are allowed only in certain cases specially mentioned in the law), as of motives, forming the basis of paragraph 51 of the Rules of Naval War. In regard to the last mention, it should be added, that the real sense of the rules, established by the London conference of 1908-1909 and accepted by the delegates of the powers in the form of “Declaration on the right of naval war," is clearly exposed in the report, submitted to the conference by the editing committee, which must therefore be taken into consideration by the prize courts in all doubtful cases, which may arise as to the exact understanding of one or other of these rules (see ed. of Min. For. Aff., 1910, pp. 38-183). Chief of Naval General Staff, and Privy counsellor. Acting Prosecutor of the High Prize Court, legal adviser (jurisconsulto) the Minister of the Navy. Regulations for the appraisal of prizes, September 9/22, 1914. Annex to paragraph 33 (note) to the Russian Regulations of Naval Prize, 1895,1 in force with modifications September 9/22, 1914. RULES ON THE APPRAISAL AND SALE OF PRIZES. 1. The appraisal of war vessels of the enemy's navy is made in ac-cordance with special formulas. All questions regarding status of the vessel as to whether it is a war vessel or not, are decided by the Admiralty council. 2. The appraisal mentioned in the preceding article includes the value of all articles forming the armament and outfit of vessels taken from the enemy, with exception of precious stones, gold, silver, papermoney, and other valuables, which may form part of the cargo. All such objects of value are appraised and may be sold separately from the ship, under general provisions. (Par. 4 and following.) 3. For the appraisal of ships according to the rules given in paragraph 1, the commander in chief, or the commandant of naval station, will appoint a board composed of naval officers, naval constructors, and engineers of the navy. 4. The appraisal of other vessels and cargo confiscated as prizes, besides those mentioned in paragraphs 1 and 2 of these rules, and of recaptured vessels and cargoes of our navy (pars. 34 and 92 of Regulations on Naval Prizes), as well as of seized property liberated but unclaimed (par. 82, Regulations on Naval Prizes) will be made by order of the chief commander in chief or of the commandant of naval stations, under supervision of a deputy appointed by him, by sworn appraisers and in case there be no such, by experts, at least two in number. The appraisal must be made in the presence of an official of the customs service. 1 United States, Foreign Relations, 1904, p. 739. The appraisal of goods confiscated as prize when they have been seized by trading ships (par. 15 and 43, Regulations on Naval Prizes) will be made on an order of a prize court, under supervision of a deputy appointed by the court. 5. The appraisal made according to above rules, with the opinion of the deputy and of the customs official annexed to it in such cases when it may be necessary (par. 4) will be submitted to the naval officials, or to the prize courts, who may have issued the order to execute it. 6. The sale of goods confiscated as prizes, if the naval department does not want to keep them (par. 33, Regulations on Naval Prizes), as well as of such property which was liberated from seizure but not claimed in time (par. 82, Regulations on Naval Prizes), will take place in accordance with rules established for the sale of goods confiscated for violation of custom service regulations (Code of laws, Bk. VI, Custom Service Statute, ed. 1910, pp. 1113, 1173, 1215, and 1263), with such modifications and supplements as may be further mentioned. 7. The sale will be allowed and confirmed by the authorities mentioned in paragraph 5 or by prize courts, and will take place under the supervision of deputies (as for appraisal); it can take place also, elsewhere than the customhouse precincts, but invariably in the presence of a customs official. 8. The sale of goods, subject to rapid deterioration, can be allowed with the formality of confirming the appraisal and with other exceptions from rules, if it be necessary. 9. The appraisal and sale of property seized, made before a decision as to its confiscation, and the appraisal and sale of private property recaptured, in cases foreseen by paragraphs 23, 24, 67, 71, and 92 of Regulations on Naval Prizes, will take place according to these rules, but only on an order and under approval of the authorities mentioned in said paragraphs or of the prize court and under the supervision of a deputy appointed by the court or by those authorities as may be appropriate. 10. During the course of all proceedings of appraisal and sale the persons mentioned in paragraph 23 of the Regulations on Naval Prizes may be present and submit their statements and explanations. Decree relating to treatment of enemy cargoes in national and allied vessels, August 10/23, 1915. Amendment and supplement of the naval prize rules, confirmed by Imperial order on 27 March, 1895.1 His Imperial Highness' decree to the governing senate: Recognizing it as desirable that the naval war rights ordain conditions, and rules in connection with confiscation of the enemy's cargoes transported under Russian or allied flags and to make an amendment in the imperial decree of 27th March, 1895, prescribing the regulations of naval prize, the following rules are established: 1 United States, Foreign Relations, 1901, p. 736. See also, Naval War College, International Law Documents, 1917, p. 145. PARAGRAPH 1. The enemy's cargoes found on Russian vessels, as well as on vessels belonging to the allies or overtaken during time of war in Russian ports or on coasts or when entering a port during war are subject to confiscation by nearest prize court. PAR. 2. In fulfilling the duties mentioned in paragraph 1, the cargoes have a corresponding application according to the naval prize rules. PAR. 3. The confiscated cargoes according to paragraph 1 are at disposition of the Government. The value of confiscated cargoes found transported under a flag of one of the allies, with the exception of the necessary expenses, according to instructions of the minister of foreign affairs and arrangements with competent ministers, may be turned over to the allied power, according to the agreement or understanding between the allies. PAR. 4. When fulfilling the rules mentioned in paragraphs 1-3, it must be ascertained first of all when war was declared against the power to which the confiscated cargoes belong. The governing senate will give instructions for the fulfillment of this order. With the Imperial Signature, NICOLAS. 10-23 August, 1915, Tzarskoe Selo. Imperial Order, 237, Supplement to Article 57 of Declaration of London of 1909, relating to enemy character of vessels, February 17/ March 1, 1916.1 To the Governing Senate: In accordance with the agreement with the allied French and British Governments and in modification of the imperial ukase, to the Governing Senate on September 14, 1914 (Code of Statutes, st. 2352), concerning rules of war on sea, as worked out by the London naval conference, 1908-9, we order: To supplement the first part of statute 57 of above mentioned rules with following mentioned regulations: If due to general combination of circumstances it appears that in a vessel sailing under the enemy's flag are actually interested subjects of neutral or allied powers, or that, on other hand, if in a vessel sailing under neutral or allied flag there are actually interested subjects of an enemy power or persons living in an enemy State, then such a vessel may in consequence be considered as neutral, allied, or enemy. The Governing Senate will not fail to make suitable dispositions for fulfillment. Original signed. IMPERIAL HEADQUARTERS, 17th February, 1916. NICOLAI BORIS STUERMER. For similar British and French regulations, Oct. 20, 1915, Naval War College, International Law Documents, 1915, p. 112. Declaration in regard to seizure and confiscation of neutral vessels, abolishing decrees applying Declaration of London, November 8/21, 1916.1 To the Governing Senate: In accordance with agreement with the allied French and British Governments, we consider it necessary to abolish the rules of war on sea, as worked out by the London naval conference, 1908-9, which with some modifications and supplements were put into force as a temporary measure by imperial ukaz of September 14, 1914 2 (Collection of Statutes, art. 2352), and also to abolish the modifications and supplements, made by imperial ukazes on December 21, 1914,3 and February 17, 1916 (Collection of Statutes, art. 3310 and art. 237). Approving the decision of council of ministers concerning this matter we order: In modification of the above mentioned ukazes to apply during the present war all other orders and regulations concerning the war on seawhich are effective at the present time, together with generally acknowledged principles of international right-with the following changes and supplements: PARAGRAPH 1. Merchant vessels of neutral nationality which transport war contraband, are confiscated, in case the latter either by value, weight, or volume or freight, amounts to more than a half of the whole cargo. PAR. 2. Merchant vessels of neutral nationality may, according to circumstances, be not only detained but also confiscated, in the case of the following forbidden actions: Transportation of enemy armed forces, enemy news and correspondence; When on a voyage especially intended for transportation of individuals who form part of the enemy armed forces, or to carry news in the interests of the enemy power; Cruising under command or control of an agent who has been placed on board by the enemy Government, and also if the latter has wholly chartered the neutral vessel. PAR. 3. Any one forming part of the armed forces of the enemy and found on a neutral vessel (merchant) may be taken war prisoner, even if there is no reason for seizing the vessel. PAR. 4. If under the general circumstances of the case it appears that in a vessel sailing under the enemy's flag are actually interested subjects of neutral or allied powers, or that, on the other hand, in a vessel sailing under neutral or allied flag there are actually interested subjects of an enemy power or persons living in an enemy State-then 1 For British and French orders, of July 7, 1916, see United States, Diplomatic Correspondence, European War, No. 4, pp. 69, 72. such a vessel may in consequence be considered as neutral, allied, or enemy. The Governing Senate will not fail to make suitable dispositions for fulfillment. Original signed. IMPERIAL HEADQUARTERS, 8/21 November, 1916. NICOLAI. MINE FIELDS AND NAVIGATION REGULATIONS. Regulations for navigation in Gulf of Finland, August 11, 1914. On July 31, 1914, the Gulf of Finland was closed to navigation. Since then the following orders have been issued. Circular of the Principal Hydrographic Board of August 11, 1914, No. 420, Supplement to Nos. 410 and 417 of 1914. TEMPORARY RULES CONCERNING NAVIGATION OF MERCHANT SHIPS IN THE GULF OF FINLAND, APPROVED BY THE COMMANDER IN CHIEF OF BALTIC FLEET. (1) The Finnish Gulf is closed for exterior commerce during the period of war operations. (2) All sea marks removed and lights extinguished westward of the meridian of lighthouse Kokskaer. (3) In the Finnish Gulf all late ships, not informed of the beginning of the war or going on their own venture with cargoes will be embargoed by war vessels by day and by night and forwarded to places according to instructions received by them. (4) Navigators are warned that ships which may enter the gulf unperceived, risk destruction on the mines, or of being fired on in thick weather. (5) Until modification only the fairway from Raumo is reserved for communication between Finland and Sweden. (6) Ships detained on declaration of war must obtain permission to leave port from the commander of the fleet and must follow the route indicated by him. (7) Eastward of the line between Colcovik Gulf and Soederskaer lighthouse navigation between the ports of the eastern part of Finnish Gulf is permitted. (8) The ships may enter Cronstadt, Viborg, and in case of special permission Reval and Helsingfors only in clear weather. (9) In case that any vessels have obtained permission to leave the eastern part of Finnish Gulf, they must enter the bay Paponvik and then take the route indicated by the guard ship under charge of a designated pilot. (10) It is absolutely prohibited to navigate amongst the low rocky islands near Utelight, from Baresund to the entrance near Utelight |