4. To ascertain whether the vessel is engaged in any capacity in the service of the enemy.[459]
(c) The Method. The vessel is usually brought to by firing a gun with a blank charge, or if this is not sufficient, a shot across the bows or even by the use of necessary force. The cruiser should then send a small boat with an officer to conduct the search. Arms may be carried in the boat but not upon the persons of the men. The officer should not be accompanied on board the vessel by more than two men. He should examine the papers of the vessel. "If the papers show contraband, an offense in respect to blockade, or enemy service, the vessel should be seized; otherwise she should be released, unless suspicious circumstances justify a further search. If the vessel be released, an entry in the log book to that effect should be made by the boarding officer."[460]
(d) Ship's Papers. The papers expected to be on board as evidence of the character of the vessel are:—
- 1. The register.
- 2. The crew and passenger list.
- 3. The log book.
- 4. A bill of health.
- 5. The manifest of cargo.
- 6. A charter party, if the vessel is chartered.
- 7. Invoices and bills of lading.[461]
(e) Grounds of Seizure. It is generally held that a vessel may be seized in case of:—
- 1. Resistance to visit and search.
- 2. Clear evidence of attempt to avoid visit and search by escape.
- 3. Clear evidence of illegal acts on the part of the neutral vessel.
- 4. Absence of or defect in the necessary papers.
- (a) Fraudulent papers.
- (b) Destruction, defacement, or concealment of papers.
- (c) Simple failure to produce regular papers.
(f) Seizure. In case of seizure it is held that the neutral vessel and property vests in the neutral till properly condemned by a duly authorized court. The captor is therefore under obligation:—
- 1. To conduct the seizure with due regard to the person and property of the neutral.
- 2. To exercise reasonable diligence to bring the capture quickly to a port for its adjudication.
- 3. To guard the capture from injury so far as within his power.
Failure to fulfill these obligations renders the belligerent liable to damages.[462]
In the Chino-Japanese War of 1894, the Japanese war vessels visited eighty-one neutral vessels but only one was brought to the prize court.[463]