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8
Appendix I.
DRAFT ORDER-IN-COUNCIL FOR THE GRANTING OF
DAYS OF GRACE." (C.I.D. Paper M-19.)
16
HIS Majesty being compelled to declare war against
"
and being mindful of the recognition accorded to the practice of granting "days of grace to enemy merchant ships by the Convention relative to the Status of Enemy Merchant Ships at the Outbreak of Hostilities, signed at The Hague on the 18th October, 1907, and being desirous of lessening, so far as may be practicable, the injury caused by war to peaceful and unsuspecting commerce, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:-
1. From and after the publication of this Order no enemy merchant ship shall be allowed to depart from any port to which this Order applies except in accordance with the provisions of this Order.
2. This Order applies to all the ports in His Majesty's Dominions, other than ports in the Dominion of Canada, the Colony of Newfoundland, the Commonwealth of Australia, the Dominion of New Zealand, or the Union of South Africa, and to all ports in any Native State in India, and in any of His Majesty's Protectorates, and in the Federated Malay States.
3. In the event of information reaching one of Our Principal Secretaries of State not later than miduight on
day the
day of
* that the treatment accorded to British merchant ships and their cargoes which at the date of the outbreak of hostilities were in the ports of the enemy or which subsequently entered them is, in his opinion, not less favourable than the treatment accorded to enemy merchant ships by Articles 4 to 8 of this Order, he shall notify the Lords Commissioners of the Treasury and the Lords Commissioners of the Admiralty accordingly, and the Lords Commis- sioners of the Treasury shall forthwith give public notice thereof in the Gazette," and Articles 4 to 9 of this Order shall thereupon come into full force and effect.
4. Subject to the provisions of this Order, enemy merchant ships which
(i.) At the date of the outbreak of hostilities were in any port to which this Order
applies; or
(ii) cleared from their last port before the declaration of war, and, after the outbreak of hostilities, enter a port to which this Order applies, with no knowledge of the war :
shall be allowed up till (midnight, Greenwich mean time), on
day the
of
† for loading or unloading their cargoes, and for departing from such port: Provided that such vessels shall not be allowed to ship any contraband of war, and any contraband of war already shipped on such vessels must be discharged.
5. Enemy merchant ships which cleared from their last port before the declaration of war, and which with no knowledge of the war arrive at a port to which this Order applies after the expiry of the time allowed by Article 4 for loading or unloading cargo and for departing, and are permitted to enter, may be required to depart either immediately, or within such time as may be considered necessary by the Customs Officer of the port for the unloading of such cargo as they may be required or specially permitted to discharge.
Provided that such vessels may, as a condition of being allowed to discharge cargo, be required to proceed to any other specified British port, and shall there be
The date is to be so lixad as to allow three clear days, from the time of issue of the Order-in-Council. for the receipt of such information.
↑ This date is to be so fixed as to allow ten clear " days of grace" from the time of issue of the Order- in-Council.
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