ALLIED MILITARY GOVERNMENT VENEZIA GIULIA ☆ L THE ALLIED MILITARY GOVERNMENT GAZETTE VOLUME I I No. 22 - 21 July 1947 Published by the Allied Military Government under the Authority of the Supreme Allied Commander, Mediterranean Theatre of Operations, and Military Governor. Ediloriale Libraria, S. A. Trieste - 1947 Allied Military Government VENEZIA GIULIA General Order No. 110 (83 A) EXTRAORDINARY PROFITS FROM SPECULATION WHEREAS it is deemed necessary to amend General Order Nol; S3 in‘those parts of Ve-neijia Gilulia admlhiistered by the Allied Forces (hereinhafter referred to as the « Territory »), NOW, THEREFORE, 7j JAMES J. CARNES, Colonel, Infantry, Senior Civil Affairs Officer, ORDER : ARTICLE I Part II, Section I (Articles 16 and 17) of General Order No. 83 are hereby cancelled and substituted by the following: «PART II SECTION I PROFITS LIABLE TO EXPROPRIATION ARTICLE 16 1. — The undermentioned extraordinary profits from speculation made on or after 1 JANUARY 1939 are hereby expropriated to the State: a) profits derived from activities contrary to the regulations governing compulsory amassing or blocking of certain goods and foodstuffs, or the blocking of prices; b) profits derived from revaluation, as a result of an authorized increase of prices, of goods subject to price limitation or control which were held in store by importers, wholesalers, retailers or assignees. The same rule shall also apply to producers holding quantities in excess of those required for the normal course of production. c) profits resulting from the sale on the free market of any goods, products and materials owned by the State or under State control (even if derived from requisition or collection), which were released at a blocked price and not utilized for the supplies or purposes for which they had teen destined, as well as profits derived from the sale on the free market of any goods, products and materials allocated by the «Commissario alia produ-zione bellica» (war production Commissioner) ; d) profits derived from the free sale of goods subject to price control if the profits result from the cessation of such control. The profits will however be limited to the quantities held at the time of the cessation of price control. A.M.G. Casette - Voi. Il, No. 22 - 21 July 1947 747 2. — Extraordinary profits not covered by the foregging para, which take advantage of the needs and hardships caused by war and other events connected therewith or are the result of speculative business undertakings arising out of the foresaid events, are also expropriated to the State. 3. — The extraordinary profits from speculation as set forth in this Article may also be assessed by presumption «in via induttiva», having regard to the taxpayer s standard of living and patrimony, the origin or increase of which is not due to gifts or donations or is greater than his saving capacity from assessed income. 4. — A deduction of 20% shall be allowed in the final assessment of such extraordinary profits. 5. — The rules concerning the war profit tax shall also apply to the assessment and collection of the extraordinary profits from speculation. ARTICLE 17 If in a final assessment of War Profit Tax made against the taxpayer there has been included therein part of the speculation profits then such part of the speculation profits shall be deducted by the Tax Office. ARTICLE 17 (a) The provisions of Art. 16 hereof shall also apply to those extraordinary profits made on or after 1 JANUARY 1945 as a result of the importation of commodities from abroad taking advantage of the differences between inland and foreign market prices or between official and free market currency rates?. ARTICLE II This Order shall become effective within the Territory on the date of its publication in the Allied Military Government Gazette. Dated at TRIESTE, this 9th day of July 1947. JAMES. J. CARNES Colonel, Infantry Senior Civil Affairs Officer General Order No. 112 (100A) TEMPORARY PROVISIONS CONCERNING CASES OF IMMEDIATE TRIAL WHEREAS it is considered advisable and necessary to make provisions governing a prcnnpt trial of crimes of defamation committed through the press and favouring a more frequent adoption of the immediate trial directive («giudizio direttissimo») in cases against im• prisoned accused, zvithin the competence of the Pretord, withini that part of Venezia Giulia administered by the Allied Fordes (hereinafter referred to as the « Territory »J; NOW\, THEREFORE, I} JAMES J. CARNESt Colonel, Infantry} Senior Civil Affairs Officer, hereby A.M.G. Gazette - Vol. II, No. .22 - 21 July 1947 '................. v 748 ORDER: ARTICLE I PROCEEDINGS FOR CRIMES OF DEFAMATION COMMITTED THROUGH THE PRESS SECTION 1. — Proceedings for crimes of defamation committed by the means of the press, within the Territory shall be carried out by immediate trial, even in case the conditions provided by Article 502 of the existing Code of Penal Procedure do not occur. SECTION 2. — The above mentioned proceeding shall in every case be within the competence of the Tribunal and shall not be transferred to the Pretore as provided for by Article II, Section 1, paras 2 and 3 of General Order No. 30 B dated 1 June 1946. SECTION 3. — The time-limit for the hearing provided f'or by Art. 502 of the Code of penal proceedings shall be extended up to the fifteenth day from the date when the dispute had been submitted. ARTICLE II IMMEDIATE TRIAL IN PROCEEDINGS WITHIN THE COMPETENCE OF THE PRETORE SECTION 1. — The provisions on immediate trial contained in Articles VII and VIII of General Order No. 100 dated April 26, 19-17 shall apply within the Territory, where applicable, also to proceedings within the competence of the Pretore. % SECTION 2. — In case the immediate trial is substituted by the ordinary proceeding, there shall be no change in the provision of Article 272, 3rd para, of the existing Code of Penal Procedure with regard to the time limit for the completion of the summary inquiry. The time shall in no case exceed 30 days from the date of the arrest of the accused, except in cases where serious reasons for delay or reasons that cannot be disregarded without prejudice to the accused occur; in -which cases immediate notice thereof shall be given to the Chief Legal Officer of the Allied Military Government. ARTICLE III EFFECTIVE DATE This Order shall take effect on the date it is signed by me. Dated at TRIESTE, this 16th day of July 1947. JAMES J. CARNES Colonel, Infantry, Senior Civil Affairs Officer A.M.G. Gazette - Vol. 11, No. 22 - 21 July 1947 749 Order No. 394 (225 A) PROVISIONS RELATING TO REQUISITIONING OP VEHICLES WHEREAS it is considered desirable and necessary to amend Order No. 225 dated 7th January 1947, in regard to the payments in respect of motor-vehicles requisitioned by the Alllied Authorities; NOW, THEREFORE, /, JAMES J. CARNES, Colonel, Infantry, Senior Civil Affairs Officer, ORDER: ARTICLE I AMENDMENT TO ARTICLE II OF ORDER No. 225 Article II of Order No. 225 is hereby amended by adding the following: «Section 4. — All vehicles, in respect of which the Commission is satisfied that, during their use by the Allied Forces, they have been lost in action, have been destroyed or for any other reason cannot be returned to their owners, shall likewise be . considered to have teen requisitioned with full ownership». ARTICLE II EFFECTIVE DATE This Order shall take effect on the date it is signed by me. Dated at TRIESTE, this 9th day of July 1947. JAMES J. CARNES Colonel, Infantry Senior Civil Affairs Officer Order No. 403 LEGAL RECOGNITION OF „ENTE ASSISTENZA LAVORATORI“ (E.N.A.L.) WHEREAS by Order No. 12, Art. II, issued by the Allied Military Government on 6 September 1945, the property of the various „Dopolavoro“ institutions formerly functioning within that part of Venezia Giulia administered by the Allied Forces (hereinafter called the „Territory“j have been entrusted to the Intendente di Finanza for conservation, and WHEREAS by Area Administrative Orders (a) No. 11 dated 20 March 1946 by the Trieste Area Commissioner, (b) No. 70, dated 16 October 1946 by the Pola Area Commissioner, and (c) No. 124 dated 13 January 1947 by the Gorizia Area Commissioner, Commissioners have been appointed for the „Enti Assislenza Lavoratori“ of Trieste, Pola and Gorizia,'which Enti have DE FACTO succeeded to the provincial „Dopolavoro“ • and 750 A.M.G. Gazette - Vol. II, No. 22 - 21 July ¡947 WHEREAS it has been considered advisable to legally recognize, within the whole Territory, the new „Ente Assistenza Lavoratori“, in order that it may officially and autonomously pursue its scope of bettering the recreative and cultural life of workers after working hours, NOW, THEREFORE, I, JAMES J. CARNES, Colonel, Infantry, Senior Civil Affairs Officer, ORDER: LEGAL RECOGNITION The „Ente Assistenza Lavoratori“ (E.N.A.L.) as the DE EAGTO successor to the „Dopolavoro“ formerly operating and existing within the Territory is hereby legally recognized as the successor to the Dopolavoro. The said „Ente Assistenza Lavoratori“ is a non-political institution the purpose of which is to improve and provide for recreation cultural education and the social life of the workers. ARTICLE II TURNING OVER OF PROPERTY NOW IN CUSTODY OF THE „INTENDENTI DI FINANZA“ The property formerly belonging to the „Dopolavoro“ functioning within the Territory and given in custody to the „Intendenti di Finanza“ in accordance with Article II of Order No. 12, shall be handed over by the said „Intendenti“ to the legal representative of Ente Assistenza Lavoratori (E.N.A.L.) within sixty days from the effective date of this Order. ARTICLE III PROVISIONAL ORGANS The Ente Assistenza Lavosatori (E.N.A.L.) shall be under the provisional management and administration of a directing council to be nominated by the Trieste Aiea President upon the advice of the Area Council and approval of the Allied Military Government provided that the provisional Directing Council will be presided over by the Commissioner previously appointed by Trieste Area Administrative Order No. 11. The Commissioners for Gorizia and Pola appointed by Allied Military Government shall continue in office pending further instructions and shall meanwhile take their instructions from the Provisional Directing Council. The President of the Provisional Directing Council shall be the legal representative for the Ente Assistenza Lavoratori (E.N.A.L.). ARTICLE IV STATUTE The provisional Directing Council appointed according to the provisions of the preceding Article shall, within two months from the date of its appointment, prepare and submit a proposed statute of the Ente Assistenza Lavoratori (E.N.A.L.) to the Allied Military Government Education Division, for approval. A.M.G. Gazette - Vol. II, No. 22 - 21 July 1947 751 ARTICLE Y GOVERNING LAW AND SUPERVISION In so far as not inconsistent with this Order and other Orders issued by Allied Military Government, the functioning of E.N.A.L. shall meantime be governed by R.D.L. 1 May 1925, No. 582 and subsequent provisions relating thereto. The functioning of E.N.A.L. shall be subject to supervision by Allied Military Government, Education Division. ARTICLE VI EFFECTIVE DATE This Order shall take effect on the date of its publication in the Allied Military Government Gazette. Dated at TRIESTE, this 17th day of July 1947. JAMES J. CARNES Colonel, Inf. Senior Civil Affairs Officer Order No. 410 (392 A) COMMISSION TO DECIDE ON APPEALS FOR EXTRAORDINARY UNEMPLOYMENT ALLOWANCE WHEREAS it has been deemed advisable and necessary to set up a Commission to decide’ on appeals for the granting of the Extraordinary Unemployment Allowance provided for by Order No. 392 (103 c) d'ated 31\May 1947, in that part of Venezia Giulia administered by the Allied Forces (hereinhafter referred to as « the Territory '»), and'to amend the said{ Orderi NOW, THEREFORE, 7; JAMES J. CARNES, Colonel, Infantry, Senior Civil Affairs Officer, ORDER: ARTICLE I APPOINTMENT AND COMPOSITION OF COMMISSION A Commission with jurisdiction to decide on appeals relating to the Extraordinary Unemployment Allowance referred to in Art. Ill of Order No. 392 (103 c) dated 31 May 1947 shall be, ans is hereby established. Such Commission shall be appointed by Administrative 1 'rder of the Allied Military Government, and shall be composed of the following members: (a) One representative of the Territorial Labour Office, who shall act as Chairman; (b) one representative of the workers, to be nominated by the workers’ organizations of the Territory; ic) the Inspector for the Territory of Istituto Nazionale della Erevidenza Sociale. 752 A.M.G. Gazette - Vol. II, No. 22 - 21 July 1947 ARTICLE II AMENDMENT TO ORDER No. 392 (103 c) The following paragraph shall be added to Article IV of Order No. 392 (103 c) dated 31 May 1947: «g) those who by the 31st May 1947 had not applied for inscription in the rolls (turni di collocamento) of the Labour Office, although being in a state of unemployment for more than two months, on 31 May 1947». ARTICLE III EFFECTIYE DATE OF ORDER This Order shall become effective on the date it is signed by me. Dated at Trieste, this- 11th day of July 1947. JAMES J. CARNES Colonel, Infantry Senior Civil Affairs Officer Order No. 411 PERMISSION FOR THE ACCEPTANCE OF TWO GIFTS OF PROPERTIES MADE TO THE CHIESA PARROCCHIALE DI S. ROCCO IN YILLESSE WHEREAS the Parish of S. Rocco inViilesse has presented a petition asking for permission to- accept two gifts of properties made to the said Church, the first by Mrs. Maria GASPERINI of ¡the Idle Giuseppe and, th'e second by Mrs. Maria As sunt a MARCUZZI di Giuseppe; and WHEREAS the said petition has been duly approved tn writing, by the President of the Area of Goriziu; and 1 WHEREAS there is no objection to the granting of such petition; NOW, THEREFORE, / JAMES J. CARNES, Colonel, Infantry, Senior Civil Affairs Officer, ORDER: 1. — That the Parish Church of S. Rocco in Villesse be and is hereby authorized to accept the two gifts of properties, the first made t.p the said church by Mrs. Maria GASPERINI as described in the deed of gift dated 4th. March 1946 n. rep. 15437 prepared by the notary Carlo MOSETTI and recorded in the Commune of Gradisca on the 16lh March 1946, and the second made to the said Church by Mrs. Maria Assunta MARCUZZI di Giuseppe as described in the deed of gift dated 4th March 1946, No. rep. 15438, prepared by the notary Carlo MOSETTI and recorded in the Commune of Gradisca on the 16th March 1946, in accordance with the provisions contained in the above mentioned deeds of gift and without prejudice to the rights of third persons. 2. — This Order shall take effect on the date that it is- signed by me. Dated at Trieste, this 11 day of July 1947. JAMES J. CARNES Colonel, Infantry Senior Civil Affairs Officer A.M.G. Gazette - Vol. II, No. 22 - 21 July 1947 753 Order No. 412 (179 A) TEMPORARY ECONOMIC PROVISIONS IN FAVOUR OF BAILIFFS («UFFICIALI GIUDIZIARI») AND OF THEIR AUTHORIZED CLERKS («COMMESSI») WHEREAS it is considered advisable and necessary to make certain temporary economic provisions in favour of bailiffs («uffidali g ktdiztari») and of their authorised clerks (