✨ Maritime Rules and Mining Bonus
JULY 7.] THE NEW ZEALAND GAZETTE. 1111
The circumstance that the papers are written in a language unknown to the officer making the visit does not authorise the detention of the vessel.
- Merchant-vessels sailing under convoy, under charge of one or more ships of the navy of their nation, are absolutely exempt from the visit of the belligerents, being protected by the immunity enjoyed by the warships.
As the formation of a convoy is a measure emanating from the Government of the State to which belong the vessels protecting the convoy as well as the vessels under convoy, it must be taken as certain that the Government in question not only will not allow fraud of any kind, but has employed the strictest measures to avoid fraud being committed by any of the vessels under the convoy.
It is therefore useless for the belligerent to inquire of the chief officer of the convoy whether he guarantees the neutrality of the ships sailing under his charge, or of the cargo they carry.
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On the visit taking place, it is not permissible to give orders to open the hatchways in order to examine the cargo, nor to open any article of furniture to search for documents. The ship’s papers presented by the captain to prove the legitimacy of the flag and the nature of the cargo are the only proof which international law allows.
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Although it very seldom occurs that the principal ship’s papers, whether those referring to her nationality or to the nature of her cargo, are lost, mislaid, or left on shore by mistake, if such a case should occur, and by other papers or means the captain can convince the officer visiting the ship of the neutrality of the ship and her cargo, he may authorise the captain to continue his voyage; but if an explanation cannot be given the ship will be detained and conducted to the nearest Spanish port until the necessary investigation concerning the point or points in question is made.
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The commander of the vessel carrying out the visit and the officer commissioned to make the visit, the former in ordering and the latter in carrying it out, should act without prejudice to the good faith of the neutral being visited, and without losing sight of the consideration and respect that nations owe to one another.
Note relative to the First Section of Article 10.—The clauses of the Geneva Convention of the 22nd August, 1864, and those of its additional articles drawn up at the second Diplomatic Conference of the 20th October, 1868, are as follows:—
Articles concerning the Marine.
Article VI. The boats which, at their own risk and peril, during and after an engagement, pick up the shipwrecked or wounded, or which, having picked them up, convey them on board a neutral or hospital ship, shall enjoy, until the accomplishment of their mission, the character of neutrality, as far as the circumstances of the engagement and the position of the ships engaged will permit.
The appreciation of these circumstances is intrusted to the humanity of all the combatants. The wrecked and wounded thus picked up and saved must not serve again during the continuance of the war.
Article VII. The religious, medical, and hospital staff of any captured vessel are declared neutral, and, on leaving the ship, may remove the articles and surgical instruments which are their private property.
Article VIII. The staff designated in the preceding article must continue to fulfil their functions in the captured ship, assisting in the removal of the wounded made by the victorious party; they will then be at liberty to return to their country in conformity with the second paragraph of the 1st Additional Article.*
The stipulations of the IInd Additional Article are applicable to the pay and allowance of the staff already mentioned.
Article IX. The military hospital-ships remain under martial law in all that concerns their stores; they become the property of the captor, but the latter must not divert them from their special appropriation during the continuance of the war.
Article X. Any merchantman, to whatever nation she may belong, charged exclusively with removal of sick and wounded, is protected by neutrality; but the mere fact, noted on the ship’s books, of the vessel having been visited by an enemy’s cruiser renders the sick and wounded incapable of serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the operation.
If the merchant-ship also carries a cargo her neutrality will still protect it, provided that such cargo is not of a nature to be confiscated by the belligerents.
This article states that the time of departure will be fixed by the commander of the boarding-party.
The belligerents retain the right to interdict neutralised vessels from all communication, and from any course which they may deem prejudicial to the secrecy of their operations. In urgent cases special conventions may be entered into between commanders-in-chief in order to neutralise temporarily and in a special manner the vessels intended for the removal of the sick and wounded.
Article XI. Wounded or sick sailors and soldiers, when embarked, to whatever nation they may belong, shall be protected and taken care of by their captors.
Their return to their own country is subject to the condition that they are bound not to bear arms again during the war.
Article XII. The distinctive flag to be used with the national flag, in order to indicate any vessel or boat which may claim the benefits of neutrality, is a white flag with a red cross. The belligerents may exercise in this respect any mode of verification which they may deem necessary.
Military hospital-ships shall be distinguished by being painted white outside, with green stripe.
Article XIII. The hospital-ships which are equipped at the expense of the aid societies recognised by the signatory Powers to the Geneva Convention, and which are furnished with a commission emanating from the sovereign, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control until their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered neutral, as well as the whole of their staff. They shall be recognised and protected by the belligerents.
They shall make themselves known by hoisting, together with their national flag, the white flag with a red cross. The distinctive mark of their staff, while performing their duties, shall be an armlet of the same colours. The outer painting of these hospital-ships shall be white, with red stripe.
These ships shall bear aid and assistance to the wounded and wrecked belligerents, without distinction of nationality. They must take care not to interfere in any way with the movements of the combatants. During and after the battle they must do their duty at their own risk and peril.
The belligerents shall have the right of controlling and visiting them; they will be at liberty to refuse their assistance, to order them to depart, and to detain them if the exigencies of the case require such a step.
The wounded and wrecked picked up by these ships cannot be reclaimed by either of the combatants, and they will be required not to serve during the continuance of the war.
Article XIV. In naval wars, any strong presumption that either belligerent takes advantage of the benefits of neutrality with any other view than the interest of the sick and wounded gives to the other belligerent, until proof to the contrary, the right of suspending the convention as regards such belligerent.
(Signed) The Minister of Marine,
Madrid, 24th April, 1898. SEGISMUNDO BERMEJO.
Bonus for the Production of Quicksilver.
Mines Office,
Wellington, 17th February, 1898.
NOTICE is hereby given that a bonus of fourpence (4d.) per pound will be paid on the production of the first one hundred thousand pounds weight (100,000lb.) of good marketable retorted quicksilver, free from all impurities, from any mine in New Zealand, on the following conditions, that is to say:—
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That at least one-third of the quantity is produced on or before the 31st March, 1900, and the remaining two-thirds on or before the 31st March, 1901.
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No bonus will be payable until the whole of the one hundred thousand pounds (100,000 lb.) of quicksilver has been produced as stipulated to the satisfaction of an officer to be appointed by the Minister of Mines, and on whose certificate alone the bonus will be paid.
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In the event of more than one person producing the required quantities of quicksilver before the dates named, inquiry will be made by the officer above referred to, when, if it is found that each applicant is equally entitled to a bonus, the amount will be divided in proportion to the quantities produced by each applicant, but in no case shall any bonus be paid until at least one hundred thousand pounds (100,000 lb.) of quicksilver has been produced in the aggregate.
A. J. CADMAN,
Minister of Mines.
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✨ LLM interpretation of page content
🛡️
Rules for Maritime Conduct During US-Spanish Hostilities
(continued from previous page)
🛡️ Defence & Military29 June 1898
Hostilities, United States, Spain, Maritime Law, Blockade, Contraband, Neutral Flags, Royal Decree
- Segismundo Bermejo, Minister of Marine
🌾 Bonus for Production of Quicksilver
🌾 Primary Industries & Resources17 February 1898
Quicksilver, Mining, Bonus, Production, Marketable, Impurities, Minister of Mines
- A. J. Cadman, Minister of Mines
NZ Gazette 1898, No 51