certain counties as the area ... ... 156 ,, Sept. 10, adding Somerset to the area ... ... ... ... 156 Order, of Sept. 21, 1914, prescribing the whole of the United Kingdom as the area in question, thus superseding the earlier Orders ... 1 -"• . Home Olhee Statement as to keeping of ... ... 516 Plans Of naval or military works or defended harbour, making of prohibited. (Defence of the Realm Regs. 15.) 148,413 560 Attention is directed to the Note at p. 532, which describes the plan of the INDEX audits scope. PAGE Police. Acts applied or extended, see below. Age Limit in Scotland, see below. Aliens, powers of police as to restriction of ... ... ... ... 68-85 Army Billeting and Requisitions of Emergency, duties as to ... 88-93 Defence of the Realm Regulations, duties of under ... 1-16-155, 409-417 Intoxicating Liquor, restriction of sale on recommendation of (4 & 5 Geo. 5, c. 77) ... ... ... ... ... ... ... ... 33 Naval Billeting and Requisitions of Emergency, duties as to 212-226 War Service, see below. Police Acts applying* to Xing-land. Power by Order in Council to apply provisions of Police Acts, 1839 to 1910, to Special Constables q.v. (4 & 5 Geo. 5, c. 61, Vi ■ < \ 1 ' .1 ••« ••• ••• ••• ••• ••• ••• ••• — i ' Enactments relating to police reservists (53 & 54 Vict. c. 45, s. 4 (5) : 6 Edw. 7, c. 7, s. 4) Appendix F I 441 Application of these enactments with adaptations to men re-enlisting for War (4 & 5 Geo. 5, c. 80, s. 2) 38 Police (Scotland) Acts. Power by Order in Council to apply provisions of Acts of 1857 and 1890 to Special Constables q.v. (4 & 5 Geo. 5, c. 61, s. 1) 20 Enactments relating to police reservists (53 & 54 Vict., c. 67, s. 4 (5) ; 10 Edw. 7 & 1 Geo. 5, c. 10, s. 9) Appendix F 11 441 Application of these enactments with adaptations to men re-enlisting for War (4 & 5 Geo. 5, c. 80, s. 2) 38 Police Constables, Naval and Military Service. Police Reservists (Allowances) Act, 1914 (c. 34), authorising the grant by the police authority out of the Police Fund of Allowances for Wives and Children and (in case of unmarried men) Dependants of Police Reservists who are called out upon Emergency ... ... ... ... ... ... ... ... 15 Police Constables (Naval and Military Service) Act, 1914 (c. 80), extending the provisions of o. 34 and applying certain enact- ments of the Police and Police (Scotland) Acts, relating to police reservists, to certain constables not being reservists, to constables who though not reservists are ex petty or non- commissioned officers or having special qualifications enlist ... 38 Note: — The Police enactments applied by c. 80 are for convenience of reference printed in Appendix F ... ,,. ... ... ... 441 Irish Police Constables (Military and Naval Service) Act, 1914 (c. 84) making provision with respect to Constables of the Royal Irish Constabulary and Dublin Metropolitan Police who are Reservists or join the Naval or Military Forces ... ... 41 Power for His Majesty by Order in Council to extend to Ireland with modifications any of the provisions of cc. 3*, 80, above ... 41 Note : — No such Order in Council has (Oct. 9th, 1914) been made, and the two first mentioned Acts are confined to England and Scotland. Police Xiimit of Age in Scotland. Police (Scotland) (Limit of Age) Act, 1914 (c. 69)), empowering the Secretary for Scotland to prescribe the iimit of age of persons transferred or appointed to Scottish police forces during the V v cll • • * ••• ••• ••• ■•• ••• ••• ••• ••• £ * Order by the Secretary for Scotland prescribing the Limit of Age of Persons transferred or appointed to any Scottish Police Force in Scotland during the War ... ... ... ... ... ... 237 Note. — The English Acts contain no age restriction similar to that imposed by the Police (Scotland) Act, 1890, s. 25. Policy of Insurance. See Insurance Policies. Poor Relief : received by wife or children not to disqualify elector absent on service. (Electoral Disabilities (Naval and Military Service) Removal Act (c. 25), s. 1 (2)) ... ... ... ... ... 11 Attention is directed to the Note at p. 532, which describes 561 the plan of the INDEX and its scope. PAGE Ports : See also Importation ; Exportation. Aliens, landing or embarking o£ at United Kingdom ports prohibited or restricted (Alinix Restriction (Consoli.latioii,) Order, 1'J14, Arts. 1 hi. Sch.l) 88-72, 79 Trading with enemy's ports direct or indirect. See Trading- with the Enemy. Portugal. Ports of, excepted from certain prohibitions on exportation 406 ,, trade with excepted from provisions as to certificates of origin and declarations of ultimate destination ... 521 Possession of* Articles withheld from "Market. See Articles of Commerce. Possession of Property. Suspension of right to take, resume, or enter into, under Courts (Emergency Powers) Act, c. 78, s. 1 (1) (b) 35 Postal Orders : to be current and legal tender for any amount, and payable in coin by Bank of England ; power by Proclamation to revoke this provision and call in postal orders (a). (Currency and Bank Notes Act (c. 14), s. 1 (6)) 9 Postponement of Payments. See also Isle of IVIan. Bills (Beaoceptanoe) Proclamation (August 2nd) postponing pay- ment of certain Bills of Exchange 238 Confirmation of this Proclamation by Statute passed August 3rd i 1 & ."> Geo. 5, f. 11, 8. 1 (4)) 5 Postponement of Payments Act, 1914 (c. 11). authorising His Majesty by Proclamation to suspend temporarily the payrrent of Bills of Exchange and payments in pursuance of other obligations 5 Statutory Proclamations under 4 & 5 Geo. 5, c. 11 : — First General Proclamation (August Gth) extei ding Proclama- tion of August 2nd to certain other payments 239 Second General Proc'amation (August 12th) extending Pro- clamation of August Gth 241 Proclamation {September 1st) varying Proclamations of August 2nd, 6th and 18th 242 Third General Proclamation (September 3rd) varying Proclama- tions of August 2nd, Gth and 12th and revoking Proclama- tion of September 1st 244 Final General Proclamation (September 30th) varying Proclama- tions of August 2nd, Gth and 12th and September 3rd, and providing that the Moratorium shall terminate on Novem- ber 4th, 1914 247 Correspondence between the Treasury and the Bank of England and Statements appearing in the Press, as to Government Assistance with regard to pre-moratorium bills of exchange 101-106 County Court Rules having reference to the Postponement of Pa\ ments Act and Proclamations thereunder 112 Courts Emergency Powers Act and Rules. See Courts (Emer- gency Powers). Prisoners of War. Crews of enemy merchant ships not to be made on undertaking not to serve on enemy ship during war (Hague Convention XI. Arte. &~8) ... jj -, • •• ••• ... ... ... ... ••• ... ... iij Order in Council (Aug. 4th) providing (Art. 12) as to this under- taking 14,, Privateering- to remain abolished (Declaration of Paris 44*1 Prize Bounty, procedure in claims for 291 A full Index to the Prize Court Rules and Forms i> printed at pp. 363 364. (a) No Proclamation has (Oct.iHh, 1914) boon made under this power. 5750 2 .N 562 Attention is directed to the Note at p. 532, which describes the plan of the INDEX and its scope. PAGE Prize Courts. Jurisdiction of High Court. [See Naval Prize Act, 1864 (27 & 28 Vict. c. 25, s. 4 ; Supreme Court of Judicature Act, 1891 (54 & 55 Vict, a 53, s. 4)]. Order in Council (Aug. 5th) directing the issue of a (a) Commission under the Great Seal authorising the Admiralty to require the High Court to take cognizance of and judicially proceed upon and determine captures, prizes, seizures and repri- sals, and to condemn German ships, vessels and goods ... .. 248 Extended by (a) Order in Council (Aug. 20th) to Austro-Hungarian ships, vessels and goods ... ... ... ... ... ... 250 Jurisdiction of Courts of Oversea Dominions. Notification by Colonial Office of constitution of Prize Courts in His Majesty's Dominions Oversea 527-529 [This Notification is indexed under name of each Dominion or Possession] . Jurisdiction of Courts of Protectorates, &c. Prize Courts (Egypt, Zanzibar, and Cyprus) Act, 1914 (c. 79), providing for the exercise of Prize Jurisdiction by certain British Courts in Egypt, Zanzibar, and Cyprus, in respect of the War ... ... 37 Order in Council (September 30th) directing the issue of a (a) Commission under the Great Seal authorising the Admiralty to require British Courts in Egypt, Cyprus and Zanzibar to act as Prize Courts ... ... ... ... ... ... ... ... 253 Procedure. Prize Courts (Procedure) Act, 1914 (c. 13) repealing as from the date when Rules made after passing of Act under Prize Courts Act, 1894 (57 & 58 Vict. c. 39) come into opera- tion certain procedure provisions of the Naval Prize Act, 1864... 8 Order in Council (Aug. 5th) making " The Prize Court Rules, 1914," as " Provisional Rules " 256-352 [These Rules (see O. XLVI., p. 299) came into operation on their making save that as regards Courts in the Dominions Oversea they do not operate iintil " proclaimed " there. A s to Egypt, Zanzibar and Cyprus gee Order in Council (Sept. 30th) printed at p. 253. A table of these Rules and Orders is printed, p. 257, and a detailed Index to them, pp. 353-3G4.] Notice of proposal to make the Provisional Rules of Aug. 5th as " Statutory Rules " ... ... ... ... ... ... ... 364 Order in Council (Sept 17th) making "The Prize Court Rules, 1914," as •' Statutory Rules " 365 Order in Council (Sept. 30th) making certain " Provisional " Amend- ments to the " Prize Court Rules, 1914 " 366 Notice of proposal to make the " Provisional " Amendments of Sept. 30th " Statutory " ... ... ... ... ... ... 367 Order in Council (Aug. 20th) ordering that during the War the Declaration of London (q.v.) shall, subject to certain modifications, be put in force as if it had been ratified and that all Prize Courts shall construe and interpret the Declaration by the light of the Commentary forming the General Report of the Drafting Committee on the Declaration ... ... ... ... ... 143 See also Blockade ; Contraband ; Enemy Ships ; Neutral Vessel. Prize, Distribution of. Order in Council (Aug. 28th) cancelling so much of Proclamation of Sept. 17th, 1900, as relates to distri- bution of net proceeds of Prizes captured from the enemy ... 208 Prize Salvage (i.e., on Ships recaptured from the Enemy), Procedure as to ... ... ... ... ... ... ... ... ... 287 A full Index to the Prize Court Rules and Forms is printed at pp. 353-364. Proclaimed Area (under Defence of the Realm Regulations) means area proclaimed by Admiralty or Army Council ... 154, 417 Restrictions imposed in " proclaimed area " (Defence of the Realm Regs. 6 7, 17, 20, 22, 23, 24) 147, 149, 154, 411, 414, 415 (a) The Admiralty Commissions which bear the same date as the Orders in Council are appended to them as printed above. Attention is dinrtcd to tlic Sole (it p. 6:52, ir/iirh describes 563 the plan of tin- JN DOBSX "nd its .nope. Proclamations (Royal). E.MKKUENCY ENACi'MKNTS AUTHORISING PROCLAMATIONS:— Articles of Commerce (Returns &c) Act, (c. Gf>) s. 2 (1) ... 24 (a) Currency and Bank Notes Act (c. 14) ss. 1 (G), 4 ... Customs (Exportation Prohibition) Act (o. 64) s. 2 23 Postponement of Payments Act (c. 11) s. (I) - (3) ... ... 5 (b) I'nrenHonable withholding of Food Supplies Act, (e. U ) 8. /... 16 Bicbbosmov Proclamations. Note.— -Under the Enactments specified immediately above, and and powers already on the Statute Hook before the Emergency, His Mai has between August 1st and September 30th, 1914, made 27 Proolania- ti'.ns all of which are listed in Chronological wqaenoe at pp. v. xi. and indexed berein under the subject matter. To these a1 the Council of October 8ti was added a further Proclamation 0>. 680) relating to Trading with the Enemy. Proclamations of the Xiord Lieutenant. Set Lord Lieu- tenant. Prohibited Area (under Aliens Restriction Consolidation Order, Part II) 72-76 Definition of area : power of Secretary of State to vary (Art. 18 sell. 2) ... ... ... ... ... ... ... ... 72,79-85 Registration of all aliens in (Arts. 19, 20) ... ... 72,73 Residence in of alien enemy without permit prohibited (Art. 18) ... 7_' Prohibited Ports. See Ports. Protectorate and Protected State. See British Protec- torate. Provisional Rules. See National Health Insurance ; Prize Courts. Note.— Under s. 2 of the Rules Publication An. 1893 (56 & 57 Vict, c. 66) Rules " certified as urgent " come into Eorce although the provisions of s. 1 as tn ill aft rules bave not been complied with. Provisions and Victual of all sorts which may be used as food for men. Proclamation (Aug. 5th), prohibiting exportation from the United Kingdom to any place whatsoever ... ... ... ... ... 164 Proclamation (Aug. 10th, 1914) defining Provisions, &c. ... ... 165 Proclamation (Aug. 20th) substituting new definition of ''Provisions, &c." L68 Order of Council withdrawing Prohibition as regards Channel Islands, Oversea Dominions, British Possessions and Protectorates, and Egypt ... ... ... ... ... ... ... ... 170 Order of Council wholly withdrawing Prohihition as to jams, mar- malades and condensed milk ... ... ... ... ... 171 Order of Council making Prohibition general as regards sugars, molasses, &c. ... ... ... ... ... ... ... ... Ii4 Alphabetical list of and index to the goods thus prohibited for ex (nutation by the 3 Proclamations, and 3 Orders of Council above ... ... ... ... ... ... ... ... ... 405 Public House. Restriction of sale and consumption of intoxicating liquor, in under Intoxicating Liquor (Temporary Restriction) Act (c. 77) ... 33 Public Inquiry : under Housing (No. 2) Act (c. 52), s. 1 (2) 17 Punishment. See Penalties and Punishments. (a) No Proclamation has (Oct. 9th, 1914) been made making postal orders no lunger legal tender (as empowered by s. l (6)), or making Scottish and Irish bank notes no lunger legal tender for an unlimited amount in Scotland 01 Ireland respectively (as empowered by b. -1). (bt No Proclamation was ever issued under this Act which was repealed, 1 & G Geo. 5. c bo, B. 4 (.'{) ; stc Proclamation under s. 2 of this latter Act, p. 96. 5750 3 X 2 5d4 Attention is directed to the Note at p. 532, ivhich describes the plan of the INDEX a)id its scope. PAGE Quarter Sessions, Appeal to. See Summary Jurisdiction. Queensland. Supreme Court constituted a Prize Court ... ... 527 Railways. Order in Council under s. 16 of the Regulation of the Forces Act, 1871 (34 & 35 Vict. c. 86) declaring that an emergency has arisen in which it is expedient Government should have control of the railroads of Great Britain ... ... ... ... ... 368 Warrant empowering the President of the Board of Trade to take possession of all such railroads (excluding tramways) ... ... 367 Power by " Defence of the Realm Regulations " to secure the safety of railways (c. 29, s. 1 (b) ) 13, 409 Trespassing on, or loitering near bridges, &c. prohibited (Defence of the Realm Regs. 9) ... ... ... j;« ... ... 147,413 Rates. Rates (Proceedings for Recovery) Act 1914 (4 & 5 Geo. 5, c. 85) extending the time prescribed by 11 & 12 Vict., c. 43, s. 11, for taking proceedings for the recovery of Rates ... ... ... 42 Recovery of under 4 & 5 Geo. 5, c. 78. See Courts (Emergency Powers). Realisation of Securities (other than mortgages and pawnbrokers' pledges). Suspension of right of, under Courts (Emergency Powers) Act, (c. 78), ss. 1 (1) (b), (7), 2 (2) 35- Receiver and Manager. Appointment by High Court under Trading with the Enemy Act (c. 87), s. 3, of controller of certain businesses with receiver's powers ... ... ... ... ... ... ... ... ... 46 Records of Prize Court ; minute and caveat books ... ... ... ... 295 Re-entry. Suspension of right of, under Courts (Emergency Powers) Act (c. 78), s. 1 (1) (6) 35 Registration of Aliens residing in the U.K. (Alien Restriction (Consolidation) Order, 1914 (Arts. 17-21)) 72' Regulation of the Forces Act, 1871 (34 & 35 Vict. c. 86). Order in Council under s. 16 as to Government control of railroads 368 Rent (under £.50 per annum). Suspension of right to recover under Courts (Emergency Powers) Act (c. 78), s. (1) 35 Reports creating Disaffection or Alarm. Power to prohibit spreading of (Defence of the Realm (No. 2) Act (c. 63)) 22,409 Spreading of, prohibited. (Defence of the Realm Regs.. 21) ... 153,414 Requisition of Ship by Admiralty, See Ships. by Belligerent. See Enemy Ships. Requisitions of Emergency requiring justices of the peace to issue warrants for the provision of carriages, animals, vessels, aircraft, food, forage and stores : — Army Requisitions. Act (c. 26) extending Army Act, s. 115, &c. to food, forage and stores ... ... ,.. ... ... ... 11 Orders under Army Act, s. 115, authorizing General or Field Officers to issue requisitions ... ... 90-93 Naval Requisitions. Act (c. 70) extending to the Naval Forces the provisions of the Army Act as extended to food, forage and stores to requisitions ... ... 28 Modifications effected by the Admiralty in the Armv Act as so applied ' ... 220-226 Attention is directed if the NoU at p. 532, which describes 565 the, plan of the INDEX and its scope. PAGE Residence, Cessation of. Power to direct iiny siispt'cti'il person t<> cease to reside in anj Bpeci fk-d area, within specified time. (Defence of the Elealm Regs.24A) I53j 415 Restaurant (with retailers" licence). Restriction on sale and consumption of intoxicating liquor in, under Intoxicating Liquor (Temporary Eestriction) Act (c. 77) ... 33 Retailers' Licence. [These licences a» those specified in Finance (1909 10) A.-. 1910, Sch. I.] Eestriction on sale of intoxicating liquor by bolder of, under Intoxi- cating Liquor (Temporary Restriction) Act (c. 77) Returns of Articles of Commerce to Board of Trade. See Articles of Commerce. of Currency Notes (in (gazettes). See Currency Notes. Road. Diversion of or stoppage of, for purposes of any work of defence. ( Defence of the Realm Regs., 3C 152.410 Rules of Procedure : Emergency Statutes Authorising Courts (Emergency Power) Act (c. 78) s. 1 (1) (a) (b) (5) ... 35,36 Patents Designs and Trade Marks (Temporary Rules) Acts (c. 27, s. 1 ; c. 73, s. 1) 12,30 also Prize Courts. Russia. Ports of (except Baltic ports), excepted from certain prohibitions on exportation ... ... ... ... ... ... ••• ••• 406 Ports of, trade with, excepted from provisions as to certificates of origin and declarations of ultimate destination ... ... ... 521 Sailors. Billeting of. See Billeting . Health Insurance under non emergency Regulations. See Note (c) 194 Separation Allowances to Wives and Children ... 209 Services of Time-expired men extended... ... ... ... .-. 205 Salvage. See Prize Salvage. School Teachers Superannuation Act (c. 66) enabling certificated teachers in England and Wales to reckon service in connection with the War for pension purposes 25 Application of Act to Isle of Man and Jersey (c. 66), s. 2 26 List of Rules under Elementary School Teichers (Superannuation) Ac's fojtnote (a) 26 Act (c. 67) for Scotland similar to (c. 66) above 26 Scotland, Emergency Statutes or Orders relating exclusively to. See Board of Agriculture for Scotland; Court of Ses- sion; Courts (Emerg-ency Powers); Local Government Board for Scotland ; National Health Insurance ; Police i Limit of Age) ; School Teachers Super- annuation ; Secretary for Scotland ; Sheriff, Scot- land ; Sheriff Court, Scotland; Special Constables. Search for Arms, &.C., of Alien Enemies : Home Office Statement as t » ... ... ... ... ••• ••• ••• 51o Search of building's, land and vessels. (Defencx of the Realm Regs. 12) ... ••• ••• ••• ••• ••• ••• 14-8,412 and of vehicles on roads. 1 1> 6 ace of the Realm K. gs. 12a bis) 153, 155 Search of Vessels. Resistance to involves condemnation (Declaration of London, Art. 68 and Commentary) ••• ••• ••• ••• ••• ••• ••• 4b-, DUB (a) The exactions, of which the F;iir- Act is one, are very i w. 566 Attention is directed to the Note at p. 532, which describes the j)Ian of the INDEX and its scope. PAGE Secretary of State. Note. — The Emergency Statutes, like almost all other statutes.(a) refer to '• the Secretary of State " (i.e.. "one of His Majesty's Principal Secretaries of State for the time being," see Interpretation Act, 1889, s. 12 (3) ), and not to the Secretary of State for any particular branch of the Secretariat, though in practice each Secretary of State's administration is confined to his own Department. Therefore, all the statutory powers and the emer- gency orders of the Secretariat are here listed under one heading, but cross references are given under each of the five offices to the subjects of their emergency administration. Powers under Emergency Statutes : — Aliens Restriction Act, 1914 (c. 12) ... .., 6 Intoxicating Liquor Temporary Restriction Act, 1914 (c. 77) ... 33 Trading with the Enemy Act, 1914 (c. 87), s. 2 (1) 43 Emergency Orders of or directly concerning : — Aircraft, Order prohibiting navigation of ... ... ... ... 47 Aliens Restriction "Consolidation" and "Change of Name" Orders 68,515 Army, &c. See Army ; Army Reserve ; Territorial Force. Defence of the Realm Regulations 146-158, 409-417 Isle of Man. See Isle of XVI an. Special Constables Order, 1914 ... ... 370 Trading with the Enemy, Licence of Secretary of State under par. 8 of Proclamation No. 2 ... ... ... ... ... 381 The Proclamations and Orders in Council made on representa- tions of a Secretary of State are indexed under their subject headings. See also Police Constables. Secretary for Scotland. Powers under Emergency Statutes : — Intoxicating Liquor (Temporary Restriction) Act, 1914 (c. 77). s. 2(2) 34 Police (Scotland) Limit of Age Act (c. 69), s. 1 27 Special Constables (Scotland) Act (c. 53), s. 2 19 Trading with the Enemy Act (c. 87), s. 4 (3) 45 Emergency Orders of : — Police. Order under c. 69, s. 1, prescribing the limit of age ... 237 Special Constables. Order under c. 53, s. 2, as to Orkney and Shetland ' ... 374 Security for Payment of Debt. Suspension of right of realisation of under Courts (Emergency Powers) Act (c. 78), s. 1 (1) (b) (7) 35 Giving of, to or for the benefit of enemy prohibited. (Trading with Enemy Proclamation No. 2, Art. 5 (2) ) ... ... ... ... ... 379 Securities. See Stocks, Shares and Securities. Sederunt, Act of, under Courts (Emergency Powers) Act (c. 78) 125-127 Separation Allowances in respect of War Service. To Wives, Children and Dependents of Constables. See Police Constables. To Wives and Children of Sailors and Soldiers ... ... 94, 209 Sequestration, Petition for Stay of proceedings under Courts (Emergency Powers) Act (c 78), 38. 1 (3), 2 (2) 36 Session, Court of (Scotland). See Court of Session. Shares. See Stocks, Shares and Securities. Sheep -scab and Sheep - dipping*. See Diseases of Animals. Sheriff, Scotland. Powers of under Aliens Restriction Act, 1914 (c. 12) ... ... 6 (a) The exceptions, of which the Fairs Act is one, are very few. Attention is directed tot lie Note at p. 532, which describes 567 the plan of the INDEX and its scope. PAUE Sheriff Court, Scotland. Procedure under Courts (Emergency Powers) Act, 1914 (c. 78) ... 35 Sheriff Depute, Scotland. Power to apply for order to restrict sale and consumption of exciseable liquors under intoxicating Liquor (Temporary Restriction) Act (c. 77) ... ... ... 33 Shetland, Special Constables in. See Special Constables. Shipowners. Representation of on Admiralty Transport Arbitration Board 387, 391 Ships. Condemnation of, evidence and hearing of cause for ... ... 274-277 Defence of the Realm Powers. See Vehicles and Vessels. Requisition of by Admiralty, procedure in Prize ('unit ca ... 287 A full Index to the Prize Cuurt Rules and Forms is printed at pp. ■;■">■'! 364. Requisitions of Emergency. See Vehicles and Vessels. Sierra Leone. Supreme Court constituted a Prize Court 527 Signalling- Apparatus. Set Telegraphs, 25 ,, "Welsh Insurance Commissioners ... ... ... 195 Numbers of (Army Votes) ... ... 93.94 Solicitor-General, or Solicitor-General for Ireland. Consent of requisite to prosecution under Trading with the Enemy Act, 1914 (c. 87), ss. 1 (4), 4 (2) 43,45 South Africa, Union of. Trading with the Enemy, powers of Governor-General ... 529. 530 The Cape of Good Hope and Natal Provincial Divisions of the Supreme Court constituted Prize Courts ... ... -V27 (BL) No Order hau (Oct. 9th, 191 1) been made under this Act. 568 Attention is directed to the Note at p. 532 winch describes the plan of the INDEX and its scope. PAGE South Australia. Supreme Court constituted a Prize Court ... 527 Spain, Ports of, excepted from certain prohibitions on exportation ... 406 „ trade with, excepted from provisions as to certificates of origin and declarations of ultimate destination ... ... ... 521 Special Constables. Act (4 & 5 Geo. 5. c. 61), enabling His Majesty, by Order in Council, to make Regulations with respect to Special Constables appointed during the War uuder, as regards England, the Special Constables Act, 1831, or s. 196 of the Municipal Corporations Act, 1882, and corresponding enactments relating to Scotland and Ireland, (a) authorising their appointment although no riot has taken place, and providing for allowances and gratuities ... 20 Special Constables Order, 1914 ... ... ... ... ... ... 370 Special Constables (Scotland) Order, 1914 ... ... ... ... 373 Act (4 c£ 5 (ieo. 5. c. 53), amending the law relating to the Appoint- ment of Special Constables in Scotland and extending ss. 96 to 98 of the Burgh Police (Scotland) Act, 1892, with modifica- tions to counties ... ... ... ... ... ... ... 19 These sections of the 1892 Act as to extended and modified, are printed in Appendix E ... ... ... ... ... ... 440 Order by the Secretary for Scotland (October 5th, 1914) adapting the provisions of the Special Constables (Scotland) Act, 1914, and ss. 96 to 98 of the Burgh Police (Scotland) Act, 1892, in their application to Orkney and Shetland ... ... ... ... 374 Special Intelligence Department. Home Office Statement as to ... ... ... ... ... ... 516 Spies. See Espionage. Sporting* Purposes (Ammunition for). See Explosive Sub- stance. Stamp jOuty. No additional duty payable in consequence of post- ponement of payment by Proclamation unless Proclamation so directs (Postponement of Payments Act (c. 11), s. 1 (2)) ... ... 5 State of War. See War, Notifications of a State of War. Statutes (Emergency). Table shewing their duration where expressed to be temporary and the extent to wbich they are affected by subsequent Statutes ... 3, 4 Statutory Declaration (Forms of) : by Special Constable (special Constables Order, 1914, Art. 3) ... 371 of Ultimate Destination of Goods ... ... ... ... ... 525 Statutory Rules and Orders. Numbering, Citation, Printing, and Sale of ... ... ... ... iv Stipendiary Magistrates. See Summary Jurisdiction. Stocks, Shares, or other Securities. Transactions in, with enemy, prohibited (Trading with Enemy Proclama- tion No. 2, Art. 5 (5) ) ... ... ... ••■ ... ••• ••> 379 Licence (under Proclamation) permitting certain payments ... ... 381 Stores. Requisitioning of, by military officers 90-93 „ „ naval officers ... ... ... ... 220-226 Straits Settlements. Supreme Court constituted a Prize Court... 527 Sugar. Exportation of refined and unrefined, molasses, and " invert " to all destinations prohibited ... ... ... ... 164-170,174,405 Importation of " Enemy produced" raw or refined sugar prohibited 385 (a) No Order in Council has (Oct. 9th 1914) been made under this Act in its application to Ireland. Attention is dinrtcd t<> the Note at p. 532, which describes 569 the plot, of the INDEX and its scope. PAOF. Summary Jurisdiction and Proceedings : under Aliens Restriction Act, 1914 (c. 12), s. 1 (2) 7 „ Articles of Commerce (Returns, &o.) Act (c. 65) s. 1 (3 i ... 24 Courts (Emergency Powers) Act (c. 78) s. 1 (as limited by Qrdei in Council of September L7th), and Rules and Directions under Act (a) 3&i 114-186 „ Intoxicating Liquor (Temporary Restriction) Act (c. 77) b. 1 (2), Appeal to Quarter Sessions 33 „ Slaughter of Animals An (c. 75) B. 3 ... „ Trading with the Knemy Act (c. 87), BB. 1 (1) (a ). 2 ( 3) ... 42, 44 Section 11 of the Summary Jurisdiction Act, 1H4H, not to apply to proceedings taken under tin' Kates (Proceedings for Recovery) Act (c. 85), s. 1 42 " Summary Jurisdiction Acts" what included in footnote (a) ... 7 Superannuation. See Police Constables, Naval and Military Service ; School Teachers Superannuation ; Special Constables. Suspensory Act, 1914. Act (4 ife 5 Geo. 5, c. 88) suspending all steps to put the Government of Ireland Act, l'J14 (c. 90), into operation, and postponing the date of disestablishment under the Welsh Church Act, 1914 (c. 91), until September 18th, 1915, or such later date (not being later than the ending of the War) as may be fixed by Order in Council... ... ... ... ••• ... ••• ••■ ••• *b Sweden. Certificates of origin required as to imports from certain ports of ... 523 Tapping- Wireless or other Messages. See Telegraphs. Tasmania. Supreme Court constituted a Prize Court 527 Taxation of Costs. In Prize Court cases ... ... ... ... ••• ••• ••• 279 A full Index ito the Prize Court Rules and Forms is printed at pp. 363-364. Teachers Superannuation. See School Teachers Super- annuation. Telegraphs, Telephones and Signalling Apparatus. See also Wireless Telegraphy. Injuring or tampering with, or interfering with the sending or delivery of, or possessing apparatus for tapping messages, pro- hibited. (Defence of the Realm Regs. 16) 149,413 Territorial Force. Electoral Disabilities. Removal of, caused by absence on War service (c. 25) ... Embodiment of. Proclamation embodying the Territorial Force ... 87 Health Insurance Act (c. 81), extending s. 415 of the National Health Insurance Act, 1911, as to previously insured officers of the Force ... ... ... ... ... ... ... ... 39 Regulations thereunder as to insurance of such officers ... 193-197, 525 Regulations under earlier powers (see note (c) p. 194) as to insurance of men of Force 197-204 Trade Marks. See Patents. Designs and Trade Marks. Trading with the Enemy. Proclamation, Aug. 5, l'JN, a* to Trading with the German Empire ... 375 Extension by Proclamation of Aug. 12 (Art. 2) to Austria- Hungary 98 Official Announcement, Aug. 22, H>14, in explanation of Proclamation 377 Trading with the Enemy Proclamation, No. 2 (Sept. 9) prohibiting payments to, compromises, negotiable instrument, share, and insurance transactions, supply to or obtaining from enemy goods, &c, British ships communicating with enemy country, and other transactions ... ... ... ... ... ... 378 570 Attention is directed to the Note at p. 532, which describes the plan of the INDEX and its scope. PAGE Trading- with the Enemy — continued. Licences granted under par. 8 of Proclamation, No. 2, permitting : — certain Payments, Exchange Transactions and Receipts (Sept. 22) 381 payment of certain Fees in respect of Patents, Designs and Trade Marks ... 381 British owners of Cargo lying in neutral ports in enemy-owned ships to pay Freight ... ... ... ... ... ... 383 Board of Trade Announcement as to such British cargo ... ... 383 Proclamation (Sept. 30) extending the prohibitions of Proclamation No. 2 to importation of Sugar ... ... ... ... ... 384 Proclamation (Oct. 8) further extending the said prohibitions and providing that the Secretary of State's power of granting licences under par. 8 of Proclamation No. 2 shall be exercisable by Governor-Generals and Governors ... ... ... ... ... 530 Trading with the Enemy Act, 1914 (c. 87), imposing penalties on persons trading with the enemy in contravention of Proclama- tion, Statute, or Common Law : inspection of books and documents : receiver of offending business ... ... ... 42 Declarations of Ultimate Destination and Certificates of Origin required from all Foreign, European, Mediterranean or Black Sea ports, except those of Allies and Spain and Portugal subject to various exemptions ... ... ... ... ... 521 Training- of Naval or Military Forces. Use of land for. (Defence of the Realm Regulation?, 3A) 521 Tramways. Excluded from Warrant as to Government Control of Railways (q.v.) 367 Transports and Auxiliaries. Proclamation of August 3, 1914, authorising Admiralty to requisition any British Ship or British Vessel within British Isles or waters adjacent thereto ... ... ... ... ... ... ... 386 Notification of August 11, 1914, as to Constitution of Admiralty Trans- port Arbitration Board ... ... ... ... ... ... 387 Notification of August 31, 1914 (superseding that of August 11), as to Constitution of Admiralty Transport Arbitration Board ... 390 Treason. See High Treason. Treasury. Powers under Emergency Statutes : — to issue and call in currency notes (c. 14), ss. 1 (4) (5), 2 ... 9 to authorise Bank of England and Scottish or Irish Bank of issue to issue banknotes beyond limit (c. 14, s. 3) ... ... ... 10 to consent to acquisition and disposal of land and buildings for housing (c. 52, s. 1) in England and Scotland ... ... 17 and in Ireland (c. 71) ... ... ... 29 to pay or borrow for expenses under the Act (c. 52), (c. 52), s. 2 18 for supply, power enlarged to raise money as they think fit (c. 60), s. 1 ... ... ... ... ... ... ••• 20 to exchange notes called in for other notes (c. 72), s. 1... ... 29 to give a covering certificate instead of issuing notes (c. 72), s. 2 29 Emergency Orders, Minutes, Letters, &c, of : — Bills of Exchange, assistance in regard to ... ... ... 101-106 County Court Fees under Courts Emergency Powers Act ... 113 Currency and Bank Notes Act (c. 14), arrangements under ... 136 Trading with the Enemy Proclamation of August 5, Announce- ment as to (revoked by Proclamation No. 2, p. 375) ... ••• 377 Tote of Credit, Minute of August 20th as to _ 396-400 Proclamations and Orders in Council made on representations of the Treasury are indexed under subject headings. Trespass on railway forbidden. (Defence of the Realm Regs., 9) ... 147,412 Trinidad. Supreme Court constituted a Prize Court 527 Tuberculosis (of Animals). See Diseases of Animals. Attention i.< directed to the Note at ]>. 532. which describes 571 (lie plan of tin' INDEX and it* >c>j>e. Ultimate Destination of Merchandise. Certificates of. required in certain cases PAGE 521 Uniform, Dress, or Accoutrements. Army Act, s. 156, applied with modifications to disposal or pledging of naval uniforms (c. 89) ... ... ... ••• ••• ••• *" Fine (£10) on summary conviction for assuming dress or accoutrements of Special Constable. (Special Constables Order, Art. 10; Special Constables (S) Order, Art. 2) 371,373 Unreasonable withholding- of Articles from Market. Unreasonable withholding of Foot! Supplies Act (c. 51) ... ••• 1 ( > Act (c. 65), s. 2, empowering Board of Trade in pursuance of Proclamation to take possession of articles unreasonably with- held ;* Repeal of earlier Act (c. 51) ... ... ••• ~° Vehicles and Vessels. Entrance hy force on and search of vessels. (Defence of the Realm Rege. 12) 148.412 List of to be furnished by persons within specified area (Defence of the Realm Regs., 6)... ... ••• ••• ••• ••• ••• l-w, 411 Removal of, within specified area and time, power to order. (Defence of the Realm Regs.. 4) 147, 41 f o Requisitioning of by military officers 90-93 n „ naval officers ... 220-226 Stopping and searching of vehicle on highway (Defence of the Realm Regs., 12A) " 153,412 Vice-Admiralty Prize Courts. See Prize Courts. Victoria. Supreme Court constituted a Prize Court 527 Vote of Credit- Treasury Minute of August 20th. 1914, as to the arrangements to be made for apportioning and accounting for the Vote of Credit for £100,000,000 granted by the House of Commons on August 6th for expenses arising out of the State of War ... 396-400 Raising of money voted. See War Loan. War Loan See also Vote of Credit. Act (4 & 5 Geo. 5. c. 60) empowering the Treasury to raise the War Loan in such manner, and subject to such conditions, as they may think fit ... ... ... ... ... ... ••• ••• 20 War, Notifications of a State of. Notification of existence as from 11 p.m. on August 4th. 1914. of a State of War with Germany 1 Notification of existence as from midnight of August 12th, 1914, of a State of War with Austria-Hungary ... ... ... ... 1 War Office. See Army; Defence of the Realm; ami also Army Council ; Secretary of State. War Service. See National Health Insurance ; Police Constables, Naval and Military Service ; School Teachers' Superannuation. Warlike Stores. Proclamations and Orders of Council modifying same prohibiting the exportation of certain Warlike Stores from the (a) United Kingdom — to any place whatsoever ... 160, 164-176, 520, 403-406 to all foreign ports in Europe and on the Mediterranean and Black Seas other than those of Russia (except Baltic Ports), Belgium, Frame Spain, and Portugal 162, 168, 172, 175, 520, 406-407 (a) For Customs purposes the Isle of Man forms part of the United Kingdom, B9-40 Viet., c. 36, s. 277 ; 14 2 Geo. 5. c. 4(5. s. 14 (6). 572 Attention is directed to the Note at p. 532, which describes the plan of the INDEX and its scope. PAGE Welsh Church Act, 1914 (c. 01). See Suspensory Act (c. 88) 46 Welsh Insurance Commissioners. See National Health Insurance. Western Australia. Supreme Court constituted a Prize Court ... 527 Wife of Absentee on War Service. Poor relief received by not to disqualify husband as elector 11 Separation allowance to wife of Constable. See Police Con- stables. Separation allowance to wife of Sailor or Soldier 94, 209 Windward Islands. Royal Court of St. Lucia constituted a Prize Court 527 Wireless Telegraphy. See also Telegraphs. Notice of " Emergency," and of Government control over Wireless Telegraphy 402 Admiralty regulations for prohibition of use of in territorial waters of United Kingdom and Channel Islands 402 Home Office Statement as to Wireless Telegraphy Acts ... ... 516 Within doors (Ordering persons to remain). Naval or military authority at defended harbour or proclaimed area may order persons to remain within doors between specified hours and in specified areas (Defence of the Eealm Kegs., 24) 149, 154, 415 Working- Classes, Housing of. See Housing of the Working- Classes. Workmen's Compensation Act, 1906 (6 Edw. 7, c. 58). See Injuries in War. Zanzibar, His Britannic Majesty's Court for. 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