either nation, of property laden in its ports on the ships of the other, can be required after the lading; and such ships shall not be searched, unless property has been clandestinely and illegally laden; in which case, the person by whose order it was carried on board, or who carried it without order, is liable to the local law; but no other person shall be molested, nor shall any other goods, nor the vessel, be detained for that cause.

It does not, however, seem desirable to recognize such a rule as of general obligation.

Ships exempt from tonnage dues.

411. The following ships are free from tonnage dues on entry, sojourn, or departure :

1. Public armed ships;

2. Ships which, entering in ballast from whatever place, neither discharge ballast, nor take in freight ;

3. Ships which, passing from one port to another of the same nation, whether it be to discharge all or a part of their freight, or to lade freight, have already paid such charges;

4. Steamships engaged in the postal service, or the transportation of travellers and their baggage, and in no other commerce;

5. Ships which, entering a port, whether voluntarily or by stress, leave it without performing any act of commerce;' and,

6. Pleasure yachts, the passports of which state their quality as such, and which have on board no goods subject to duty, and leave port without performing any act of commerce."

1 Subdivisions 2, 3, 4 and 5 are from the treaty between France and Portugal, July 11, 1866, Art. XXVII., (9 De Clercq, 558;) Sweden and Norway, Feb. 14, 1865, Art. VII., (9 Id., 172.)

2 The declaration between France and several other continental Powers, (7 De Clercq, 622, 636,) provides that such yachts are free from all duties of navigation, but requires that they carry away all persons who arrived by them.

The treaties between France and the Free Cities of Lubeck, Bremen and Hamburg, March 4, 1865, Art. IX., (9 De Clercq, 187;) and with the Grand Duchy of Mecklenburg-Schwerin-(extended to the) Grand Duchy of Mecklenburg-Strelitz, June 9, 1865, Art. IX., (9 Id., 295,) are to similar effect, except that they do not mention steamships as above, and the first mentioned does not declare such vessels free from tax, but only puts them upon the same footing as domestic vessels.

What arts not to be considered acts of commerce.

412. The following acts in a port of refuge are not to be considered as acts of commerce, within the last article:

1. Unlading and relading merchandise for the repair or purification thereof, or of the ship;

2. The transfer of merchandise from one ship to another, in case the former proves unseaworthy;

3. Expenditures necessary for food and equipment; and,

4. The sale of damaged freight, by authority of the proper revenue officers.

Treaty between France and

Sweden and Norway, Feb. 14, 1865, Art. VII., 9 De Clercq, 172.

Free Cities of Lubeck,

Bremen and Hamburg,

Computation of tonnage.

413. All tonnage dues on a foreign ship bearing a passport such as is prescribed by article 278, must be reckoned either according to the tonnage stated in the passport, or according to the mode of measurement in use in the port where the ship lies, as the master may elect.

Treaty between France and

Free Cities of Lubeck, Mar. 4, 1865, Art. V., 9 De Clercq, 187.
Bremen and Hamburg, S

Grand Duchy of Meck

lenburg - Schwerin

(extended to the) Grand June 9, 1865,

V., 9 Id., 295.

Exception as to fisheries, coasting trade, and internal navigation.

414. The provisions of this Title do not prevent a nation from giving to its members, or to domestic ships' of any kind, exemptions, privileges, or exclusive rights in reference to:

2

1. The national fisheries, or their produce; or,

2. Domestic navigation,* as defined by article 372.

'The usual language of the treaties is, that the Articles in question do not apply to the coasting trade, &c.; but it is intended here to make the equality apply, as between foreign ships, reserving the right of a nation to give exclusive or other privileges to its own people and ships over all

others.

See treaty between Great Britain and Prussia, Aug. 16, 1865, (Accounts and Papers, 1866. vol. LXXVI., 38.)

The treaty between France and the Grand Duchy of MecklenburgSchwerin-(extended to the) Grand Duchy of Mecklenburg-Strelitz, June 9, 1865, Art. VII., (9 De Clercq, 295,) provides 'that the vessels of either power engaged in internal navigation, shall be treated on the same footing as vessels of the most favored nations.

2 Treaty between the United States and

The Two Sicilies, Oct. 1, 1855, Art. XIII., 11 U. S. Stat. at L., 647. 3 Treaty between France and

415. No nation shall impose a license tax upon commercial travellers seeking orders or making purchases for their principals in another nation, and carrying no merchandise other than samples.

This provision is from the commercial treaty between France and Switzerland, June 30, 1864, Art. XXVI., (9 De Clercq, 56,) which provides also, however, that such travellers shall be duly authorized by their own government, according to the formalities to be agreed upon between the two nations.

Treaty between France and

Austria, Dec. 11, 1866, Art. XV., 9 De Clercq, 646.

To very similar effect are the following:

Treaty between France and

Sweden and Norway,
Portugal,

Free Cities of Lubeck,
Bremen and Hamburg, S

Grand Duchy of Meck-
lenburg - Schwerin

Feb. 14, 1865, Art.

XV., 9 De Clercq, 151.

July 11, 1866,

IX., 9 Id., 558.

Mar. 4, 1865,

XVI., 9 Id., 187.

(extended to the) Grand June 9, 1865,
Duchy of Mecklenburg-

XIX., 9 Id., 295.

Strelitz,

The treaty between France and Belgium, April 27, 1854, Art. XIX., (6 De Clercq, 420,) subjects commercial travellers to a tax.

For the rule adopted between France and' Switzerland, see 9 De Clercq, 319.

The provisions of the protocol between France and The Free Cities, in reference to regulations for commercial travellers, and the importation of samples, provided for annual licenses in two forms-one for manufacturers and merchants, and the other for commercial travellers; and also for offices in each country, for the inspection and admission of samples. 9 De Clercq, 20.

Duty on samples.

416. Dutiable articles, when carried as samples under the last article, shall be admitted, temporarily, free of duty. But proper security may be required fo their re-exportation.

This provision is from the commercial treaty between France and Switzerland, June 30, 1864, (9 De Clercq, 56,) which also provides that the necessary formalities shall be regulated by agreement between the two governments.

Treaty between France and

Grand Duchy of Meck

lenburg - Schwerin

(extended to the) Grand June 9, 1865, Art.
Duchy of Mecklenburg-

Strelitz,

XX.,9 De Clercq, 295.

XXIII., 9 Id., 337.

The regulations governing the execution of the provision for the admission of samples free of duty, and for the annual license of commercial travellers, under the treaty between France and Austria, are contained in the protocol of Dec. 11, 1866, (9 De Clercq, 662.)

As to the identification of samples, see also protocol to treaty between France and the Grand Duchy of Mecklenburg-Schwerin, (9 De Clercq, 308.)

TITLE XIII.

QUARANTINE.

ARTICLE 417. Quarantine.

418. For what diseases quarantine may be

imposed.

419. Detention of ships.

420. Ships may put to sea, when.

421. Limit of quarantine.

422. Regulations.

A summary of the laws and regulations of different countries on quarantine will be found in a paper by Dr. Milroy, in the Transactions of the British National Association for the Promotion of Social Science, 1862, p. 872. Another paper by the same author is found in Id., vol. for 1859, p. 521. Several conventions on this subject are to be found in 6 De Clercq, 141 ; 6 Id., 179; 9 Id., 43; 9 Id., 383.

See, also, an account of the Quarantine Conference of Paris, in Transactions of Nat. Asso. for Promotion of Social Science, vol. for 1859, p. 605.

Quarantine.

417. Each nation, for the protection of the public health, may impose, in any ports of its territory, quarantine upon all ships, public or private, arriving from other ports, and the persons and property on board, and may impose, on any part of its land frontiers, quarantine upon any person or property about to enter, subject to the following articles of this Title.

For what diseases quarantine may be imposed.

418. Quarantine may be imposed for any of the following diseases, and no other, viz: yellow fever, cholera, typhus or ship fever, small-pox, and any new disease, not now known, of a contagious, infectious, or pestilential nature.

Detention of ships.

419. Ships arriving in a foul and unwholesome condition, even though provided with clean bills of health, and though no case of disease has occurred during the