(e.) The election of domicile in Rome with designation of person with whom or office at which domicile has been elected. Failing election of domicile, notifications are communicated by deposit at the office of the Secretary of the Prize Court. The declaration should be signed by the party or by a lawyer practising at a Court of Appeal of the Realm furnished with a special power of attorney. 4. The party should annex to the declaration the bill of lading of the goods the release of which is demanded, and a certificate from the competent authorities of his own country attesting the nationality of the aforesaid party. Such certificate should be legalised in the case of aliens by an Italian Diplomatic or Consular representative. 5. If the bill of lading is to order or to bearer, the holder of the bill of lading who demands release of the goods should show on what date he obtained possession of it. 6. For the effect of the laws respecting stamp taxes and registration fees the provisions of Article 22 of the Internal Regulations approved at the session of the 26th June, 1915, are applicable to the decision as to the nationality of the goods. 2. Regulations drawn up by the Italian Commission of Prizes, June 26, 1915. ART. 1. The Commission is convoked by the president at any time that he may consider opportune. The secretary will keep the minutes of the sittings of the Commission. 2. The Commission selects from among its members two vicepresidents. In case of absence of the president, his duties shall be performed temporarily by one of the two vice-presidents. 3. In order to adhere as far as possible to the ordinary number of seven votes, the president may replace by a supplementary number any ordinary member who is prevented from attending. In filling up the vacancy he should observe as far as possible the standard of categories referred to in Article 2 of the lieutenant-general's decree of the 30th May, 1915, No. 807. 4. The Ministry of Marine shall transmit to the Government Commission the acts to be submitted to the judgment of the Commission of Prizes, and shall notify the president that they have done so. The Government Commissioner may apply to any State authority, through the Ministry of Marine, for any further acts, documents, or explanations which he may consider necessary. 5. The Government Commissioner shall place the demand for the judgment in question before the Commission. The demand must be attached to the dossier of the Acts and deposited at the office of the secretary of the Commission. 6. The president, by decree, records that the deposit has been made. The decree is published in the " Official Gazette" by the secretary, and recapitulates Articles 7 and 11 of these Regulations. It shall be communicated immediately through the channel of the Ministry for Foreign Affairs to the diplomatic agents of the States entrusted with the protection of the interested parties as noted in the dossier. 7. The Acts shall remain deposited in the secretary's office for ten days, counting from the date of publication in the "Official Gazette" of the decree referred to in the preceding Article. This period may be extended or shortened by the acting president either at the request of the Government Commissioner or of one of the interested parties. 8. Within the period laid down by Article 7, persons wishing to enter a plea against the legitimacy of the condemnation must personally, or through the intermediary of a lawyer inscribed on the roll of one of the Appeal Courts of the realm, furnished with a special mandate, assert their qualification and elect a domicile in Rome, notifying it at the office of the secretary of the Commission. Parties are allowed to appear even after expiration of the period indicated above, but not later than the fifth day following the announcement that the preliminary examination (instruction) referred to in Article 11 has been closed. In such case parties must come into proceedings at the stage in which they then stand. 9. The parties, when constituted, are at liberty to examine the Acts deposited at the secretary's office, to present documents, and to put forward their requests and defence by means of memorials addressed to the president. The memorials must be written in the Italian language. Documents drawn up in foreign languages must be accompanied by an Italian translation duly legalised. 10. At the end of the period fixed by Article 7, the president shall appoint a reporter and then convoke the Commission in Council, the Government Commissioner being present, to examine whether or no further preliminary Acts (Acts of instruction) are necessary. The Commission takes its decision on the point without the Government Commissioner being present. In the affirmative case, the president shall take steps to complete the preliminary Acts, giving the necessary orders and delegating the reporter for the purpose, or should the latter be prevented, another of the members: the right to be present being reserved to the Government Commissioner and to the parties interested. The delegate for the preliminary examination (instruction) is assisted by the secretary of the Commission. A procès-verbal is drawn up of the work of preliminary examination. The Commission may also order the production of fresh Acts and documents. 11. The president, after hearing what the reporter and Government Commissioner have to say, declares the preliminary examination closed by an ordinance, of which notice is given to the parties at their domicile elected in Rome, which is published in the "Official Gazette." 12. From the date on which the ordinance closing the instruction has been notified, a fiual period of five days is granted to the parties interested, within which fresh evidence may be presented at the office of the secretary. 13. The sitting for discussion of the case is fixed by a decree of the president after consultation with the Government Commissioner. Three days before that fixed for the discussion, the secretary shall notify the interested parties of the fact at their domicile elected in Rome. Two days before the case is heard the Government Commissioner shall deposit his findings at the office of the secretary. 14. Except in the case of the deposit dealt with by Article 6, the notifications are made to the parties by the secretary at their domicile elected in Rome by letter against receipt. 15. The president can, at the instance of the Government Commissioner, on justifiable grounds, postpone a case to another sitting, when he will cause the parties to be notified accordingly. 16. At the sitting of the Commission to discuss the case only the Government Commissioner and the secretary may be present in addition to the lawyers of the regularly constituted parties. The reporter shall submit the contents of the Act, after which the lawyers have the right of addressing the Commission to explain succinctly the contentions of the parties to the issue. Proceedings are terminated by an address of the Government Commissioner. 17. At the conclusion of the discussion the Commission deliberate in council, when the Government Commissioner, secretary, and lawyers are not allowed to be present. The Commission may postpone judgment to a further sitting. After votes have been taken, the president selects a member to draft the sentence. 18. The sentence must be signed by all the members who took part in the deliberation, and countersigned by the secretary. The sentence, for the purpose of publication, must be deposited in the secretary's office. 19. Copy of the sentence, and, when the case requires it, copy of the documents admitted at the preliminary examination, may be sent out by the secretary of the Commission in the executive form prescribed by Articles 556 and 557 of the Code of Civil Procedure. Certified copies are issued by the secretary. 20. When the conditions of distribution of the objects captured and confiscated have been drawn up and published in accordance with Article 241 of the Mercantile Marine Code for the settlement of claims, the interested parties should send to the-esident of the Commission a statement of the grounds on which they base their claims. The Commission is then again convoked by the president, and, after hearing what the Government Commissioners may have to say, shall then take a final decision. 21. The office of the secretary is open to the public on weekdays from 10 to 12 and from 4 to 6, and on holidays from 10 to 12. 22. The judgment as to the legality of capture given in name of the Government and the drawing up of the conditions of distribution are considered as done in the exclusive interest of the public service (and therefore not liable to stamp duties). But the Acts submitted or demanded during the case by private persons, and their documents, instances, and pleas, as well as copies of the sentences, and the ordinances asked for by the parties, must be drawn up and delivered in accordance with the laws of the realm regulating stamp and registration duties. The parties themselves must deposit beforehand with the secretary of the Commission the sheets of stamped paper necessary for drawing up the Acts asked for or rendered necessary by them, and the estimated amount of registration duty, to which the decisions relative to the eventual acceptance of their instances are subject, to be calculated when the secretary has completed the formalities of registration. BRITISH ORDINANCE laying down Temporary Rules, relative to Patents, Designs, and Trade-marks.-London, October 19, 1915. By virtue of the provisions of "The Patents, Designs, and Trade-Marks (Temporary Rules) Act, 1914,"* the Board of Trade hereby make the following Rules: 1. The Comptroller may at any time during the continuance of these Rules, extend the time prescribed by "The Patents and Designs Act, 1907,"† or "The Trade-Marks Act, 1905,"‡ or any Rules made thereunder, for doing any act, upon such terms and subject to such conditions as he may think fit, where the doing of such act would by reason of the present state of war be prejudicial to the public interest. 2. These Rules shall be called "The Patents, Designs, and Trade-Marks (Temporary) Rules, 1915 (Second Set)," and shall come into operation as and from the 14th day of October, 1915. Dated the 19th day of October, 1915. WALTER RUNCIMAN, President of the Board of Trade. BRITISH ORDER OF COUNCIL further varying the Orders relative to the Prohibition of Exports.-London, October 19, 1915.* At the Council Chamber, Whitehall, the 19th day of October, 1915. By the Lords of His Majesty's Most Honourable Privy Council. WHEREAS it is provided by section 2 of "The Customs (Exportation Prohibition) Act, 1914," that any Proclamation or Order in Council made under section 8 of "The Customs and Inland Revenue Act, 1879," as amended by the Act now in recital, may, whilst a state of war exists, be varied or added to by an Order made by the Lords of the Council on the recommendation of the Board of Trade; And whereas it is provided by section 2 of "The Customs (Exportation Restriction) Act, 1914," that any Proclamation made under section 1 of "The Exportation of Arms Act, 1900,"§ may, whether the Proclamation was made before or after the passing of the Act now in recital, be varied or added to, whilst a state of war exists, by an Order made by the Lords of the Council on the recommendation of the Board of Trade; And whereas by a Proclamation, dated the 28th day of July, 1915, and made under section 8 of "The Customs and Inland Revenue Act, 1879," and section 1 of "The Exportation of Arms Act, 1900," and section 1 of "The Customs (Exportation Prohibition) Act, 1914," the exportation from the United Kingdom of certain articles to certain or all destinaticus was prohibited; And whereas by subsequent Orders of Council the said Proclamation was amended and added to in certain particulars; And whereas there was this day read at the Board a recommendation from the Board of Trade to the following effect: That the Proclamation dated the 28th day of July, 1915, as amended and added to by subsequent Orders of Council, should be further amended by making the following amendments in and additions to the same: 1. That the headings "Cotton yarn and thread" and "Cotton "London Gazette," October 19, 1915. + Vol. CVIII, page 39. Vol. CVIII, page 48, § Vol. XCII, page 1284. |