Слике страница
PDF
ePub

MILITARY SERVICE

Exchange of notes at Washington March 30, May 25, July 3, and

September 30, 1942

Entered into force May 27, 1942

Terminated March 31, 1947

[For text, see EAS 308, ante, vol. 8, p. 1209, INDIA.]

JURISDICTION OVER PRIZES

Exchange of notes at London October 1 and November 3, 1942 Reciprocity proclaimed by the President of the United States January 30, 1943 1

Entered into force January 30, 1943

Expired at conclusion of World War II

58 Stat. 1207; Executive Agreement Series 393

The American Embassy to the British Foreign Office

MY DEAR WARD,

EMBASSY OF THE

UNITED STATES OF AMERICA

London, October 1, 1942

With reference to your letter of March 18, 1942 (No. W 2555/247/49), to Shantz concerning the proposed legislation to enlarge the jurisdiction of the United States Courts in certain cases of prize, I wish to inform you that Public Law 704-77th Congress, enacted to facilitate the disposition of prizes captured by the United States during the present war, and for other purposes, was approved on August 18, 1942. A copy of the Act is enclosed.2 This Act, it will be noted, relates only to prizes captured during the present

war.

The special prize commissioners which the district courts of the United States are authorized to appoint may exercise abroad the duties which are prescribed by Law for such commissioners and such additional duties as the district courts may confer on them for carrying out the purposes of the Act. The duties of prize commissioners are set out in Title 34 U.S.C. Section 1138 which reads as follows:

"§ 1138. Duties of prize commissioners. The prize commissioners, or one of them, shall receive from the prize master the documents and papers, and inventory thereof, and shall take the affidavit of the prize master required by section 1134 of this title, and shall forthwith take the testimony of the witnesses sent in, separate from each other, on interrogatories prescribed by the court, in the manner usual in prize courts; and the witnesses shall not be permitted to see the interrogatories, documents, or papers, or to consult

157 Stat. 729.

2 See 56 Stat. 746.

with counsel, or with any persons interested without special authority from the court; and witnesses who have the rights of neutrals shall be discharged as soon as practicable. The prize commissioners shall also take depositions de bene esse of the prize crew and others, at the request of the district attorney, on interrogatories prescribed by the court. They shall also, as soon as any prize property comes within the district for adjudication, examine the same, and make an inventory thereof, founded on an actual examination, and report to the court whether any part of it is in a condition requiring immediate sale for the interests of all parties, and notify the district attorney thereof; and if it be necessary to the examination or making of the inventory that the cargo be unladen, they shall apply to the court for an order to the marshal to unlade the same, and shall, from time to time, report to the court anything relating to the condition of the property, or its custody or disposal, which may require any action by the court, but the custody of the property shall be in the marshal only. They shall also seasonably return into court, sealed and secured from inspection, the documents and papers which shall come to their hands, duly scheduled and numbered, and the other preparatory evidence, and the evidence taken de bene esse, and their own inventory of the prize property; and if the captured vessel, or any of its cargo or stores, are such as in their judgment may be useful to the United States in war, they shall report the same to the Secretary of the Navy."

Upon the receipt from your Government of the consent required by Section 3 of the Act, the Government of the United States will take appropriate measures in accordance with Section 7 of the Act to confer reciprocal privileges with respect to prizes upon your Government.

Yours sincerely,

Enclosure-cited.

J. G. WARD, Esquire,

Foreign Office, London.

W. J. GALLMAN

The Secretary of State for Foreign Affairs to the American Ambassador

FOREIGN OFFICE, S.W. 1.

No. W 13225/279/49.

YOUR EXCELLENCY,

3rd November, 1942

At the request of the United States Government, consideration has been given by His Majesty's Government in the United Kingdom to the position in regard to prizes taken by United States naval forces in foreign waters far removed from a United States port and taken into a British port.

2. I have the honour to inform you that His Majesty's Government in the United Kingdom have taken note that Section 1 of Public Law 704-77th

308-581-74————41

Congress, which relates only to prizes captured during the present war provides

that:

"the district courts shall have original jurisdiction of all prizes captured during the present war on the high seas if said capture was made by authority of the United States or was adopted and ratified by the President of the United States and the prize was brought into the territorial waters of a cobelligerent or was taken or appropriated for the use of the United States on the high seas or in such territorial waters, including jurisdiction of all proceedings for the condemnation of such propery taken as prize".

3. His Majesty's Government in the United Kingdom have also taken note that Section 3 of the same Law provides that:

"the jurisdiction of prizes brought into the territorial waters of a cobelligerent shall not be exercised under authority of this Act, nor shall prizes be taken or appropriated within such territorial waters for the use of the United States, unless the government having jurisdiction over such territorial waters consents to the exercise of such jurisdiction or to such taking or appropriation.'

4. I should be grateful if Your Excellency would be so kind as to acquaint your government that His Majesty's Government in the United Kingdom hereby give the consent referred to in Section 3 above quoted in respect of the United Kingdom and Sierra Leone.

5. His Majesty's Government in the United Kingdom have been glad to observe that the government of the United States is ready to take appropriate measures, in accordance with Section 7 of the Act, to confer upon them reciprocal facilities with respect to prizes.

I have the honour to be, with the highest consideration,
Your Excellency's obedient Servant,

His Excellency

The Honourable

JOHN GILBERT WINANT,

etc., etc., etc.,

1 Grosvenor Square,

W. 1.

(For the Secretary of State)

C. E. STEEL

CLAIMS: MARINE TRANSPORTATION

AND LITIGATION

(KNOCK-FOR-KNOCK AGREEMENT)

Agreement and exchange of notes signed at London December 4, 1942
Entered into force December 4, 1942

Modified by agreements of March 25 and May 7, 1946,1 and June 17
and 27, 1947 2

56 Stat. 1780; Executive Agreement Series 282

AGREEMENT

The Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland being desirous of defining, in so far as certain problems of marine transportation and litigation are concerned, the manner in which shall be provided mutual aid in the conduct of the war including the aid contemplated by the Agreements concluded between them at Washington on the 23rd February, 1942,3 and the 3rd September, 1942,* have agreed as follows:

ARTICLE 1

(1) Each contracting Government agrees to waive all claims arising out of or in connection with negligent navigation or general average in respect of any cargo or freight owned by such Government and in respect of any vessel (including naval vessel) owned by such Government against the other contracting Government or any cargo, freight or vessel (including naval vessel) owned by such other Government or against any servant or agent of such other Government or in any case where such other Government represents that such claim if made would ultimately be borne by such other Government.

(2) Each contracting Government agrees on behalf of itself and of any organisation which is owned or controlled by it and operating for its account or on its behalf to waive all claims for salvage services against the other con

1 TIAS 1558, post, p. 792.

"TIAS 1636, post, p. 818. EAS 241, ante, p. 603. EAS 270, ante, p. 617.

« ПретходнаНастави »