International Law. A Treatise Volume Ii Part 119

(4) take away, abridge, or control, further or otherwise than as expressly provided by this Act, any right, power, or prerogative of His Majesty the King in right of His Crown, or in right of His office of Admiralty, or any right or power of the Admiralty; or

(5) take away, abridge, or control, further or otherwise than as expressly provided by this Act, the jurisdiction or authority of a prize court to take cognizance of and judicially proceed upon any capture, seizure, prize, or reprisal of any ship or goods, and to hear and determine the same, and, according to the course of Admiralty and the law of nations, to adjudge and condemn any ship or goods, or any other jurisdiction or authority of or exerciseable by a prize court.

[Sidenote: Power to make Orders in Council. [27 & 28 Vict. c. 25, ss.

53, 54.]]

46.--(1) His Majesty in Council may from time to time make such Orders in Council as seem meet for the better execution of this Act.

(2) Every Order in Council under this Act and all rules made in pursuance of this Act shall be notified in the _London Gazette_, and shall be laid before both Houses of Parliament within thirty days after the making thereof, if Parliament is then sitting, and, if not, then within thirty days after the next meeting of Parliament, and shall have effect as if enacted in this Act.

[Sidenote: Definitions. 27 & 28 Vict. c. 25, s. 2.]

47. In this Act unless the context otherwise requires--

The expression "the High Court" means the High Court of Justice in England:

The expression "any of His Majesty's ships of war" includes any of His Majesty's vessels of war, and any hired armed ship or vessel in His Majesty's service:

The expression "officers and crew" includes flag officers, commanders, and other officers, engineers, seamen, marines, soldiers, and others on board any of His Majesty's ships of war:

The expression "ship" includes vessel and boat, with the tackle, furniture, and apparel of the ship, vessel, or boat:

The expression "ship papers" includes all books, papers, and other doc.u.ments and writings delivered up or found on board a captured ship, and, where certified copies only of any papers are delivered to the captors, includes such copies:

The expression "goods" includes all such things as are by the course of Admiralty and law of nations the subject of adjudication as prize (other than ships):

The expression "Customs authority" means the Commissioners or other authority having control of the administration of the law relating to customs.

[Sidenote: Short t.i.tle and repeal.]

48.--(1) This Act may be cited as the Naval Prize Act, 1911.

(2) The enactments mentioned in the second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

APPENDIX XIII

GENEVA CONVENTION ACT, 1911 1 & 2 GEO. 5, CHAPTER 20 An Act to make such amendments in the Law as are necessary to enable certain reserved provisions of the Second Geneva Convention to be carried into effect.

[_18th August 1911._]

Whereas His Majesty has ratified, with certain reservations, the Convention for the amelioration of the condition of the wounded and sick of armies in the field, drawn up in Geneva in the year one thousand nine hundred and six, and it is desirable, in order that those reservations may be withdrawn, that such amendments should be made in the law as are in this Act contained:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament a.s.sembled, and by the authority of the same, as follows:--

[Sidenote: Prohibition of use of emblem of red cross on white ground, &c.]

1.--(1) As from the commencement of this Act it shall not be lawful for any person to use for the purposes of his trade or business, or for any other purpose whatsoever, without the authority of the Army Council, the heraldic emblem of the red cross on a white ground formed by reversing the Federal colours of Switzerland, or the words "Red Cross" or "Geneva Cross," and, if any person acts in contravention of this provision, he shall be guilty of an offence against this Act, and shall be liable on summary conviction to a fine not exceeding ten pounds, and to forfeit any goods upon or in connection with which the emblem or words were used.

(2) Where a company or society is guilty of any such contravention, without prejudice to the liability of the company or society, every director, manager, secretary, and other officer of the company or society who is knowingly a party to the contravention shall be guilty of an offence against this Act and liable to the like penalty.

(3) Nothing in this section shall affect the right (if any) of the proprietor of a trade mark registered before the pa.s.sing of this Act, and containing any such emblem or words, to continue to use such trade mark for a period of four years from the pa.s.sing of this Act, and, if the period of the registration or of the renewal of registration of any such trade mark expires during those four years, the registration thereof may be renewed until the expiration of those four years, but without payment of any fee.

(4) Proceedings under this Act shall not in England or Ireland be inst.i.tuted without the consent of the Attorney-General.

(5) This Act shall extend to His Majesty's possessions outside the United Kingdom, subject to such necessary adaptations as may be made by Order in Council.

[Sidenote: Short t.i.tle.]

2. This Act may be cited as the Geneva Convention Act, 1911.

THE END