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9. To carry out the instructions contained in the preceding articles, naval commanding officers, whenever it is judged useful, shall proceed to visit merchant ships on the high sea or in belligerent waters, or may request them to proceed to the nearest port to undergo visit there.
10. Neutral vessels convoyed by a ship of war shall be exempt from visit provided that the commander of the convoy declares in writing the character and cargo of the convoyed vessels in such a manner as will enable all information to be available which could be obtained by exercising the right of visit. If the naval officers in command have reason to think that the good faith of the commanding officer of the escort has been imposed upon, they will communicate to him their suspicion, so that he may on his own account make the necessary verifications and issue a written report.
11. The vessels or goods captured shall be brought to the nearest port in the kingdom, colonies, or territory occupied by Italy, or, this being impossible, to a port of an allied nation or occupied by the latter, or in case of absolute necessity to a neutral port. The vessels and goods shall there be placed at the disposal of the maritime and consular authorities as the case requires, together with a report of what has been done, accompanied by the respective declarations and documents.
12. When observance of the provisions of the preceding article may endanger the safety of the ship effecting the capture, or may interfere with the success of operations of war in which she is engaged, naval commanding officers may destroy the prize after providing for the safety of the persons on board and the ship's papers and manifests and of anything else which may help in deciding the legitimacy of the capture. The destruction of a prize must be justified in a special procès-verbal. By order of His Majesty's Lieutenant-General,
Ministry of Marine:
REGULATIONS GOVERNING THE VISITS OF MEN-OF-WAR
TO FOREIGN PORTS.1
(Issued by the Office of Naval Intelligence, United Stated Navy
Department, September, 1913; corrected to June 10, 1916.)
There are no restrictions as to the number of men-of-war under one flag that may visit any port at one time, nor as to the duration of such visit. There are no closed ports in this country.
AUSTRIA-HUNGARY. SECTION. 1. Permission to anchor in the case of friendly foreign men-of-war and their stay in Austro-Hungarian waters is subject to the following paragraphs:
Sec. 2. In an Austrian or Hungarian port there must not be more than three ships flying the same flag.
1 The following preface appears in the official print issued in September, 1913:
This compilation was undertaken with the view of furnishing in a compact form the various regulations, rules, and customs which govern the visits of men-of-war to foreign ports.
There are no general regulations established by international agreement on this subject, but many of the nations of the world have formulated laws, or regulations with the force of laws, which lay certain restrictions upon the visiting men-of-war of other nations.
It has been thought advisable to publish these decrees verbatim rather than present them in a condensed and perhaps obscure form.
It will be seen that in some cases the laws are applicable to all the ports of the nation, while in others they apply only to a restricted area of the littoral, or to certain ports.
Furthermore, some of the laws are applicable only during a certain period of time, as from sunset to sunrise.
Again, some of the laws or regulations are effective only in time of war, while the majority deal with times of peace.
It is intended to embody these regulations in the next edition of the Port Directory, issued by this office in 1911. Navy DEPARTMENT, OFFICE OF NAVAL INTELLIGENCE, September, 1913.
Along the whole length of the Austrian and Hungarian coasts there must not be contemporaneously staying more than six men-of-war flying the same flag.
This prescription may be departed from only in case of peril of the sea or by permission obtained by diplomatic means.
SEC. 3. Along the coast within sight of signals, foreign men-of-war must fly their own flag.
SEC. 4. On entering a port foreign men-of-war must abide by the orders given by the port authorities or their representatives.
The point of anchorage of foreign men-of-war is assigned by the local port authorities.
Sec. 5. During their stay in port, as also in their communication with the shore, foreign men-of-war must abide by the port police regulations as well as those of the customs and health authorities and comply with their requests.
Sec. 6. If on entering or leaving a port a pilot is obligatory on the part of a foreign man-of-war, the same must take on board the pilot sent by the authorities and follow his orders.
For the pilot's services no fee is paid by a foreign man-of-war and no responsibility as to its safety is assumed.
Sec. 7. A man-of-war on entering a port is boarded by a port and a quarantine officer. The latter hands to the commander of the vessel the constituto form the blanks of which he has to fill in with his own hand. The officer will then inform the commander of the port police regulations.
SEC. 8. The form of the constituto, which the commander of the manof-war has to fill in with his own hand, contains the following questions: Flag, specification of man-of-war, viz., if battleship, cruiser, gunboat, etc., name, number of crew, number of guns, name and rank of the commander, port of departure, duration of the voyage, probable duration of ship’s stay, if and what passengers are on board, and the state of crew's health.
Of this constituto the political as well as the naval and military authorities have to be notified by the port office.
SEC. 9. Foreign men-of-war are forbidden to make topographic and hydrographic surveys of whatever description in Austrian and Hungarian waters, or to take soundings, to complete or rectify depths either from on board ship or ship's boats.
Target firing in territorial waters or on shore, as well as landing maneuvers, can be made only by permission of the local territorial military headquarters.
Within the limits of territorial waters no capital executions are allowed.
SEC. 10. Excepting officers and petty officers who are allowed to wear their swords, the crew of a foreign man-of-war must not wear their arms on shore.
As a rule, an armed force is not allowed to land, but in case of a funeral service permission must be asked of the military authorities, or, if needed, also of the police authorities to land an armed escort.
Sec. 11. If a foreign man-of-war has to be docked or moored to the shore, every article of munition, including munition for torpedoes and mines and other explosive apparatus, must be landed on the spot assigned as per actual prescriptions.
Within the radius of the port the firing of guns or other arms, as also fireworks, is prohibited, except in firing a salute or signaling.
Sec. 12. In Austrian and Hungarian ports it is not permitted to foreign men-of-war to engage in actual hostilities with each other, and there. fore any ship opening hostilities shall be treated as an enemy's ship.
It is likewise forbidden to stop in territorial waters and make perquisitions of ships or seize prize ships or commit any act tantamount to usurping the sovereignty of the state.
Sec. 13. With regard to the ship's boats plying to and from the shore, foreign men-of-war must follow the instructions of the port authorities and use only those places of landing as shall have been assigned.
Sec. 14. The following are declared ports of war:
(1) The port of Pola, including the neighboring anchorage of Cape Molera, in the Straits of Quarnero, passing by Cape Promontore up to Punta Settentrionale of the Brioni Isles.
(2) Golfo di Cattaro waters, within a line between Punta d'Ostro to Punta d'Orza.
Sec. 15. Foreign men-of-war may enter also an imperial royal port of war after due advice of their government and duly observing the foregoing prescriptions, but only in daytime, excepting in case of perils of the sea, and their stay cannot extend beyond a period of eight days. Permission to prolong their stay beyond this period can only be obtained by diplomatic means.
A commander of a fortress is bound to afford every possible assistance to foreign men-of-war.
SEC. 16. If a foreign man-of-war on nearing a fortified port within gunshot should not fly its flag, the nearest port shall fire a blank shot as a caution, and after two minutes another shot, this time with a loaded shot at the ship's prow, however, so as not to hit it, and if no heed is taken of this warning, within three minutes fire will be opened on the ship.
Sec. 17. Within gunshot of a fortified port foreign men-of-war must not engage in target firing nor use their searchlights.
Sec. 18. In war ports and the vicinity of sea-coast fortifications in general—that is to say, within a radius of 8 kilometers, equal to 5 miles, of a fortified port or coast fortification, reckoned from the projecting angles of the exterior forts—it is not allowed to draw plans and sketches, take photographs or other views of the ground or roads leading thereto.
Sec. 19. At Pola, foreign men-of-war may anchor only in the roadstead—that is to say, outside the line peninsula of St. Pietro and island of S. Andrea.
In the waters of Bocche di Cattaro men-of-war of friendly Powers may anchor only in the outer port of war—that is to say, up to the Strait of Cumbur—and the point of anchorage is assigned by the ship stationed there or by the military authorities of Castelnuovo.
SEC. 20. In the ports of war port police affairs are ruled by the naval or the military authorities. The sanitary affairs are left to the port captains under supervision of the maritime department.
SEC. 21. In time of war no ship or floating object can approach near a fortified port or a naval encampment of the Austrian or the Hungarian coasts without having previously received a special permission. Ships passing before fortified places must keep outside territorial waters.
SEC. 22. If a friendly Power's ships, in time of war, come near a fortified port or naval encampment with the intention of entering, it must hoist its international recognition signal and wait outside the territorial zone for permission to enter.
With regard to passing by or nearing the sea tract in front of the port of Pola, special prescriptions will be issued in time of war.
18 February, 1901. ARTÍCLE 1. In time of peace war vessels belonging to foreign powers may enter freely Belgian harbors of the North Sea and anchor off said