Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1918-08-05

penal code in force in Belgium and
in all cases they will adjudge only
such penalties as are listed in the
penal code of the German empire
(Article ~. The procedure will be
regulated as to it's principles blythe
code of criminal law for the German
empire, (Article 14). The decisions
rendered are not subject to appeal,
(Article 15.)
An ordinance bearing the Same
dates created German tribunals for.
n civil Justice will be rendered
in the first instance by the imperial
tribunals of the district; in the c
ond instance, by the superior imperial
tribunal. Tribunals for arbitration
may not be instituted except with
the authorization of the chief of the
civil administration. (Articlet ~; the
judiciary Language is German, GAR
ticle 81. These tribunals will consider
only cases in which the parties,
whether as plaintiff or defendant, APP
One who il under German turisdic-
ton, one who is under the Jurisdiction
Of one of the countries allied to the
German empire or Of a neutral state;
Cha sequestrated German, (Article
10.) The convention which. is to be
the basis of debate will determine the
legislation which the tribunal must
apply, (Article 15). The forms Of pro-s
cedure are in principle those Of the
code of civil procedure of the Ger
man empire, (Article 10.
Any judgment capacle Of execution
in Germany Is likewise capable Of It'll
in Belgium, tArticle 1s). se@e
Thus, in spite of Article 43 Of tho1
rules annexed to the fourth convent
ton at The Hague, foreign jurisdic-I
lions are established in Belgium in
opposition to the laws and the tradi-j
tons Of the country. The>occupant ash
a deterrent measure causes the courto1
OF assizes to- disappear, the guarantee;
of a double degree Of jurisdiction, and
OF appeal in. ~caesation in case of Q vi
olation Of the law. Designating thei
most elementary rights Of appellants,
it prescribes- that throughout the
country in, the districts where Flem-
ish is the language of intercourse as
well as In those in which French il
the language, the Judiciary language
is German. It subjects Belgian citi-
zens to penalties prescribed by the
German penal code; it regulates the
procedure In conformity with Ger-
man codes. "
In civil cases it fixes the c~Smpetence
OF these tribunals exclusively where
the litigants are under German turis-
diction or that of a German aiiy or
a neutral state as plaintiff or defend
ant ora third party. It nee it,
self only with the interests Of a sub
ject of the German empire and of its
allies. It subjects the Belgiaus drag
ged before these tribunals to a Ger.
man procedure, regulated by German
legislation. In rendering decisions in
Belgian territory under decisions legal
In Germany 1t again violates q, princi-
pie OF International law already con-
travened by. the ordinance Of June
- 1913. Belgian sovereignty has not
disappeared by the fact of the occu.
patton. Foreign decisions can have
no legal force unless they conform 10
the legislation Of the country where
they are to be carried out.
The government Of the king con-
siders that it is its duty to protest
against the measures which have i
been taken by the occupying authori-
tty In regard to the judiciary bodies
OF Belgium. against the deportation
OF Belgian magistrates to Germany
against the institution of the furnc.
uoning OF foreign Jurisdictions under
conditions which constitute a Migrant
especially serious,S Of inter-
nauonal conventions. against the ap-
pllcatioH Of German laws In Releiun.
It also believes that ii IL its Smtv - ,
to the attention Of the nAr4ral
states to the fact that the de%cisions
rendered by tha-German 3courtN es-
.ao!isned IN Belgium in oppressive or
n civil matters cannot in ~accordanca
With the principle of the laws OF ma
tions serve as a basis for aistngfe act
otFproceduresor OF execution broad