ART. XLIV. A vessel which has taken in contraband goods, using deceitful means, and all the goods on board belonging to the owner of such vessel, shall be forfeited.

ART. XLV. A vessel that has broken through a blockade and her cargo shall be forfeited. If the owner of the cargo proves that he is innocent of such breach of blockade, such cargo shall be released.

ART. XLVI. Vessels that are recognized to have been fitted out for the enemy for military purposes, and the goods belonging to the owners of such vessels, shall be confiscated.

ART. XLVII. Vessels ascertained to have scouted or carried information to give benefit to the enemy or to have done any other acts to assist him, and all goods belonging to the owners of such vessels, shall be confiscated.

ART. XLVIII. Vessels that have opposed visit or search, and all the goods belonging to the owners of such vessels, shall be forfeited. ART. XLIX. Vessels voyaging under convoy of the enemy's menof-war, and all goods belonging to the owners of such vessels, shall be forfeited.

ART. L. The masters and crews of enemy's merchant vessels may be made prisoners.

⚫ Passengers, and the master and crew of a vessel not enemy, shall not be made prisoners. In case it is necessary to call them as witnesses they may be detained.

CHAPTER VII.-Procedure in capturing vessels.

ART. LI. In visiting or searching a vessel the captain of the man-ofwar shall take care not to divert her from her original course more than necessary and as far as possible not to give her inconvenience.

ART. LII. The captain of an Imperial man-of-war may chase a vessel without hoisting the ensign of the Imperial navy or under false colors. But before giving the vessel the order to stop he must display the ensign of the Imperial navy.

ART. LIII. The captain of an Imperial man-of-war shall in no case order the vessel to be visited or searched to send to his ship her boat, crew, or papers.

ART. LIV. The captain of the man-of-war shall first communicate by signal flag or steam whistle his intention to visit the vessel. At night he shall display a white light above the ensign in place of the signal flag.

In case it is impossible on account of bad weather to communicate his intention by any of the means mentioned above, or in case the vessel does not make any response to the above signals, he shall give order to stop by firing two blank cartridges, and if there is further necessity, by firing a shot ahead of the vessel.

If after giving the above warning the vessel still fails to obey the order to stop, fire shall be directed first at the yards and then at her hull.

ART. LV. On the vessel's stopping, the captain of the man-of-war shall send a boat to her with a boarding officer and his assistant.

The crew of the boat shall not wear arms but they may be kept in the boat.

When boarding the vessel the boarding officer may take with him, if he deems it necessary, not more than two of the boat's crew.

ART. LVI. The boarding officer, if he has ground for suspicion, shall demand with proper courtesy to inspect the ship's papers. When the master of the vessel refuses to produce them, the boarding officer may insist upon it.

ART. LVII. When the boarding officer deems, after inspecting the papers, that the vessel is not to be captured, she shall be released at once by order of the captain of the man-of-war.

ART. LVIII. When the boarding officer, after inspecting the papers, deems the vessel to be suspicious, he shall search her.

In this case he may, if he deems it necessary, call the crew of the boat on board to assist, or he may ask for assistance from the ship from which he was sent.

ART. LIX. Search shall be made together with the master of the vessel or his representative.

ART. LX. The boarding officer shall require the master of the vessel or his representative to open any locked place or furniture, and if the latter refuses to comply the boarding officer may take steps required for the occasion.

ART. LXI. The boarding officer if he finds, while making search, that there is no ground for capturing the vessel shall discontinue the search, and the vessel shall be released at once by the order of the captain of the man-of-war.

ART. LXII. The boarding officer, before he leaves the vessel, shall ask the master whether he has any complaint regarding the procedure of visiting or searching, or any other points, and if the master makes any complaint he shall request him to produce them in writing.

ART. LXIII. The boarding officer shall enter in the log book of the vessel when and where the visit or search was made, the name of the man-of-war from which he was sent, and the name and rank of her captain, and shall sign his own name and rank.

ART. LXIV. When a vessel is to be released on the ground that she has not received notification of blockade, or as coming under section 2 of Article XXX, or as not knowing the outbreak of the war under Articles XXXVI or XXXVIII, the boarding officer shall enter a warning according to Forms II or III in the vessel's log book or upon the paper certifying her nationality, and shall order the vessel to retrace or to change her course, or take any other proper measure.

ART. LXV. After visit and search has been made, if the captain of the man-of-war still has suspicion of the vessel, he shall order the boarding officer to hear the explanation of her master, and if after these explanations there still appear to be grounds for capturing her, such vessel shall be captured.

ART. LXVI. In deciding whether a vessel is to be captured or not, the nature of the vessel, her equipments, cargo, and papers, the master and crew and their testimony, etc., shall be taken into consideration.

ART. LXVII. If the captain of the man-of-war decides to capture a vessel he shall inform her master of the reason, and shall take possession of the vessel by sending one officer and the required number of petty officers and men. If on account of bad weather or any other cause it is impossible to dispatch these officers and men, the captain of the man-of-war shall order the vessel to haul down her colors and to steer according to his direction. If the vessel does not obey the orders of the captain of the man-of-war, he may take any measures required for the occasion.

ART. LXVIII. When a mail steamer is captured, mail bags considered to be harmless shall be taken out of the ship without breaking the seal, and steps shall be taken quickly to send them to their destination at the earliest date.

ART. LXIX. The captain of the man-of-war shall land at a convenient port when possible all the passengers of a captured vessel, except those who are deemed to be contraband persons or those who must be detained as witnesses.

ART. LXX. If the captain of a man-of-war, after capturing a vessel, ascertains that the capture was unlawful, he shall instantly release her.

ART. LXXI. The captain of a man-of-war shall cause due notes to be entered in the log book of his ship concerning a visit, search, or capture.

ART. LXXII. The captain of a man-of-war shall immediately submit to the minister of the navy detailed accounts of visit, search, or capture, with his opinions.

ART. LXXIII. When the captain of a man-of-war recaptures a Japanese or a neutral vessel captured by the enemy, he may release her if she has not yet been taken into an enemy port or has not been used for military purposes.

CHAPTER VIII.-Procedure after capture.

ART. LXXIV. When a vessel has been taken possession of, the captain of the man-of-war shall seize the documents concerning the vessel and her cargo and all other documents on board; arrange, number, and seal them; and the master of the vessel and the captain of the man-of-war shall sign on them; and a certificate prepared according to Form IV shall be attached.

The certificate of the above clause is generally made by the officer who received or found the documents.

ART. LXXV. When documents are found which have been mutilated or thrown away or hidden, the captain of the man-of-war shall deal with them according to the preceding article; but in this case the certificate shall be according to Form V.

ART. LXXVI. The captain of the man-of-war shall prepare in duplicate a certificate as to money, negotiable notes, and other valuables on board the vessel, and shall give one copy to the master of the vessel. ART. LXXVII. The captain of the man-of-war shall, so far as possible, close and seal the holds of the captured vessel and shall take care to prevent embezzlement of any cargo, furniture, or any other things on board.

ART. LXXVIII. The captain and the officers of the man-of-war shall treat with proper courtesy the master and crew of the captured vessel and those who are to be made prisoners, and shall pay proper attention to the protection of their personal effects. Those who are to be made prisoners may be kept under restraint as required, but other persons on board shall not be restrained, unless there is a special reason.

ART. LXXIX. The captain of the man-of-war shall send on board the captured vessel a prize officer and the requisite number of petty officers and men, and shall send the vessel and her cargo to a port where there is an Imperial prize court or to a Japanese port in the neighborhood of such port.

ART. LXXX. The captain of the man-of-war may request the master and crew of the captured vessel to assist in navigating the vessel under the direction of the prize officer; and in case such request is not complied with, he may insist upon it.

ART. LXXXI. The captain of the man-of-war shall send into port on board the captured vessel the master and crew, and all the cargo and certificates, and the ship's papers, so far as possible in the same condition in which they were found at the time of capture.

The captain of the man-of-war, when he thinks it necessary, shall send an officer who can testify to the circumstances of the capture.

ART. LXXXII. When the captain of the man-of-war thinks that it is not proper to send in the captured vessel, the master, and the whole crew, he shall send at least three or four principal members of the crew as witnesses, and two of them shall be selected from the master, chief purser, mates, and chief seaman.

That part of the crew taken to another vessel shall be sent without delay to the port where the captured vessel has been sent.

ART. LXXXIII. In the case of the preceding article, the captain of the man-of-war shall order the prize officer to prepare a certificate according to Form VII, stating that part of the crew taken to another vessel and the reason for it.

ART. LXXXIV. When there are among the cargo of a captured vessel any goods that putrify easily or are not adapted for transportation, the captain of the man-of-war shall appoint a board from among the officers of the ship who are qualified for such work, shall order them to submit a report.

and

The substance of such investigation shall be entered in the log book. ART. LXXXV. When the board reports that there are among the cargo goods that are not adapted for transportation, the captain of the

man-of-war shall sell such goods at the nearest Japanese port, or at a neutral port, if permission is obtained from the authorities of the neutral State. Any goods that are not salable may be disposed of as seems best.

ART. LXXXVI. Before putting up such goods for sale the captain of the man-of-war shall select the most competent appraisers possible and shall have the whole of the cargo, or that part of it which is to be sold, appraised in writing.

Such sale, when possible, shall be made by auction, in the presence of the prize officer and a Japanese consul, if convenient, or any other Japanese officer lying near the place where the sale is to be made.

ART. LXXXVII. The captain of the man-of-war shall order the prize officer to prepare a certificate according to Form VIII, concerning the procedure of the sale, and shall send the certificate, accompanied by the report of the board of survey, appraisements, accounts of the sale, and other documents, together with the vessel.

ART. LXXXVIII. When the captain of a man-of-war deems a captured vessel unfit to be sent into port as above prescribed, he shall appoint from among the officers a competent board to investigate the matter and direct them to submit a report.

The gist of their report shall be entered in the log book.

ART. LXXXIX. If the board reports that the captured vessel is unfit to be sent into port as prescribed, the captain of the man-of-war shall send the vessel to the nearest Japanese port or the nearest neutral port, with the consent of the neutral authorities.

ART. XC. In the case of the preceding article the captain of the man-of-war shall order the prize officer to prepare a certificate according to Form IX, in which the circumstances of sending the vessel to the nearest Japanese port or to the nearest neutral port shall be stated in detail, and the captain shall order the prize officer to send this certificate, accompanied by the report of the board, and the witnesses, ship's papers, and any other documents required for judicial examination, to the nearest Imperial prize court.

ART. XCI. In the following cases, and when it is unavoidable, the captain of the man-of-war may destroy a captured vessel or dispose of her according to the exigency of the occasion. But before so destroying or disposing of her he shall transship all persons on board, and as far as possible the cargo also, and shall preserve the ship's papers and all other documents required for judicial examination:

1. When the captured vessel is in very bad condition, and can not be navigated on account of the heavy sea.

2. When there is apprehension that the vessel may be recaptured by the enemy.

3. When the man-of-war can not man the prize without so reducing her own complement as to endanger her safety.

ART. XCII. In the cases of the above article the captain of the man-of-war shall direct the prize officer to prepare a certificate stating the circumstances of inability to send in the prize and the details of