The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-03-02
BEGINSFIGHTTO
SAVETHEDACIA
IN PRIZE COURT
+. y. Blcitung Orders Cap
tain To File Lien for S18.-
600 Against Cargo.
DEMANDS
or PORT INSURANCE

Edward y. Iireitung. owner of the
st.aner Dacia. captured IN the English
C,annel and now held Tor a prize court
e., Erest by the French Government.
,cstcrday engaged the law hrm of Mar
,ir. Hooker n Roosevelt to conduct the
defence in the event the French Govern
u1cnt proceeds with the prize court hear
;uCs 1ic also sent to capt. Mcdonald
q. the Dacia Instructions to enter q lien
for $4,000 against the Dacia's cargo.
and to insist on getting a French Gov
eminent guarantee to cover port in
suraucC.
MIR Hooker issued n statement last
-irht outlining the legal aspects Of tn.
case II Is pointed out that ON october
90. 1914, the British Government made
| an order I'm Council declaring that the
| Declaration of London. except as modi-
| ned by the order in Council, should he
| put In force during the continuance of
| an. present hostilities. The exceptions
| male were aNerTed to he necessary. \
similar order was adopted 10y the
| French Government. This order in
| Council reads as follows
AT TIE COURT At BUCKINGHAM
PALACE. THE 18TH DAY OF
OCTOBER, 1914.
PRESENT.
THE KINGS MOST EXCELLENT
MAJESTY IN COUNCIL.
whereas by an order in Couucil
dated the goth day Of August. 1914, his
Majesty was pleased to declare that
during the present hostilitics the cnnN.n-
ton known as the Declaration of Londo
should. subject u certain conditions and
notifications therein specified. be
adopted and put in force 10y his Ma
jtsiy's Government. n
Whereas the said additions n
nod ications were rendered necessary
ly the special conditions of the present
var. and
"WAereas it is desirable and poss ble
row To rten1ct the said order in coun-
len with amendments in order 10 mini
uizc. So far as possible, the interference
lVGth innocent neutral trade cccasioned
b, the war. q,
Now. therefore. his Majesty. 10y and
vth the advice of his privy council. is
ueasod to order, and IL Is hereby or
dcred. a. follows:
-. During the present lostilitles the
provisions Of the convention known as
o Declaration of London shall. sub
,rtt to the exclusion of the lists of con-
Irtpird and nou-contraband, and To IN"
DO. 1r,tiu-s hereinafter set out, De
4. picl and put in force ny his
t..il'. ti,Vorrmcrt.
"Thc notifications are a. follows
81 4 neutral vessel with papers indi-
lc-.ug - neutral destination. which. not
W t~hstduliug the destination shown in
q paIers. proceeds to an enemy port.
slal! ne liable to capture and condem-
Vu.tioN # shc is encountered before the
Ieni Of nor next voyagc.
III The estimation referred to IN Ar
I,,'C ~ Of the said declaration shall Gin
aalliru to the Prescriptions laid down
Article 30 bc presumed to exist If
I;Ae goods are consigned to or for an
Iasen. Of the enemy state.
I'll Notwithstanding TIL provisions
l. Article 80 Of the said declaration.
Conditional contraband snail be liable
To- capture on board a vessel bound for
neutral port IL the goods are consigned
'o order or II the ships papers do not
Isa0W who is the consignee OF the goods
1' il they show a consignee of the goods
M territory belonging to or occupied
lby the enemy.
Nv. In the cases covered by the pre-
Iredlng paragraph Glip II shall lie
uron the owners OF the goods Ia prove
It1at their destination was innocent.
"2. Where II is shown to the salts
faction OF one of his Majesty's principal
ISecrctaries of State hat the enemy
Government is drawing supplies for its
Ihi Inth loI''S from OF through a itutEdl
Itountry he may direct that In respect of
IthIps bound for a port in that ountr
PARTICLE 80 OF the said declaration shall not
Iappiy. such direction :hall be notified
IN the London Gazette and shall operate
until the same is withdrawn. So long
ts such direction is in force "A vessel
which is carrying conditional contra
band to a port in that country shall not
be immune from capture.
"3. The order in council OF the 26th
August, 1914. directing the adoption
Prd enforcement dur,nE the prrsrs,
Ikostilitles OF the conv -ut.on known -
the Declaration oc L.ondon, subject to
Ithc conditions and mo 'it,cations therein
sp"'ihed. - hereby IcIt:led.
=. This order may be cited as The
Declaration OF London Crder in CouacIl,
No ., 1914
And the Lords Commissioners OF his
IN 'jesty's Treasury, the Lords Commits
I|s'oners of the Admiralty and Zach OF
hls ljesty's principal Secretaries of
IS2ie, the President of the Probate.
Iblrorce and Admiralty Division OF the
Ihigh Court of Justice, all other Judges
l. nis Mljcsty's prize courts aud al.
'drcr:ors officers and authorities
V'1m - may concern are 20 give the
Ii' ossary directions herein a. to them
Im'F respectively appertain
".ALMERIC FIrzEoY
-n