When, notwithstanding the warning mentioned in the preceding clause, the ship still does not obey the order to stop, shots should be fired at her masts and yards, and, finally, at the hull.

When a ship has stopped, the commander of the warship shall send off to her in a boat a visiting officer with subordinate officers, according to circumstances.

The boat's crew must not carry arms; there is, however, no objection to the boat being provided with them.

Should it appear necessary to the visiting officer, he may, when boarding the ship, take with him two, or less, of the boat's crew.

If the visiting officer considers that there is ground for suspicion. he shall request in a proper and polite manner to see the ship's papers. If, however, the master of the ship refuses to produce the ship's papers, a peremptory demand for them may be made.

If, after the visiting officer has examined the ship's papers, he considers that the ship should not be captured, he shall on receipt of orders from the commander of the warship at once release her.

If, after the visiting officer has examined the ship's papers, he still considers that there is ground for suspicion, he shall search the ship.

In the case mentioned in the preceding clause, the visiting officer may, if it appear necessary to him, cause the boat's crew to come on board the ship and assist him, or he may apply for assistance to the warship.

Search shall be conducted in the presence of the master of the ship. or of his representative.

The master of the ship, or his representative, shall be made to open all places or receptacles which are closed. Should he refuse to do so. steps may be taken to meet the emergency.

If the visiting officer, in the course of his search, considers that the ship should not be captured, he shall stop the search, and, on receipt of orders from the commander of the warship, at once release her.

Before leaving the ship, the visiting officer shall ask the master whether he has any objections to offer with regard to the proceedings in connection with the visit or search, or on any other point, and. should the master mention any objections, cause him to present them in writing.

The visiting officer shall enter in detail in the ship's log the time of the visit or search, the locality, the name of the warship, and the name, surname, and rank of her commander, and shall affix his signature in full thereto, stating also his rank.

In the case of a ship which is exempted from capture, either because she has not received notice of the blockade, or because she comes under clause 2 of Article 30, or because, as specified in Article 36 and Article 38, she was not aware of the fact that hostilities had broken out, the visiting officer shall enter in the ship's log, or in the papers which show her nationality, a warning in accordance with Form 2 or Form 3 and order her to turn back, or take suitable steps to make her change her course in some other direction, &c.

Japanese Regulations, 1904, Articles 51-65.

The captains of H. M. ships during a war have the right, in conformity with the following instructions, to visit enemy or neutral merchant vessels, to search them, and to seize them, as well as the

enemy and neutral goods found on board and in exceptional cases to destroy them.

During an armistice this right of capture is suspended only when expressly agreed.

German Prize Rules, 1909, Article 1.

Purpose of visit and search.

The purpose of visiting and searching of a merchant ship is to determine:

(a) To what nationality the ship belongs.

(b) Whether there is contraband on board.

(c) Whether it (the ship) is assisting the enemy by unneutral

service.

(d) Whether it has been guilty of a breach of blockade.

The visit and search shall be made only when the captain believes that results will follow. All measures are to be carried out in a form whose observance, even against the enemy, will comport with the dignity of the German Empire, and with a regard for neutrals conformable to the usages of international law and German interest.

German Prize Rules, 1909, Article 4.

Mail steamers not exempt.

The inviolability of mails does not exempt neutral mail steamers from the laws and usages of war on the sea, nor from capture; but they shall be searched only when urgent, with all possible consideration and despatch.

German Prize Rules, 1909, Article 7.

81. The captain must as much as possible avoid diverting a ship under a neutral flag from her course during the visit and search; he shall especially endeavor to cause the ship the least possible inconveniences, especially will he in no circumstances require the master to come on board the man-of-war, or that a boat, men of the crew, the ship's papers, etc., be sent on board.

82. If the captain intends to halt a ship, he will cause her to stop by means of signals and blowing of the siren. Ensign or pennant are to be displayed not later than the time of this signal; by night the first is to be illuminated. During the pursuit the display of the war ensign is not necessary, the flying of any merchant flag (desired) is permissible.

83. If the ship does not stop upon signal, two successive blank charges are to be fired, and if necessary a shotted charge over the ship. If the ship then does not stop, or makes resistance, the captain will compel her to stop.

84. When the ship has stopped, the captain will send on board an officer, accompanied by a second officer and not more than three men as witnesses and for assistance, in an unarmed boat, manned with the usual crew and carrying the flag. The officers of the boarding party will carry side arms, the men no arms. The remainder of the boat's crew will have their small arms in the boat.

85. If the weather makes boating impossible, the captain will prescribe a given course to the ship, in case he has serious suspicion of her, and will follow himself, until it is possible to carry out the visit.

86. Usually in this the officer goes directly on board, accompanied only by the officer sent with him, and asks politely, but definitely, for the ship's papers to be produced; if the master declines, he orders their production. A further refusal justifies the capture of the ship.

87. The officer submits the papers to a thorough examination, proving the identity of the ship, as far as it is possible without making an exact examination, with the data in the papers (name on the bow, funnel marks, house flag; names on boats and buoys, etc.), and her nationality, age, home and departure ports, destination of the ship, kind and destination of the cargo, etc.

88. If the officer upon examining the papers forms the opinion that the ship is not liable to seizure, he releases her, with the approval of the captain, and after making an entry in the ship's log book and certificate of nationality (visiting ship, time, place of visit, reason for release, name and rank of the captain and of the boarding officer). Before releasing the ship, he makes request of the Master for a written declaration whether and what objections he has to the carrying out

of these measures.

89. If the master has objections to make, the officer will make his comment upon these in a brief report. The Captain will forward this declaration, with his own endorsement, immediately to the Chief of the Admiral Staff.

90. If the officer forms the opinion upon examining the ship's papers that the ship is suspicious, he will proceed to search. This consists of carefully fixing the agreement of the ship with the data in her papers (alterations in exterior features, distinguishing marks, draft marks, name-boards, are to be noted) and testing of the correctness of the data in the papers concerning the relation of ship and cargo. The search will be made by questioning the Master, crew (if change of flag be suspected, compare the signatures of the crew_with those in the muster roll, provided the law concerning the flag determines the national composition of the crew) and passengers, with whom, however, no compulsion by threat is to be used: and by examining the ship and cargo. This will be done with the assistance of the boat's crew, which will be increased if necessary, and—if he does not refuse-with the attendance of the Master, who will cause the locks and packings to be opened, or suggest the most appropriate way of opening. Any injury is to be avoided as far as possible.

91. If the making of the search is proved to be necessary, but at the time is not practicable to carry out, the ship will be searched later at a suitable place. If this causes serious disadvantages to the ship to be searched, the Captain will proceed to the provisional capture. (See 97.)

92. If the officer is convinced by the search that the ship is not fiable to capture, he will proceed carefully to restore the previous condition of the ship and cargo, according to 88 and 89. Claims of the Master for damages are if possible to be regulated before the ship is released.

93. If the search shows that only a part of the cargo is confiscable, the Captain will decide whether he will capture the ship or only seize the questionable part of the cargo, according to 121, or release the ship without further proceedings. A renunciation of the seizure in return for a payment is not permissible. (See also 46.)

German Prize Rules, 1909, Articles 81-93.

Stopping.

When you decide to search a vessel you shall first notify it by firing a blank shot and by displaying your flag. At this signal the vessel is bound to display its colors and to stop to await your search.

If it continues on its way and tries to flee, you will pursue it and stop it if need be by force.

In case of armed resistance on its part, you will capture it without other summons.

Attempt at flight is not alone sufficient to justify capture.

As soon as the summoned vessel has stopped, you will send a boat to it.

No exact rule can be fixed on the subject of the distance at which the cruiser should stop during the search. You will act according to circumstances and the state of the weather.

French Naval Instructions, 1912, secs. 88-91.

If the examination of these papers shows with certainty that the vessel is neutral, its destination innocent, and its cargo innocent in character, the visiting officer will set forth the result of his visit on the journal of the said ship, and you will let the ship proceed on its

route.

The absence of one of the papers above indicated would not alone justify capture if the other papers taken together prove the neutrality of the vessel and the regularity of the voyage.

Papers thrown overboard, suppressed, or abstracted.

Nevertheless, if it is established that one or more of these papers have been thrown overboard, suppressed, abstracted, or falsified, the vessel searched should be captured without the need of examining by whom or for what reason they were thrown overboard, suppressed, abstracted, or falsified.

If the examination of the papers leaves you in any doubt or confirms you in the suspicion:

(1) Respecting the nationality of the vessel: then you will capture it.

(2) Respecting its destination or the innocent character of its cargo: then you may proceed to search the cargo.

This search is made by the captain and crew of the ship searched under the eyes of the visiting officer who should not take part in it. himself except in case of refusal of the others.

The ship's papers are full proof of the voyage of the vessel as well as of the place for discharging the goods, unless the vessel is met when manifestly having deviated from the route which it should follow according to its papers and without being able to show sufficient cause for such deviation.

All these operations of search should be made with the greatest courtesy and moderation and, if mail ships are involved, with the greatest speed possible. (See sections 85 and 126.)

French Naval Instructions, 1912, Articles 97-101.

Visit, search, seizure, and attack by "armed " merchant vessel.

The exercise of the rights of visit, search, and seizure, as well as every attack, on the part of an armed merchant ship against a German

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or neutral merchant ship constitutes piracy. The crew is to be proceeded against according to the regulations for procedure extraordinary under the laws of war.

Orders of the Chief of the Admiral Staff of the German Navy, June 22, 1914, Article 1.

* * *

The "Maria," 1 C. Rob., 360.-In this case the court said: "This right, [of visit and search] is so clear in principle, that no man can deny it who admits the right of maritime capture; because, if you are not at liberty to ascertain by sufficient inquiry whether there is property that can legally be captured, it is impossible to capture. The right is equally clear in practice, for practice is uniform and universal on the subject. The many European treaties which refer to this right, refer to it as preexisting, and merely regulate the exercise of it. All writers upon the law of nations unanimously acknowledge it, without the exception of even Hubner himself, the great champion of neutral privileges."

The "Anna Maria," 2 Wheaton, 327.—In this case the court said that the right of visitation and search, is a belligerent right which cannot be questioned, but that it must be exercised with as much. regard to the safety of the vessel detained as is consistent with a thorough examination.

The "Eleanor," 2 Wheaton, 345.-In this case the court said that to detain for examination is a right which a belligerent may exercise over every vessel, not a national vessel, that he meets with on the

ocean.

NECESSARY SHIPS' PAPERS.

In order to avoid and prevent on both sides all disputes and discord, it is agreed that, in case one of the parties shall be engaged in a war, the ships and vessels belonging to the subjects or inhabitants of the other shall be furnished with sea-letters or passports, expressing the name, property, and port of the vessel, and also the name and place of abode of the master or commander of the said vessel, in order that it may thereby appear that the said vessel really and truly belongs to the subjects of the one or the other party. These passports, which shall be drawn up in good and due form, shall be renewed every time the vessel returns home in the course of the year. It is also agreed that the said vessels, when loaded, shall be provided not only with sea-letters, but also with certificates containing a particular account of the cargo, the place from which the vessel sailed, and that of her destination, in order that it may be known whether they carry any of the prohibited or contraband merchandizes mentioned in the 9th article of the present treaty; which certificates shall be made out by the officers of the place from which the vessel shall depart.

Treaty of Amity and Commerce concluded between the United States and Sweden, April 3, 1783, Article XI.

To ensure to the vessels of the two contracting parties the advantage of being readily and certainly known in time of war, it is agreed that they shall be provided with the sea-letters and documents hereafter specified:

1. A passport, expressing the name, the property, and the burthen the vessel, as also the name and dwelling of the master, which passport shall be made out in good and due form, shall be renewed as