5211 U5S1 ISiT /i THE LIBRARY OF THE UNIVERSITY OE CALIFORNIA LOS ANGELES lA". ^. /^ -C2C(^ Instructions FOR THE NAVY OF 1 ME UNITED STATES GOVERNING Maritime Warfare □ JUNE, 1917 4r^ WASHINGTON GOVERNMENT PRINTING OFRCE 1917 J/ Navy Department, Washington, June 30, 1917. The following instructions for the Navy of the United States Govcrnuig Maritime Warfare are issued for the information and guidance of the naval service. JosEPiius Daniels, Secretary. 3 962902 CONTENTS Page. Introduction 7 Section I. Belliirerents in neutral jurisdiction 11 1 1 . Contraband 15 III. Blockade 16 IV. Unneutral service 18 V. Telegraphic communications 20 VI. Visit and search 21 VII. Limitations on visit and search 23 VIII. Neutral or enemy character 24 IX. Liability to capture 26 X. Colors to be displayed on prize 29 XI. Responsibility of capturing officer 30 XII. Treatment of vessel, goods, postal correspondence, officers, crew, and other persons on board 31 XIII. Destruction of prizes 35 XIV. Capture of public vessels in the military service of the enemy 36 XV. Bombardment 37 XVI . G eneva Convention 40 Appendix I. Forms 41 II. Ship's papers, American 48 III. Ship's papers, foreign 75 IV. Provisions of law relating to American vessels 78 5 LXTRODUCTIOX. Tho following instructions have been prepared in accordance with international law, treaties, and conventions to which the United States is a ])arty, the statutes of the United States, and, where no international agreement or treaty provision exists covering any special point, in accordance with the practice and attitude of the United States as hitherto determined by court decisions and Execu- tive pronouncements. The treaties to which marginal references are made may be found in Treaties and Conventions between the United vStates and other Powers, 1776-1909, 1910-1913, three volumes. Treaties in force prior to 1904 are printed in Compilation of Treaties in Force, 1904. The Hague and Geneva conventions, which have been ratified before April 12, 1911, may also be found in Navy Department publication entitled "Hague and Geneva Conventions." The Geneva conven- tion of 1906 is also printed with International Law Topics and Dis- cussions, Naval War College, 1906. All The Hague conventions of 1907, whether or not ratified, were printed for convenience of reference with International Law Situations, Naval War College, 1908. Treaties between the United States and other powers are cited in the marginal references under the name of the foreign State, and the year of the treaty, as "Brazil, 1S2S," refers to the treaty between the United States and Brazil of 1828. Marginal references to treaties, etc., should be consulted before decisions are made. The Declaration of Paris of 1S56 is cited as "Dec. of Paris, 1856." The United States did not formally adhere to this declaration, but has in practice followed its provisions. The Hague conventions arc cited by the numbers assigned at The Hague conference, as: "IV, Hague, 1907," refers to the convention respecting the laws and customs of war on land. "VIII, Hague, 1907," refers to the convention relative to the laving of automatic-contact submarine mines. "IX, Hague, 1907," refers to the convention concerning bom- bardment by naval forces in time of war. "X, Hague, 1907," refers to tlie conventi6n for the adaptation to maritime war of the principles of the Geneva convention. "XI, Hague, 1907," refers to the convention relative to certain restrictions with regard to the exercise of the right of capture in maritime war. 7 8 IXTRODUCTIOX, "XIII, Hague, 1907/' refers to the convention concerning tlie rights and duties of neutral powers in maritime war. "XIV, Hague, 1907," refers to the declaration prohibiting the discharge of projectiles and explosives from balloons. The action taken upon the above Hague convention and declara- tions prior to October 7, 1915, by the powers represented at The Hague conference of 1907 is indicated in the following table: '*R" indicates unconditional ratification unless otherwise stated. '"A" indicates adherence. Blank spaces indicate that the States have not ratified or signified adherence. Note. — The above changes simply expand the explanation oi the marginal and other relerences and omit reference to the London conference. Table of ratification and adherence to IV. VIII. IX. X. XI, XIII. XIV. Hague con- ventions and decl:!i:tions 0/1907. [Verified up to Oct. 7, 1915.1 IV. VIII. IX. X. XI XIII. XIV. 1 Austria-Hunearv R. Exceot art. 4-1. R. R. R. R. R. R. R. R. R. R. R. R. R. R. R. R. R. Belgium Bolivia R. R. Brazil Bulgaria R. R. R. R. Chile 1 China - A. R. Excel t art. 21. A. Exce, t art. 14: I.ar. 2, art. 19: par. 8, art. 2. . R. Colombia Cuba R. R. R. R. R. R. T)prirnfirlr R. R. R. France R. R. E.xoept art. 41. R. R. Except an. 2. R. E.Kcept art. 2. R. With declara- tion. R. Excert par. 2, art. 1. R. Except par. 2, art. 1. R. Excert par. 2, art. 1. R. R. R. R. R. K. R. Excert art.s. 11, 12, i:i, and 20. Germany i:. Greece R. R. R. R. R. R. K. R. R. R. R. R. Haiti Italy v.. Japan R. Except art. 44. A. R. R. R. A. R. R. R. Excel t lar. 2, art. 1. A. R. R. R. R. A. R. R. R. Except arts. 19 and 23. A. R. R. A. Luxemburg Mexico Montpnppro R. R. R. Netherlands R. .^. R. R. R. A. R. R. R. A. R. R. R. A. U. li. R. A. R. R. R. A. R. R. R. Nicaragua Norway Panama A. R. R. I*ara2uav J*ersia Portugal. R. R. R. R. R. R. K. R. R. R. R. R. R. R. R. R. INTRODUCTION. 9 Table of ratification and adherence to IV. VIII. IX. X. XI. XIII. XIV. Hague con- ventions and declarations oj' 1007 — Continued. IV. viir. IX. i;. X. R. xr. XIII. XIV. Salvador Except art. 44. K. R. R. R. R. Servia Isiam R. R. Exiept par. 1, art. 1. R. .\. R. R. R. R. R. R. R. il. R. R. R. Except arts. 12, 19, 23. R. Spain Sweden K. li. R. R. Switicerlaiid H. R. Turkey United Stales K. R. R. R. R. A. E.\cept art. 23. R. Uruguay Venezuela INSTRUCTIONS FOR THE NAVY OF THE UNITED STATES GOVERNING MARITIME WARFARE.' SECTION 1. BELLIGERENTS IN NEUTRAL JURISDICTION. GENERAL. 1. Belligerents are bound to respect the sovereign rights of neutral powers and to abstain, in neutral terri- tory or neutral waters, from all acts which would con- stitute, on the part of the powers which knowingl}'" permitt-xl them, a nonfulfillment of their neutrality. SPECIAL PROVISIONS. 2. The neutrality of a power is not affected by the mere passage through its territorial waters of ships of war or prizes belonging to belligerents. 3. A neutral power may allow belligerent ships of war to employ its licensed pilots. > Attention is directed to the following provisions of the laws of the United States: The word "vessel" includes every description of water craft or other artilclal con- trivance used, or capable of being used, as a means of transportation on water. (Sec. 3, Revised Statutes.) Vessels registered pursuant to law and no others, except such as shall be duly qualified according to law for carrying on the coasting or fishing irade, shall be deemed vessels of trie United States, and e.Uit'ed to the beneSts and privileges appertaining to such vessels; but no such vessel shall enjoy such benefits and privi'eges longer than it shall continue to be wholly o\vned by a citizen or citizens of the United States, or a corpora- tion created under the laws of anv of the States thereof * * *. (Se.?. 41.31, Rev. Stat., as amended by act of June 2ii, 1SS4; se.?. 1, 2.3 Stat. I.., p. 23, and act May 2.S, 1S9G; sees. ] and 3, 29 Stat. L., pp. 188, 1S9.) The words "vessel of the United States," wherever they o:cur in this chapter, shall be construed to mean a vessel be'onging in whole or in part to the United States, or any citizen thereof, or any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof. (Sec. 310, Chap. XH, Piracy and Other OlTenses upon the Seas, Penal Code. Mar. 4, 1909, sr. Stat. T-., p. lUS.) For other provisions of United States laws relating to Ainorican vessels .see .\ppcndix IV. 11 12 MARITIME WAKFAEE. ENTRANCE , SOJOURN, AND DEPARTURE OF SHIPS OF WAR. withB^omia^'isif "^^ ^^ *^^ absence of special provisions to the contrarj- (New^' Gmn^a\^ ^^ ^^^ legislation, ordinances, or treaties of the neutral ^vV^eSweden) P^^^®^' ^^® maximum number of ships of war belonging Sweden, 1783, art. ^o ouc belligerent which ma}' be in one of the ports or roadsteads of that power simultaneously shall be three. 5. In the absence of special provisions to the contrary in the legislation, ordinances, or treaties of the neutral power, belligerent ships of war are forbidden to remain in the ports, roadsteads, or territorial waters of the said power for more than twenty-four hours, except in the cases covered by paragraphs 6, 7, 8, 9, 10, and 17. (Special provisions published by neutral powers will be made known.) 6. A belligerent ship of war must not prolong its stay in a neutral port beyond the period legally allowed except on account of damage or stress of weather. It must depart as soon as the cause of the delay is at an end. 7. The regulations as to the limitation of the length of time which belligerent ships of war may remain in neutral ports, roadsteads, or waters do not apply to ships of war devoted exclusively to religious, scientific, or philanthropic purposes. 8. When ships of war of opposing belligerents are present simultaneously in the same neutral port or road- stead, a period of not less than twenty-four hours must elapse between the departure of a ship belonging to one belligerent and the departure of a ship belonging to the adversary. 9. The order of departure is determined by the order of arrival, unless the ship which arrived first is so cir- cumstanced that an extension of the period of stay legally allowed is admissible. 1(J. A belligerent ship of war must not leave a neutral port or roadstead until twenty-four hom's after the de- parture of a merchant ship flying the flag of its adversary. « Uy article 17 of the treaty of July 4, 1827, between the United States and Sweden and Norway, articles 2, ri, fi, 7, 8, 9, 10, 11, 12, 13. 14, 15, 16, 17, IS. 19, 21, 22. 23, and 25 of the treaty of 17S3 between the T'nited State': and Sweden wore extended to Norway. Upon the dissolution of the union l)etween S\ve(ien ami Norway it was agreed that the treaties then in force would continue liiiuling on tlie I'niled Stales on the one hand and Sweden and Norway individually on the other. (Malloy: Tnviiifs, (Duvpniions. etc., between the United States and other Powers, 1770-1909 ) MARITIME WARFARE. 13 INTERNMENT. 11. If, nolwithstaiiaing tho iiotilicatioii of the noutral„.ft\^''°S|f, authorities, a ]>t'lligorent s^hip of war doos not leave a portf^^^bYa ?kew where it is not entitled to remain, the neutral power is ^rt*!" If W^y entitled to take such measures as it considei-s. necessary .l;^,^|d^|;';?^fa°t: to render the ship incapable of takirig the sea during]; the^^- war, and the commanding]; ofTicer of the slii]) must facili- tate the execution of such measures. HOSTILE ACTS, VISIT AND SEARCH. 12. All acts of hostility, including captiu'e and the exercise of the rit:ht of visit and search, committed by belligerent ships of war in the territorial waters of a neutral power, constitute a violation of neutrality and are strictly forbidden. BASE OF OPERATIONS OR COMMUNICATIONS. 13. Belligerents are forbidden to use neutral ports and „.g^« |[|°/^^^[y waters as a base of naval operations against their ad-^^°'^^'''^^-^- versaries, and in particidar to erect radio stations or any apparatus for the purpose of communicating with the belligerent forces on land or sea. INCREASE OF WAR MATERIAL AND PERSONNEL. 14. Belligerent ships of war must not make use of neutral ports, roadsteads, or territorial waters for re- plenishing or increasing their supplies of war material or their armament, or for completing their crews. ^ FOOD AND FUEL, 15. Belligerent ships of war can not revictual in neutral ports or roadsteads except to complete their normal peace supply subject to the approval of the neutral authorities. 16. Similarlv, these vessels can take only such fuel and see also treaties " ' • • .• 1 11- "''^^ Colombia ship supplies as are, m the opinion ol the neutral authori-rxew Granada), ^ , 1 , . 1S46, art. 9; Nor- ties, sufficient to enable the vessels to reach the nearest way (see Swe- den); Sweden^ port of their own countr3\ They may, on the other i:s3, art. 21. 1 Whoever, within the territory or jurisdiction of the United States, increases or augmejits, or procures to be increased or augmented, or knowingly is concerned in in- creasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the I'nited States, was a ship of war, or c ruiscr, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or deople, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for gims of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be fined not more than one thousand dollars and imprisoned not more than one year. (Section 12, act March 4, 1909.) 14 MARITIME WAEFAEE. hand; fill up their bunkers properly so called when in neutral countries which have adopted this method of determining the amount of fuel to be supplied. (Special provisions published b}* neutral powers VN'ill be made known.) 17. li, in accordance with the law of the neutral power, the ships are not fm'nished with fuel, and victuals and ship supplies and necessary repairs within twenty-four hours after their arrival, the lawful duration of their stay may be extended a reasonable period b}^ the neutral authorities. 18. Belligerent ships of war which have taken fuel, victuals, and ship's supplies in a port of a neutral power can not within the succeeding three months replenish their supply in a port of the same power. - REPAIRS. See also treaties 19, In ucutral ports aud roadstcads belligerent ships of ■»vith Bolivia, IS-iS, ^ , or Txew Granad^f ^^^ ^^^ Carry out such repairs only as are absolutely nec- i84ii art. 9; Nor- essary to reiidcr them seaworthy, and can not add in any way(seeSweden); *• '; ' _ "^ sweJen,i7S3,art. manner wliatsocverto theiriighting force. The authorities of the neutral power shall decide what repairs are to be made and these must be carried out with the least pos- sible delay. EXTRAXCE WITH PRIZE. See also treaties 20. A prizc cau be brouglit into a neutral port only on Tvitn >sor\vav(see '■ ^ '=' l ^ Sweden); "Pnis- accouut of uuseaworthiness, stress of weather, or want sia, 1799, art. 19; ' ' Sweden, 1783, art. of lUcl Or prOVisiOUS. 21. It must leave as soon as the circumstances which justified its entry are at an end. ANNOUNCED NEUTRALITY REGULATIONS. 22. United States naval officers must observe the regu- lations of neutrality announced by neutral nations. '"Hospitality extended in the waters of the Republic of Panama to a belligerent vessel of war or a vessel belligerent or neutral, whether armed or not, which is employed by a belligerent power as a transport or fleet auxiliary or in any other way for the direct purpose of prosecuting or aiding hostilities, whether by land or sc>a, shall serve to d8- prive such vessel of like hospitality in the Panama Canal Zone for a period of three months, and vice versa. (Agreement of October 10, 1914, hot ween the I'nited States and Panama, reganling mutual obligations as neutrals.) SECTION II. CONTRABAND. GENERAL. 23. Ill the absence of notice of change which the Gov- ernment of the United States may make at the outbreak of or during war, the foUowing chissification and enumera- tion of contraband will govern commanders of ships of war. COXTRABAXD LIST. 24. The articles and materials mentioned in the fol- „.^jfif^f?.'j'^^^^|^ lowing paragraphs (a), (b), (c), and (d), actually destined ^;;fg^^"; coio'mwa to territory belonging to or occupied by the enemy or toj^^^^^^ f^.\- l^^- armed forces of the enemy, antl the articles and niate- J:'^;.gj^°r^^''^yp|.f«^ rials mentioned in the following paragraph (e) actually |\''^.'J;^'^'j-^^J,3^J;-^' destined for the use of the enemy Government or its^- armed forces, are, unless exempted by treaty, regarded as contraband. (a) All kinds of arms, guns, ammunition, explosives, and machines for their manufacture or repair; com- ponent parts thereof; materials or ingredients used in their manufacture; articles necessary or convenient for their use. (6) ^Vll contrivances for or means of transport aion on land, in the water or air, and machines used in their manu- facture or repair; component parts thereof; mat-e rials or ingredients used in their manufacture; instruments, arti- cles or animals necessary or convenient for their use. (f) All means of conmuinication, tools, implements, instruments, equipment, maps, pictures, papers and other articles, machines, or documents necessar}^ or con- venient for carrying on hostile operations. (d) Coin, ])uIlion, currency, evidences of de})t ; also metal, materials, dies, plates, machinery or other arti- cles necessary or convenient for their manufacture. (e) All kinds of fuel, food, foodstuffs, feed, forage, and clothing and articles and materials used in their manu- facture. XOXCOXTKABAXD. 25. Articles and materials even though enumerated in „.if hR''ofhia**i«? paragraph 24, if exemi)ted, by special treaty pi"ovisions,^j;!g^^?'(i^'^^'°'j^'^f axe not regarded as contraband. J**?' ?J}; ^f- '^ Italv. IS.l, art. !•'> Xorwav (see Sweden); Swedeu, 17S3, arts. S, W. 15 SECTION III. BLOCKADE. EXTENT AND LIMITATIONS. PariMssMn"."; -^- "^ blockade must be limited to the ports and coasts iMa!is5rart^i8;^^^^-^o^^^S ^o OF occupied bj tlie eiiemj; must not bar Granada) ^mQ ^^cess to iicutriil poi'ts or coasts. A blockade, to be bind- is7i/aniI'i3fi4;'^^o' must be effective. A blockade must be applied dZ^^^fcefei^^q^^^^^"^^ to tl^6 ^l^ips of all nations. i783,art.io. (j^q^ declaration by naval officer, see Form Xo. 1; for notification to be made to the local authorities of the blockaded region, see Form No. 2.) EFFECTIVENESS. 27. The blockade, to be effective and binding, must be maintained by a force sufficient to render ingress to or egress from the port dangerous. If the blockading ves- sels be driven away by stress of weather and return there- after without delaj' to their station, the continuity of the , blockade is not thereby broken. The blockade ceases to be effective if the blockading vessels are driven away by the enemy or if they voluntarily leave their stations, ex- cept for a reason connected with the blockade; as, for instance, the chase of a blockade runner. As the suspension of a blockade is a serious matter, in- volving a new notification, commanding officers will ex- ercise especial care to preserve the continuity and effect- iveness of the blockade. NOTIFICATION TO NEUTRALS. tie^s^withBoii^ia' -§• Ncutral vesscls are entitled to notification of a lombTa' f]fg-ew blockade boforc they can be made prize for its attempted a7t*2onaiv i87i'^^olation. The character of this notification is not ma- ??ee ifw^denT ^^^^^b It may be actual, as by a vessel of the blockading i^'^"*V*ussia"'i828' ^orce, or constructive, as by a proclamation or notice of an'ixorwav^isl" ^^^^ government maintaining the blockade, or by common art. 18. ■' 'notoriety. (See Form No. 3.) LIABILITY OF VESSELS. 29. Blockade running is a distinct offense which sub- jects the vessel attempting to connnit it, or saihng with intent to commit it, to capture without regard to the nature of lior cargo. 30. If a neutral vessel attempting to enter a blockaded port has had notice of tiic blockade in i\ny way, she sliall 16 MARimiE WARFARE. 17 be captured and sent in for adjudication; but should for- mal notice not have been given, the rule of constructive knowledge arising from notoriety should bo construed in a manner liberal to the neutral. Vessels appearing bo- fore a blockaded port, having sailed without notification, are entitled to actual notice by a blockading vessel, (See Form No. 3.) The boarding oflicer shall enter in the log and the document fixing the vessel's nationality thef act of sucli notice, the extent of the blockade, the date, the geographical position, and the name of the blockading vessel, verified by liis ofhcial signature; and shall furnish the master with a copy of the blockade proclamation. The vessel is then to be set free. Should she again at- tempt to enter the same or any other blockaded port as to which she has had notice, she is good prize. 31. The liability of a blockade runner to capture and and condemnation begins and terminates with her voy- age. If there is good evidence that she sailed with intent to evade the blockade, she is liable to capture from the moment she appears upon the high seas. If a vessel has succeeded in escaping from a blockaded port, she is liable to capture at any time before she completes her voyage. But with the termination of the vovagc the offense ends. SPECIAL PRIVILEGES. 32. Vessels of war of neutral powers have not the positive right of entry to a blockaded port. They should, however, as a matter of courtesy, when practicable, be allowed free passage to and from a blockaded port. Per- mission to visit the blockaded port is subject to any con- ditions as to length of stay or otherwise that the senior officer of the blockade may deem necessary and expedient. 33. In circumstances of urgent distress beyond the possibilit}' of relief by the blockading force, a neutral vessel may be permitted to enter a place under blockade and subsequently to leave it under conditions prescribed by the commanding officer of the blockading force. SPECIAL RULES. 34. Blockading officers shall observe the terms of spe- cial rules adopted by the United States Government re- garding days of grace and conditions of lading permitted to neutral vessels that find themselves within the limits of blockade at the time the blockade is established. 10G995— 17 2 SECTION IV. UNFEUTEAL SERVICE. DEFINITIOX. 35. Unneutral service is service rendered by a neutral to a belligerent contrary' to international law. It is in its nature indirect or direct. IXDIEECT UNNEUTEAL SERVICE. witrciifna/fi&e^ 36. A neutral vessel is guilty of indirect unneutral service and may be sent in for adjudication as a neutral vessel liable to condemnation — (a) If she specially undertakes to transport individual passengers who are embodied in the armed forces of the enemy and who are en route for militar}' service of the enemy or to a hostile destination, or transmits intelli- gence in the interest of the enemy whether by radio or otherwise. (b) If, to the knowledge of the owner, or the charterer, or of the agents thereof, or of the master, she is trans- porting a military detachment of the enemy, or one or more persons wlio are embodied in the military or naval service of the enemy and who are en route for military service of the enemy or to a hostile destination, or one or more persons who, during the voyage, lend direct assistance to the enemy, or is transmitting information in the mterest of the eneni}'- by radio or otherwise. 37. The above provisions do not apply if, when the vessel is met at sea, she is unaware of the existence of a state of war, or if the master, after becoming aware of the opening of hostilities, has not yet been able to dis- embark the passeiigers. 38. The vessel is deemed to be aware of the existence of a state of war it she left an enemy port alter the open- ing of hostilities, or left a Jieutral port after the publi- cation there of the notification to the neutral power to whicli the port belongs of the opening of hostilities. 18 MARlXniF. WARFARE. 19 DIRECT UNNEUTRAL SERVICE. 39. A noutral vossol is jruiltv of direct luiiunitral '^ee also treaty , , 1 1 ■ 1 , , "ith China, isrA, service and nvdj not only be captured but may bea'-t.2(5. treated as an enemy mercliajit vc'ssel— (a) If she takes a direct part in the hostilities; (b) If she is urnU'r th(^ orders or under the control of an agent placed on board by the enemy Government; (c) If she is wholly chartered by or iji the exclusive employment of the enemy (loverjiment; (d) If she is at the time exclusively engaged in, or wholly devoted to, either the transport of enemy troops or in the transmission of ijiformation in the interest of the enemy by radio or otherwise. SECTION V. TEIEGEAPHIC COMMUNICATIONS. SUBilARIXE CABLES. 40, Unless under satisfactory censorship or otherwise exempt, the following rules are established mth regard to the treatment of submarine telegraph cables in time of war, irrespective of their ownership. (a) Submarine telegraph cables between points in terri- tory belonging to or occupied by the enemy or between such territory and territory of the United States are sub- ject to such treatment as the necessities of war may recpiire, (b) Submarine telegraph cables between points in terri- tory belonging to or occupied by the enemy and neutral territory may be interrupted within the territorial juris- diction of the enemy or at any point outside of neutral jm-isdiction, if the necessities of war require. (c) Submarine cables connecting an occupied territory mth a neutral territory shall not be seized or destroyed except in the case of absolute necessity. Tliey must likewise be restored and compensation shall be fixed when peace is made. (d) Submarine telegraph cables between two neutral territories shall be held inviolable and free from inter- ruption. KADIO TELEGRAPHY. 41 . The commander of a naval force may regulate, or, if necessary, prohibit, the use of radio apparatus by all ves- sels within the immediate area of operations of the force under his command. (See Form 4.) He may take such measures as will assure the effective- ness of the regulation or prohibition, even to the extent of requiring that tlie apjiuratus be dismantled, or in case of doubt of the observance of good faith, the apparatus may be seized. As to use of radio apparatus to aid the enemy, see paragraphs 36 and 39, 20 SECTION VI. VISIT AND SEARCH. WHERE AND WHEN EXERCISED. 42. The bolJiscront rij;ht of visit uiul search, subject to „,i- f,\^!;°^*^^'^g|^ cxomptioJis iiK^ntioiied in Section VII, may be exercised ^e^^^^[°sy_arf "'I; outside of neutral jurisdiction upon private vessels after tiie beginning of w^ar in order to determine their nation- ality, the port of destination and departure, the character of their cargo, the nature of their cmplo^TDent, or other facts which bear on their relation to the war. METHOD or EXERCISE. 43. The right should be exercised with tact and con- see also treaties sideration, and in strict conformity with treaty pro-Tws, an. 2iTco' 1 .1 • , " lombia(Xew Gra- visions, where they exist. nada), i846, art. 44. Subject to any special treaty provisions the f ol- arts, is? ^; Prus- lowing procedure is directed: Before summonhig a ves-N-oVwayCseeSw^ sel to lie to, a ship of war must hoist her own national its,' arts. Tl, 25! flag. The summons shall be made by firing a blank charge (coup de semonce), by other international signal, or by both. The summoned vessel, if a neutral, is bound to stop and lie to, and she should also display her colors; if an enemy vessel, she is not so bound, and may legally even resist by force, but she thereby assumes all risks of resulting damage. 45. If the summoned vessel resists or takes to flight she may be pursued and brought to, by forcible measures, if necessary. 46. "\Mien the summoned vessel has brought to, the ship of war shall send a boat with an officer to conduct the visit and search. If practicable, a second officer should accompany the officer charged with the examina- tion. There may be arms in the boat, but the boat's crew shall not have any on their persons. The officer (or officers), weanng side arms, may be accompanied on board b}" not more than two unarmed men of the boat's crew. 47. The boarding officer shall first examine the ship's papei's in order to ascertain her nationality, ports of 21 22 MAPJTIME WAEFAEE. departure and destination, character of cargo, and other facts deemed essential. If the paperc fm"nish conclusive evidence of the innocent character of vessel, cargo, and voyage, the vessel shall be released; if they fui'nish probable cause for capture she shall be seized and sent in for adjudication. 48. If the papers do not furnish conclusive evidence of the innocent character of the vessel, the cargo, and voyage, or probable cause for capture, the boarding officer shall continue the examination by questioning the personnel or by searching the vessel or by examining her cargo. If such fm'ther examination furnishes satisfac- tory evidence of innocency, the vessel shaU be released; othenvise she shall be seized and sent in for adjudication. 49. Tne boarding officer must record the facts concern- ing the visit and search upon the log-book of the vessel visited, including the date when and the position where the visit occmTed. This entrj^ in the log must be made whether the vessel is held or not. (See Forms 5, 6, and 7.) PAPERS. See dso treaties 50. Tuc papers wliicli will generally be found on vnth Bolivia, ^^ * -^ 1S58 art 22: Co- board a private vessel are (see Appendix II): lombia (New ^ ^ rx Granada), 1846, 1. Tuc Certificate of registry or nationality. art. 22; Italy, o J J 1871. art. 17; Nor- 2. A Certified bill of sale, or certificate thereof didy way (see Swo- _ _ ' _ ^ ^}-3)'' . ?,^?.^*^"' authenticated, in the absence of certificate of registry or li83,art. 11; Pnis- . ' o J sia, 1799, art. 11. nationality, or in the case of a vessel which has recently been transferred from enemy to neutral ownership. 3. Tne crew list. 4. Tne passenger list. 5. The log book. 6. The biU of health. 7. The clearance papers. 8. The charter party, if chartered. 9. Invoices or manifests of cargo. 10. Bills of lading. The evidence furnished by the papers against a vessel is conclusive, llegularity of papers and evidence of the innocence of cargo or destination furnished by them are not necessarily conclusive, and if doubt exists a search of the ship or cargo should be made to establish the facts. If a vessel has deviated far from her direct com'se, this, if not satisfactorily explained, is a suspicious circumstance wan'anting search, however favorable the character of the papers. SECTION VII. LIMITATIONS ON VISIT AND SEARCH. CONVOY. .■)!. Xoiitrul vessels luulor convoy of vessels of war of „.fj^*^'^"^^j,*if^g their own nationality are exempt from search. The com-l,^^!*,',.^^^- ^{^H^, mander of the convoy gives orally or in writing, at the ^;^t^"'^^> jj^; request of the commander of a belligerent ship of ^var,J^?[J.'^Jg^^=^^^ all information regard hig the vessels and tlieir cargoes ^-®^>:jj^^ g"|^^^' which conld be obtahied by visit and search. den, itw, art.12. 52. If the commander of the United States vessel has reason to suspect that the commander of the convoy has been deceived regarding the innocent character of any of the vessels (and their cargoes or voyages) under his con- voy, the former officer shall impart his suspicions to the latter. In such a case it is to be expected that the com- mander of the convoy will undertake an examination to establish the facts. The connnander of the convoy alone can conduct this investigation, the officers of the United States visiting vessel can take no part therein. .5.3. The commander of the convoy may be expected to report the result of his investigation to the commander of the United States vessel. Should that result confirm the latter's suspicions, the former may further be ex- pected to withdraw his protection from the suspected vessel; whereupon she shall be made a prize by the com- mander of the United States vessel. 54. Any vessel under convoy of a vessel o( war of an enemy is liable to capture. SEARCH OF NEUTRAL MAIL VESSELS. 55. The inviolability of certain postal correspondence does not exempt a neutral mail ship from the laws and customs of maritime war as to neutral merchant ships in general. 23 SECTION VIII. NEUTEAL OE ENEMY CHAEACTEE. CHARACTEE OF VESSEL. See also treaties oG. The neutral OF enemy character of a private vessel with Argentina, . • i i i 1853, art. 7; Bel- is determined by the neutral or enemv character of the gitmi, IS/o, art. 9: •' . - Boiivia,is58, arts. State whose flasi; the vessel has a right to flv as evidenced W, 22; Colombia '^ » . (New Granada), bv her papers. 1846, arts. 1.5, 22: • ^ ^ Italv. 1871, art?. ^i-^Va^^P^'rway TRANSFER OF FLAG BEFORE HOSTILITIES. (see Sweden): ii-^sweden,' 1783; 57. The transfer of a vessel from one flag to another is '^ ■ ' ■ valid when completed previous to the outbreak of war in which the State of the vendor is a belligerent, pro- vided the transfer is made in accordance with the laws of the State of the vendor and the State of the vendee. TRANSFER OF FLAG DURING HOSTILITIES. 58. The transfer of a private vessel of a belligerent to a neutral flag during war is valid if in accordance with the laws of the State of the vendor and of the vendee, provided that it is made in good faith and is accompanied by a payment sufficient in amount to leave no doubt of good faith: that it is absolute and unconditional, with a complete divestiture of title by the vendor, with no con- tinued interest, direct or indirect, of the vendor, and with no right of repurchase by him; and that the ship does not remain in her old employment. CHARACTER OF CARGO. ^ 59. The neutral or enemy character of merchandise found on board an enemy private vessel is determined by the neutral or «nemv commercial domicile of the owner, whether the owner be an individual, a firm, or a corporation. In the absence of })roof of tlie neutral character of goods found on board an enemy vessel, they are presumed to be enemy goods. 60. Articles which arc products of the soil of an enemy country and shij)ped therefrom after the outbreak of 'See also Section II "Contraband," and parajraph 7«. 21 MARITIME WARFARE. 25 war, are impressed with tlie enem}- character of the territory although the owner may be domiciled or resi- dent in a neutral country. 61. Enemy goods on board an enemy vessel retain their enemy cliaracter, notwithstanding any transfer effected after the outbreak of hostilities. If however, prior to capture, a former neutral owner exercises on the bankruptcy of the enemy owner a recognized legal right to recover the goods, they retain their neutral character. SECTION IX. LIABILITY TO CAPTURE. EXEMY VESSELS. 62. Enemy vessels are liable to capture outside of neu- tral jurisdiction. 63. The following when innocently employed are ex- empt from capture: (a) Cartel ships designated for and engaged in exchange of prisoners. (h) Vessels charged with rehgious, scientific, or phi- lanthropic mission-. ■(c) Properly designated hospital ships, wfr ifaTv ^Tsyf ^^^-^ ^ tassels exempt by treaty or special proclamation. arts. 12, 14.' ' (g) Small coast (not deep-sea) fishing vessels and small boats employed in local trade. 65. The fishing vessels and small boats referred to in article 63 (e) may be subjected to special regulations imposed by the United States naval commander oper- ating in the vicinity. They are liable to capture if such regulations be disobeyed or if they engage in any under- taking prejudicial to United States military operations by land or sea. XEUTRAL VESSELS. 64. A neutral juivate vessel is in general hable to cap- ture if she — (a) Attempts to avoid visit and search by flight, but this must be clearly evident; or resists with force. (b) Presents irregular or fraudulent papers, or lacks necessary papers, or destroys, defaces, or conceals papers. (See for detailed provisions as to papers, paragraph 51; also Appendix II (III). tie^«*wiih Hoih-la" ^^^ Carries contraband, exce])t when permitted by lonibif'' ^^('x^w t^'^^^y ^^ surrender C' deliver up," "deliver out") the art^T9|''^S'orwiy contraband to the ca])tors. (See Forms 8 to 10.) I'mssia ^i799^a"rt'' ^^^ ^^^^ broken or has attempted to break a blockade, ari.^ir"^'"' ''^''' (^ee Sec. Ul.y 1 See also treaties with Holivia, la^S, art. 20; Colombia (New (iranada) IWi, art.'20; Oree-e, 1K<7, art. 10; Italy, 1^71, art. 11; Norway (see Sweden); I'russia, 1828, iirt.;i:i; Sweden. 1827, art. IS. 26 MAKITIML WAIUWKE. 27 (e) Has oiigagod in unneutral service. (See Sec, IV.) Of) Is under enemy convo}^- or under neutral convoy to avoid rightful capture. 65. If a neutral vessel, ineL at sea with contraband desthied to the enemy, is unaware of the existence of a state of war or of a declaration of contraband which applies to her cargo, the vessel shall, as a rule, be sent in for adjudication, and though tlie cargo may not be liable to condemnation it may be detained or requisitioned. (See Form No. 7.) 66. A vessel is deemed to be aware of the existence of a state of war or of a declaration of contraband if she left a netitral port after sufficient time had elapsed for the publication there of the notification of the opening of hostilities to the neutral power to which the port belongs, or for the publication there of the contraband lists pro- claimed by the United States, respectively. A vessel is also deemed to be aware of the existence of a state of war if she left an enemy port after the war began. ^ FREE SHIPS, FREE GOODS. 67. ''The neutral flag covers enemy goods with the ex- .see also Tre»- ° *' ^ . ties with HoliYia, ception of contraband of war." (Declaration of Paris iws arts. 1.5. i6; '■ Culombia (New 1856, art. 2.) Granada) 1846, ' ,T 1 1-11 • n 11 ^'■^^- ^■^' ^^'' ^^'^'y- 68. JNeutral goods, with the exception of contraband i?7i, arts. 12 ic; P ' , - _ Norway (--^eeSwe- of war, arc not liable to capture under the enemy's nag.' den); t^ern, isoo, ,T-x 1 • ,. -r-. • JO art. 1; Trii?sia, (Declaration of Pans. 1856, art. 3.) i7S5, art. 12; itus- sia, 1S54, arts. 1, 2: Sweden, ITSi, CARRIAGE OF COXTRABAXD. ^^^- "' '^• 69. Contraband, in paragraph 24 (a), (h), (c), and ((/), is liable to capture if its actual destination is the terri- tory belonging to or occupied by the enemy, or the armed forces of the enemy. It is immaterial whether the car- riage of the contraband to such actual destination be direct in the origbial vessel or involve trans-shipment or transport overland. (See paragraph 67 above and ref- erences.) 70. Contraband, in j)aragraph 24 (e), is liable to cap- ture if it is actually destined for the use of the enemy government or its armed f(n*ces. It is immaterial whether the carriage of contraband be direct in the origuial ves- sel, or involve trans-shipment or transport overland. 28 MARITIME WAEFAEE. PRESUMPTION AS TO DESTINATION. 71. A destination for the use of the enemy government or its armed forces referred to in paragraph 70 is pre- simied to exist if the contraband is consigned — (a) To enemy authorities. (h) To a port of equipment or supply of the armed forces of the enemy or other place serving as a base for such armed forces, (c) To a contractor or agent in enemy territory who, b}' common knowledge, supplies articles of the kind in question to the enemy authorities. 72. A destination to territory belonging to or occupied by the enemy or to the armed forces of the enemy, re- ferred to in paragraph 69, is presumed to exist if the con- traband is consigned "to order," "to order or assigns," or with an unnamed consignee, but in any case going to territory belonging to or occupied by the enemy, or to neutral territory in the vicinity thereof. UNITED STATES VESSELS IN ENEMY TRADE. 73. Any vessel of the United States found engaged in trade of any kind with the enemy without a license so to do from the President of the United States or his duly authorized agent shall be captured and sent in for adju- dication. Any vessel of the United States that is found trading under a license issued by the enemy shall be cap- tured and sent in for adjudication. SECTION X. COLORS TO BE DISPLAYED ON PRIZE. 74. The act of capture shall be signified by hoisting the United States flag on board the vessel seized. 75. In case the prize is an enemy vessel, the flag of the United States shall be flown at the usual place (peak or staff) over the enemy flag. 76. If the prize is a neutral vessel, the neutral flag shaU be flown as usual until she is adjudged to be a law- ful prize by a competent court; the flag of the United States, however, shall be exhibited at the fore to indicate that she is for the time in the possession of officers of the United States. 77. Whenever the colors are displayed, the procedure of the two preceding paragraphs shall be followed there- after during the passage of the prize to the United States port and while under the control of the prize master in such port. (See par. SO, post.) 29 SECTION XL EESPONSIBILITY OF CAPTURING OFFICER. RESPONSIBILITY. 78. An officer making a capture is held by the courts of the United States to be personally liable in damages unless the capture made by him is for probable cause. ^ 79. Probable cause is defined by the Supreme Court of the United States as follows: Probable cause exists where there are c-ircun>stances sufficient to warrant suspicion, though it may turn out that the facts are not suffi- cient to warrant condemnation. And whether they are or not can not be determined unless the customary proceedings of prize are instituted and enforced. (Per Chief Justice Fuller in Olinde Rodriguez, 174 U. S., 510. 1899.) * * * The term "probable cause," according to its usual accepta- tion, means less than e\-idence which would justify condemnation; and in all cases of seizure has a fixed and well-known meaning. It imports a seizure made tmder circumstances which warrant suspicion. (Per Chief Justice Marshall in Locke v. U. S., 7 Cranch, 339. 1813.) I When, ill any prosecution commenced on account of the seizure of any vessel, goods, wares, or merchandise made by any collector or other oll'cer under any act of Congress authorizing such seizure, judgment is rendered for the claimant, but it appears to the court that tliere was reasonable cause of seizure, the court shall cause a [iroper certifi- cate thereof to be entered, and the claimant shall not in such cuse be entitled to costs, nor shall the person who made the seizure, nor the prosecutor, be liable to suit or judg- ment on account of such suit or prosecution: Providtd, That the vessel, goods, wares, or merchandise be, after judgment, forthwith returned to such clainir.nt or his agent. (Rev. Stat., sec. 970.) 30 SPXTION XII. TREATMENT OF VESSEL, GOODS, POSTAL CORRE- SPONDENCE, OFFICERS, CREW, AND OTHER PERSONS ON BOARD. SEXDING PRIZES IX. 80. Except under extraordinary circumstances, prizes, see also treat- ' -^ . ' I les with Bolivia, shall be sent promptly to a port within the jurisdiction I'^^s. art. 24: co- 1 A . 1 J 1 m 1) I a ( N e w of the United States for adjudication. (See Section Granada,) is4«i, ■> ^ art. 24; Norway XIII )* (see Sweden); •^ Prussia, 1799, In general, a prize master with a crew shall be sent a^^- ,1^-21; Swe- o 'J- den, liSi, art. I'J. on board the prize for this purpose. If for any reason this is impracticable, a prize may be escorted into port by the capturing vessel or by another vessel of war of the United States or of an ally. In this exceptional case the prize shall be directed to lower her flag and to steer according to the ordere of the escorting vessel of war. The prize must obe}^ the instructions of the escorting vessel, under pain of forcible measures. 81. The procedm-e prescribed by the Revised Statutes shall be observed: Sec. 4515. The commanding officer of any vessel making a capture shall sernre the documents of the ship and cargo, including the log book, with all other documents, letters, and other papers found on board, and make an inventory of the same and seal them up and send them, with the inventory, to the court in v.-hich proceedings are to be had, with a written statement that they are all the papers found and are in the condition in which they were found; or explaining the absence of any documents or papers or any change in their condition. He shall also send to such court, as witnesses, the master, one or more of the other oflicers, the supercargo, purser, or agent of the prize, and any person found on board whom he may suppose to be interested in, or to have knowledge respecting, the title, national character, or destination of the prize. He shall send the prize, with the docu- ments, i)apers, and witnesses, under charge of a competent prize master and prize crew, into port for adjudication, explaining the ab- sence of any usual witnesses; and in the absence of instructions from superior authority as to the port to which it shall be sent he shall select such port as he shall deem most convenient, in ^■iew of the interests of probable claimants as well as of the captors. If the cap- tured vessel, or any part of the captiu'ed property, is not in condition to be sent in for adjudication, a survey shall be had thereon and an appi-aiseiuent madi- l>y ix^r.*ous as competent aiul inip.utial a.> can be :]l 32 MAEITIME WAEFAEE. obtained, and their reports siiall be sent to the court in which pro- ceedings are to be had; and such property, unless appropriated for the use of the Government, shall be sold by the authority of the com- manding officer present, and the proceeds deposited with the Assistant Treasurer of the United States most accessible to such court and sub- ject to its order in the cause. * * * * «• Sec. 4617. The prize master shall make his way diligently to the selected port and there immediately deliver to a prize commissioner the documents and papers, and the inventory thereof, and make affi- davit that they are the same and are in the same condition as delivered to him, or explaining any absence or change of condition therein, and that the prize property is in the same condition as delivered to him, explaining any loss or damage thereto; and he shall further report to the district attorney and give him all the information in his possession respecting the prize and her capture; and he shall deliver over the persons sent as witnesses to the custody of the marshal and shall retain the prize in his custody until it shall be taken therefrom by process of the prize court. 82. If circumstances permit, it is preferable that the officer making the search should act as prize master. 83. Attention is directed to articles 16 and 17 of the Articles for the Government of the Navy (sec. 1624, Rev. Stat.), which read: Art. 1G. No person in the Navy shall take out of a prize or vessel seized as a prize any money, plate, goods, or any part of the equip- ment, unless it be for the better preservation thereof, or unless such articles are absolutely needed for the use of any of the vessels or armed forces of the United States, before the same are adjudged lawful prize by a competent court; but the whole, without fraud, concealment, or embezzlement, shall be brought in, in order that judgment may be passed thereon, and every person who offends against this article shall be punished as a court-martial may direct. Art. 17. If any person in the Navy strips off the clothes of or pil- lages, or in any manner maltreats any person taken on board a prize, he shall suffer such punishment as a court-martial may adjudge. (Sec. 1624, Rev. Stat., 1878.) CONVERSION TO PUBLIC USE. 84. By the Revised Statutes captured vessels may be taken for the use of the United States. Section 4624, Revised Statutes, reads as follows: Whenever any captured vessel, arms, munitions, nv other material are taken for use of the United States before it comes into the custody of the prize court, it shall be surveyed, appraised, and inventoried by persons as competent and impartial as can be obtained, and the survey, api»rai.»'ement, and inventory sliall ho sent to the court in which pro- ceedings are to be had; and, if taken afterwards, sufficient notice sliall first be given to enable the court to have the property appraised for the protection of tlie rights of the claimants and captors. In all cases MARITIME WARFARE. 33 of prize property taken for or appropriated to the use of the Govern, ment the department for whose use it is taken or approjiriated shall deposit the value thereof with the assistant treasurer of the United States nearest to the place of tlie session of the court, subject to the order of the court in the cause. (Section 4G24 R. S., 1878.) 85. While any prize may thus bo loo:ally converted to immediate ])ul)lic use, and wouhl l)e ui\der compelling circumstances, it is inadvisil)l<» so to convert neutral property taken as prize, because if the prize court fails to condemn the property indemnification for the con- version to public use may be the suliject of a claim. RELEASE OX VOLUNTARY DELIVERY OF CONTRABAND. 86. If, under the provisions of a treaty between the see also treaties United States and his country, the master of a vessel art. 19; coiomwa agrees to deliver and does deliver the contraband cargo 1846, art." 19; Nor^ to the commander of the ship of war, the vessel, as ad/n); ^^russla^ rule, shall not be sent in for adjudication. Any contra- den,' nss, art. 13! band cargo so delivered shall ])e accompanied by an inventory, and a receipt therefor shall be given for the protection of interested parties. The vessel shall there- upon be released. If circumstances preclude such delivery of the contraband cargo, the vessel should in general be sent in. (See Forms Nos. 8, 9, 10.) MAIL STEAMERS AND POSTAL CORRESPONDENCE. 87. The genuine postal correspondence of neutrals or belligerents, found on board a neutral or enemy ship at sea, is inviolable. If the ship is detained, such postal correspondence is to be forwarded by the captor with the least possible delay. The provisions of the precodhig paragraph do not apply, in case of violation of blockade, to correspondence destined for or proceeding froni a blockaded port. SS. Neutral mail ships are subject to the laws and customs of maritime war applicable to neutral merchant ships in general. ENEMY MILITARY PERSONS ON BOARD NEUTRAL VESSELS. 89. As to treatment of vessels outside of neutral juris- see also treaties diction and carrving persons embodied in the military isjs, art. 16: co'- p ,i " I . , ■ • „ , . lombia, (New service 01 the enemy, unless treaty provisions allow their oranada), is4(5. removal from the neutral vessel and the release of the is'i, art.' 16; xo'r- vessel herself thereupon, see paragraphs 36, 39. deli): ^^Prusria" r»r\ rpi, r ^ / • V ^^ ^ 1785, art. 13; Swe- 90. the persons referred to m paragraph 89 must be den, i:s3, art. r. actually embodied in the military service of the enemy. 106995—17 3 34 MAEITTME WAEFAEE. Reservists or other persons subject to military duty but not formally incorporated in military service are not included. 91. Persons on board captured vessels who are actually embodied in the military forces of the enemy may be made prisoners of war. 92. The captain, officers, and crew of an enemy mer- chant ship which has resisted capture may be made prisoners of war. 93. The United States may give the same treatment to nationals of enemy or neutral countries who legally come into the power of the United States by capture on the high seas that it gives to enemy or neutral nationals within its territory or jurisdiction. SECTIOX XIII. DESTRUCTION OF PRIZES. 94. An enemy ship made prize may ])e destroyed by the capturing officer in case of military necessity, when the vessel can not be sent or brought in for adjudication. 95. Engaging in unneutral service as defined in para- graph 39 stamps a neutral vessel with hostile character, and such a neutral vessel made prize may be destroyed by the capturing officer in the case of militar}- necessity, when the vessel can not be sent or brought in for adju- dication. 96. Owing to the serious resp(»nsi})ility involved, a neutral vessel not engaged in unneutral service as deiined in paragraph 39, must not be destroyed by the capturing officer save in case of the gi'avest military emergency which woidd not justify him in releasing the vessel or sending it in for adjudication. If circum- stances permit, it is preferable to appraise and sell the prize, as provided in section 4615, Revised Statutas (see^ page 28) rather than to destroy it.^ 97. In no case after a vessel has been brought to may it be destroyed until after visit and search has been made and all persons on board have been placed in safety, and also, if practicable, their pei'sonal effects. jUI the documents, letters, and papei"s found on board the prize shall be taken on board the capturing vessel of war and be inventoried and sealed in accordance with the procedure of section 4615, Revised Statutes (see page 28) for delivery to the prize coiu't, with especial view to the protection of the interests of the owners of any innocent neutral cargo on board. AU mails on board should be saved so far as possible and practicable. (See par. 39, Foim 12, Appendices II, III.) REPORT OF DESTRUCTION OF PRIZE. 98. Every case of destruction of prize shall be re- ported to the Navy Department at the earliest practicable moment. • As to destruction, see also section 4625, Revised Statutes, which reads in part: •'If by reason of the condition of the captured property, or if because the whole has been appropriated to the use of the United States, no part of it ha,s been or can be sent in for adjudication, or If the property has been entirely lost or destroyed, proceedings or adjudication may be commenced. ♦ * * " 35 SECTION XIV. CAPTUEE OF PUBLIC VESSELS IN THE MILITARY SERVICE OF THE ENEMY. 99. By the fact of capture a public vessel in the military service of the enemy passes into the possession of the captor's Govenmient, in which title immediately vests. The vessel, therefore, becomes a public vessel belonging to the captor's Goveriunent and subject to its disposal. It is unnecessary to send a captured public vessel into port for adjudication. The vessel may be immediately converted to the use of the captor and sent to any port at his convenience, as a public vessel of the United States. The captured personnel shall be made prisoners of war, except the religious, medical, or hos- ])ital staff of the ship. 36 SECTION XV. BOMBARDMENT. LIMITATIONS ON BOMBARDMENT. 100. The attack or hombardmciit, by whatever means, of towns, villages, (hvellings, or buildings which are undofoiuled is prohibited. NAVAL BOMBARDMENT, 101 . The bombardment by naval forces of undefended ports, towns, villages, dwellings, or buildings is for- bidden. 102. A place can not be bombarded solely because automatic submarine contact mines are anchored olT the har])or. MILITARY WORKS NOT EXEMPT. 103. Military works, military or naval establishments, depots of arms or war materiel, workshops or plants which could be utilized for the needs of the hostile fleet or army, and the ships of war in the harbor, are not, however, included in the foregoing prohibition. The commander of a naval force may destroy them with artillery, after a summons followed by a reasonable delay, if all other means are impossible, and wlien the local authorities have not themselves destroyed them within the time fixed. 104. The commander incurs no responsibility for any unavoidable damage wliich may be caused by a ])om- bardmeiit under such circumstances. PRECAUTIONS. 105. If military necessity demanding immediate action permits no delay, nevertheless the prohibition to bom- bard undefended towns holds go'od, and the commander shall take all rec[uisite measures in order that the town may suffer as little harm as possible . 37 38 MARITIME WARFARE. BOMBARDMENT FOR REQUISITIONS. 106. After explicit notice has been given, the bom- bardment of undefended ports, towns, villages, dwell- ings, or buildings may be proceeded with, if the local authorities, after a formal smnmons has been made to them, decline to comply with requisitions for provisions or supplies necessary for the immediate needs of the naval force before the place in question. 107. These requisitions shall be in proportion to the resources of the place. They shall only be demanded in the name of the commander of the naval force, and they shall, as far as possible, be paid for in cash; if not, they shall be acknowledged by receipts. NO BOMBARDMENT FOR RANSOM. 108. The bombardment of undefended towns, villages, dwellings, or buildings on account of the nonpayment of money contributions is forbidden. PRELIMINARY MEASURES. 109. In bombardments by naval forces all necessary measures must be taken by the commander to spare as far as possible, buikUngs devoted to reUgion, to the arts and sciences, or to charitable purposes, historic monu- ments, hospitals, and places where the sick or womided are collected, on condition that thev are not used at the same time for military purposes. 110. It is the duty of the inhabitants to indicate such monuments, edifices, or places by visible signs, which shall consist of large stiff rectangular panels divided diagonally into two colored triangular portions, the upper portion black, the lower portion white. MILITARY EXIGENCY. 111. Unless the military exigencies will not permit the commander of the attacking naval force, before com- mencing the bombardment, must do his utmost to warn the authorities. , PILLAGE FORBIDDEN. 112. It is forbidden to give over to pillage a town or j)lace, even when taken by assault. SECTION XVI. GENEVA CONVENTION. 113. Officers wiU be governed by the provisions of Con- vention III, Hague, 1899, and Convention X, Hague, 1907. for the adaptation to maritime warfare of the principles of the Geneva Convention. 39 APPENDIX I. FORMS. FORM No. 1. (Referred to in art. 26.) DEOLARATIOX OF BLOCKADE. I hereby declare that at (give hour and date) the (give exact descrip- tion of the port or coast blockaded, with limits) is placed in a state of lilockade by a naval force under my command, and now is in such state. AH measures authorized by international law and by treaties with neutral powers to which the United States is a party will be enforced on behalf of the United States against vessels which may attempt to, or do, violate the Ijlockade. Vessels of neutral powers which are in the blockaded region are given a period of grace expiring at (give hour and date) in which to leave the blockaded region. This period of grace is gi-anted only on the express condition that such neutral vessels in leaving the blockaded region do not in any way violate the law of nations. Given on board the U. S. S. , at - (give locality), (give hour and date). (Signed) (Name) , (Rank) , U. S. Navy, (Title of officer declaring blockade) . FORM No. 2. (Referred to in art. 26.) NOTIFICATION OF THE DECLARATION OF BLOCKADE. (To be sent, under flag of truce, to the local authorities of the blockaded region.) (give name, rank, and title) has the honor to inform the local authori- ties of (the blockaded region), by means of this notification, that the blockade declared is now in effect. Copies of the notification of blockade are inclosed. The local authorities of the blockaded region are requested to notify the blockade immediately to foreign diplomatic and consular officers within the blockaded region,, and to furnish each of them with a copy of the declaration. Given on board the U. S. S. this (give hour and date). (Signed) (Name) , (Rank) , U. S. Navy, (Title of officer declaring blockade) 41 42 MARITIME WAEFAEE. FORM No. 3. (Referred to in arts. 28 and 30.) SPECIAL NOTIFICATION OF THE DECLARATION OF BLOCKADE TO NEUTRAL VESSEL. (To be written, not pasted, in the log of the neutral vessel and also upon the document fixing her nationality.) The (give name, nationality, and class of vessel, as steamer or sailing vessel) has this day been visited by me by direction of (give name, rank, and title of commanding officer of the blockading vessel), and her master has been notified of the existence of the blockade by the United States naval forces of (state region and limits of blockade) and has been furnished with a copy of the declaration of blockade. Entered (give hour, date, and geographical position when entry is made). (Signed) (Name) , (Rank) , U. S. Navy, Boarding Officer. (Signed) (Name) , Master. Note. — ^The master should also sign. FORM No. 4. (Referred to in art. 41.) DECLARATION OF PROHIBITION (RESTRICTION) OF RADIO SERVICE. I, the undersigned, de hereby declare that from o'clock — m. on the day of , 19 — , all vessels of whatever nationality proWded with radio appara- tus are prohibited from using the same apparatus within the immediate area of naval •operations from to (or within the area of the sea inside the circle drawn with radius as its center) for the following purposes: (1) UMention what are to be prohibited or restricted, according to the pro- (2) / A-isions of article.) I do further declare that the vessels which knowingly violate this prohibition {restriction) shall be liable to capture. Given on board U. S. S. , this day of , 19 — . Commander in Chief of Squadron, (Commanding JJ. S. S. .) MARITIME WARFARE. _ 43 FORM No. 5. (Referred to in art. 49.) ENTRY CONCERNING VISIT (AND SEARCH) IN LOG OF VISITED VESSEL. (To be written, not pasted, in the log.) The (give name, nationality, and class of vessel, as steamer or sailing vessel) has this day been visited by me at (give hour and date), by direction of (give name, rank, and title of commanding officer of the visiting vessel). I have examined the ship's papers concerning the vessel and her cargo, ])roduced by the master, which were found by me to be regular ' and to show that the voyage of the vessel is lawful. The circumstances have been reported to the said (give name, rank, and title of commanding officer of \isiting vessel), who has directed that the vessel be allowed to proceed on her voyage; or (in case of probable cause for capture) that the vessel be detained for the following reason (state reason, whether one of those noted immediately above, or any other, such as breach of blockade, or unneutral service, or great deviation from direct course, or any reason justifying detention). (Date of entry and signature follow.) The vessel is accordingly allowed to proceed on her voyage, by direction of the said (give name, rank, and title of commanding officer of the visiting vessel). Entered (give hour, date, and geographical position when entry is made). (Signed) (Name) ■ , (Rank) ; U. S. Navy, Boarding Officer. FORM No. 6. (Referred to in art. 49.) ENTRY OF PRIZE MASTER IN LOG OF PRIZE. (Entry must be written, not pasted, in the log.) By direction of (give name, rank, and title of commanding officer of the visiting (blockading) vessel), the • (give name, nationality, and class of \-isited vessel, as steamer or saihng vessel) has this day been captured for ■ (state reason, briefy) and has been placed in my charge as prize master, mth directions to take her to a United States port for adjudication. The officers and crew of the prize crew are as follows, namely, . Entered (give hour, date, and geographical position when entry is made), (Signed) (Name) , (Rank) • , U. S. Navj, Prize Master. ' Or to be irregular, or fraudulent, or defaoed, or incomplete, or in part destroyed, or in part concealed, or to show the presence of contraband, or to be apparently regular but, owing to suspicions having been aroused by (state reason), a search appeared to me to be warranted and was made, which resulted as follows (state re.sult). 44 MARITIME WAEFAEE. FORM No. 7. (Referred to in arts. 49 and 65.) ENTRY IX LOG OF VISITING VESSEL THAT SAILED WITHOUT KNOWL- EDGE OF THE EXISTENCE OF WAR OR A DECLARATION OF CON- TRABAND. (To be wi'itten, not pasted, in the log.) The (give name, nationality, and class of vessel, as steamer or sailing ves.sel) has this day been visited by me at — — — - (give hour and date) by direction of (give name, rank, and title of commanding officer of the \-isiting vessel). I have examined the ship's papers concerning the vessel and her cargo, produced by the master, which were found by me to show that the vessel has contraband in her cargo. I have further ascertained that the vessel sailed without knowledge of the outbreak of hostilities (delaration covering the contraband goods). The circumstances have been reported to the commanding officer of the IT. S. S. , who has directed the detention of the vessel. Entered (give hour, date, and geographical position when entry is made). (Signed) (Name) , , (Rank) , U. S. Xavij, Boarding Officer. FORM No. 8. (Referred to in arts. 64 and S6.) CERTIFICATE OF DELIVERY OF CONTRABAND CARGO IN ACCORDANCE WITH TREATY PROVISIONS. (In duplicate.) The (.2ive name, nationality, and class of vessel, as steamer or .sailing vessel) has this day been visited by me at (give hour and date) by direction of ■ (give name, rank, and title of commanding officer of the visiting vessel). I have examined the ship's papers concerning the vessel and her cargo, produced by the master, which were found by me to be regular and to show that the vessel has contra- band in her cargo. The master of the vessel having agreed to deliver and ha\'ing delivered the contra- band, in accordance with the provisions of the treaty of •, (date) between the L'nited States and (country to which vessel belongs), the vessel is accordingly allowed to proceed on her voyage, by direction of the said — • (give name, rank, and title of commanding officer of the visiting vessel). An inventory and receipt is appended. One copy of this certificate with appendix has been given to the master of the ■ (give name of visited vessel). (Si^ned"^ (Name) ■ , (Rank) — , U. S. Namj, Boarding Officer. Master. (hour and date of signature). MARITIME WART ARK. 45 FORM No. 9. (Referred to in arts. 64 and 80.) INVP:XT0RV AXD RFX EIPT for ("UXTRABAXD goods DELIVERKIj IX ACCORDAXCE WITH TREATY PROVLSIOXS BY A XEUTRAL VESSEL, WlTETiniR OR XOT AWARE OF THE EXISTEXCE OF WAR OR OF A DECLARATIOX COVERIXO COXTRABAXD. Copy of P.vrt.s of Shii>'.s Pai'eus Covering Sltcii CoNKT.\ii.\.N'u Cai;go. (Ill duplicate, to be appended to Form Xo. 8.) INVENTORY. (Give full description of contraband articles.) COPY OF .'illlP S PAPER.S COVERI.Vf; CONTRABAND CAItfiO. The undersigned, on behalf of the United States, acknowledges the receipt of the contral>and goods listed in the inventory above. (Signed) (Xame) —— . (Rank) , U. S. Navy, Commanding {Boarding) Officer. The undersigned certifies to the delivery of the contraband goods inventoried above, and that these are the only goods in the cargo known to him to be contraband by the declarations on the subject of contraband issued by the United States; and he further certifies that the .copy of the sliip's papers covering contraband goods is correct and gives all the knowledge concerning the contraband goods that the ship's papers contain. , (Signed) (Name) . Master. (give hour, date, and geographical position when signed). 46 MARITIME WARFARE. FORM No. 10. (Referred to in arts. 64 and 86.) CERTIFICATE OF IMPRACTICABILITY OF DELIVERY OF CONTRABAND CARGO IN ACCORDANCE WITH TREATY PROVISIONS. (In duplicate.) The (give name, nationality, and class of vessel, as steamer or sailing vessel) has this day been Aisited by me at (give hour and date) by direction of (give name, rank, and title of commanding officer of the \'isiting vessel). I have examined the ship's papers concerning the vessel and her cargo, produced by the master, which were found by me to be regular and to show that the vessel has contra- band in her cargo. The master of the vessel ha\'ing agreed to deliver the contraband, in accordance with the provisions of the treaty of (date) between the Ignited Statts and (country to which vessel belongs), such delivery being impracticable on account of (state reasons, such as bulk of cargo, or bad weather, or impossibility of re- maining long enough to have the cargo delivered), the vessel is, by direction of the said (give name, rank, and title of commanding officer of visiting vessel)^ detained and sent into port for adjudication. (Signed) (Name) , (Rank) , [/, S. Navy. (Signed) , Master. (hour and date of signature). FORM No. 11. (Referred to in art. f'O.) ENGAGEMENT OF NEUTRAL CAPTAIN OR OFFICER OF A CAPTURED ENEMY MERCHANT SHIP NOT TO SERVE QN AN ENEMY SHIP DURING THE WAR. (In triplicate.) I, a national of (name of neutral state), solemnly promise not to serve, while the war lasts, on board any ship whose nationality is that of an enemy of the United States. I acknowledge that it is upon condition of this formal promise that I am not held as a prisoner of war, although I have been serving on board the (name of vessel)^ a merchant ship of (name of enemy country). Done this day of , 19 — , on board the (name of vessel), at sea, in ('give geographical position). (Signed) (Name) , (Designation of title, as captain, first officer, or otherwise) . "Witness: (Name) , (Rank) . U. S. Navy. MARITIME WARFARE. 47 FORM No. 12. (Referred to in art. 106.) REPORT AS TO THE DESTRUCTION OF A PRIVATE VESSEL. On the day of 19 — , at o'clock — m., in latitude longi- tude , the undersigned , holding the rank of in the United States Navy and belonging to U. S. S. , came upon the of nationality, and after being assured that the persons on board the were removed to a safe place and after the papers of the were brought on board the U. S. S. proceeded to destroy the for the following reasons: . (Signed) (Name) , (Rank) , U. S. Navy. (Signed) , Master. (hour and date of signature). APPENDIX II. SHIP'S PAPERS, AMERICAN. No. 1. Certificate of registry. No. 2. Consolidated certificate of enrollment and license. No. 3. License of vessel under twenty tons. No. 4. License of yacht nnder twenty tons. No. 5. Consolidated certificate of enrollment and yacht license. No. 6. Shipping articles. No. 7. Crew list. No. 8. List of passengers. No. 9. Ontward foreign manifest. No. 10. Coasting manifest. No. 11. Clearance of vessel to a foreign port. No. 12. Port sanitary statement. No. 13. Canal Zone — Original bill of health. No. 14. Canal Zone— Supplemental bill of health. No. 15. Radio permit. No. 16. Permit to proceed coastwise to lade for a foreign port. No. 17. Permit allowing vessel to proceed to another district with her merchandise designated for such district under section 2779, Rev. Stat. No. IS. Permit allowing vessel to proceed to another port with residue of cargo imder original manifest. No. 19. Certificate on vessel proceeding imder section 2779, R. S., to another district to discharge cargo. 48 MARITIME WARFARE. 49 No. 1. (Cat. No. 1205.) Insert "permanent" or "temporary" . Official Xo. . Register No. . Letters . The U.vited States of Amkiuca. dkrautmext ok ("ommeuce — buije.\u of navifi ation. Rebiiilt at , 1 — . .Measured ■ , ]— . Remeasured , 1 — . Number of crew, . CERTIFICATE OF REGISTRY. In pursuance of Chapter One, Title XLVIII, "Reyulalion of Comnierce and Naviga- tion," RevnEed tStatutes of the L'nited States, * having taken and subscribed the oath ^ required by law, and having sworn •' that * , the only oAvner — of the vessel called th(* , of , whereof is at present niaster, [Seal of the Dcpartiuent and is a citizen of the United States, and that the said of Commerce.] vessel was built in the year 1 , at , of * , as appears by " , and " having certified that the said vessel is a ; that she has deck — , mast — , a • head, and a stem; that her register length is nr f^et, her register breadth ny ^et, her register depth yts f^et, her height rs ^ feet; that she measures as follows: "g Tons. tooths. Capacity under tonnage deck ** o C9 V Capacity between decks above tonnage deck Z Capacity of inclosures on the upper deck, vi/.,^ fore castle ; bridge ; poop ; break g houses — round , side , chart , radio w ; excess hatchwavs ; light and air spaces E B o o ° Gross tonnage *^ a Deductions under section 4153, RoA-ised Statutes, as — amended: Crew space, ; master's cabin, Steering gear, ; anchor gear, ; boatswain's stores Chart house, ; donkey engine and boiler, ; radio house. I Insert name and address of person by whom oath or affirmation was made. * Substitute "affirmation" when necessary. ' Substitute "affirmed" when necessary. * If there is only one owner, write "he" or ".she;" if more than one owner, write "he (or she) owning" and the part owned, "together with" followed by the names of other owners, their shares and addresses. 5 Write "wood," "iron," "steel," or as required. "Citesurrenderedmarinedocument or write "certificate of , builder — ," if first document of a new vessel. ' Write "said register," "said enrollment," or "said license." In the first document of a new vessel, give the name and title of the measurer. 8 Name and give tonnage of each compartment in double bottom and of each peak tank used other thaa for water ballast which is included herein. 9 Carry total of all inclosures to spaces at end of next line. 106995—17 4 60 MARITIME WAEFAKE. Storage of sails, propelling power (actual space ' -)■ Total deductions. Net tonnage The follovdng described spaces, and no others, have been omitted, \iz: ^ -; and the said ^ having agreed to the description and admeasurement above specified, according to law, said vessel has been duly registered at this port. Given under my hand and seal, at the port of , this day of ■ in the year one thousand nine himdred and . [Place for seal • , [Place for seal , of naval officer.] Xaval Officer. (Cat. Xo. 1265.) DEPARTMENT OF COMMERCE- NAVIGATION. -BUREAU OF (Permanent or temporary.) CERTIFICATE OF REGISTRY. No. of the of , called the gross, net, issued at the port of 191—. Where surrendered: — When surrendered: — Why surrendered : of collector.] Collector of Customs. INDORSEMENTS OF CHANGE OF MASTER. Port of -, 191- , having taken the oath required by law, is at present master of the within-named vessel, in lieu of , late master. Collector of Customs. Collector of Customs. 1 Insert tonnage representing actual machinery space used in ascertaining propelling power. ' Name and give tonnage of each space exempted. » In the first dociunent of a new vessel, give the name of the person countersigning certificate of meas- mement. MARITIME WARFAEE. 51 No. 2. (Cat. No. 1271.) (Permanent or temporary) . Official No. . Certificate No. . Letters . The United States of America. depart.ment of commerce — bureau of navigation'. Rebuilt at in 19 — . Measured at , 19 — . Ilcmeasured at , 19 — . Number of crew . CONSOLIDATED CERTIFICATE OF ENROLLMENT AND LICENSE. (Sections 4319 and 4321, Rev. Stats., and a?t of April 21, 1906.) In couforinity to title L, "Regulation of vesselsin domestic commerce, " of the Revised Statutes of the United States. ' having taken and subscribed the oath ^ required by law, and having sworn ^ that * citizen of the United States and the sole owner of the vessel called the * ■ (home of vessel^, of (home port), and that the said vessel was built in the year 1 . at , of ^ , as appears by ' , and * lia\dng certified that the said vessel is a ® — '- — ; that she has deck — , mast — , a— head, and a — stern; that her register length is feet, her register breadth feet, her register depth feet, her height feet; that she measures as follows: Tons. lOOths. Capacity under tonnage deck '° Capacity between decks above tonnage deck Capacity of inclosures on the upper deck, \az, " forecastle, ; bridge, ; poop. ; break; ; houses, round , side , chart , radio '■ — ; excess hatch- ways, ; light and air spaces, Gross tonnage Deductions under section 4153, Re\'ised Statutes, as amended: Crew space, ; master's cabin, Steeringgear, ;anchorgear, ; boatswain's stores, • Insert name and address of person by whom oath or affirmation was made. 2 Substitute •'affirmation" when necessary. « Substitute "affirmed" when necessary. * If there is only one owner, write "he" or "she"; if more than one owner, write "he (or she) owning" and the p:irt owned, "together with" followed by the names of other owners, tlieir shares, and addresses; if incorporated company is sole owiier or part owner, write after the corporate name "incorporated under the laws of the of State — — ." ' Write the name exactly as marked on the vessel. « Write "wood," "iron," "steel," or as required. ' Cite surrendered marine document or wTite "certificate of , builder ," if first document of a new vessel. 8 Write "said register," "said enrollemnt," or "said license." In the first document of anew vessel give the name and title of the measurer. ' For a steam or gasoline vessel write "steam (or gas) sid^^vheel," "steam (or gas) stern-wheel," "steam (or gas) screw," as case may be. '0 Name and give tonnage of each compartment in double bottom and of each peak tank used other than for water ballast which is included herein. •1 Carry total of all inclosures to spaces at end of ne.\t line. 52 Chart house, house, Storage of sails, MARITIME WAEFARE. donkey engine and boiler, ; radio -, propelling power (actual space ^ ), Total deductions. Net tonnage The following-described spaces, and no others, have been omitted, \-iz,- . And ^ having agreed to the description and measurement above specified, the said vessel has been duly enrolled at this port. LICENSE. And , the master, having sworn that he is a citizen of the United States, that this license shall not be used for any other vessel, or for any other employment than is herein specified, or in any trade or business whereby the revenue of the United States may be defrauded: License is hereby granted for the said vessel to be employed in carrying on the (coasting trade, cod fishery, or mackerel fishery) for one year from the date hereof, and no longer. Given under my hand and seal at the port of — , district of , this day of , in the year one thousand nine hundred and -. Naval Officer. (Cat. No. 1271.) Department of Commerce — Bureau of n.^vig.^.tion. (Permanent or temporary.) Consolidated Enrollment and License. For the . (Insert "Coasting trade" or "Fisheries.") No. , of the , called the , of , gross, net, issued at the port of , , 191—. Where surrendered, . When surrendered, . Why surrendered, . Collector of Customs. indorsement of renewal. Renewal No. 1. Port of ■ . The within-described license is hereby renewed for one year from , 191 — . [seal.] , Collector of Customs. [seal.] , Naval Officer. Upon expiration of renewal No. 11 issue a new marine paper. INnOKSEMENTS OF CHANGE OF MASTER. Port of , — ■ •, 191—. , having taken the oath required by law, is at present master of the within- named vessel, in lieu of , late master. Collector of Customs. Collector of Customs. ' Insert tonnage ropresentin? actual machinery space used in aseertainmg propelling power. * Name and give tonnage of each space exempted. ' la the first document of a new vessel, give the name of tlie person countersigning certificate of meas- urement. :\rAitm.M!: waiuaiie. 53 No. 3. (Cat. So. 128J.) Permanent or temp )rary . Oliicial No. . Licen.se No. . Letters , Tm: United St.vfes op Americ.\. DEPARTMENT Ol' CO.MM EltCE — BUI{E.\U OF N.WIGATION. Rebuilt at in 19—. Measured at , 19 — Ilemeasured at , 19—. Number of crew . LICENSE OE VESSEL UNDER TWENTY TONS. (Se:\s. 4321, 4321, and 4324, Rev. Stats., Act of April 24, 19 X,, an.] Arts. .U and 34, Customs Regs, of 1908. ) In conformity to title L, '' Rc'i,nilati()n of vessels in domestic commerce," of the Revised Statutes of the United States. ' , having taken and sul)scribed the oath ■^ requirt-d by law, and havin^r sworn ' that * ritizon of the United States and the sole owner of the ve.ssel called the » (name of vessel ), of (home port), whereof , a citizen of the United States, is master, and that the said vessel wa.s built in the year 1 , at , of " , as appears by ^ , and ^ having certified that the said vessel is a " ; that she has deck — , mast — , a head and a stern; that her register length is j-g feet, her register breadth Tff ^set, her register depth r^ feet. Tons. lOOths. Capacity under tonnage deck Capacity between decks above tonnage deck Capacity of inclosuros on the upper deck, viz, Grass tonnage. Deduction.s under section 4153, Revised Statutes, as amended by act of March 2, 1895: Crew space, ; master's cabin, Steering gear, ; anchor gear, — ; boatswain's stores, . Chart house; donkey engine and Iwiler, Storage of sails, ; propelling power, Total deductions. Net tonnage. ' Insert name and address of person by whom oath or affirmation was made. * Substitute "affirmation" when necessary. » Suh.stitute "affirmed" when necessary. * If there is only one owner, write "he" or "she:" if more than one owner, write "he (or she) owning" and the part owned, "together with," followed by the names of other owners, their shares and addresses. 5 Write the name exactly as marked on the vessel. « Write "wood,"' "iron," "steel," or as required. ' Cite surrendered marme document or write "certificate of , builder—," if first document of a new vessel. 8 Write "said register," "said enrollment," or "said license." In the first document of a new vessel, give the name and title of the measurer. 9 For asteimorgasaline vessel, write "steam (or gas) side-whell," "steam (or gas) stern- wheel," "steam (or gas) screw," as rase may be. 54 MARITIME WAKFAKE. The following-described spaces, and no others, have been omitted, viz. . Proof being had of her admeasurement, she shall not be employed in any trade, while this license shall continue in force, whereby the revenue of the United States shall be defrauded, and said master having also sworn that this license shall not be used for any other vessel, or for any other employment than is herein specified: License is hereby granted for the said vessel to be employed in carrying on the ^ for one year from the date hereof, and no longer. Given under my hand and seal at the port of , district of , this day of -, in the year one thousand nine hundred and -, Naval Officer. (Cat. No. 12S5.) DEPARTMENT OF COMMERCE — BUREAU OF NAVIGATION'. (Permanent or temporary.) LICENSE OF Vessel Under Twenty Tons. For the (Insert "coasting trade" or "fisheries.") No. of the -,of at the port of , - Where surrendered: When surrendered : ■ Why surrendered: — -, called the — net, issued , 191—. Collector of Citstoins. Collector of Custoiyis. indorsement of renewal. Renewal Xo. 1. Port of . The within-described license is hereby renewed for one year from , 191 — . [seal.] , [seal.] Collector of Customs. Naval Officer. Upon expiration of renewal No. 11, issue a new marine paper. indorsement of change of master. Port of -, 191—. , having taken the oath required by law, is at present master of the within- named vessel, in lieu of , late master. Collector of Customs. > Write "coasting trade," "cod fishery," or "mackerel fishery. MARITIME WARFARE. 55 No. 4. (Cat. No. 12S3.) Permanent or temporary) . Official No. . Yacht license No. . Letters . The United States of Americ.v. department op commerce — bureau of navigation. Rebuilt at in 19 — . Mea.sured at , 19 — . Remeasured at , 19 — . Number of crew . LICENSE OF YACHT UNDER TWENTY TONS. (Actof April 24, 1906.) In conformity to chapter two, Title XLVIII, "Regulation of commerce and naviga- tion," of the Revised Statutes of the United States, and to "An act to amend sections 4214 and 4218 of the Revised Statutes relating to yachts," approved August 20, 1912. 1 having taken and subscribed the oath ^ required by law, and hav- ing sworn ^ that ■• citizen of the United States and the sole owner of the vessel called the ^ (name of vessel), of (home port), and that the said vessel was built in the year 1 , at , of * , as appears by " and 8 having certified that the said vessel is a " ; that she has deck — , mast — , a head, and a stern; that her register length is xu feet, her register breadth t^ feet, her register depth ^js fe^t. Tons. lOOths. Capacity under tonnage deck ^° Capacity between decks above tonnage deck Capacity of inclosures on the upper deck, viz, " forecastle, ; bridge, ; poop, ; break, ; houses, round, , side, , chart, , radio, ; excess hatch- ways, ; light and air spaces, Gross tonnage ' Insert name and address of person by whom oath or aflirmation was made. » Substitute "aflirmation" when necessarj'. » Substitute "affirmed" when necessary. * If there is only one owner, write "he" or "she"; if more than one owner, write "he (or she) owning" and the part owned, "together with" followed by the names of other owners, their shares and addresses: if incorporated company is sole owner, or part owner, write after the corporate name "incorporated under the laws of the State of ." 6 Write the name exactly as marked on the vessel. • Write "wood," "iron," or "steel," or as required. ' Cite surrendered marine document or write "certificate of , builder ," if first document of a new vessel. 9 Write "said register," "said enrollment," or "said license." In the first document of a new vessel give the name and title of the measurer. ' For a steam or gasoline vessel write "steam (or gas) side-wheel," "steam (or gas) stem-wheel," "steam (or gas) screw," as case may be. in Name and give tonnage of each compartment in double bottom and of each peak tank used other than for water ballast wliich is included herein. " Carry total of all inclosures to spaces at end of next line. 56 MAEITIME WARFARE. Deductions under section 4153, Revised Statutes, as amended: Crew space, ; master's cabin, Steering gear, • ; anchor gear, ; boatswain's stores, ... Chart house, ; donkey engine and boiler, ; radio house, Storage of sails, -; propelling power (actual space ^ Total deductions. Net tonnage The following-described spaces, and no others, have been omitted, viz,- . And ^ , the master, haAdng sworn that he is a citizen of the United States, that this vessel, used and employed exclusively as a pleasure vessel, and designed as a model of naval architecture, shall not, while this license continues in force, trans- port merchandise or carry passengers for pay, or engage in any unlawful trade, nor in any way \'iolate the revenue laws of the United States, and shall comply with the laws in all other respects: License is hereby granted for the said yacht to proceed from port to port in the United States without entering or clearing at the customhouse, and to foreign ports without clearing in the United States. This license will continue and be in force for one year from the date hereof, or until the return of the said yacht from a foreign port (when she shall be entered at the customhouse), and no longer. Given imder my hand and seal at the port of , district of •, this day of , in the year one thousand nine hundred and . Naval Officer. (Cat. No. 12S8.) DEPAUTMEXT OF COMMERCE — BUREAU OF NAVIGATION. (Permanent or temporary.) License of Yacht Under Twenty Tons. For jileasure. Xo. -, of the - gross, , of at the port of , Where surrendered : AMien surrendered: Why surrendered: - called the net, issued -, 191- Collcctor of Customs. indorsements of renewal. Renewal Xo. 1. Port of — . The within-described yacht license is hereby renewed for one year from , 191—. [seal] , [seal] Collector of Customs. Naval Officer. Upon expiration of llenewal No. 11, issue a new marine paper. indorsements of chan(je of master. Collector of Customs. Port of -, 191- , having taken the oath required by law, is at present master of the within- named vessel, in Himi of , late mas- ter. Collector of Customs. 1 Insert tonnage ropresentini; a''tiial maMiincry space used in ascertaining propelling power. » Name and give tonnage of eaeli space exempted. ' In the first document of a new vessel, give the name of the person countersigning certificate of measure- ment. MAT:TTT:\rK WARFARE. 57 No. .>. (Cat. No. 1290.) (Permanent or temporary) . Official No. . Certificate No. . The United St.\te.s of America. Letters . DEPARTMENT OF COMMERCE — BUREAU OF NAVIOATION. Rebuilt at in 19 — . Mea-sured at , 19 — . Remea-sured at , 19 — . Number of crew . CONSOLIDATED CERTIFICATE OF ENROLLMENT AND YACHT LICENSE. (Section 4319, Rev. Stats., and act of Apr. 21, 1900.) In conformity to title L, "Regulation of vessels in domestic commerce," and chapter two, title XLVIII, "Regulation of commerce and navigation," of the Revised Statutes of the United Statc'.«, and to "An act to amend soction.s 4214 and 4218 of the Revised Statutes relating to yachte," approved August 20, 1912. * — having taken and subscribed the oath required by law, and hav- ing sworn * that ■• citizen of the United States and the sole owner of the vessel called the ^ — ■ — ■ — (name of vessel), of (home port), and that the said vessel was built in the year 1 , at , of * , as appears by '' , and ^ having certified that the said vessel is a " ; that she has deck-, mast-, a head, and a stern; that her register length is ijs feet, her register breadth ^^^ feet, her register depth j-j feet, her height nf ^^^et; that she measures as follows: Tons. lOOths. Capacity under tonnage deck Capacityx between decks above tonnage deck Capacity of inclosures on the upper deck, viz, Gross tonnage. Deductions under section 4153, Revised Statutes, as amended by act of March 2, 1895: Crew space, ; master's cabin, Steering gear, ; anchor gear, ; boatswain's stores,— Chart house, ; donkey engine and boiler, Storage of sails, ; propelling power, Total deductions. Net tonnage 1 Insert name and address of person by whom oath or affirmation was made. 2 Substitute "affirmation" when necessary. 3 Substitute "affirmed" when necessary. * If there is only one o«Tier, write "he" or "she;" if more than one owner, write "he (or she) owTiing" and the part owned, "together with" followed by the names of other owners, their shares and addresses; if incorporated company is sole o^vner, or part owner, write after the corporate name, "incorporated under the laws of the State of ." i Write the name exactly as marked on the vessel. * Write "wood," "iron," "steel," or as required. ' Cite surrendered marine document or write "certificate of , builder ," ii first document of a new vessel. 8 Write "said register," "said enrollment," or "said license." In the first document of a new vessel, give the name and title of the measurer. For a steam or gasoline vessel, write "steam (or gas) side-wheel," " steam (or gas) stern-wheel," "steam. (or gas) sjrew," as case may be. 58 MARITIME WARFAEE. The following-described spaces, and no others, have been omitted, viz, . And ^ , ha\dng agreed to the description and measurement above specified, the said vessel has been duly enrolled at this port. And , the master, having sworn that he is a citizen of the United States, that this vessel, used and employed exclusively as a pleasure vessel, and designed as a model of naval architecture, shall not, while this license continues in force, transport merchandise or carry passengers for pay, or engage in any unlawful trade, nor in any •way ^dolate the revenue laws of the United States, and shall comply with the laws in all other respects. License is hereby granted for the said yacht to j^roceed from port to port in the United States without entering or clearing at the customhouse, and to foreign ports without clearing in the United States. Tliis license will continue and be in force for ■one year from the date hereof, or until the return of the said yacht from a foreign port (when she shall be entered at the customhouse), and no longer. Given under my hand and seal at the port of , district of , this •day of , in the year one thousand nine hundred and . -, Naval Officer. Collector of Customs. (Cat. \o. 1290.) •DEPARTMENT OP COMMERCE— BURE.VU OF NAVIGATION. (Permanent or temporary.) ■CONSOLIDATEI) ENROLLMENT AND YaCHT License. for pleasure. No. , of the , called the , of gross, net, issued — , . 191—. at the port of , ■ Where surrendered: When surrendered: Why surrendered: - Collector of Customs. INDORSEMENT OF RENEWAL. Renewal No. 1. Port of . The witliin-described yacht license is hereby renewed for one year from , 191—. [seal] , Collector of Customs. [seal] , Naval Officer. Upon expiration of renewal No. 11, issue a new marine paper. INDORSEMENTS OP CHANGE OF MASTE E. Port , , 191—. , ha-\-ing taken the oath required by law, is at present master of the witliin- named vessel, in Ueu of , late master. Collector of Customs. ' la the first document of a new vessel, give the name of the person countersigning certificate of measiire- -ment. MARITIME WARFARE. 59 No. 6. (Form 705 11.) SHIPPIXG ARTICLES. Department of Commerce. Bureau of Xavigatiou. Shipping service. Notice ia hereby given that section 4519 of the U. S. Revised Statutes makes it obligatory on the part of the master of a merchant vessel of the United States, at the conimencement of every voyage or engagement, to cause a legiljle copy of the agree- ment (omitting signatures) to be placed or po.sted up in such part of the vessel as to be accessible to the crew, under a penalty not exceeding one hundred dollai-s. Eugene T. Chamberlain, Commissioner of Xavigadoji. ADVANCE WAGES AND ALLOTMENTS. Sec. 10. (a) That it shall be, and is hereby, made unlawful in any case to pay any seaman wages in advance of the time when he has actually earned the same, or to pay such advance wages, or to make any order, or note, or other e\'idence of indebtedness therefor to any other person, or to pay any person, for the shipnxent of seamen when payment is deducted or to be deductt>d from a seaman's wages. Any person \-iolating any of the foregoing provisions of this section shall be deemed guilty of a misdemeanor, and upon con^'iction shall be punished by a fine of not less than $25 nor niore than .?100, and may also be imprisoned for a period of not exceeding six months, at the discretion of the court. The payment of such advance wages or allotment shall in no case except as herein provided absolve the vessel or the master or the owner thereof froni the full payment of wages after the same shall have been actually earned, and shall be no delenso to a libel suit or action for the recovery of such wages. If any person shall demand or receive, either directly or indirectly, from any seaman or other person seek- ing employment, as seaman, or from any person on Ms behalf, any i-emimeration what- ever for proAiding him with employment, he shall for every such offense be deemed guilty of a misdemeanor and shall be imprisoned not more than six months or fined not more than §-500. (b) That it shall be lawful for any seaman to stipulate in his slupping agreement for an allotment of any portion of the wages he may earn to his grandparents, parents, wife, sister, or children. (c) That no allotment shall be valid unless in writing and signed by and approved by the shipping commissioner. It shall be the duty of the said commissioner to examine such allotments and the parties to them and enforce compliance with the law. All stipulations for the allotments of any part of the wages of a seaman during his absence wliich are made at the commencemeut of the voyage shall be inserted in tie agreement and shall state the anxouuts and tinges of the payments to be made and the persons to whoni the payments are to be made. (d) That no allotment except as provided for in this section shall be lawful. Any I>erson who shall falsely claim to be such relation, as above described, of a seaman under this section shall for every such offense be punished by a fine not exceeding $500 or inxprisonment not exceeding six months, at the discretion of the court. (e) That this section shall apply as well to foreign vessels wliile in waters of the United States as to vessels of the United States, and any master, owner, consignee, or agent of any foreign vessel who has violated its proAisions shall be liable to the same penalty that the master, owner, or agent of a vessel of the United States would be for similar violation. The master, owner, consignee, or agent of any vessel of the United States, or of any foreign vessel seeking clearance from a port of the United States, shall present hi.s shipping articles at the office of clearance, and no clearance shall be granted any such 60 MAP.IIIME WARFARE. vessel unless the provisions of this section have been complied with. (Act of June 26, 1884, as amended by the acts of June 19, 1880; Dec. 21, 1898; Apr. 26, 1904: June 28, 1906, sec. 4; and Mar. 4, 1915.) VESSELS OF UNITED STATES MUST HAVE SLOP CHESTS, ETC. Sec 11. That every vessel mentioned in section forty-five hundred and sixty-nine of th? Revised Statutes shall also be pro\-ided with a slop chest, which shall contain a complement of clothing for the intended voyage for each seaman employed, inclu ling boots or shoes, hats or caps, under clothing and outer clothing, oiled clothing, and ever}-thing necessary for the wear of the seaman: also a full supply of tobacco and blankets. Any of the contents of the slop chest shall be sold, from time to time, to any or every seaman apphdng therefor, for his own use, at a profit not exceeding ten per centum of the reasonable wholesale value of the same at the port at which the voyage commenced. And if any such vessel is not proA'ided, before sailing, a* herein required, the owner shall be liable to a penalty of not more than five hundred dollars. The proA-isions of this section shall not apply to vessels plying between the United States and the Dominion of Canada, Newfoundland, the Bermuda Islands, the Bahama Islands, the West Indies. Mexico, and Central America. (Act June 26, 1884. ) Every vessel bound on any foreign voyage exceeding in length 14 days shall also be provided with at least one suit of woolen clothing for each seaman, and every vessel in the foreign or domestic trade shall provide a safe and warm room for the use of seamen in cold weather. Failure to make such provision shall subject the owner or master to a penalty of not less than one hundred dollars. (Sec. 4572, R. S., as amended by the act of Dec. 21, 1898.) Vessels engaged in the whaling or fishing business are not coA-ered by the above provisions of law or by the regulations below regarding scale of provisions. CORPORAL PUXLSHMEXT PROHIBITED. Flogging and all other forms of corporal punishment are hereby prohibited on board of any vessel, and no form of corporal punishment on board of any vessel shall be deemed justifiable, and any master or other officer thereof who shall Adolate the afore- said proAT-sions of this section, or either thereof, shall be deemed guilty of a misde- meanor, punishable by imprisonment for not less than three months nor more than two years. \\Tienever any officer other than the master of such vessel .'^hall violate any provision of this section, it shall be the duty of such master to surrender such officer to the proper authorities as soon as practicable, provided he has actual knowledge of the misdemeanor, or complaint thereof is made within three days after reaching port. Any failure on the part of such master to use due diligence to comply herewith, which failure shall result in the escape of such officer, shall render the master or vessel or the owner of the vessel liable in damages for such flogging or corporal punishment to the person illegally punished by such officer. ARTICLES Ol" AGREEMEXT BETWEEN MASTER AXD SEAMEN IN THE MERCHANT SERVICE OF THE UXITED STATES. Required by act of Congress, Title LIII, Revised Sta,tutes of the United States, Office of the U. S. Shipping Commissioner for the Port of , 19 — •. It is agreed between the master and seamen, or mariners, of the — ■, of which is at present master, or whoever shall go for master, now bound from the port of > , to and such other ports and jtlaces in any part of the world as the master may direct, and back to a final port of discharge in the United States, for a term of time not exceeding calendar months.* • Here the Voyage Ls to be deicriljed, and the places named at which the ship is to touch; or, if that can not be ilnne, the general nature and probable length of the voyage i.s to be stated, and the port or country at which the voyatje i.s to lerminaie. » If these words are not nesessary they must be stricken out. MARITIME WARPWRE. 61 Going on shore in foreign ports is prohibited except by permission of the master. No dangerous weapons ' or grog allowed, and none to be brought on board by the crew. Scale of provisions to he allowecl and served out to the crew duriniin . . Beans I)in t . . Rice pint.. I'oU'ee (green berry) ounce.. Tea " ounce. . SiiRar ounces. . Molas-ies pint.. Dried I rait ounce-;.. Piclcles pint . . Vinegar pint.. Corn meal ounces. . Onions ounces.. Lard ounce.. Uutter ounces . Mustard, pepper, and salt suflicient for season- ing. Sun- day. Mon- day. n ... Tues- day. 5 Wednes day. 1 1'. Thurs- day. .1 IJ .... Fri- day. 14 1 1 A i Palitr- day. 1 li i" SUBSTITUTES. One pound of flour daily may be substituted for the daily ration of biscuit or fresh bread: two ounces of desiccated vegetab.es for one jjound of potatoes or yams; six ounces of hominy, oatmeal, or cracked wl.eat, or two ounces of tapioca, for six ounces of rice: si.s; ounces of canned vegetables for one-half pound of canned tomatoes: one ei:.;hlh of an ounce of tea for tr.ree-fourths of an ounce of coll'ee: three-fourths of an ounce of coll'ee for one-eiijhth of an ounce of lea; six oimces of canned fruit for three ounces of dried fruit: ono-half ounce of lime juice for the daiiy ration of vine?ar: four ounces of oatmeal or cracked wheat for one-half pint of corn meal: t\\ o ounces of i)ickled onions for lour ounces of fresh onions. Wlien the vessei is in iiort and it is possib.e to obtain the same, one and one-half pounds of fresh meat shall be substituted for the daily rations of salt and canned meat: one-half pound of green cabbage for one ration of canned tomatoes: one-half i)oiind of fresh fruit for one ration of dried fruit. Fresh fruit and vege- tables shall 1)6 served while in i)ort if obtainalde. The scunen shall have the option of accepting the fare the master may provide but the right at any lime to demand the foregoing sca'e of provisions. 'I'he foregoing scaie of provisions shall be inserted in every article of agreement, and shall not be reduced by any contract, except as above, and a copy of the same shall be posted in a conspicuous place in the galley and in the forecast. e of each vesse'. .\nd the said crew agree to conduct themselves in an orderly, faithful, honest, and sober manner, and to be at all times diligent in their respective duties, and to be olicdient to the lawful commands of the said master, or of any person who shall lawfully succeed him, and of their su|)erior officers, in everything re.ating to the vessel, and tne stores and cargo thereof, whether on board, in boats, or on shore; and in consideration of which service to be duly performed the said master hereby agrees to pay to the said crew, as wages, the .sums against their names respectively evpressed, and to supply them with provisions according to the foregoin>j scale. Vnd it is hereby agreed that anv embe'-z'ement" or willful or negligent deslrticlion of any part of the vessel's cargo or stoes shall be made good to the owner out of the wages of the person guilty of the same. .\nd if any person enters himself as qualified for a duty which he proves himself incompetent to perform, his wages shall be reduced in i)r(>i)()rtion to iiis incompetency. -Vnd it is also agreed that if any member of the crew considers himself to be aggrieved by any breacli ofthe agreement or otherwise, he shall represent the same to the master or officer in charge ofthe "ship in a quiet and orderly manner, who shall thereupon take such steps as the case may require. » Sec. 1608, R. S., prohibits the wearing of sheath knives on shipboard, and the master informs the crew of this law. 62 MARITIME WAEFAEE. It is also agreecl that ^ The authority of the owner or agent for the allotments mentioned vrithin is in my possession. Shipping Commissioner or Consular Officer. (This is to be signed if such an authority has been produced, and to be scored acroea in ink if it has not.) In witness whereof the said parties have subscribed their names on the other side or sides hereof on the days against their respective signatures mentioned. Signed by , master, on the day of , 19 — . Port at which voyage commenced. ■ These columns to be filled up at the end of the voyage. Date of commence- ment of voyage. Date of termination voyage. Port at which voyage terminated. Date of de ivery of lists to shipping commis- sioner. I hereby declare to the truth of the entries in this agreement and account of crew, etc. , Master. foreign Lo indi- amcn.) Height. Descrip- tion. .a c O E 1-1 « Amounts of monthly allot- ment or times of payment. 1 o .*^ 1 S o a < Time of service. f a 1 S •5 1 § 1 i § Time at which to be on board. 1 Shipping commissioner's sig- nature or iiiilials. 1 1 t ■s 1 o «.» X o B O "S •a Signature of seaman. 5 So ""ol =5 < ID to o •g § ft i 1^ P 1 1 ? ? 3 » "i N. B. — Forms must not be unstitched. No leaves may be taken out of it, and none added or substituted. Care should be taken at the time of engagement that a sufficiently large form is used. If more men are engaged during the voyage than the number for whom signatures are provided in this form, an additional form should be obtained and used. Any erasure, interlineation, or alteration in this agreement will be void, imless attested by a shipping commissioner, consul general, consul, or consular agent, to be made with the consent of the person interested. Certificates or indorsements made by shipping commissioners and consuls: , 1 Here any other stipulations may be inserted to which the parties agree, and which are not contrary to law. MARITIME WARFARE. 63 No. 7. (Form 710.\.) CREW LIST. (Sees. 4573, ■ij'ti, and 4.575, Rev. Stat., and art. 129, Customs Regulations of 1908.) The United St.\tes of America. department op commerce — bure.\u of navigation — shipping service. (insert rig), called the — Persons composing the crew of the American (insert name of vessel), of (insert hailing port), bound for is master. -, whereof Residence or address of next of kin. Capac- ity. Birthplace. Citizen or subject of— Age. Personal description. Name of seaman. Height. Com- plexion. Hair. Eyes. < Foot. In. 1 I, -, master of the said American -, do solemnly, sincerely, and truly swear that the within list contains the names of all the crew of the said vessel, together with the places of their birth and residence, as far as I can ascertain the same. Master. Subscribed and sworn to this dav of Port of -, 191 — , before me. of Deputy Collector. *I certify that this is a true copy of the list of the crew of the American , of , whereof is master, taken from the original on file in tliis office. Given under my hand and seal of office at the customhouse, , this day -, in the year of our Lord one thousand nine hundred and Deputy Collector. ♦This certificate to be stricken out on the original. o o o g p Hn z >• » a . (t> e-t- « > CO H 5" " Q o 5 T ^ li i ^ rt- > 2! c ^ "-3 H ' to o CO 05 e hi 5 S < 3 r ■n 3 8 o O z CO 2 O O o s o B a ( GD 55 O » > o ^ H 3 v^ •n 1- • B CO 1 c > IJ- • a w < W d » w 09 3- "S a >> >i g * c ' rn- i o -• N- ^ ^ •9 64 MARITIME WARFARE. No. 8. (Cat No. 1440.) DEPARTMENT OF COMMERCE — -BUREAU OF NAVIGATION. (Art. 165, Customs Regs., 1908, and act Feb. 9, 1905.) LIST OF PASSENGERS. (Under "The passenger act, 1882," and act Feb. 9, 1905.) master of the -, do solemnly, sincerely, and truly that the following list or manifest, subscribed by me, and now delivered by me to the collector of customs of the port of ■ — , is a full and perfect list of all the passengers taken on board the said vessel at — ■, from which port said vessel has now arrived; and that on said list is truly designated the name of each passenger, age (if a child of eight years or under), sex, married or single, location of compartment or space occupied during the voyage (if the jjassenger be other than a cabin passenger), whether a citizen of the United States, number of pieces of baggage, and the name, age, and cause of death of each deceased passenger, as required by the ' ' passenger act of 1882, ' ' as amended by the act of February 9, 1905. So help me God. Sworn to this 19 — , before me. Master. Collector. List or manifest of all passengers taken on board the , from ■ — ■ , net tons register whereof is master, Names. Age of child if 8 years or under. Sex. Married or single. *If passenger, other than cabin pas- senger, location of compartment or space occu- pied. (Specify whether forward, amidship,oraft, and what com- partment or space, and deck.) Whether citizen of the United States. No. of pieces of bag- gage. No. Yrs. Mths. Date and cause of death. * To be used for immigrants or passengers other than cabin only. MARITIME WARFARE. 65 No. 9. (Treasury Department. Customs Cat. No. 7529.) OUTWARD FOREIGN MANIFEST. Report and manife.st of the cargo laden at tlie port of on board the (rig), (name), tons, whereof is master, bound for (flag) , io J. Num- bers. Packages and con- tents, with arti- cles fully de- scribed. • Quan- tiues, poimds, gallons, etc. No. 1. No. 2. No. 3. No. 4. No. 5. Marks, ship- ping or other- wise. Value of do- mestic mer- chan- dise. \'alue of for- eign mer- chan- dise, free. Value of foreiim mer- cliandise from bonded ware- house. Value of forcignj mer- chandise, not from bonded ware- house, whicli has paid duties. Value of forei(.'n mer- chandise on the j)as- sape (in transitu) from one forclirn coimtry to another. Coim- try of ulti- mate desti- nation. 1 .....•.••. master's oath on clearing outward. District of — I, , master of the , port of -, bound from the port of ■ to- — , do solemnly, sincerely, and truly swear that the manifest of the cargo on board the said , now delivered by me to the collector of thi.s port, and sub.scribed with my name, contains according to the best of my knowledge and belief, a full, just, and true account of all the goods, wares, and merchandise now actually laden on board the said vessel, and of the value thereof, and the foreign places or countries in which the same are truly intended to be landed, and if any other goods, wares, or merchandise shall be laden or put on board the said previous to her departure from this port, I will imme- diately report the same to the said collector. I do also swear that I verily believe that the duties on all foreign merchandise therein specified have been paid or secured according to law, and that no part thereof is intended to be relanded within the United States: and that if by distress or other unavoidable accident it shall become neces- sary to reland the same, I will forthwith make a just and true report thereof to the collector of customs of the district wherein such distress or accident may happen. And said cargo is truly intended to be landed in the port of . So help me God. Sworn to before me this day of , 191 — . Master. Deputy Collector. CO ? « ^ ^ »— ^ re O c 1-3 > O 3. -TJ oq o w a o o o c «-»■ O 3 o CD r* 1 ►-» n re CJ re 3 p B o p a ^^ i O O m o S i 106995—17- 66 MARITIME WAEFAEE. No, 10. (Treasury Department. Customs Cat. No. 7535. C. D., May 25-15.) COASTING MANIFEST. Manifest of the whole cargo laden on board the , whereof is master, burden, tons; bound from for and way ports, , 191 — : Marks. Num- bers. Packages and contents. Quan- tity. Value. By whom snipped. i Eesidence of shipper. To whom consigned. Residence of consignee. .. [ *''' .' , ' ' ', ■t f . i' Ji <:»■'■■ "- ...;-.i4L. 1 I, - master of the of do swear to the truth of this manifest, and that, to the best of my knowledge and belief, all the goods, wares, and merchandise of foreign growth or manufactm-e therein contained were legally imported, and that the duties thereon have been paid or secured ac- cording to law. Master. Sworn and subscribed to before me this day of , 191—. I, il: Deputy Collector. master of the , of do swear that the certified mani- fest which I now exhibit contains a true accoimt of the articles composing the whole of the said which now are, or at any time have been, on board the said from the time of her departiKe from the port of , from whence she first sailed, excepting such articles as have been taken on board in the district of ■ ■ — and described in the within manifest, and that no part thereof has been landed therefrom ex- cepting such as is stated in the witliin manifest as having been landed in the said district. Master. Port of . Sworn and subscribed to before me this day of , 191 — . Deputy Collector. (Customs Cat. No. 7535.) coastingTmanifest. MAKITIME WAEFARE. 67 No. 11. (Cat. No. 1378.) The United States op America. department ot" commerce — bureau op navigation. CLEARANCE OF VESSEL TO A FOREIGX PORT. (Art. 133, Customs Regulations, 1908; section 4201, Revised Statutes.) District op , Port op . These are to certify all whom it doth concern:!,.: n;;!: That , master or commander of the , burden tons or thereabouts, mounted with guns, navigated with men, V>uill, and bound for , having on board , hath here entered and cleared his said vessel, according to law. Given under our hands and seals, at the customhouse of , thia day of , one thousand nine hundred , and in the year of the Inde- pendence of the United States of America. Naval Officer. Collector. [Extracts from "An act to remove certain burdens on the American merchant marine and encourage the American foreign carrying trade, and for other purposes," approved June 26, 1&S4.] ABOLITION OF CONSULAR FEES FOR SERVICES TO VESSELS AND SEAMEN — COMPENSA- TION OF CONSULAR OFFICERS. Sec 12. That on and after July first, eighteen hundred and eighty-four, no fees named in the tariff of consular fees prescribed by order of the President shall be charged or collected by consular officers for the official services to American vessels and seamen. Consular officers shall furnish the master of every such vessel with an itemized statement of such services performed on account of said vessel, with the fee so prescribed for each service, and make a detailed report to the Secretary of the Treasury of such services and fees, under such regulations as the Secretary of State may prescribe; and the Secretary of the Treasury shall allow consular officers who are paid in whole or in part by fees such compensation for said services as they would have received prior to the passage of this act: Provided, That such services, in the opinion of the Secretary of the Treasury, have been necessarily rendered; and a sum sufficient for the pajnaient of such compensation, when thus adjusted liy the Secretarj^ of the Treasury, is hereby appropriated out of a,ny iiaoney in tlie Treasury not other- • wise appropriated . CERTIFICATE OF SERVICES BY CONSULAR OFFICERS. Sec. 13. That sections forty -two hundred and thirteen of the Revised Statutes be amended so as to read as follows: i "Sec 4213. It shall be the duty of all masters of vessels for whom any official services shall be performed by any consular officer, without the payment of a fee, to require a -written statement of such services from such consular officer, and, after certifying as to whether such statement is correct, to furnish it to the collector of the district in which such vessel shall first arrive on their return to the United States; and if any such master of a vessel shall fail to fm-nish such statement, he shall be liable to a fine of not exceeding fifty dollars, unless such master shall state under oath that no such statement was furnished him by said consular officer. And it shall be the duty of every collector to forward to the Secretary of the Treasury all such 68 MARITIME WAEFAEE. statements as shall have been furnished to him, and also a statement of all certified invoices which shall have come to his office, gi\'ing the dates of the certificates, and the names of the persons for whom and of the consular officer by whom the same were certified." TARIFF OF AMERICAN CONSULAR FEES. (To be posted in a conspicuous place in consular offices.— Section 1731, Revised Statutes.) To take effect November 1,1906. (As amended by Executive orders of December 21, 1903, and June 7, 1909.) Tariff of fees prescribed by order of the President to be charged by consular officers of the United States. All consular charges must be in strict accordance with this tariff and be collected in gold or its equivalent. No fee or compensation will be collected for any ser\dce not covered by this tariff. (The fees in this tariff are not prescribed for American vessels and seamen, because they are exempted by law from the payment of consular fees. Consular agents will make the fees in this tariff the basis of collection from the Treasury for services to such vessels. Foreign-built vessels, unregistered, owned by American citizens, are not exempt from the payment of the fees prescribed herein.) MISCELLANEOUS SERVICES. 1. Certificate to iiiToicp, including dejiMation, in triplicate or quadruplicate, covering either importf.r upments,' including any additional declaration or certificate not otherwi : h is required by iaw or regulations for use in connection with the entry oi im: ^>ul. - .i m,: I .r warding of the same in bond $2.50 2. Invoice of returned goods 1. 00 3. Extra certificates and declarations as above described, including immigrant's oath (Form No. 128) or declararion for books and household eflects under $100 in value (Form No. 215) when issued Without an invoice oertiftcate, each 1. 00 4. Certificate to extra copies of invoiies, each 1. 00 5. Certificate of disiafectioii, in triplicate or quadruplicate 2. 50 6. Landing certifieato, including oaths of master and mate, and the complete execution of the certificate 2. 50 7. Sealing cars coming from Canada or Mexico, for each manifest in quintupUcate with the consul's certificate, including sealing of each car, vessel, bale, barrel, box, or package 1. 00 8. Issuing passport— Form No. 9 (or extending a passport) 1. 00 9. Visaing a passport— Form No. 10 1. 00 10. Visaing a Chinese passport or certificate 1. 00 11. Marriage certificate, in duplicate, Form No. 87 1.00 12. For taking into possession the personal estate of any citizen who shall die within the limits of a consulate, inventorying, selling, and finally settling and proparmg or transmitting, accord- ing to law, the balance due thereon, S2 for each SlOO or value or fraction thereof. If part of such estate shall be delivered over before final settlement, SI for each $100 of value or fraction thereof to be charged on the part so delivered over as is not in money, and S2 for each SlOO of value or fraction thereof on the gross amoimt of the residue. If among the effects of the deseased are found certificates of foreign stock, loans, or other property, SI for each SlOO of value or fraction thereof on the amoimt thereof. No charge will be made for placing the official seal upon the personal property or eflects of such deceased citizen, or for breaking or removing the seals. 13. For each certificate of protection, semsar, or certificate of employment issued a Tangier 2. CO SERVICES TO VESSELS AND SEAMEN. 14. Bill of health, in dupUcate * $5. 00 15. Supplemental bill of health, in duplicate * 2. 50 16. For re?ei\-ing and delivering sliip's register and papers including consular certificates, as per- scribed in Forms Nos. 13 and 11, SI for each 100 tons or fraction thereof, registered measure- ment (net), of the vessel for which the service is performed, if under 1,000 torts; but for Ameri- can vessels running regularly by weekly or monthly trips, or otherwise, to or between foreign ports, this tonnage fee will not be charged for more than four trips in a year; and tomiage fees shall not be exacted for any vessel touching at or near ports in Canada on her regular voyage from one port to another within the United States, unless some official service required by law shall be performed. 17. And for every adclitional 100 tons net or fraction thereof .50 18. Shipping or discharging seamen, including the certificates thereof attached to new list and shipping articles and given to seamen 2. OO 19. Authentication of copies of protests or other necessary documents for vessels or seamen not otherwise pronded for 2. 00 20. Preparation and acknowledgment for vessels or seamen of any oath or declaration for which a form is given in the Consular Regulations, or a similar necessary service not otherwise pro- vided for 2. 00 21. Preparation and execution for vessels or seamen of any certificate for which a form is given in the Consular Regulations, or similar necessary service not otherwise provided for 2. OO • Foreign war vessels are exempt from the payment of fees for bills of health. MARITIME WARFARE. 69 22. Orders or letters for vessels or seamen for which forms are given in the Consular Regulations, or other similar necessary service not otherwise pro\idea for $2. 00 23. Recording, when necessary, for vessels or seamen any document covered by the provisions of the Consular Regulations, for every hundred words or fraction thereof .50 24. Noting marine protest— Form No. 37 2.00 25. Extending marine protest— Form No. 38 3.00 If it exceed two hundred words, for every additional one hundred words .50 26. Protest of master against charterers or freighters— T'orm No. 39 2. 00 27. Clearance when issued bv the consul, as at free ports 2.00 28. Attending an appraisement of vessel's goods or effects, for each day's attendance 5.00 29. Attending sale of vessel's goods, for each day's attendance during which the sale continues 5. 00 30. Attendance at a shipwreck, or for the purpose of assisting a ship in distress, or of saving wrecked goods or property, over and above traveling expenses, whenever the consul's interposition is required by the parties interested, for each day 5. 00 NOTAEIAL AND OTHER SERVICES. 31. Administering an oath and certificate thereof (no fee for the affidavit of temporary stay of owner of sealskin garment entormg the I'niled .States from Canada 2. 00 32. Administering oath and preparing passport application 1. 00 33. Acknowledgment of a deed or power of attorney, or similar service, including one or more signatures, with certificate thereof, for each copy 2. 00 34. Administering any and all oaths required to be made by pensioners and their witnesses in the execution of their pension vouchers, or by persons presenting claims for pensions or increase of pensions and their witnesses, or certifying to the competency of a local official before whom the same were executed No fee. 35. Acknowledgments connected with the transfer of United States bonds No fee. 36. Administering oaths to or taking acknowledgments of officials or employees of the United States Government, in connection with official business or accounts No fee. 37. For rendering notarial services to officials of foreign governments who render gratuitously reciprocal courtesies to American diplomatic and consular officers No fee. 38. Certifying to official character of a foreign notary or other official 2. 00 39. For taking depositions, executing commissions or letters rogatory, where the record of testi- mony, including caption and certificate, does not e.xceed 500 words 10.00 For each additional 100 words or fraction thereof .50 The foregoing fee shall cover the administration of the oath and all services of the consul as commissioner, but shall not include services of clerk, stenographer, or typewriter, wliich shall be additional at the rate proscribed herein for copying. 40. Copies (carbon copies to be charged for at the same rate as originals): For the first himdred words or fraction .50 For every additional hundred words or less .25 41. Translations; for every 100 words or fraction 1. 00 42. Additional fee for all services contemplated by fees numbered 31, 32, 33, 38, 39, when rendered elsewhere than at the consular ollico at the request of the interested parties, for each hour or fraction thereof 1. 00 In connection with any service rendered outside of the consular office at the request of private individuals, the exact amount of the expenses actually and necessarily incurred oy the person rendering the ser\ice shall be collected from the persons for whom the service is performed in addition to the fee or fees pres ribed therefor and a note of the amount shall be made on the margin of the fee book and fee return opposite the entry of the service and fee; but no amount in excess of the fee or fees prescribed and such actual and necessary expenses shall be charged or accepted. 43. Recording unofficial documents in consulate upon request: For the first hundred words or fraction .50 F^or every additional hundred words or less .25 44. Any and all services indicated in the above tariff and performed upon written orders of the Department of State for the official use of the Government of the United States No fee. 70 MARITIME WARFARE. No. 12. (Treasury Department. U. S. Public Health Service. Form 1964.) The United States of America. PORT SANITARY STATEMENT, U.S, PUBLIC HEALTH SERVICE. Port op Vessel : Bound from to Number of cases of and deaths from the following-named diseases reported during the two weeks ending 191—: Diseases. Cerebrospinal meningitis (epidemic) Cholera, Asiatic Diphtheria Measles Plague Poliomyelitis (acute anterior poliomyelitis) . Scarlet fever Smallpox Typhoid fever TyiJhus fever YeUow fever Number of , Number of cases. deaths. Remarks. (Any condition affecting the public health existing in the port to bo stated here, including oper- ations in rodent exairina- tiou and extermination.) Total. Vessel last fumigated at 19- Given under my hand and seal this [seal.] day of -, 191- Surgeon, U. S. Public Health Service. No. 13. Canal Zone. ORIGINAL BILL OF HEALTH. I, (the person authorized to issue the bill, at the port of state that the vessel hereinafter named clears from the port of lowing circumstances: Name of vessel, ; nationality, ; rig, ; master, gross, ; net, ; iron or wood, ; number of compartments for cargo, — ), do hereby imder the fol- ; tonnage. for steerage passengers. -; for crew, • -; name of medical officer, Number of officers, ; of crew, including petty officers, ; of passengers, first cabin, ; second cabin, ; steerage, ; officers' families, ; total number of persons on board. Passengers destined for the Canal Zone or the city of Panama or Colon : cabin, second cabin, steerage. Previous port, first Number of cases of sickness, and character of same, during last voyage, . Number of cases of sickness, and character of same, while vessel was in this port, Vessel engaged in trade, and plies between Nature, sanitary history, and condition of cargo, ness of water supply, . and . Source and wholesome- MARITIME WAEFARE. 71 -. Sanitary history and health of -. Sanitary history and Source and wholesomeness of food supply, — officers and crew, . Sanitary history and health of passengers, cabin, health of passengers, steerage, . Sanitary history and condition of their effects, . Location of vessel while in port — wharf, ; open bay, ; distance from shore, . Time vessel was in port, Sanitary condition of vessel, in port, . Sanitary condition of port and vicinity, vicinity, . Malaria, deaths during month of — Character of communication with shore, . . Sanitary measures, if any adopted while Prevailing diseases at port and Number of cases and deaths from the following-named diseases durinri thr past tvo nfelci ending . Diseases. Number of cases. Number of deaths. Remarks. (Any condition affecting the public health existing in the port of de- parture or vicinity to be lere stated. When there are no cases or deaths, en- try to that effect must be made.) Yellow fever . Asiatic cholerfi Cholera nostras or nhAlprinn . . . 1 SmallDox '■■ — * " 1 ■ : ::::;;;:i;::::;:;:::■|::ICc;:■!■^::: :.. FI&gU6 *. - . LGT)rosv 1 1 - - .'If-; . , . \'A Lu.ii jiviiiJhi i 1 . .-• I hereby certify that the vessel has complied with the quarantine rules and regula- tions of the Panama Canal, and that the vessel leaves this port bound for , Canal Zone, or — ■ , Republic of Panama, via . Given under my hand and seal this day of , 191 — . [seal.] (Signature of consular officer.) , [seal.] ~ • >::; ^ :^ i^ »rj fj ^ p p c ?? i 3 3 - o ^ " 2. — > o o •» > > > o 25 72 MARITIME WAEFARE. No. 14. Caxai. Zone. SUPPLEMENTAL BILL OF HEALTH Bound from to — POHT OF . , Canal Zone, or , Republic of Vessel: Panama. Sanitary condition of port and vicinitj-, -— ; prevailing diseases at -port and vicinity, ; malaria, deaths during month of . Number of cases and deaths from the following-named diseases during the past tv:o weeks, ending . Diseases. Number of cases. Yellow fever Asiatic cholera Cholera nostras or cholerine. Smallpox Typhus fever Plague Leprosy Number of deaths. Remarks. (Any condition affecting the public health existmg in the port to be stated here. When there are no cases or deaths entry to that effect must be made.) Number and sanitury condition of passengers and crew landed at this port: First cabin, No., ; sanitary history and condition, ; second cabin, No., ; sanitary history and condition, condition, ; crew. No., — steerage. No., -; sanitary history and ; sanitary condition and history, . Note. — If any passenger or member of crew disembarked on accoimt of sickness, state disease. Number and sanitary condition of passengers and crew taken on at this port, and sanitary condition of effects: First cabin. No., ; sanitary condition and history, ; second cabin, No., ; sanitary condition and history, • ; steerage, No., ; sanitary condition and history, ; passengers destined for the Canal Zone j>r the city of Panama or Colon: — :— — first cabin; second cabin; ■ — steerage; crew, No., dition of effects, ; sanitary conditions and history, ; sanitary con- -; total passengers on board, ; total crew on board, ; sanitary measures, if any, adopted while in port. location of vessel while in -; open bay, -; distance from shore, -; character of communication Avith shore, ; time vessel -; nature, sanitary port: ^\'harf, - was in port, — history, and condition of cargo taken on at this port, . (Cancel Form A, B, or C, as the case requires.) Form. (Form A will be used at intermediate ports where the vessel does not enter.) A. To the best of my knowledge and belief — Ino quarantinable disease has ap- B. I have Batisfied myself that — /peared aboard since leaving . C. Since leaving , the following quarantinable disease has appeared on board, , and I certify that the necessary sanitary measures have been taken. MARITIME WABFARE. 73 I certify also that with reference to the passengers, effects, and cargo taken on this at port, the vessel has complied with the quarantine rules and regulations of the Panama Canal. Given under my hand and seal this day of , 191 — . [seal.] (Signature of consular officer.) , [Indorsement.] canal zone. Supplemental Bill of Health. Port of . Name of vessel, • Name of master, From to - Date of issue, — No. 15. (Form No. — .) RADIO PERMIT. Permission is hereby given to the master of S. S. to hoist and connect the antenna two hours before sailing and to break the seals on the radio apparatus after leading this port. Collector. No. 16. (Cat. No. 1386. Art. 148, Customs Regulations of 1908.) PERMIT TO PROCEED COASTWISE TO LADE FOR A FOREIGN PORT. Department of Commerce, Bureau of Navigation, Office of Collector of Customs, Port of , , , 19-. , master of the , of , having , as the law directs, that there are not laden on board the said vessel any articles or cargo whatever other than sea stores, and the cargo specified upon the manifest now exhibited, permission is hereby granted to the said vessel to proceed from this port to , in the district of , and State of , to finish lading outward cargo. Any merchandise laden on the vessel at this port, for export-in her, will (write "not," if necessary) be in- cluded in the export returns to the Treasury Department from this ofiice. Given under my hand, at the customhouse, this day of , 19 — . Fees: $2 for foreign vessel. Deputy Collector. 74" MAEITIME WARFAEE. No. 17. (Cat. No. 1385.) PERMIT ALLOWING VESSEL TO PROCEED TO ANOTHER DISTRICT WITH HER MERCHANDISE DESIGNATED FOR SUCH DISTRICT, UNDER SEC- TION 2779, REV. STAT. (Art. 146, Qistoms Regulations of 190S.) Department op Commerce, Bureau of Navigation, Office of Collector of Customs, Port of , , 19—. , master of the , from , having entered the said vessel according to law, permission is hereby given said vessel to proceed to the port of with her cargo specified for that port, as per certified copy of manifest attached hereto. Collector of Customs. Naval Officer. No. 18. (Cat. No. 13&4. Art. 167, Customs Regulations of 1915.) PERMIT ALLOWING VESSEL TO PROCEED TO ANOTHER PORT WITH RESIDUE OF CARGO UNDER ORIGINAL MANIFEST. Department of Commerce, Bureau of Navigation, Office of Collector of Customs, Port of — 191- , master of the , from , having entered the said vessel according to law, and landed a part of its cargo agreeably to a permit for that purpose, permis- sion is hereby given said vessel to proceed to the port of with her original manifest of cargo for that port. Naval Officer. Collector of Customs. No. 19. (Treasury Department. Customs Cat. No. 3221. Art. 114, C. R. 1908. C. F. C„ Feb. 16-14.) CERTIFICATE ON VESSEL PROCEEDING UNDER SECTION 2779, R. S., TO ANOTHER DISTRICT TO DISCHARGE CARGO. United States Customs Service, Port of , Collector's Office, , 191-. This is to certify that the within is a true copy of tiie report and manifest of the cargo of the , whereof is master, from ^ , entered at this port on , 191 — , as exhibited on oath or affirmation by the said master; that no part of Baid cargo, as expressed in such manifest, has been unladen or landed at this por^, except that portion destined to this port; ^ and that bond, as the law directs, has been executed at the port of ^ ; ^ and, being free of duty, no bond has been executed at the port of ^ for delivery of the residue cargo at * . Witness our hands and seals this day of , 191 — . Deputy Naval Officer. Deputy Collector. « Specify all foreign ports at which inward cargo was laden; and, If this in not the first domestic port of arrival, state via (naming all domestic ports in the order of the vessel's arrival). * Strilce out all the line not applicable. » Specify the first domestic port of arrival (see T. T>. 30681). < Specify all domestic ports to wliich the vessel is destined. APPENDIX III. SHIP'S PAPERS, FOREIGN. AUSTRIA. Papers evidencing nationality: Pateute sovrana (royal license). Scontrino ministerialo (certificate of registry). Other papers carried : Giornale di navigazione (official log book). Scartafaccio, giornale di navigazione cotidiano (ship's log book). Ruolo deir equippaggio (muster roll). Manifest of cargo and bills of lading. Bill of health. Charter party, if the vessel is chartered. BRAZIL. Papers evidencing nationality: Carta de registro (certificate of registry). Passe especial (passport issued as to a national vessel). Other papers carried: Passport. Muster roll. Mauife.st of cargo. Bills of lading. DENMARK. Evidence of nationality: Certificate of nationality and registry (sometimes provisional if issued by gover- nor of foreign possession or by consul). The letters D. E. (Dansk Eiendom) burnt into the main beam in the after part of the main hatchway. Papers carried other than that above mentioned: Royal passport, in Latin, with translation, available only for the voyage for which it is issued, unless renewed by attestation. Certificate of ownership. Build brief (certificate of build). Admeasurement brief. Burgher brief (certificate that the master has burgher rights in some town of the kingdom). Muster roll. Charter party, if the vessel is chartered. FRANCE. Papers evidencing nationality: L'acte de propri^t^ de navire. L'acte de francisation. Le role d' equipage. Other papers which must be carried under the provisions of the^code de commerce: Cong6. Les connaissements et chartes parties. Les proc5s-verbaux de visite. Les acquits de paiement ou h caution. Manifests of cargo, fittings and stores. 75 76 MARITIME WAEFAEE. GERMANY. Papers evidencing nationality: Schiffs Certifikat. riaggen Attest. Certificate of nationality. Attestation of flag. Other papers carried: Messbrief (certificate of measurement). Beilbrief (builder's certificate). See-pass (sailing license). Journal (ship's log book). Muster-roUe (muster roll). Charter party, if the vessel is chartered. GREAT BRITAIN. Paper evidencing nationality: Certificate of registry, or provisional certificate granted by a consul resident in a foreign country to a vessel brought there. The provisional certificate is good for six months from date of issue. A pass granted to a vessel before registration, enabling her to go from one port to another within the British domin- ions, has also the force of a certificate. Other papers carried: Official log book. Ship's log book. Shipping articles. Muster roll. Bill of health. Manifest of cargo. Bills of lading. Charter party, if the vessel is chartered. ITALY. Papers evidencing nationality: Atto di nazionalita (certificate of nazionality). Scontrino ministeriale (certificate of registry). Other papers carried: Patente sovrana (royal license). Giornale di navigazione (official log book). Scartafaccio, giornale di navigazione cotidiano (ship's log book), Ruolo deir equipaggio (muster roll). Bill of health. Manifest of cargo. Bills of lading. Charter party, if the vessel is chartered. NETHERLANDS. Zeebrief (sailing license). Bijlbrief (certificate of ownership). Meetbrief (certificate of tonnage). Journal (ship's log book). Mouster-rol (muster roll). Manifest of cargo. Bills of lading. Charter party, it the vessel ia chartered. MARITIME WARFARE. 77 NORWAY. Paper evidencing nationality: Nationalitetsbreviis (certificate of nationality). Other papers carried: Biilbrev (certificate of build). Maalebrev (certificate of measurement). N. B. — The biilbrev and the maalebrev need not be carried by vessels bought in foreign ports for two years after purchase. Jouniale (ship's log book). Charter party, if the vessel is chartered. Manifest of cargo. Bills of lading. Mandskabliste (muster roll). PORTUGAL. Papers with which a vessel must be provided : Pasaporte de navigacion. Acta de propriedad del buque. Rol. Couocimientos. Recibos de fletes y despacho. A copy of the code of commerce. RUSSIA. Evidence of nationality: Patent authorizing the use of the Russian flag. The fact that the master and half the crew are Russian, N, B. — The patent is not conclusive in itself because it can be granted, though it is not commonly granted, to foreign ships. Papers which must be carried by Russian ships: The patent above mentioned, Beilbrief (builder's certificate). Customhouse passport. Other papers carried: Ship's log book. Muster roll. Charter party, if the vessel is chartered. SPAIN. Paper evidencing nationality: La patente 6 pasaporte de navigacion. Other papers carried: El rol del equipage y lista de pasajeros. Testimonio de la escritura de propriedad de la nave, Contrato de fletemento. Conocimientos, facturas y guias de la carga. SWEDEN. A passport from a chief magistrate or commissioner of customs. Bilbref (builder's certificate). Miitebref (certificate of measurement), Fribref (certificate of registry). Journalen (ship's log book), Folkpass or ajomansrubla (muster roll). Charter party, if the vessel is chartered. APPENDIX IV. PROVISIONS OF LAW EELATING TO AMERICAN VESSELS. Vessels registered piirsuant to law and no others, except such as shall be duly quali- fied according to law for carrying on the coasting or fishing trade, shall be deemed vessels of the United States and entitled to the benefits and privileges appertaining to such vessels; but no such vessel shall enjoy such benefits and privileges longer than it shall continue to be wholly owned by a citizen or citizens of the United States, or a corporation created under the laws of any of the States thereof and be commanded by a citizen of the United States. And all the officers of vessels of the United States who shall have charge of a watch, including pilots, shall in all cases be citizens of the United States. The word "officers" shall include the chief engineer and each assistant engineer in charge of a watch on vessels propelled wholly or in part by steam, and after the first day of January, eighteen hundred and ninety-seven, no person shall be qualified to hold a license as a commander or watch officer of a merchant vessel of the United States who is not a native born citizen, or whose naturalization as a citizen shall not have been fully completed. In cases where on a foreign voyage, or on a voyage from an Atlantic to a Pacific port of the United States, anj'^ such vessel is for any reason deprived of the services of an officer below the gi-ade of master, his place, or a vacancy caused by the promotion of another officer to such place, may be supplied by a person not a citizen of the United States until the first retui-n of such vessel to its home port, and such vessel shall not be liable to any penalty or penal tax for such employment of an alien officer. (Sec. 4131 Rev. Stat., as amended by act June 26, 1884, sec. 1, 23 Stat. L., p. 23, and act May 28, 1896, sees. 1 and 3, 29 Stat. L., pp. 188, 189.) Vessels built within the United States and belonging wholly to citizens thereof and vessels wliich may be captured in war by citizens of the United States and lawfully condemned as prize, or which may be adjudged to be forfeited for a breach of the laws of the United States, and seagoing vessels, whether steam or sail, which have been certified by the Steamboat-Inspection Service as safe to carry dry and perishable cargo, wherever built, which are to engage only in trade with foreign countries or with the Philippine Islands and the islands of Guam and Tutuila, being wholly owned by citizens of the United States or corporations organized and chartered under the laws of the United States or of any State thereof, the president and managing directors of which shall be citizens of the United States or corporations organized and char- tered under the laws of the United States or of any State thereof, the president and managing directwrs of which shall be citizens of the United States, and no others, may be registered as directed in this title. Foreign-built vessels registered piu-suant to this act shall not engage in the coastwise trade. (Sec. 4132 Rev. Stat., as amended by act Aug. 24, 1912, sec. 5, 37 Stat. L., p. 562, and by act Aug. 18, 1914, sed:. 1, 38 Stat. L., p. 698.) The Secretary of Commerce may issue a register or enrollment for Etiiy'Velsgdl wrecked on the coasts of the United States or her possessions or adjacent waters, when pur- chased by a citizen or citizens of the United States, and thereupon repaired in a shipyard in the United States or her possessions, if it shall be proved to the satisfaction of the Secretary of Commerce, if lie deems it necessary, through a board of tliree appraisers appointed by him, tha^ the said repairs put upon such vessels are equal to three times the appraised salved value of the vessel: Provided, That the expense of the appraisal herein provided for shall be l)ornc by the owner of the vessel: Provided further, That if any of the material matlcrs of fact sworn to or represented by tlie owner, or at his instance, to obtain the register of any vessel are not true, there shall 78 MARITIME WABFAEE. 79 be a forfeiture to the United States of the vessel in respect to which the oath shall have been made, together with tackle, appixrel, and furniture thereof. (Sec. 4136 Rev. Stat., as reenacted and revised by act Feb. 21, 1915; 38 Stat. L., p. 812.) The Secretary of the Treasury is hereby authorized and directed to grant registers, as vessels of the United States, to such foreign-built steamships now engaged in freight and passenger business, and sailing in an e3ta})li6hed line from a port in the United States, as are of a tonnage of not less than eight thousand tons, and capable of a speed of not less than twenty knots per hour, according to the existing method of Govern- ment tost for speed, of which not less than ninety per centum of the shares of the capital of the foreign corporation or association owning the same was owned January first, eighteen hundred and ninety and has continued to be owned until the passage of this act by citizens of the United States, including as such citizens corporations created under the laws of any of the States thereof, upon the American o^vners of such majority interest obtaining a full and complete transfer and title to such steamships from the foreign corporations owning the same: Provided, That such American owners shall, subsequent to the date of this law, have built, or have contracted to build, in American shipyards, steamships of an aggregate tonnage of not less in amount than that of the steamships so admitted to registry. Each steamship so built or contracted for to be of a tonnage of not less than seven thousand tons. (Act of May 10, 1892, sec. 1, 27 Stat. L., p. 27.) The President of the United States is hereby authorized, whenever in his dis- cretion the needs of foreign commerce may require, to suspend by order, so far and for such length of time as he may deem desirable, the provisions of law prescribing that all the watch officers of vessels of the United States registered for foreign trade shall be citizens of the United States. Under like conditions, in Like manner, and to like extent the President of the United States is also hereby authorized to suspend the provisions of the law requiring survey, inspection, and measurement by officers of the United States of foreign-built vessels admitted to American registry under this act. (Act Aug. 18, 1914, sec. 2, 38 Stat. L., pp. 698-699.) Consular officers of the United States and such other persons as may from time to time be designated by the President for the purpose are hereby authorized to issue provisional certificates of registry to vessels abroad which have been purchased by citizens of the United States, including corporations, as defined in section forty-one hundred and thirty-two. Revised Statutes, as amended by the Panama Canal act and the act of August eighteenth, nineteen hundred and fourteen. (a) Such a provisional certificate shall entitle the vessel to the pri\-ileges of a vessel of the United States in trade with foreign countries or with the Philippine Islands and the islands of Guam and Tutuila until the expiration of six months from its date or until ten days after the vessel's arrival at a port of the United States, whichever first happens, and no longer. On arrival at a port of the United States the vessel shall become subject to the laws relating to officers' inspection and measurement, as amended by the act of August eighteenth, nineteen hundred and fourteen. (b) The Secretary of Commerce shall prescribe the conditions in accordance with which such provisional certificates shall be issued and the manner in which they shall be surrendered in exchange for certificates of registry at ports of the United States. (c) The form of such prox-isional certificate shall be prescribed by the Commissioner of Navigation and shall include the name of the ship and of the master, time and place of purchase and names of purchasers, and the best particulars respecting her tonnage, build, description, and inspection or survey which the consular officer is able to obtain. (d) Copies of such provisional certificates shall be forwarded as soon as practicable by the issuing officer to the Commissioner of Na\'igation. (Act Mar. 4, 1915, sec. 1, 38 Stat. 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