ALLIED MILITARY GOVERNMENT
BRITISH - UNITED STATES ZONE FREE TERRITORY OF TRIESTE
OFFICIAL GAZETTE
VOLUME II
No. 25 - 11 September 1949
Published by the A. M. G. F. T. T. under the Authority of the Commander British - United States Forces Free Territory of Trieste.
La Editoriale Libraria S. A., Trieste - 1949
f •■•r.'ì
ALLIED MILITARY GOVERNMENT
British - United States Zone-Free Territory of Trieste
Order No. 181
REGULATIONS FOR ENTRY INTO THE FREE TERRITORY OF TRIESTE
WHEREAS it is necessary to amend the provisions controlling the movement of civilians entering that part of the Free Territory of Trieste administered by the British-United States Forces (hereinafter referred to as the „Zone“),
NOW, THEREFORE, I, CLYDE D. EDDLEMAN, Brigadier General, U.S. Army, Director General, Civil Affairs,
ORDER:
ARTICLE I
CONDITIONS FOR ENTRY INTO THE ZONE
Section 1 — Subject to the right of the Allied Military Government to exclude or expel from the British-United States Zone, Free Territory of Trieste, at any time, anyone who may be unacceptable, any person may enter the Zone provided that he is in possession of :
(a)	A valid Italian passport, or in the case of Italian citizens entering the Zone directly from the Republic of Italy, a valid document of identification recognized as such under the laws of the Republic of Italy ; or
(b)	A valid Allied Forces Permit issued by the appropriate Allied Authority together with a valid passport ; or
(c)	A valid Entry Permit issued by Allied Military Government (Military Permit Office) together with a valid passport, or in lieu of such passport, in the case of Yugoslav nationals, a valid Identity Card issued by the Yugoslav Government ; or
(d)	A valid Identity Card issued and overstamped by the Yugoslav Military Government for that Zone of the Free Territory of Trieste administered by the Yugoslav Government ; or
(e)	A valid passport on which has been entered by a British or United States Consulate, a visa authorizing entry into the Zone ; or
(f)	A valid Seaman’s document of Identity together with documentary evidence that he is travelling in the course of his duty.
Section 2 — Any person, other than those specified in Section 1 hereof, who desires to re-enter the Zone will be permitted to do so provided that he is in possession of a valid Identity Card issued by Allied Military Government under the laws of the Zone.
DUAL PROPERTY OWERNS’ CROSSING PERMITS
Section 1 — Any owner or tenant of agricultural immovable property lying within ten kilometres from the border between the British-United States Zone and the Yugoslav Zone, who permanently lives on the other side of the border and within ten kilometres therefrom, may obtain for himself, his relatives and workmen, a dual property owners’ crossing permit. The possession of the said dual property owners’ crossing permit will entitle the said owner or tenant and their relatives and workmen to enter and to leave the British-United States Zone for the purpose of exercising their rights of ownership or tenancy. Movement, however, must take place between sunrise and sunset, and dual property owners and others as inscribed in said permits, who cross the border, must return the same day on which they cross the border
Section 2 — The provision set forth in Section 1 of this Article shall not be applicable to those owners who have acquired their rights to the property after 15 September 1947, except for such owners as have acquired the ownership or property rights by way of inheritance or by legal act of transfer to an heir of tho family who would have inherited such property or property rights on the owner’s death.
ARTICLE III TRANSIT
Section 1 •— Any person requiring to pass through the Zone while travelling by train, sea or air from one country to another shall be permitted to do so if in possession of a valid travel document, together with a visa or other authority to enter the country of destination.
Section 2 — Should persons in transit desire to leave the transportation or the station or port they must be in possession of the necessary documents as provided for in Article I hereof.
ARTICLE IV ISSUANCE OF PERMITS
The entry permits, Allied Forces permits, Dual Owners’ Crossing Permits and visas in lieu thereof will be issued in accordance with regulations to be issued from time to time by Allied Military Government (Military Permit Office).
ARTICLE V
PENALTIES
Any person who :
(1)	makes a false statement, knowing the same to be false, in relation to an application permit to enter the Zone or who furnishes false documents or writings in relation thereto ; or
(2)	who enters or re-enters the Zone and is not in possession of the documents required under this Order,
shall bè guilty of an offence and Shall, on conviction by an Allied Military Court, be liable to fine or imprisonment or. both as the Court shall determine.
REPEAL OF PREVIOUS ORDERS
Order No. 202, dated 1.7 March 1948 and Order No. 363 dated 19 October 1948 are hereby repealed.
ARTICLE VII EFFECTIVE DATE
This Order shall become effective on the date it is signed by me.
Dated at TRIESTE, this 31st day of August 1949.
CLYDE D. EDDLEMAN
Brigadier General, U.S. Army Ref. : LD¡A¡49I187	Director General, Civil Affairs
Order No. 182
BRINGING UP TO DATE OF THE LIST OF ASSESSORS OF THE COURT OF ASSIZE OF
TRIESTE
WHEREAS it is necessary to bring up to date the list of the Assessors oj the Court of Assize of Trieste ; and
UPON proposal of the First President of the Court of Appeal of Trieste, and UPON recommendation of the Director of Legal Affairs,
NOW, THEREFORE, I, CLYDE D. EDDLEMAN, Brigadier General, U.S. Army, Director General, Civil Affairs,
ORDER:
ARTICLE I
The following persons, appointed as Assessors of the Court of Assize of Trieste by Orders No. 55 dated 7 January 1946 and No. 404 dated 19 June 1947 are hereby cancelled from the list because they have died.
1)	Berteli Ercole	4) Lupi Carlo
2)	Devetag Dorino	5) Politeo Andrea
3)	Fiore Domenico	6) Pesante Annibale
ARTICLE II
The following persons, appointed as*Assessors of said Court by above mentioned Order No. 55 are hereby cancelled from the proper list because they have ceased to be residents of the British-United States Zone, Free Territory of Trieste.
1)	Alesani Attilio
2)	Candutti Edmondo
3)	De Vetta Guido
4)	Pregi Ruggero
5)	Fabioli Astolfo
6)	Franzot Marcellino
7)	Grossi Federico
8)	Vanke Francesco
9)	Janovitz Edoardo 10) Manzini Giovanni
11)	Mikluz Bruno
12)	Mulli Emilio
13)	Reinoldo Paolo
14)	Schiozzi Guido
15)	Steccherini Giorgio
16)	Sturni Edoardo
17)	Sussi Giusto
18)	Verbi Giovanni
19)	Zerrer Ferdinando
ARTCLE III
The following persons, appointed as Assessors of said Court by above mentioned Orders No. 55 and No. 404, and Order No. 143 of 30 June 1949, are at their request cancelled from the list for reasons of personal impediment :
1)	Avanzini Guido
2)	Bosutti Guido
3)	Dorigo Ernesto
4)	Giorgiacopulo Demetrio
5)	Lonciari Aldo
6)	Paulizza-Paulica Andrea
7)	Stuparich Gianni
8)	Zaccaria Francesco
9)	Zotti Giacomo
10)	Grassi Carlo
11)	Beimi Bartolomeo
12)	Brattina Michele
13)	Cozzi Silvio
14)	Lorenzetti Giuseppe
15)	De Grassi Giovanni
16)	De Visentini Edoardo
17)	Jurcotta Ercole
18)	Cosciani Guido
19)	Capietano Mario
20)	De veseo vi Guido
21)	Carnana Benvenuto
22)	Furlan Egone
23)	Jaschi Guido
24)	Maiizutto Alberto
25)	Merluzzi Diego
26)	Romano Luigi
27)	Tamaro Romolo
28)	- Luzzato-Fegitz Pierpaolo
29)	Luzzatti Giuseppe
ARTICLE IV
The following person, appointed as Assessor of said Court by above mentioned Order No. 404 is hereby cancelled from the list for having reached the limit of age (65 years) :
ZUCCOLIN Marcello
ARTICLE V
All other Assessors appointed by above mentioned Orders No. 55 and No. 404 shall remain in office, together with the Assessors appointed, by Order No. 143 of 30 June 1949.
ARTICLE VI
Tjiis Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 1st day of September 1949.
CLYDE D. EDDLEMAN
Brigadier General U.S. Army
Ref. : LD¡A/491193	Director General, Civil Affairs
Order No. 188
USE OF SLOVENE LANGUAGE
WHEREAS under the basic law presently existing in the British-United States Zone of the Free Territory of Trieste the Italian language is and continues to be the official language,
WHEREAS the majority of the population of the Communes of Duino-Aurisina, San Dor-ligo della Valle, Sgonico and Monrupino customarily use the Slovene language,
WHEREAS it is expedient to allow the Communal Councils of the said Communes to use. should they so desire, the Slovene language in addition to the official language in transacting the official business of the said Communes,
NOW, THEREFORE, I, CLYDE D EDDLEMAN, Brigadier General, U.S. Army. Director General, Civil Affairs,
ORDER:
ARTICLE I
USE OF SLOVENE LANGUAGE
In those Commîmes of Duino-Aurisina, San Dorligo della Valle, Sgonico and Monrupino. the transactions of the Communal Councils, may, for convenience, be conducted in the Slovene language and may be recorded in the Slovene language, in addition to the official language. Such transactions and the records thereof shall be valid for all purposes, provided that in official communications with authorities outside the Commune, such communications shall be worded either in Italian or in both Italian and Slovene.
ARTICLE II
EFFECTIVE DATE
This Order shall become effective on the date it is signed by me.
Dated at TRIESTE, this 2nd day of September 1949.
CLYDE D. EDDLEMAN
Brigadier General, Civil Affairs Ref. : LD¡A¡49¡194	Director General, Civil Affairs
Order No. 184
INCREASE- OF INDEMNITY DUE TO WITNESSES SUMMONED TO GIVE EVIDENCE IN CIVIL AND PENAL MATTERS BEFORE JUDICIAL AUTHORITIES
WHEREAS it is considered advisable and necessary to increase the indemnity due to witnesses summoned to give evidence in civil and penal matters before judicial authorities, in that part of the Free Territory of Trieste administered by the British-United States Forces,
ORDER:
ARTICLE I
The rate of indemnity due to witnesses indicated in Article 1 of RD 3 May 1923, No. 1043, is hereby increased to 100 Lire per day.
ARTICLE II
The rate of indemnity due to witnesses indicated in Articles 3, 4, 5, 6, 27 of the said RD 3 May 1923. No. 1043, is hereby increased respectively to 200 Lii'e for each day of travel and to 300 Lire for each day of sojourn.
ARTICLE III
The rat e of indemnity referring to distance covered and calculated according to the number of kilometres made, provided for by Article 2 of the said RD 3 May 1923, No. 1043, is hereby increased to 4 Lire per kilometre.
ARTICLE IV
• %
The existing provisions shall remain in force in so far as not inconsistent with this Order.
ARTICLE V
This Order shall become effective on the date of its publication in the Official Gazette. Dated at TRIESTE, this 6th day of September 1949.
CLYDE D. EDDLEMAN
Brigadier General, U. S. Army Ref. : LD\A¡4:9\192	Director General, Civil Affairs
Order No. 185
SALE AND CONSUMPTION OF ALCOHOLIC DRINKS IN HEALTH HOLIDAY AND TOURIST RESORTS
WHEREAS it is deemed advisable to modify the provisions of the Consolidated Text 18 June 1931 No. 773 on the sale and consumption of alcoholic drinks in health-resorts (luoghi di cura) holiday-resorts (soggiorno) and tourist-resorts (turismo) in that part of the Free Territory of Trieste administered by the British-United States Forces,
NOW, THEREFORE, J, CLYDE D. EDDLEMAN, Brigadier General, U. S. Army, Director General, Civil Affairs,
ORDER:
ARTICLE I
In localities recognized as health, holiday and tourist-resorts, the number of establishments for sale or for consumption of alcoholic drinks may exceed the limits established by Article 95 of the Consolidated Text 18 June 1931 No. 773 of Public Safety Laws.
Licences and special authorizations in excess of such limits may only be granted by the competent authorities in accordance with Article 86 and 89 of the above mentioned Consolidated Text, in the case of real touristic necessity, previous approval having been given by the Communal Administration and the Provincial Tourist Body.
ARTICLE II
In carrying out the functions vested in it by Article 98 of the said Consolidated Text the Provincial Commission may establish in the localities specified under Article I distances different from those normally fixed for Communes and may in addition establish that, in case of real touristic necessity, the limits of distance be fixed only with reference to hospitals, churches and other places of worship.
ARTICLE III
In the localities specified in Article I, the prohibition established by Article 97 of the above mentioned Consolidated Text is limited to the days during which electoral meetings are held.
ARTICLE IV
The temporary licences as specified in the third paragraph of Article 103 of the said Consolidated Text, may include also the dispensing of super-alcoholic drinks, and the number of these licences may exceed the limits established by Article 95, the provisions of Article I of this Order having been complied with.
ARTICLE V
This Order shall become effective on the date of its publication in the Official Gazette.
Dated at TRIESTE, this 7th day of September 1949.
CLYDE D. EDDLEMAN
Brigadier General, tT. S. Army Ref. : LD/AI49I196	Director General, Civil Affairs
Order No. 186
DECLARATION OF PRESUMPTIVE DEATH OF PERSONS WHO DISAPPEARED IN THE
PERIOD FROM 1940 TO 1945
WHEREAS it is deemed advisable to issue provisions concerning the declaration of presumptive death of persons who disappeared in consequence of events due to the political and military situation prevailing in the period from 10 June 1940 to 31 December 1945, m that part of the Free Territory of Trieste administered by the British-United States Forces,
ORDER:
ARTICLE I
In addition to the cases set forth ir Articles 58 and 60 of the Civil Code, the presumptive death oi a person may be declared whenever the said person has disappeared in consequence of events due to the political and military situation prevailing in the period from 10 June 1940 to 31 December 1945 and no intelligence of him has been received.
The judgment declaring the presumptive death of a person shall specify the day and, if possible, the hour when he was last heard from.
Whenever it is not possible to determine the hour, the presumptive death shall be deemed to have occurred at 24.00 hrs. of the day specified.
ARTICLE II
If, in cases of military persons who disappeared during the war 1940-45, the submitted application is supported by a certificate issued by the competent authority and proving that the person concerned cannot be found and no objections have been raised in terms of Article 727 Code of Civil Procedure, the inquiring judge may dispense with the inquiry provided for by Article 728 of the aforesaid Code.
ARTICLE III
Deeds relating to proceedings for the declaration of presumptive death of persons who disappeared during the war 1940-45, shall be exempt from any expense and from indirect duties and taxes on business transactions.
The fees due to judicial offices and bailiffs shall be reduced by one half.
ARTICLE IV
The Official Gazette of the Allied Military Government shall publish excerpts of the insertions concerning the aforesaid costfree and without delay upon request by the respective applicant ; such insertions may also be ordered by means of monthly lists set up by the judicial offices, regardless of the provisions of Article 727 of the Code of Civil Procedure concerning publications in the Press.
ARTICLE V
The fees due to attorneys-at-law shall be reduced to one half of those fixed by para IV, No. 71 of Table „B“ attached to Law 13 June 1942, No. 794, and by subsequent amendments. For the purpose of the liquidation of such fees, the proceedings contemplated in this Order shall be considered to be of undetermined value.
No lawyers’ fees shall be allowed.
The notification fees due to bailiffs shall be reduced by one half.
ARTICLE VI
Whenever the required conditions exist, the applicant may be granted gratuitous defence by deeree of the President of the Tribunal.
ARTICLE VII
This Order shall come into force on the date of its publication in the Offioial Gazette. Dated at TRIESTE, this 8th day of September 1949.
CLYDE D. EDDLEMAN
Brigadier General, U. S. Army Ret. ; LJ)¡A¡49¡188	Director General. Civil Affairs
Administrative Order No. 51
EXAMINATIONS FOR PROCURATORE LEGALE FOR 1949
WHEREAS it is considered advisable to add another substitute member to the Commission for the examinations for Procuratore Legale for 1949, appointed by Administrative Order No. 38 dated 29 June 1949.
NOW, THEREFORE, I, VONNA F. BURGER, Colonel F.A., Executive Director to Director General, Civil Affairs,
ORDER:
ARTICLE I
Prof. Agostino ORIGONE, Professor of „Istituzioni di diritto pubblico“ is appointed Substitute member to the Commission for the examinations for Procuratore Legale for 1949 in addition to the appointments made by Administrative Order No. 38 dated 29 June 1949.
ARTICLE II
This Order shall take effect on the date it is signed by me.
Dated at TRIESTE, this 1st day of September 1949.
VONNA F. BURGER
Colonel F.A.
Executive Director to
Ref. ; LD¡B¡49IS1	Director General, Civil Affairs
Administrative Order No. 52
AUTHORITY TO THE PARISH CHURCH OF S. ANTONIO TAUMATURGO IN TRIESTE TO PURCHASE IMMOVABLE PROPERTY
WHEREAS the Parish Church oj S. Antonio Taumaturgo in Trieste has made an application to the Allied Military Government for authority to purchase immovable property from Mrs. Clelia Duodo widow Cifrani, and
WHEREAS the aforesaid application has been duly approved by the Zone President and there is no objection to the granting oj said application,
NOW, THEREFORE. I. VONNA F. BURGER, Colonel F.A., Executive Director to
Director General, Civil Affairs,
ORDER:
1)	The Parish Churh of S. Antonio Taumaturgo in Trieste is hereby authorized to purchase from Mrs. Clelia Duodo widow Citrani one undivided half of the immovable property known as house No. 7 of Via Giorgio Vasari, forming a part of Part, tav. 2479 of Trieste as described in the plan of surveyor Giorgio Zambonelli dated 11 June 1949.
2)	Tlrs Order shall become effective on the date it is signed by me.
Dated at TRIESTE, this 2nd day of September 1949.
VONNA F. BURGER
Colonel F. A.
Executive Director to
Ref. : LD¡B¡49¡52	_	Director General, Civil Affairs
Notice No. 24
RESTRICTION OF CONSUMPTION OF ELECTRIC ENERGY
Notice is hereby given that pursuant to Order No. 176 dated 17 August 1949 restrictions in the use of electric power and energy are to be brought in line with those already enforced, in Northern Italy.
These restrictions are made necessary by the shortage in the Italian supply due to the very dry summer and lack of snow in the high mountains.
ARTICLE I
GENERAL RESTRICTIONS
It is forbidden to use electric energy for the following purpose :
a)	Steam production by electric boilers.
b)	Industrial heat production (if other means are available).
c)	Heating of places of entertainment, Public Houses, Coffee-houses, Restaurants, Hotels, Shops, Statai and Communal Buildings, Public and Private Offices, Workshops and Industrial Plants.
d)	Advertising illumination and commercial signs b fore 1900 lirs. and after 2100 hrs.
e)	Direct and indirect illumination of shopwindows during daylight hours and when shops are closed.
j)	Illumination not really indispensable inside and outside of private apartments and all public and private premises, shopwindows, shops etc.
ARTICLE II
SUSPENSION OF ELECTRIC ENERGY
Section 1. — The F.T.T. will be divided into two districts and the supply of electric energy will be cut off from each district for two days per week during the hours 0730 to 1830 inclusive. The Northern district will be without electricity on Tuesdays and Fridays, and the Southern district on Mondays and Thursdays.
Section 2. — Consumers whose supply of electric energy is not or cannot be cut off during the specified periods are forbidden to use electricity during the periods of suspension within their district.
ARTICLE III
LIMITATIONS OF CONSUMPTION OF ELECTRIC ENERGY FOR INDUSTRIES
All industrial consumers shall limit their :
a)	Load in KW to not more than the maximum reached during the months May/June 1949 ;
b)	Monthly average consumption of KWH to 65% of the monthly average consumption of KWH during the months May/June 1949, excluding seasonal loads and provisional ones. Exempted from these restrictions arc the Public Services, Flour Mills, Bakers and Radio Stations, who must reduce their consumption of electric energy to a minimum.
ARTICLE IV
LIMITATIONS OF CONSUMPTION OF ELECTRIC ENERGY FOR OTHER CONSUMERS
The folknving consumers shall limit their total monthly consumption of electric energy to percentages of the December 1948 consumption as follows :
a)	Public Services in general : 95%
b)	Traction consumers (tramways and trolle.ybusses) : 90%
c)	Streetlighting : 80%
d)	All other consumers : 65%.
ARTICLE V
WEEKLY CONSUMPTION
ARTICLE VI
APPLICATION FOR EXEMPTIONS
Applications for exemption or transfer of energy between consumers will be presented to the Department of Public Services, Allied Military Government.
ARTICLE VII
PENALTIES
As foreseen in Article III of the Order No. 176 dated 17 August 1949.
ARTICLE VIII
EFFECTIVE DATE
This Notice shall become effective on the 12 September 1949 by its publication through the newspaper, over the Radio, and in the Official Gazette.
Dated at TRIESTE, this 8th day of September 1949.
ROBERT ALEXANDER
Chief, Department
Ref. : LDIC/49/24	of Public Services
466
A. M. G. ■ E. T. T. Gazette. — Vol.. II, No, 26 — 11 September 1949
CON T E N T S
Order
Page
No.	181	Regulations for entry into the Free Territory of Trieste ....................  445
No.	182	Bringing up to date of the list of Assessors of the Court of Assize of	Trieste	447
No.	183	Use of Slovene language .....................................................  449
No.	184	Increase of indemnity due to witnesses summoned to give evidence	in civil
and penal matters before judicial authorities......................... 449
No. 185 Sale and consumption of alcoholic drinks in health, holiday and tourist resorts 450
No. 186 Declaration of presumptive death of persons who disappeared in the period
from 1940 to 1945 .................................................... 451
Administrative Order
No.	51	Examinations for Procuratore Legale for 1949 ................................. 453
No.	52	Authority to the Parish Church of S. Antonio Taumaturgo in Trieste..to purchase immovable property......................................................... 454
Notice
No.	24	Restriction for consumption of electric energy ............................... 454
I