ship which came into the neutral waters first has a right and may be required to leave first, if ready for sea.

To secure this right, the ship must give to the local authorities reasonable previous notice of intention to leave, must punctually adhere thereto, and not return before the termination of the twenty-four hours.

Bernard's Neutrality of Great Britain during the American Civil War, p. 274; citing De Pistoye et Duverdy, Traite des Prises, Maritemes, vol. 1, p. 108; Hautefeuille, vol. 1, p. 366; Ortolan, Diplomatie de la Mer, vol. 2, p. 257.

Prizes not to be sent into neutral ports.

977. No belligerent shall send any prize taken by it into the waters of a neutral.' A violation of this article is an abandonment of the prize.

1 This rule is new. It is drawn from Earl Granville's Instructions to the British Admiralty, July 19, 1870.

Restoration of prizes captured in violation of neutrality.

978. It is the duty of a neutral nation to take possession of prizes captured within its territorial limits, or sent within such limits, by a belligerent, in violation of its neutrality, whenever such prizes can be found within its jurisdiction; and, on application of the nation aggrieved, to restore the same to their owners.

Halleck, Intern. Law and Laws of War, p. 530; Wheaton, Elements of Intern. Law, pt. IV., ch. 3, § 13.

Of course this Article will not apply where the validity of the capture has been adjudged in a prize court; because by other provisions of the Code, full faith and credit must be given in each nation to the judg ments of the courts of every other.

Transactions in breach of neutrality everywhere

void.

979. It is the duty of the courts of a neutral nation to treat as unlawful all transactions of belligerents and of neutrals in violation of the provisions of this Book, or in violation of prohibitions lawfully declared under them.

The present law of nations leaves the enforcement of blockades to

the belligerents, and neutral courts will not annul a contract to export contraband, (Chavasse, Ex parte, in re Grazebrook, 11 Jurist, N. S., 400; 34 Law Jour., Bank., 17; 13 Weekly Rep., 627; 12 Law Times, N. S., 249 ; The Helen, 11 Jurist, N. S., 1025; 35 Law Jour., Adm., 2; 1 Law Rep. Adm., 1,) or relieve against an illegal recapture; though this has been contested. Bernard's Neutrality, pp. 327-9. But when contraband traffic only is made illegal, the obligation of the neutral may properly be made co-extensive.

Breaches and violations of neutrality declared public offenses.

980. Any person committing an act within the territorial limits of a neutral nation, which involves either a breach or a violation of its neutrality, except one acting under lawful superior authority, is guilty of a public offense.

See Halleck, Intern. Law and Laws of War, pp. 528-531; 1 Duer on Insurance, pp. 754-775.

Redress for injuries in violation of neutrality. 981. A neutral nation is bound, so far as it has jurisdiction, to afford a remedy for all injuries which one belligerent may commit upon the other, within the limits of the neutral, and in violation of its neutrality.

Halleck, Intern. Law and Laws of War, p. 516; and authorities there cited. The above Article would extend somewhat the existing rule, which limits the redress given by a neutral to a restoration of the prize, with costs. See Twiss, Law of Nations, Part II., p. 487. There seems to be no good reason why the neutral courts should not afford full redress, if persons or property come within their jurisdiction.

Neutral and belligerent rights and obligations not affected by adverse belligerent not being a party to Code.

982. The provisions of this Code, in reference to the relative rights and obligations of neutrals and belligerents, apply between nations, parties to this Code, although the adverse belligerent be not a party hereto.

It may not be deemed practicable to adopt all the provisions of this Book without reciprocity. To the extent here expressed, however, perhaps it may be feasible and advantageous to do so.

DEFINITIONS AND GENERAL PROVISIONS

ARTICLE 983. Words, how used.

984. Words elsewhere defined.

985. Good faith.

986. Notice.

987. Actual notice.

988. Constructive notice.

989. Certain persons deemed to have constructive notice.

990. Who are principals.

991. Who are accessories.

992. Genders.

993. Numbers.

994. Computation of time.

995. Code everywhere locally binding.

996. National powers, how exercised.

997. Powers and jurisdiction not obligatory.

998. Forging or counterfeiting public securities, &c.

999. Uttering forged instrument or coin.

1000. Perjury.

1001. Bribery or menace of public agent.

1002. Violation of provisions of the Code, by whom punishable.

1003. Punishment for public offenses.

1004. Punishment of other violations of the Code.

1005. Violation of any provision of the Code by public agent.

1006. Accessions of nations to this Code.

1007. Rescission of adoption of Code.

1008. Time when adoption, of rescission of adoption, of Code takes effect.

Words, how used.

983. Words used in this Code are to be understood in their ordinary sense, except when a contrary intention plainly appears, and except also that the words hereinafter explained are to be understood as thus explained.

Civil Code, reported for New York, § 1999.

Words elsewhere defined.

984. Whenever the meaning of a word or phrase is defined in any part of this Code, such definition is applicable to the same word or phrase wherever it occurs, except where a contrary intention plainly appears.

Civil Code, reported for New York, § 2000.

A list of all words elsewhere defined appears in the index under the title DEFINITIONS.

Good faith.

985. Good faith consists in an honest intention to abstain from taking any unconscientious advantage, even through the forms or technicalities of law, together with an absence of all information or belief of facts which would render the transaction unconscientious.

Civil Code, reported for New York, § 2007.

Notice.

986. Notice is either actual or constructive. Civil Code, reported for New York, § 2008.

Actual notice.

1

987. Actual notice consists in express information of a fact. The duty of giving notice, imposed by any provision of this Code, requires actual notice.

1 Civil Code, reported for New York, § 2009.

Constructive notice.

988. Constructive notice is notice imputed by the law to a person not having actual notice.

Civil Code, reported for New York, § 2010.

Certain persons deemed to have constructive notice. 989. Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, and who omits to make such inquiry with reasonable diligence, is deemed to have constructive notice of the fact itself.

Civil Code, reported for New York, § 2011.

Who are principals.

990. All persons concerned in the commission of any offense against the provisions of this Code, whether they directly commit the act constituting the offense, or aid or abet in its commission though not present, are principals.

The Penal Code, reported for New York, § 27.

Who are accessories.

991. All persons who, after the commission of any offense against the provisions of this Code, conceal or aid the offender with knowledge that he has committed such offense, and with intent that he may avoid or escape from arrest, trial, conviction or punishment, are accessories.

The Penal Code, reported for New York, § 28.

Genders.

992. Words used in this Code in the masculine gender include the feminine, except where a contrary intention plainly appears.

Civil Code, reported for New York, § 2026.

Numbers.

993. Words used in this Code in the singular number include the plural, and the plural the singular, except where a contrary intention plainly appears.

Civil Code, reported for New York, § 2027.

Computation of time.

994. Time expressed in days or hours in any provision of this Code, or in any agreement or instrument to which this Code is applicable, is to be computed by excluding the first and including the last, except where a contrary intention plainly appears.

See the conflict of authorities on this point in respect to armistice and truce, in Halleck, Intern Law and Laws of War, p. 659.

Good reasons can be given for either of the rules that have been sug. gested. The important consideration is to have an uniform rule, which accords with common usage and opinion.