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the case of an equality of votes, the President has a casting


4. Captured enemy or suspected ships shall, as a rule, be brought into the naval port of Pola. The Commander of the capturing man-of-war or the Prize Officer must notify immediately the arrival of the vessel to the President of the Prize Investigation Committee (Director of Investigations). The Director of Investigations shall open the sealed packet containing the ship's papers in the presence of the Commander or of the Prize Officer and of the Master of the captured ship, take without delay the evidence of the Commander (Prize Officer) with regard to all the important circumstances concerning the stoppage and capture, of which evidence Minutes shall be drawn up, and shall examine the Master of the captured ship, who shall be considered as representative of such of the other parties interested in ship and cargo as may not have come forward and proved their identity.

In like manner, he shall take, as far as may appear necessary, the evidence of the crew who have co-operated in the capture or conduct of the prize; and, in any case, that of all the crew of the captured ship and, if circumstances make it desirable, of the passengers; and shall not permit the Master or the crew to communicate with the land until such examination has taken place, and then only if there is no objection to this being done.

Witnesses called by the Court shall attend the examination of the Master, the crew, and the experts, and subsequently the view, and these witnesses shall also sign the Minutes of the proceedings.

The Prize Investigation Committee shall, as soon as possible, take over the captured ship, and cause an inventory of the ship and the cargo to be drawn up by experts, and, if necessary, take all such steps, in agreement with the Naval (Military) local authority, as may be required for securing the ship and cargo and for providing for and guarding the crew.

5. The Director of Investigations shall, with the greatest possible expedition, take the necessary steps in order that the facts of the case may be fully cleared up and shall, in his official acts, safeguard, with the same care, the interests of both the capturing and the captured ships.

The rights of the captor shall be represented, in the public interest, by a representative of the Navy appointed by the Commander-in-Chief, who shall formulate a definite claim for the condemnation of the prize.

At the conclusion of the investigation, the Director of Investigations shall grant permission to all the parties concerned to inspect the records, and request them to declare whether they have anything further to bring forward for safeguarding their rights. Thereupon the representatives of the Navy and of the opposite party shall hand in their pleadings in writing, or have such recorded by minutes, and unless the Investigation Committee considers it necessary to supplement the records, these shall then be submitted to the Prize Court of the first instance, with an introductory statement.

6. The following matters shall be reserved for the decision of the Prize Investigation Committee :

(1) The appointment of curators for the parties interested in the ship or cargo.

(2) The unloading of the ship, the sale of the cargo, and the deposit of the proceeds. The sale is admissible only if all the parties concerned agree, or if it should be absolutely necessary in order to save the cargo from imminent deterioration.

(3) The release of a ship, found to be free from suspicion, and of its cargo when not coming within the purview of prize. (4) All questions respecting the crew and the passengers. (5) The decision as to complaints against official acts of the Director of Investigations.

The decisions of the Prize Investigation Committee are not confined to any particular course of legal procedure. The Prize Court of first instance, when giving its judgment, shall simultaneously decide on any possible complaints.

7. The Prize Court of first instance may order the records submitted to it by the Prize Investigation Committee to be completed, and may, in particular, grant permission to the parties concerned to bring forward further evidence, and, for this purpose, return the records to the Prize Investigation Committee.

The Prize Court of first instance shall pronounce in its judgment whether the ship and cargo, or any part of the cargo, shall be considered as lawful prize. It shall further issue the necessary orders respecting the ship, cargo, and crew, and fix, in the case of the release of a ship having had contraband on board, the amount of the costs which have arisen from the Prize Proceedings and of the maintenance of the ship and cargo during investigation.

When giving judgment, the laws and regulations in force, existing international agreements which may bear on the

subject, and the generally recognised principles of International law, are to be used as a guide. The verdict of the Court shall be supported by a reasoned judgment which shall contain a statement as to possible legal remedies.

A copy of the judgment shall be furnished to all those parties concerned who have named a person authorised to accept services of process at the seat of the Prize Court, as well as to the I. & R. War Ministry, Naval Section, on behalf of the captor; and steps shall be taken also for the immediate publication of the judgment in the Gazette of General Regulations for the I. & R. War Navy.

8. If, within 30 days after the publication in the Gazette of General Regulations for the I. & R. War Navy, no appeal in writing against the judgment (which appeal must contain the respective legal arguments) has been lodged with the Prize Court of the first instance by any of the parties concerned, the judgment shall acquire legal force, whereupon all the records shall be sent to the Prize Investigation Committee for the purpose of executing the judgment.

If an appeal is lodged, those parties who might be prejudiced by a modification of the judgment shall be at liberty to inspect the documents of appeal with the President of the Prize Court of the first instance within 14 days from the expiration of the period for appeal, and to lodge counterpleadings in writing within the said 14 days.

After the expiration of the said 14 days, the Prize Court of the first instance shall send the documents received, together with the records of the investigation, to the Superior Prize Court, and notify this fact to the Prize Investigation Committee.

With respect to the form and publication of the judgment of the Superior Prize Court, the regulations of Section 7, subsections 2 and 3, shall apply.

After the judgment has been pronounced, the records shall be sent to the Prize Court of the first instance, for the purpose of giving the necessary notification to the parties and to the Prize Investigation Committee.

9. If the ship or the entire cargo or a portion of the latter is declared to be a proper prize, the Prize Investigation Committee shall request instructions from the Naval Commanders' Office.

If the ship or cargo is not declared to be a proper prize, the Prize Investigation Committee shall cause the release and



restitution of the same to the persons thereto entitled, either with or without deduction of the expenses, according to the directions contained in the judgment of the Prize Court.

BRITISH NOTICE respecting the Austro-Hungarian List of Contraband of War. London, December 16, 1915.*

Foreign Office, December 16, 1915.

THE Secretary of State for Foreign Affairs has received from the United States' Ambassador a copy of lists of absolute and conditional contraband of war communicated by the Austro-Hungarian Government to the United States Embassy in Vienna on the 12th ultimo. The English translation of the lists is as follows:

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. Gunpowder and explosives of all kinds.

4. Gun-mountings, ammunition wagons, limbers, transport wagons, field forges, gun barrels, field kitchens, field bakeries, searchlights, searchlight material, 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


8. Articles of camp equipment and their distinctive component parts.

9. Armour plates.

10. Warships, including boats, and their distinctive component parts of such a nature that they can only be used on a vessel of war; sheathing and shipbuilding steel.

11. Implements and apparatus designed exclusively for the manufacture or repair of arms and war material.

12. Airships and flying machines of all kinds, their distinctive component parts and accessories, articles and material

"London Gazette," December 21, 1915.

recognisable as intended for use in connection with aircraft and airships.

13. Motor vehicles of all kinds and their component parts. 14. Range finders and their distinctive component parts. 15. Binoculars, telescopes, chronometers and nautical instruments of all kinds.

16. Submarine sound signalling apparatus.

17. Barbed wire and implements for fixing and cutting the


18. Ingredients of explosives, viz., nitric acid, sulphuric acid, glycerine, acetone, calcium acetate, sulphur, nitrate of potassium, the fractions of the distillation products of coal tar between benzol and cresol inclusive, methylaniline, ammonium perchlorate, sodium perchlorate, sodium chlorate, barium chlorate, ammonium nitrate, cyanamyde, potassium chlorate, calcium nitrate, mercury; toluol and the compounds of toluol extracted from tar, petroleum or in any other manner. 19. Ammonia and its simple and compound salts; liquid ammonia, carbamide, aniline and its compounds.

20. Ferro alloys, including ferro-tungsten, ferro-molybdenum, ferro-manganese, ferro-vanadium, ferro-chrome.

21. The following metals: tungsten, molybdenum, vanadium, nickel, selenium, cobalt, hæmatite pig-iron, manganese. 22. The following ores: wolframite, scheelite, molybdenite, nickel ore, chrome ore, hæmatite iron ore, manganese ore, zinc ore, lead ore, bauxite, cryolite.

23. Aluminium, alumina and salts of aluminium.

24. Antimony, together with its sulphides and oxides. 25. Copper, unwrought and part wrought, copper wire. 26. Lead, pig, sheet or pipe.

27. Iron pyrites.

28. Tin, chloride of tin, tin ore.

29. Copper iodide.

30. Animal wool, raw or manufactured, including yarn whether carded or worsted.

31. Hides of all kinds, dry or wet.

32. Leather, undressed or dressed, suitable for saddlery, harness, military boots or military articles of clothing.

33. Rubber tyres for motor vehicles and for cycles, together with articles or materials especially adapted for use in the manufacture or repair of tyres.

34. Rubber of all kinds and goods made of rubber. 35. Resinous products, camphor and turpentine.

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